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Home My WebLink About1989-01-09 89-54 ORDERwunai Halon Date Item No. 89-54 Iten/Subjech Authorizing City Manager to Enter into an Agreement with Penobscot Dockage Boat Facility - Bangor Waterfront Responsible Department:. Engineering Commentary: A group of local boaters desire to install and maintain dockage facilities forsnal rental to recreational boaters, to be located on the forbear Irving Oil Co. bulkhead adjacent to the waterfront Park. The Agreement would be dor a period of three years, but the City would have the right to relocate or terminate the agreement if the redevelopment of the City property should o The mannual lease payment will be $2,100.00, and the Operator will provide additional waterfront coverage which will reduce the amount of temporary help required by the City. p Oman wood Manager's Commercial Pfbd-Dd'1 APa (� tr>� Dsu 4M�r�-� "h'�/Jj p,,t B,-� ✓✓ld.`dld� s . -nu.�, mpdt.,. �,, �.,w� SHA C1rY M.wgn Associated Information:0 Budget Approval: for .!F �'� ru ninon. Le®NIQ Dprpa A .nw..e. C � 8 �� -CisY Sosieiror % $ A Introduced For ®Passage ❑ First Reading Page_ ❑Referral - 89-54' Amupmd to Cowtibr Blanchette, January 9; 1989 „) CITY OF BANGOR (TITLE.) (orbVis . Authe SzinB City Manager to Enter _into Agreement with Penobscot Wckage__eoaf_Padlity _-_Bepgo;„ueterfx.,opp By W CIM Cou` ud%04,Cfy ofBeaw. ORDERED. TEAT the City nosegay be and hereby is authorized on behalf of the City Council to enter into an Agreement with Penobscot Dockage Boat Facility for the temporary use of.a portion of City land adjacent to the. Municipal Waterfront ?ark on Front Street, being the former Irving Oil Co. property, for the instal- lation and operation of dock facilities for recreational boats, a copy of said Agreement being on file in the City Clerk's Office. Y Council January 9,1989. "' 'at enabled < xdrdagrioeee end live ester k, "as'eegt add in a fozfi} ; and Delete in the last line the.' words a copy of. said agreement on file in the ci%y clerk's ofa5ee pity Cle 4__ f F 89-54 ore Dex Title, Authorizing City Manager to Enter into an ......... :............. 4.............. Agreement with Penobscot Dockage Feet Facility Danger Waterfront Engineering ...................................... .. .Councilman 89-56 - 4AICERENT MIS PCREENE" Well this day of 1989 by ani brt y (hems£tea rolled the -op eta[at^) •antl a Cit 1, p ine (heteivaftet called the ^CitY9. M If annual, 888Hr' THAT, opUSEE B. the City of hyo[ he, decetnlned that available making apace an the Penobscot Rive[ adjacent to the mnlelpal 1,nding for private boats is becaaing acorea dva w the rapid Sneneaee Sa [ec[eational locking activity: and WHERGR. [hes in groping decal fol boat dockage facilities for motist, And ies is costly, end the mpe�iouhofc such facilities by the operationIf of Sang" dotlot ofelderod to be desirable at [h1, [See. and PP®IES4, the Operator ba, indicated a de,1a An develop All apevte ,,no facilities: and XRGEAS. the apmetim at said facilities K11 "does, caep+atlan at the vie Ag municipal decks AM Hll gansrally mesa the mualelp+l Eluding area sone ctive An both local aM transient beaters. era or ad the wmal Inch we,"AM1ereinaftperact cEnoch, date Cies follows. itlera elan If the ARTICIE 1 The Operator agrees to furnish, install, m1n[ain aM operate floating dock facilities an land usual by the City hereinafter daderfled. "to floating dock facilities to consist of A total of 680 feet of dock ,pace, including All Appurtenantstructural suppk, valkmarye and gaagpeyd u be Island m a I aeesonabasitof to the owner, of r.tional haat, free April 15 through encumber 15 in 1989. 1990, and 1991ie Me Operator will posucial clilldey ,cruse, mchndiy pater and share papa backups, lighting, and a security Ting z PA6 585 The City 19,11, to permit the Water,, to use Ipprnafwtely yW feet of Ne ,lilting wade, bulkhead located directly merriest from the ,,,tire municipal dock. being Totally described 1, W10 -Claim Bead of Saving Oil Corporation to the City of Banwor, dated Oecewhat 51. 