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.
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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