HomeMy WebLinkAbout1996-09-25 96-379 ORDER- COUNCIL ACTION - -
Item No. 96-379
Date September. 25. 1996
Item/Subject; Authorizing Execution of Snowmobile Trail Use Permit
-- Paul Bunyan Snowmobile Club
Responsible Department: Legal
In 1995 the City Council authorized the execution of a Snowmobile
Trail Use Permit for the Paul Bunyan Snowmobile Club to have a
snowmobile trail on City property (Council Order '96-21)... The Club
Auld like to continue to maintain and use the trail. The attached
Order would authorize execution of another agreement which is
identical to the first except that the expiration date is .lune 30,
1999. The Finance Committee recommends approval.
UDrHeM
Ma""n��a""g''ar's Comments:
1004 Aa'b11MM�Q
City
/City a
Manager
Associated Information:. Snowmobile Trail Use Permit
Finance Director
Legal Approval:
N/d VLA+
City Solicitor
Introduced For
Passage
First Reading
Referral Page 1 of 7
96-3)9
A fined to CwncOm Leen September 25, 1996
CITY OF BANGOR
(IML) Mrbtr, Authorizing Execution of Snowmobile Trail Use Permit
Paul Banyan Snowmobile Cluki.
BY am; Owes OMMOR Of Me city of ft�.,
ORDEMv
TAT the City Manager is hereby authorized, on behalf of
the City of Bangor, to execute a Snowmobile Trail Use Permit. A
copy of said Permit is attached to this Order and is incorporated
herein. by reference.
96-379
0R DCR
'Title, Authorizing Execution of
s Snowmobile Trail Permit Use Permit
Paul Bunyan Srr mobile Club
N/Amoihnumd two
..............
Councilmen
96-319
SNWOIBBILB TRAIL USE PERMIT
AGREEMENT made this day of , 1996 by and
between:
The CITY OF BANGOR, a body politic and Corporate
duly organized and existing under and by virtue
of the State of Maine and located in Penobscot
County, Maine (hereinafter sometimes referred to
as "Permitter -1
7 u
PAUL BUNYAN SNOWMOBILE CLUB, a non-profit
organization duly authorized and existing under
the laws of the State of Baine and located in
Bangor, Penobscot County, Maine (hereinafter
sometimes referred to as •Permittee^)
W I T N E S S E T B•
wMEREAS, the Permitter is the owner of certain property
located in the City of Bangor, County of Penobscot, State of Maine;
and
wMBREAS, the Permittee desires to use property of the City
of Bangor to establish and maintain a snowmobile route,
NOW, THEREFORE, the parties hereto do mutually agree as
follows;
ARTICLE I
PREMISES
The Permitter, in consideration for the obligations to be
performed by Permittee as hereinafter provided, does hereby permit
Permittee, subject to the conditions hereinafter expressed, to
establish and maintain a snowmobile route on property of .Permitter,
as approved by the City Manager or his designee(s).
ARTICLE II
TERM
Unless earlier renewed, terminated or surrendered, this
Agreement shall .remain in effect for aterm commencing on duly 1,
1996 and ending on June 30, 1999.
ARTICLE III
TERMINATION
96-379
It is covenanted and agreed that this Agreement shall
immediately terminate upon the sale of the land, or any portion
thereof, that the snowmobile route runs on and through. It is
further covenanted and agreed that the Permittor may upon thirty
(30) days notice terminate this Agreement. It is further
covenanteil andagreed that the Permitter may immediately terminate
this Agreement upon any breach of this Agreement or if any member
or guest of Permittee using the snowmobile route violates any law
or regulation of any duly constituted governmental authority.
ARTICLE --Iv
USE, OCCUPANCY, AND IMPROVEMENTS OF PREMISES
Permittee shall use the premises herein only for the purpose
of a snowmobile route. Said snowmobile route shall be open and
available to the general public for snowmobile purposes. The
Permittor, its agents or employee shall at all times have the
right to enter upon said snowmobile route.
Permittee, is prohibited from cutting any tree that is
greater than 1 1/2 inches in diameter without the expressed consent
of Permittor.
Permittee, is prohibited from changing, in any way, the
topography of the premises without first obtaining the written
consent of the Permittor.
Permittee shall not ss occupy or maintain the premises in
any manner so as to knowinglyviolateany law or regulation of any
duly constituted governmental authority.
Permittee may use all -terrain vehicles or wheeled vehicles
on the premises for the purpose of establishing or maintaining the
snowmobile route.
Permittee shall make no future claims of adverse possession
and/or prescriptive use by the Permittee of the premises. .
At the expiration of the tam of this Permit, Permittee
shall remove all markers, signs and any other objects marking the
snowmobile trail.
Users of the snowmobile route shall at all times remain on
said route and shall not operate snowmobiles on property of
Permittor off the snowmobile route.
Permittee agrees that Permittor, its agents or employee
shall not be responsible for any injury or damage to persons or
equipment using the snowmobile route.
-2-
96-379
Permittee shall establish and maintain that portion of the
snowmobile mute that is located in the Permittor's golf course at
such times as determined by the City of Bangor Director of Parks
and Recreation or Golf Pro -Superintendent.