1986. end recorded do the penumotor Registry of Beedn in Volume 5955. Pegs 260. The City ala' ,gree, to permit the Poerato, to eeeery up to TO parking spaces fnthe i'a ting gravel parki,g 1't the Sty property located oa the domriverside of the subject property for uee by the Operators mayor, of guests, and to merit the Operator to have vesicle 11 ,11, for, Floor Street t, the vicinity If the gateway leading to the Poeratox s do,age for the purpose of loading and unloading only. Nothing is to punched, the use of the r=ail,& pool',, of the City land by the city, or by others with the City', pet,l,aWn. The City also reserves the right to p,rmit the loading and unluadi,g of tent„ blame Erma th, bwhMead at the Implies, em of the forma, Irving Oil property it such a euwex e' as to not interfere with the wrml ase of the Op,mcur s dotage, wall to allow for pedelt,ian ecce„ to ud d,m the billions dx'e the <,fail" parking fit caseload abe,,. AagiCtg 5 amn It it the Taunt that this Agreement shell remain in full force end effect fret the data of lignin nate through preacher 15. 1991: om hes', in the a that the City requires chat me of the property at an ,sell,, ties. the, the City will meed every effort to provide an al[ site an adjacent property ops the City, as described 1, Article ld. If Ill... ties in sat peveThis or feasible, n the City reserves erm right to taAgte thin Agreement upon proper n s hereinafter deeexlhad. ARTIM e TEMPORARY THE pHER VINQ¢BUILDING TNpPoeCltyfmcher agree, to 1111, the Operator to tetihe ower level of the existing Viner building for the purpose of fabrleeting the d0cluE& floats eud other sunscreens from the date of the sign Yy of thin agreement to May 15. 1989. during Mich period the Operate, ,bell be fully reaponvlble for the ,edition vcur ity of the building. with a1 other uses of the promisee to bena¢lo.:a. - REST In c,,11111till far the see of tax facility ea dmcribed above end for the right, f,ther I ... Iliad in this SHUT emenq the Operates agrees to pay the a fee of IDHundred Dollars (000.00) per month. tat a ,imine, of Use Th,h,"d Up, Hundred Nnllev (9;100.00) pec eeneeq for each of the 1909. 1990 and 1991 boating creams. Far the use of the IF.. building as stated above, the Operate, ,bell pay to the City the hum of One Hundred Dollars ($100.00) per month. u bot act se than gnu. gaadr,d Bell,.. ($400.00 ATITICLE 6 CPNIiI0N5 OF O5g Me Do.nafor shall mental, the package and adjan tae area In a ,It, ition It Ind , dupeties of the a facility. and aet allsecurityattendan farthethereto. It is expressly understood that holy boat mmers having seasonal rental contract. will be cliched to dee the Opere,r a facilities vas the .,tel at use of dry of the Operator's dock space for a leaser period of time hill be Subject to tax pe,ieeion of the Harbor Master, and only span payment to the City o1 deck charges eq,ilalmt to the rate[ charged on the =11cipel dock,. the ,payment of acid costs" m be the responsibility of the Operator. no City ahe 1 Rave the light at all times to mar upon, the facilities tonapect the cobalt", of the promises the bulMead old the Floods• It is expressly understood that An other uses of the premises will be xdq atsept those am errea d have. The parties hereto agree that if during the tam of this sy" at atl u d .ball be destroyed or so deeaY ged by Fire. eerthane4. Fadp or ether casualty. or if acid bulkhead vhall fall fete each a state of disrepair duo be wase and decay or my other reason or cause so as to seem it fmpdactIm. or ungfe far Bpervter and it a sure to use said bulkhead as contemplaetl hrt.LT. the City ,ball be under no obligation to rebuild or crater, Said bulkhead to We prior condition. The City will pemeit the Commoner cka to at,,, all of it', doge M egulpunt M the City 1 adjacent 1, the bulkhead during the period from October yl of each year to any 15th of the following year for as It's ae this bgreeeent. remblem Sn affect. raid removal end storage to be At the 4 ..cat v risk. ARTICLE PERMITS It .hall be the raeponeibillry of the Operator to obtain all State .rel pension while exy h requited to Install and operate the facilities ilities se described abe,,, and to pay all fees attendant thereto. ARTICLE - AOgplAa OP THE FACILITIES Stier to the installation of the dockate facilities, the Operator ,hell furnish to the City Engiwer a detailed Plan swine the layout eM all IMMI11111 details rutting to the dea4ege facilities, *aid via, to be steeped and aided by a Professional