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HomeMy WebLinkAbout1989-05-08 89-209 ORDERDate May 3, 1989 Ilam No. 89_209 Authorization to Execute Agreement - Penobscot Bay Lem/Subject: Lines, Inc. Responsible Department: Community & Economic Development Commentary: Capt. Frank Foss of Penobscot Bay Lines, operator of Mt. Katandin Cruises, has submitted a proposal to operate Cruises out of Bangor this spring and fall. He has submitted wschedule of charter cruises which i Th attached. e Agreement would permit use of the lower float dock owned by the City only for the loading and unloading of passengers for a fee of $50 per cruise between May 15, 1989 and 'June 30, 1989. The Agree- ment conforms to the provisions recommended by the Community and Economic Development Committee and is subject to the receipt of all fees due the City. Oep:rne rs Nevd Manager's Comments: y1� A on ^ 1. Liµ.,wv.Q aXw..LC-(w«sW�Ya ILnX.L.a�Mttn �� ok V aJ[X 0 Associated information: gooses Approvtl: FinexaP etot Legal Approval: rySOreiror �nfroeuced For OPmsane O First fleecing ORefemal Pass_ of� 89-209 Amigned to Cummaea Stone, May 8, 1989 CITY OF BANGOR (TML) (@TDM Autho i etiou to Execute Agreement - Penobscot Bay Lines, $c. By Me City Couu:R of the City of Bangor. ORDERED. THAT the City Manager is hereby authorized to enter into an Agreement, on behalf of the City of Bangor, with Penobscot Bay Lines, Inc. for the purpose of providing cruise boat services on the Penobscot River. Said cruises shall depart from and return to City - owned lower float dock which shall be used by Penobscot Bay Lines, Inc. only for the purpose of the loading and unloading of passengers. rm Title, MT89-209 K AHD�N c CRUISES �4W 1 April 11, 1989 P. 0. Box 922 Belfast, ME 04915 Tel. 338-5191 John T. Frawley City Engineer City Mall 73 Harlow St. Bangor, ME 04401 Dear John Received your .letter dated March 159 1989. The Mt. Katandin has been chartered for cruises out of the port of Bangor on the following dates. May 24 10:a.m. May 25 10:a.m. May 26 10:8.m. June 9 11:a.m. June 10 ii:a.m. June 11 7:p•m.. June 11 12:a.m. We understand that the price will be $50. per cruise. We would appreciate it if the Harbor Committee and City Council would reduce the fee to $50. per day up to two trips. As always we look forward to bringing the Mt. Katandin - to the port of Bangor. Sincerely, Capt. Frank Foss AGREEMENT 89 -209 This License Agreement dated thisday of 1989, by and between Penobscot Bay LinesInc. (hereinafter called the Operator) and the City of Bangor, Maine (hereinafter called the City). WHEREAS, the City of Bangor has determined that cruise boat service on the Penobscot River is in the interests of its citizens and the general public; and WHEREAS, the parties hereto executed prior Agreements dated November 27, 1985 and May 24, 1988 relative to the Operator of the cruise boat by Operator and the use of City's floating dock; and WHEREAS, the parties hereto agree that all prior Agreements between the parties hereto have been terminated; and WHEREAS, the Operator has demonstrated its capability to provide adequate and suitable cruise boat service to the public under the terms of prior agreements by and between the parties hereto, NOW, THEREFORE, the Operator and the City, in consideration of the mutual covenants hereinafter set forth, agree as follows; ARTICLE I PREMISES The City agrees to permit Operator to use the lower float dock at Bangor Landing. Operator agrees t0 operate a cruise boat during the periods commencing on May 15, 1989 and ending on June 30, 1989 inclusive. During said period, Operator shall provide cruises in accordance with a written schedule to be submitted to City by Operator and subject to the written approval of the City of Bangor Harbor Master. Said cruises shall depart from and return to said lower float. Operator may make changes to the written schedule required herein, provided he shall first submit a written notice of such changes to the City Harbor Master, who shall have the right to disapprove the same. Notice of such changes must be submitted not less than 48 hours prior to the scheduled date of cruise under either the original or revised schedule, whichever date is earlier. It isexpressly understood by the parties hereto that this e Agra entdoes not grant the Operator permanent docking rights at the City's said lower float dock or any other City -owned harbor facility. ARTICLE II TERM It is understood and agreed that this Agreement shall remain in full force and effect through June 30, 1989. ARTICLE III RENT In consideration for.the use of the facilities as described above and for the rights further described in this Agreement the Operator agrees to pay the City a fee of fifty dollars ($50.00) per cruise. Said fees shall be paid to the City of Bangor Harbor Master in advance. ARTICLE IV USE AND OCCUPANCY Operator shall use and occupy said lower float dock for the purpose of docking its cruise boat, and for the loading and unloading of passengers thereof, and for no other purpose whatsoever without the prior express written consent of the City. The time for loading and unloading of passengers shall not exceed thirty (30) minutes for each occurance. Operator shall not use occupy said bulkhead i an any manner which violates any law orregulation of any duly constituted governmental authority. The parties hereto agree that if during the term of this Agreement said lower float dock shall be destroyed or so damaged by fire, earthquake, flood, or other casualty, o if said bulkhead shall fall into such a state of disrepair due to wear and decay or any other reason or cause so as to make it impractical on unsafe for Operator and its passengers to use said lower float dock