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Home My WebLink About1988-05-23 88-253 ORDER88-253 Councilor Va'a } Blanchette VeAvcme/f- Introduced by Councilor , CITY OF BANGOR (TUTEE.) MrUre... Autbo 1 tim to KXemtte A&reeme¢t, Penobscot. Hay Lin a,_Inc. BY Me Citi CosoaW qtW City of B6aow: ;O fl7 d:id01 THAT The City Manager is hereby authorised and directed to enter into an Agreement, on behalf of the City of Bangor, with Penobscot Bay Lines, Inc. for the purpose of providing cruise e boat u services on the Penobscot River. Said c shall depart from and return to City -owned property adjacent tosaid river. 88-253 ORDER IN CITY COUNCIL May 23, 1998 Title, Passed under Suspension of the Rules. Authorization to Execute Agreement C Penobscot Hay Lines, Inc. CITY E ~mac ........................... 4.......... Introduced and filed by Councilman AGREEMENT This Agreement dated this day of , 1988, by and between Penobscot Bay Linea, Inc.-(hereznafter 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 a prior Agreement dated November 27, 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 it is mutually desirable to terminate said prior Agreement and enter into a new Agreement as provided below; and WHEREAS, the Operator has demonstrated its capability to provide adequate and suitable cruise boat service to the public under the terms of prior agreementsby 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 most southwesterly one hundred fifty feet (150') of the existing bulkhead located on the Penobscot River bank of property described i a quitclaim deed of Irving 011 Corp. to the City of Bangor, said deed being dated December 31; 1986 and recorded in the Penobscot Registry of Deeds in Volume 3953, Page 280.Operator agrees to operate a cruise boat during the periods commencing on May 15, 1988 and ending on .lune 30, 1988 inclusive. During said period Operator shall provide cruisesin accordance with a written schedule to be submitted to City by Operator and subject to the written approval of the City Manager. Said cruises shall depart from and return to said bulkhead. ARTICLE II TERM It is understood and agreed that this Agreement shall remain in full force and effect through dune 30, 1988. ARTICLE III 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 twenty dollars ($20.00) per cruise. mse. Said fees shall be paid to the City of Bangor Harbor Master in advance. ARTICLE IV USE AND OCCUPANCY z Operator shall use and occupy said bulkhead 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. Operator shall not use or occupy said bulkhead in any manner which violates any law or regulation of any duly constituted governmental authority. The City shall have at all times the right to go upon and inspect said bulkhead. The parties hereto agree that if during the term of this Agreement said bulkhead shall be destroyed or so damaged by fire, earthquake, flood, or other casualty, or if said bulkhead shall fall into such a state of disrepair due to wear and decay or any other e to make it impractical o reason or cause so a r unsafe for Operator and its ll be to u said bulkhead a contemplated restore herein, the City shall be ondit no obligation to rebuild or restore said bulkhead to its prior condition. ARTICLE V 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 ona public basis, and no City parking areas shall be specifically reserved for cruise boat use. The City shall permit the Operator to install an underground power cable and receptacle, at a location approved by the City Engineer, to provide power to the cruise boat, as well as receptacle for the Operator's office, the power to be o separatemeter to be provided and paid for by the Operator. ARTICLE VII 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 use by its passengers. The Operator shall provide for its own trash removal. ARTICLE VIII 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 r coverage. All i shall be carried by responsible companies satisfactory to the City. ARTICLE IX 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. 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 cused by a act o omission of negligence or other misconduct i about said bulkhead or pursuant to the operation of the cruise boat. _ ARTICLE XI 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 or other property of the Operator, its owners, guests, invitees or employees. ARTICLE XII 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 XIII RELOCATION 4 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, 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 XIV INSTALLATION OF CLEATS 6 ACCESS Operator shall at its onrisk and expense install cleats and make provisions for passenger access to the cruise boat. ARTICLE XV OTHER CRUISE BOAT SERVICE Nothing shall preclude at any time the use of other premises ped by the City by others with the City's permission for alternate cruise boat service. ARTICLE "I DEFAULT, TERMINATION If the Operator fails to provide cruise boat service n accordance with the schedule referenced in Article Iduringthe 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 XVII 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 Frank H. Foss P. O. Box 922 Belfast, Maine. 04915. ARTICLE XVIII 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 constitute atransfer prohibited under this Agreement without the prior expressed written consent of the City. ARTICLE XIX INTEGRATION This Contract, including Exhibit A attached, constitutes the total Agreement between the parties and supersedes and replaces any previous Agreement between the City and the Operator for cruise boat iervices operating out of the Port of Bangor. It is the express nterest of the parties that any and all such prior Agreements, including but not limited to an Agreement dated November 27, 1985 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 , 1988 Then personally appeared the above-named EDWARD A. BARNETT, City Manager, and acknowledged the foregoing instrument to be his free act and deed corporate in his said capacity, and .the free act and deed of said body Before me, Notary Public Attorney at Lav Printed Name