Permittee shall be responsible for making access through the
fence located at Bass Park in such a manner, under such terms and
conditions and at such a location as shall be determined by the
Manager, Bass Park Complex.
1.1.'Ye444 t
INSURANCE
Permittee shall obtain and provide evidence to Permittor of
general liability insurance coverage in a minimum amount of
$300,000.00 per claim covering all liability claims arising out of
the Permittee's use of the premises. Permittee's liability
insurance policies shall name the Permittor as the primary named
insured and shall be written as primary coverage insurance for all
claims arising out of Pernittee's use and occupancy of the
premises.
Permittee will be deemed to have complied with this Article
V if it obtains insurance coverage through the State of Maine
Snowmobile Trail Liability Insurance Program.
ARTICLE VI
INDEMNIFICATION
To the fullest extent permitted by law, Permittee shall
indemnify and save harmless the Permittor and Permittor's employees
and agents from and against any and all claims by or in behalf of
any person(s), firm(s) or comoration(s) arising from the use or
occupancy of the premises by Permittee or by Permittee's agents,
employees, members, invitees or any of them, including all claims
by or in behalf of Permittee's employees or agents for Pprmittee's
use of the premises. For this Pormittee hereby expressly
waivesd all i i f i d t 't otherwise
d h N k C A t f 1992 35-A MRSA
S
1 Th M Ch i bl i 't tatute. 14 MRSA to 158
and 159-A• or other oroyisions of law. -
To the fullest extent permitted by law, Permittee shall
indemnify and save harmless the Permittor, and Permittors'
employees and agents from and against any and all claims by or in
behalf of any person(s), firm(s) or corporation(s) arising from
their use of the premises.
ARTICLE VII
NONDISCRIMINATION
In the use and Occupancy of the premises, Permittee shall
not in any manner discriminate or permit discrimination against any
-3-
96-3)9
person or group of persons on the grounds of race, sex, age,
religion, color, national origin, or physical or mental handicap,
or in any other manner prohibited by law.
ARTICLE VIII
CONSTRUCTION
The headings appearing in this Agreement are intended for
convenience and reference only, and are not to be considered in
construing this Agreement.
Nothing contained herein shall be deemed or
construed by the
parties hereto, nor by any third party, as creating the relation-
ship of principal and agent or of partnership or joint venture
between the parties hereto, it being understood and agreed that
either this Agreement nor any acts of the parties shall be deemed
to create any relationship between the parties other than Permitter
and Permittee.
ARTICLE I%
INVALIDITY OF PARTICULAR PROVISIONS
If any term or provision of this Agreement is held to be
invalid or unenforceable, the remainder of this Agreement shall not
be affected thereby and each other term and provision of this
Agreement shall be valid and enforceable to the fullest extent
permitted by law.
ARTICLE x
AMENDMENTS TO AGREEMENT
This Agreement contains all terms and conditions between the
parties hereto and no alteration, amendment or addition thereto
shall be valid unless in writing and signed by the party against
whom enforcement may be sought.
ARTICLE 8I
WAIVER
Failure on the part of the Permittor to complain of any
action or non -action on the part of the Permittee no matter how
long the same may continue, shall not be deemed to be a waiver by
the Permittor of any of the Permittee's rights under this
Agreement. Further, no waiver at any time of any provisions of
this Agreement shall be construed at any subsequent time as a
waiver of the same provisions. The consent or approval of
Permitter to or of any action by the Permittee requiring the
Permittor's consent or approval shall not be deemed to waive or
render unnecessary the Permittor's consent or approval to or of any
subsequent similar act by the Permittee.
-4-
ARTICLE XII
GOVERNING LAW
96-379
This Agreement shall be governed exclusively by the
provisions hereof and by the laws of the State of Naine, as the
same may from time to time exist.
ARTICLE XIII
NOTICES
Notices to Permitter provided for in this Agreement shall be
sufficient if sent by certified mail, postage prepaid, addressed
-
tov Director of Parks B Recreation, City of Bangor, 647 Main
Street, Bangor, Maine 04401; and notices to Permittee shall be
sufficient if sent by certified mail, postage prepaid, addressed
to; Paul Bunyan Snowmobile Club, 1862 Union Street, Bangor, Maine
04401, or to such other respective addresses as the parties may
designate to each other in writing from time to time.
ARTICLE XIV
AUTHORITY TO ENTER INTO AGREEMENT
The parties hereby represent and warrant that they have
taken all necessary, procedural and legal steps as required under
all state, local and Federal laws and regulations for the purpose
of authorising the execution of this Agreement, and that execution
of this Agreement by Edward A. Barrett, City of Bangor City
Manager, and Doris R. Ring, President of the Paul Bunyan Snowmobile
Club, respectively, renders this Agreement a valid and binding
document on their respective parts.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the day and year first written above.
CITY OF BANGOR
(BY)
Witness Edward A. Barrett
City Manager
PAUL RUNYAN SNOWMOBILE CLUB
Witness (BY)DorisR. Ring, President
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