engine r lleenaed in the State of Maine. and installation Fill rot be sliv ered until the plan, are approved by the City Enaineen. -a- ARTICLE 9 INEURANCE The "stator atoll peep is force covpteheneive public liability and pmpeety chug, ieeonnce to the S,O,,t of at Senor Ona Mil Han I'll... 61.000.000.00), prier to the eemeeno"ant of "OR period that Chia yteeeent Stell "Mia, io effect. the Operator 'hall file with the City Putcbaing Ag Ht A H,tifi"te If na.Hum shwlug CST, conpah... is, Somme.. ... eeage. All I.....oce shall be c rried by ... po..If" camp,,iH eatiafactary to the City. If, Oprsato, shall RISE be required to prnide full property deals, ew rage on the forcer Vtner building it an layout not 111, then Pour Hundred no, and Dollars 0600.000.00), payable to the City of mgor. dump the period If emupawy by the Operator. ARTICLE 10 5. ROLES AMO MULATIMS Me Oper6oe shell at all thus Cwply with Ill 11,11. State old yedeell lm, ardlumly. AREA And regulations, lneluding AM gangly zwip ONlew11. Mich are applicable to this Agameat wd to the preuiaea pr.rMiling to Chia Agreement, ARTICLE 11 100FIpIFICATIM The Oper toy 'hell AAH=Afy .ad lurid the City. in inh.bim H. employee, are agares. forever hatnle¢o fray and against all liability, I... or o, Wooed spun the City or its mhmbitante. eepllnee and ,Beats by Ieuw of legal liability for in]urie. to pare... and CASE",* to property Caned by e1 It of missn, or negligence or other mLcondwc is or .bout Slid bulkhe,d or pu... act to the Spastic, of the dockage facilities. -5- ARTICIE ig 5r Box LIABLE to emoting to' right' ant ptiv lagan Contained In this Agreement. the City Area ase else, any 111poaliIi1ity far any legs or damage to the dockage facilltia[ or other property of the Op era let. We owner, guests. co, [Deers. or employees. ARTICLE IS CRAUG IN Cut E It is zryre..ly a,d,r,t,,d that no mare 1, sae or any addition' urea of aaid balkelad 'hall be mate by the Operator Without obtaining prior wittem approval of the City. and any approval may be contingent won the renegotiation of the Fee schedule. in the Cita sale allocation. ARTICLE Ig REN aim City any, 1n it', ,ole AS,oretlan..pa, sixty (0) day, written .,if,, m the ope..to,, recall, that the d1lbag, facilities be relocated to another location Achim Che Imedl,te .r... said area being doWarlver fro, the Icahn, CM1.mb.rLln Bridge aM until the southerly line of the property forverly avned by Coal 0nrgy, of Model. She ,It If laid relocation shall be be," by the Op e.. We. En to, event that the City le not able to provldt an area for relocation Iloilo the above-described llmlta peace 1' acceptable to the Operatarp then this Agreement shall be ternimted. aM the up.. to, shall [,nova its dockage 6c111tles from the area. ANTICLE 15 DEFAU NATTO L= IfEthe l4 ... far fail, to popples adequate docking facilities An M1ereinefeee described facing the Interact peeled on 613E to PAY the rental fees In accordance With Article 5. or £ails to comply rich all .Camra., ordinantea, ruleu aid regulations. ar .ball Alcatel,, be in -6- default of may part of thio Agte ment, then the Cssn m it', aide dietcetlen, MY terminate Chis Agreement upon ten (10 ) day' Witten entice to the Operator. ARTICLE 16 XOt1CSS All notion, provided Coda[ thin Ag[e mwo eba31 be In 'Citing end ,ball be ,It by Cent1[fed ILII. Bnmm &Weipt ",,,red, rd ,Wre aved as follow - I, she City of BanaWl City Manager tl citl Wil street Un W, NWW 06401 I, Pmolbseot Dock", Ann, Fllility: ARTICLE V TRANSFER Me Agreeeent and the right, and dutill hallinde[ may rot be aaaigned, eableq delegated. 11 WhWWu C[anaferred by the Poe[etm In 'hole AT in part. to any third party Wthnat prior Witten W,,"t If the City. and any attend III ttennfar 'ithovt each print Witten enneent ,ball be void. A CraWfW of the ny,,ity of the stook In the tale Control of the Openmr a daily operation ah61 Constitute , It an afar prohibited Cadet thio Ag[eemwt without the prior a prtea Witten consent of the City. "TIME is ttCMTIOX Ihim mItrect covtitWII to, ental ug[eement bltllW the parties and 'up"'"', And ["Into, any Craving, agreement. IN WITNESS rmeame, the parties hereto has. at tear hoods ad sells the day em Feer first abet, .rsste.. CITY We segme gygaem n. e a city storage, eeNowmi VOMOE FACILITIES -8-