HomeMy WebLinkAbout1996-09-25 96-394 ORDERCOUNCIL ACTION
Item No. 96-394
Date September 25, 1996
Item/Subject: Authorizing Execution of Agreement with Paul Bunyan
Snowmobile Club
Responsible Department: Legal
The. Paul Bunyan Snowmobile Club has eked the City for $3,000.00.
The Council approved the requests ject to the execution of a
contract between the City and the C (Council Order 96-359).
Attached is a contract provitling £o the City to give the Club
$3000.00 per year for three yeas ovided that the funds are used
solely forthe development and maintenance of snowmobile trails and
cross-country ski trails in the City, and provided that the Club
file with the City each year a report regarding the use of the
funds documenting that their use was in compliance with the terms
of the agreement. .The Finance Committee recommends approval.
Department Re
Manager's Comments:
4
- j City Manager
Associated Information: Agreement j
n
Finance Director
gCity Solicitor
Introded For
Passage
First Reading
Referral - Page 1 of 5
96-394
Aedpmd to CAA'
xUAa Leen September 25, 1996.
CITY OF BANGOR
(TITLE..4Crba,_.--- .... Authorizing Execution of Agreement with
Paul Bunyan Snobmobile Club - -
By the City CmWMAU of Me My of21SA -1
ORDERED.
THAT the City Manager is hereby authorized, on behalf of
the City of Bangor, to execute an Agreement with the Paul. Bunyan
Snowmobile Club. A copy of said Ag%cexznt is attached hereto.
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96-394
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AGREEMENT made this day of September, 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 "the CITY")
and
PAUL RUNYAN SNOWMOBILE CLUB, a on -profit
organization duly authorized and existing under
the laws of the State of Raine and located in
Bangor, Penobscot County, Maine (hereinafter
sometimes referred to as "the CLUB")
W I T N E S S E T H�
WHEREAS, the CLUB wishes to receive an annual appropriation
from the CITY; and
WHEREAS, the CLUB and the CITY intend to enter into an
Agreement for the CITY to use certain property of the CITY for a
snowmobile trail; and
WHEREAS, the CITY requires certain conditions on the use of
any appropriation,
NOW, THEREFORE, the parties hereto do mutually agree as
follows:
ARTICLE I
TERM
This Agreement shall be for three (3) municipal fiscal years
terminating on June 30, 1999. This Agreement may be extended up to
an additional three (3) fiscal years by mutual agreement of the
parties. Any extension of this Agreement must be requested by the
CLUB on or before March 1, 1999.
ARTICLE II
FUNDS
The CITY, subject town annual appropriation by the Bangor
City Council, shall give to the CLUB Three Thousand ($3,000.00)
Dollars each fiscal year during the term of this Agreement.
ARTICLE III
USE OF FUNDS
96-394
Funds appropriated by the CITY to the CLUB shall be used
solely for development and maintenance of snowmobile trails and
cross-country trails within the City of Bangor.
The CLUB shall, by April 30 of each year, file with the City
of Bangor Director of Parks and Recreation, a report regarding the
use of funds appropriated by the CITY to the CLUB documenting that
the use of said funds was in compliance with the terms of this
Agreement.
ARTICLE V
TRAIL USE PERMIT
This Agreement is subject to the parties agreeing to a
Snowmobile Trail Use Permit. Should the parties not have a
Snowmobile Trail Use Permit or should the permit be revoked, this
Agreement becomes null and void.
ARTICLE VI
ADMINISTRATION
This Agreement shall be administered on behalf of the CITY
by the City of Bangor Director of Parks and Recreation.
ARTICLE VII
GOVERNING LAW
This Agreement shall be governed exclusively by the
provisions hereof and by the laws of the State of Sales, as the
same may from time to time exist.
ARTICLE VIII
Notices to the CITY provided for in this Agreement shall be
sufficient if sent by certified mail, postage prepaid, addressed
to: Director of Parks y Recreation, City of Bangor, 647 Main
Street, Bangor, Naine, 04401; and notices to the CLUB shall be
sufficient if sent by certified mail, postage prepaid, addressed
to: Paul Bunyan Snowmobile Club, 1562 Union Street, Bangor, Maine,
04401, or to such other respective addresses as the parties may
designate to each otherin writing from time to time.
96-394
ARTICLE I%
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 authorizing 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 WHEREOP, 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 SUNTAN SNOWMOBILE CLUB
(By)
Doris R. Ring, President