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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. 1N Ctt EU3,1 ,. $¢p ed 2Y T.11 96 396 C - Pawed O R D E R - - T tl ool P_c on A [fi1 B u[if AE ement� ItP 1 coSbo, bile .Club - ...... .. ../.^.........Awo..... ... V' 96-394 f�efgF-." V 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