Loading...
HomeMy WebLinkAbout1985-10-16 85-349 ORDER85-349 Introduced by Councilor Cm, October 15, 1985 w_ CITY OF BANGOR (TITLE) (Orba,—Autharization to Execute Agreement - Pemcb t Bay.Line z I By fpe City CoynuvT of the Ctty of Beazer: ORDERED, THAT WHEREAS, the City of Bangor in March of 1984 invited Proposals for the operation of cruise boat services n the Penobscot River utilizing facilities owned or to be acquired by the City of Bangor; and WHEREAS, the City of Bangor r n received one proposal i response to the solicitation for proposals, 1 which response was from Penobscot Bay Lines, Inc.; and WHEREAS, the existing Agreement by and between the City of Bangor and Penobscot Bay Lines, Inc. contains a provision that the City agrees to negotiate a minimum five (5) year contract with Penobscot Bay Lines, Inc. before November 1, 1985 and if such negotiations do not result in a mutually acceptable Agreement the existing Agreement shall automatically terminate on December 31, - 1985; and 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 that Penobscot Bay Lines, Inc. has demonstrated its capability to provide adequate and suitable cruise boat service to the public; and WHEREAS, any agreement between the City of Bangor and a cruise boat operator for use of dock facilities funded through the Maine Bureau of Parka and Recreation requires -the 'Bureau's approval; NOW,. THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT subsequent to receiving the approval of the Maine Bureau of Parks and Recreation, the City Manager is hereby authorized to enter into and execute, on behalf of the City of Bangor, an. Agreement with Penobscot Bay Lines, Inc., a copy of which Agreement is on file in the Office. of the City Clerk. INCITYCOUNCIL On taken 16, 1985 -Passed, by tba folly ing yea and no votes. Councilors voting yes: Brown, Cox, Davis. F[ankel, NCCarthy, Wheeler and Willey. C liar voting no Tilley. M;4 L91TY CLWNP 65-349 ORDER Title, AutTo[i[a t ion, to.ecyt2 �[eemen t Penobscot Bay Lines, 'Inc. ............................... In'tro 7d by (/ Councilman nim 1�n O w w Bangor, the center of Mahw¢ the Coteany to Maimi North Woods and Smshose Rama; MEMORANDUM TO: City Council October 11, 1985 FROM: Rodney McKay, Director Of Planning and Community Development SUBJECT: Proposed Agreement- Penobscot Bay Lines, Inc. Council Order 65-349 Attached is a copy of the proposed Agreement between the City and Penobscot Bay Lines, Inc. which has been reviewed by the Legal Depart- ment, City Engineer/Harbor Master, City Manager and the Finance Com- mittee which voted unanimously on October 9th to recommend its approval to the CityCouncil. The present Agreement approved by the City Council (Order 85-151 passed March 25, 1984) provides for an annual fee of $1,500 and in paragraph 11 states: 11. Before November 1, 1985, the City agrees to negotiate a minimum five (5) year contract with the Operator to provide the same or similar cruise boat services operating out of the part of Bangor and utilizing the same similar facilities provided by the City, the location of which to be determined by the City. If such negotiations do not result in a mutually acceptable arrangement, this contract shall automatically terminate on December 31, 1985. The process of attempting to establish a recommended fee schedule included contacting other communities operating municipal dock facilities for information onmfees charged. As you can see from the information attached, I found no real comparable situation. The most comparable situation is probably the City of Portland which charges fishing vessels $3 per foot per month for use of its fish pier. This fee basis would indicate that the Mt. Katandin with an 110 foot length should be paying $330/month or $1,650 for a five month annual usage period. HOzmYaM.CAY CITY HALL M.. BANGOR. MAINE mmi JOHN 1, LORE .Er..o„9.,�,., "'""'" OUT... BIitp of angor, Anim MEMORANDUM TO: City Council October 11, 1985 FROM: Rodney McKay, Director Of Planning and Community Development SUBJECT: Proposed Agreement- Penobscot Bay Lines, Inc. Council Order 65-349 Attached is a copy of the proposed Agreement between the City and Penobscot Bay Lines, Inc. which has been reviewed by the Legal Depart- ment, City Engineer/Harbor Master, City Manager and the Finance Com- mittee which voted unanimously on October 9th to recommend its approval to the CityCouncil. The present Agreement approved by the City Council (Order 85-151 passed March 25, 1984) provides for an annual fee of $1,500 and in paragraph 11 states: 11. Before November 1, 1985, the City agrees to negotiate a minimum five (5) year contract with the Operator to provide the same or similar cruise boat services operating out of the part of Bangor and utilizing the same similar facilities provided by the City, the location of which to be determined by the City. If