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Home My WebLink About1995-11-13 96-21 ORDERCOUNCIL ACTION Item No. 96-21 Date November 13 1995 Item/Subject: Authorizing Execution of Snowmobile Trail Use Permit -- Paul Bunyan Snowmobile Club Responsible Department: Legal The Paul Bunyan Snowmobile Club desires to have a snowmobile trail which will be on City property at the airport, golf course and Bass Park. The attached Order would authorize execution of an agreement for such a trail. The trail would end on the Bass Park property near Dutton Street. 1 Associated Information: Oi`der, Draft Permit Department Hea Finance Director City Solicitor ntraFor Passage First Reading Referral Page 1 of 7 96-21 Auig,M to Councilor Sullivan November 13, 1995 CITY OF BANGOR �p Authorizing Execution of Snowmobile Trail (TITLE.) (DrUr. ...._... ...:.... ._... .... ....... Use Permit -- Paul Bunyan Snowmobile Club By the CUP Causal OW City MBanw. ORDERED. _ TEAT the City Manager is hereby authorized, on behalf of the City of Bangor, to execute a Snowmobile Trail Use Permit, said Permit to be in a form approved by the City Solicitor. - IN CITY COUNCIL - - -.,.November 11. 1995 96-21 PassedO R D E R CITY CLERK Title, Authorising Execution of Snowmobile Trail Use Peiait - Paul - Eunyon Swwmobile Club DRAFT 11/7/95 96-21 SNOMMOSILE TRAIL USE PERMIT AGREEMENT made this day of November, 1995 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") and PAUL SUNTAN SNOWMOBILE CLUB, a non-profit organization duly authorized and existing under the laws of the State of Maine and located in Bangor, Penobscot County, Maine (hereinafter sometimes referred to as "Permittee") W I T N E S S E T H: WHEREAS, the Permitter is the owner of certain property located in the City of Bangor, County of Penobscot, State of Maine; and WHEREAS, 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 a term commencing on November 1, 1995 and ending April 1, 1996. 96-21 Il'LJI4A%i4i1 TERMINATION 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 rune on and through. It is further covenanted and agreed that the Permitter may upon thirty (30) days notice terminate this Agreement. It is further covenanted and agreed that the Permitter may immediately terminate this Agreement upon any breach of this Agreement or if any person 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 Permitter, its agents or employees, 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 Permitter. Permittee, is prohibited from changing, in any way, the topography of the premises without first obtaining the written consent of the Permitter. Permittee shall not use, occupy or maintain the premises in any manner so as to knowingly violate any 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 term 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 remin on said route and shall not operate snowmobiles on property of Permitter off the snowmobile route. Permittee agrees that Permitter, its agents or employees, shall not be responsible for any injury or damage to persons or equipment using the snowmobile route. -2- Permittee shall establish and maintain that portion of the snowmobile route that is located in the Permitter'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, Base Park Complex. ARTICLE V INSURANCE Permittee shall obtain and provide evidence to Permitter 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 Permitter as the named insured and shall be written as primary coverage insurance for all claims arising out of Pexmittee's use and occupancy of the premises. Permittee will be domed 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 Penticton and Penaittor's 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 the use or occupancy of the premises by Permittee or by Permittes's agents employees, members, invitees or any of them, including all claims by or in behalf of Permittee's employees or agents for Permittee's e of the premises. For this purpose. Permittee hereby expressly waives v and all immunity from iudament or suit it may otherwise eniov under the Maine Workers' Compensation Act of 1992. 35-A MRSA 6 101 at sea: The Maine Charitable immunity statute, 14 MRSA SS 158 and 159-A: or other provisions 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 NONBISCRIMINATION In the use and occupancy of the premises, Permittee shall not in any manner discriminate or permit discrimination against any -3- 96-21 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 neither this Agreement nor any acts of the parties shall be deemed to create any relationship between the parties other than Permittar and Permittee. ARTICLE IX INVALIDITY OF PARTICULAR PROVISIONS If any term or provision of this Agreement is held to be valid 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 XI WAIVER Failure on the part of the Permitter 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 Permitter of any of the Permittee's rights under this Agreement. Further, no waiver at any time of any provisions of this Agreement shall not be construed at any subsequent time as a waiver of the same provisions. The consent o approval of Permittor to or of any action by the Permittee requiring the Permittor's consent or approval shall not he deemed to waive or render unnecessary the Permittor's consent or approval to or of any b susequentsimilar act by the Permittee. -4- 96-21 ARTICLE XII GOVERNING LAW This Agreement shall be governed exclusively by the provisions hereof and by the laws of the State of Maine, as the same may from time to time exist. ARTICLE XIII NOTICES Notices to Permittor provided for in this Agreement shall be sufficient if sent by certified mail, postage prepaid, addressed to: City Manager, City of Bangor, 73 Marlow 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 asrequired 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 Marty L. Boehmer, President, 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) Edward A. Barrett Its City Manager PAUL BUNYAN SNOWMOBILE CLUB (By) Marty L. Boehmer Its President -5-