The URL can be used to link to this page

Home My WebLink About1989-06-12 89-247 ORDERGa NSeA� Date Syne Sy 1989 Item No. 89-247 Item/Subject: Authorization to Execute Agreement - Winterport Perry Co.,Inc Responsible Department: Community and Economic Development -------------------------------------------------------------------- Commentary: Jeff Raclin, President of Winterport Perry Co., Inc., has requested permission to operate three hour and six hour excursions from the City dock on alternate Priday6, Saturdays and Sundays. Mr. Raelin would be operating a six passenger, 32 foot vessel which was reconditioned i6 1988. His use of the dock would be limited to the pick- up and discharge of passengers on schedule prearranged with the Harbormaster. Mr. Raclin has indicated he i6 willing to pay the City on dollar ($1.00) for each passenger picked up at the City dock. The staff has reviewed this request and recommends approval. The Assistant City Solicitor has been asked to prepare the necessary agreement. The Community and Economic Development Committee will be asked to review this request at its meeting on June 6th. 9nageY�6 I.'Omment6 :1 Lr Information: Budget Approval: N Legal Approval: Finance Director City Solicitor Int oduced For: Passage First Reading Referral Page I of 1 89-24] _ Aeeipmdto G ncHar Blanchette. June 12, 1989 CITY OF BANGOR QITLEJ (Prurs .._Authorkzat.tpn.. to execute. ABLeeNent winterpgxt..._ Pe p Co mc. By is alp Count¢ offs CUV of ma%or. D&DMM, TWT the City Manager is hereby authorized to enter into an Agreement, on behalf of the City of Bangor, with Winterport Ferry Co., Inc. fox the purpose of providing cruise e e boat services on the Penobscot River. Said cruises shall depart from and return to City - owned lower float dock which shall be used by Winterport Ferry Co., Inc. only for the purpose of the loading and unloading of passengers. 89-24] 080EN In City Council June 12,,1989 Title, Authorization to execute Agre went exceed 49111090,A� winter . r�ry co. Inc. ..................................... City Clerk - 9"ud4,e Aeeit ' rw d ro Councilman 89-247 AGREEMENT This Agreement dated this day of , 1989, by and between Winterport Ferry Co., Inc. (here na t�l-1e—dthe 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 irk citizens and the general public; and WHEREAS, the Operator has proposed to operate the M/V Julie 1 from the lower City dock; 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 The City agrees to permit Operator to use the lower float dock at Bangor Landing. Operator agrees to operate a cruise boat during the periods c ing on June 15, 1989 and ending on October 31, 1989 inclusive. During said period, Operator shall provide cruises in accordance with awritten 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 is expressly understood by the parties hereto that this Agreement does 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 October 31, 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 one Dollar ($1.00) per paying passenger per cruise. The fee for each cruise shall be paid in full to the City of Bangor Harbor Master prior to each cruise. Operator shall use c and occupy said lower float dock for the purpose of docking its cruiseboat, 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 occurrence. Operator shall not use or occupy said dock in any manner which violates any law or regulation 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, or if said dock 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 or 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 iT'33i`,I& The City shall permit cruise boat customers use of the Bangor Landing parking lot and adjacent street areas on an equal basis with s the general public. It i 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 dock area and grounds immedi- ately adjacent thereto after each cruise. The Operator shall provide for its own trash removal. ARTICLE IV USE AND OCCUPANCY Operator shall use c and occupy said lower float dock for the purpose of docking its cruiseboat, 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 occurrence. Operator shall not use or occupy said dock in any manner which violates any law or regulation 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, or if said dock 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 or 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 iT'33i`,I& The City shall permit cruise boat customers use of the Bangor Landing parking lot and adjacent street areas on an equal basis with s the general public. It i 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 dock area and grounds immedi- ately adjacent thereto after each cruise. 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 file 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 o arising out of r Operator's cruise boat operations; and shall desgnte the City as 'Ross payee"for all claims arising out of any such damage to City - owned property. ARTICLE VIII INDEMNIFICATION The Operator shall indemnify and hold the City, its inhabitants, employees and agents, forever harmless from and against all liability, loss c 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 onission of negligence or c other misconduct in or about said lower float dock or pursuant to the operation of the cruise boat. In granting the rights and privileges contained in this Agreement, the City does not assume any responsibility for any loss or damage to the cruise boat orother property of the Operator, its owners, guests, invitees or employees. ARTICLE % CHANGE IN USE It is expressly understood that no change in use or any additional uses of said dock 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 Is CITY NOT LIABLE In granting the rights and privileges contained in this Agreement, the City does not assume any responsibility for any loss or damage to the cruise boat orother property of the Operator, its owners, guests, invitees or employees. ARTICLE % CHANGE IN USE It is expressly understood that no change in use or any additional uses of said dock 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 XI RELOCATION The City may in its sole discretion, upon twenty-four (24) hours written notice to the Operator, relocate the cruise boat operation to pother location within the immediate area, vv said area being down river from the Joshua Chamberlain Bridge and upr r from the southerly line of property formerly owned by Coal Energy of Maine. ARTICLE XII 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 XIII DEFAULT, TERMINATION If the Operator fails to provide cruise boat service in accordance with the schedule referenced in Article I during the contract period or fails to pay the rental fees inaccordance 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 XIV NOTICES All notices provided under this Agreement shall be in writing and shall be sent by registered mail, return receipt requested, and addtessed as follows: To the City of Bangor: City Manager Bangor City Hall 73 Harlow Street Bangor, Maine 04401 To WinterpOrt Perry Co., Inc.: Jeff Kaolin, President P. o. Box 292 Winterport, Maine 04496 ARTICLE %V This Agreement and the rights and duties hereunder may not be assigned, sublet, delegated, or otherwise transferred by the Operator 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 oreontrol of the Operator's daily operations shall constitute a transfer prohibited under this Agreement without the prior expressed written consent of the City. ARTICLE %VI INTEGRATION This Contract constitutes the total Agreement between the parties for cruise boat services operating out of the Port of Bangor. 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 WINTERPORT FERRY CO., INC. By Jeff Kaolin President STATE OF MAINE Penobscot, as. June , 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 Painted Name