as contemplated herein, the City shall be under no obligation to rebuild or restore said lower float dock to its prior condition. ARTICLE V PARKING The City shall permit cruise boat customer use of the parking lot and adjacent street areas on an equal basis with the general public. It is expressly understood that all parking shall be on a public basis, and no City parking areas shall be specifically reserved for cruise boat use. ARTICLE VI CLEAN-UP, REPAIR The Operator shall clean-up said bulkhead area and grounds immediately adjacent thereto after each cruise. Operator shall provide trash receptacles immediately adjacent to said bulkhead for e by its passengers. The Operator shall provide for its own trash removal. ARTICLE VII INSURANCE The Operator shall keep in force comprehensive public liability and property damage insurance in the amount of at least $1,000,000. Prior to the commencement of each period that this Agreement shall remain in effect, the Operator shall fila with the City Purchasing Agent a Certificate of Insurance showing this comprehensive insurance coverage. All insurance shall be carried by responsible companies satisfactory to the City. Such insurance shall include a clause providing for property damage coverage of the City's lower float dock, .for any damages to the City's dock caused by or arising out of Operator's cruise boat operations; and shall designate the City a loss payee' for all claims arising out of any such damage to City - owned property. ARTICLE VIII LAWS, ORDINANCES. RULES AND REGULATIONS The Operator shall at all times comply with all local, State, and Federal laws, ordinances, rules and regulations, including the Bangor Zoning Ordinance, which are applicable to this Agreement and to the premises pertaining to this Agreement, and to the operation of a cruise boat out of the Port of Bangor and on the Penobscot River. ARTICLE I% INDEMNIFICATION The Operator shall indemnify and hold the City, its inhabitants, employees and agents, forever harmless from and against all liability, loss or expense imposed upon the City, its inhabitants, employees, and agents, by reason of legal liability for injuries to persons and damages to property caused by an act or omission of negligence o other misconduct in or about said lower float dock or pursuant to the operation of the cruise boat. ARTICLE % CITY NOT LIABLE In granting the rights and privileges contained in this Agreement, the City does not assume any responsibility for any loss or r damage to the cruise boat o other property of the Operator, its Owners, guests, invitees or employees. - ARTICLE %I CHANGE IN USE It is expressly understood that no change in use or any additional uses of said bulkhead shall be made by the Operator without obtaining prior written approval of the City, and any approval may be contingent upon the renegotiation of the fee schedule, in the City's sole discretion. ARTICLE XII RELOCATION The City may in its sole discretion, upon twenty-four (24) hours written notice to the Operator, relocate the cruise boat operation to another location within the immediate area, said area being down river from the Joshua Chamberlain Bridge and up river from the southerly line of property formerly owned by Coal Energy of Maine. ARTICLE XIII OTHER CRUISE BOAT SERVICE Nothing shall preclude at any time the use of other premises Owned by the City by others with the City's permission for alternate cruise boat service. ARTICLE XIV DEFAULT, TERMINATION If the Operator fails to provide cruise boat service in accordance with the schedule referencedinI during the contract period or fails to pay the rental fees in accordance with Article III or fails to comply with all statutes, ordinances, rules and regulations, or shall otherwise be in default of any part of this Agreement, then the City, in its sole discretion, may terminate this Agreement upon ten (10) days written notice to the Operator. ARTICLE XV NOTICES All notices provided under this Agreement shall be in writing and shall be sent by registered mail, return receipt requested, and addressed as follows: To the City of Bangor: - City Manager Bangor City Hall 73 Harlow Street Bangor, Maine 04401 TO Penobscot Bay Lines, Inc.: Captain Prank H. FOSS P. 0. Box 922 Belfast, Maine 04915. ARTICLE %VI TRANSFER This Agreement and the rights and duties hereunder may not be assigned, sublet, delegated, or otherwise transferred by the Operator in whole or in part, to any third party without prior written consent of the City, and any attempted transfer without such prior written consent shall be void. A transfer of a majority of the stock in the Operator or control of the Operator's daily operations shall constituteatransfer prohibited under this Agreement without the prior expressed written consent of the City. ARTICLE %VII INTEGRATION This Contract constitutes the total Agreement between the parties and supersedes and replaces any previous Agreement between the City and the Operator for cruise boat services operating out of the Port of Bangor. It is the express interest of the parties that any and all such prior Agreements, including but not limited to the Agreements dated November 27, 1985 and May 24, 1988 by and between the parties, be hereby terminated. IN WITNESS HEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF BANGOR BY Edward A. Barrett City Manager PENOBSCOT BAY LINES, INC. By Capt. Frank H. Foss President STATE OF MAINE Penobscot, as. May , 1989 Then personally appeared the above-named EDWARD A. BARRETT, City Manager, and acknowledged the foregoing instrument to be his free act and deed in his said capacity, and the free act and deed of said body corporate. Before me, Notary Public Attorney at Law Printed Name