such negotiations do not result in a mutually acceptable arrangement, this contract shall automatically terminate on December 31, 1985. The process of attempting to establish a recommended fee schedule included contacting other communities operating municipal dock facilities for information onmfees charged. As you can see from the information attached, I found no real comparable situation. The most comparable situation is probably the City of Portland which charges fishing vessels $3 per foot per month for use of its fish pier. This fee basis would indicate that the Mt. Katandin with an 110 foot length should be paying $330/month or $1,650 for a five month annual usage period. The Harbor Master of Northeast Harbor, which the Mt. Katandin has sited on charter cruises, suggested that Northeast Harbor would and the City of Bangor should expect an annual fee of from $1,500 to $2,000 for u of its facilities by the Mt. Katandin as proposed in the Agreement• A reasonable and recommended basis for the annual fee would be to rcover the City's cost of the floating dock system over the expected lifev of its components. The floating docks at a cost of $31,900 have an estimated life expectancy of at least 15 years and the gangway and stiff am assembly at a cost of $6,200 have an indefinite life expec- tancy but could reasonably be assigned 30 years. on this basis the City should recover $2,333 each year, $11,666 over 5 years, and $23,334 over 10 years. The negotiated proposed Agreement (see Exhibit B) would provide $12,300 over 5 years and $35,475 over 10 years which more than covers the $31,900 cost of the floats with a 15 year life expectancy (by 1118) and the excess of $3,575 provides 588 of the cost of the gangway and stiff arms with an indefinite life expectancy. The President of Penobscot Bay Lines, Inc., Frank Foss, has agreed to the terms of the Agreement, including the annual fee schedule, and has requested a minimum ten year term as proposed in Section 2. of the Agreement. Since the floating dock system received funding through the Maine State Bureau of Parks and Recreation,that agency's review and approval of the Agreement prior to its execution by the City Manager is required. RGM/lg Attachments: AS AGREEMENT This Agreement dated this _ day of , 1985, by and between Penobscot Bay Lines, Inc. (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 n the Penobscot River is in the interests of its citizens and the general public; and WHEREAS, the Operator has demonstrated its capability to provide adequate and suitable cruise boat service to the public under the terms of an existing Agreement dated March 29, 1985, which is to expire no later than December 31, 1985, NOW, THEREFORE, the Operator and the City, in consideration of the mutual covenants hereinafter set forth, agree as follows: PREMISES 1. The City agrees to furnish, install, maintain and remove annually a floating dock system with gangway on the Penobscot River at the waterfront park known as Bangor Landing, located on Front Street n Bangor, and identified a "Cruise Boat Dock" on Exhibit A attached, to be used by the Operator for the operation of a cruise boat for docking, loading and unloading of passengers from May 15th through June 30th and from September let through October 30th, four to ten times each week; and from July let through Labor Day, twenty times each week on the basis of a schedule to be submitted to and approved in writing by the City Manager prior to May let of each year during the term of this Agreement. TERM 2. It is understood and agreed that this Agreement shall remain n full force and effect for a period of five (5) years commencing upon the execution of this Agreement. If the Operator exercises and performs all of its duties and obligations under this Agreement, the Operator shall have the option to extend this Agreement and all of its terms and conditions for an additional five (5) years, upon giving written notice to the City Of this intention no less than sixty (60) days before the expiration of the initial five (5) year term. RENT 3. 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 annual fees in accordance with Exhibit B attached, on or before the dates listed in Exhibit B. OFFICE 4. The City shall permit the Operator to maintain aoffice for the purpose of administering the cruise boat operation and the selling of tickets within the Front Street right-of-way, as shown on Exhibit A attached. The type of structure used for an office shall be subject to City approval.. PARKING 5. The City shall permit cruise s e boat customer u of the parking lot and adjacent street areas o equal basis with the general public, except for six parking spaces indicated as "Permit - Parking" a shown on Exhibit A attached, and other portions of the Front Street right-of-way as may be regulated by the City. WATER 6. The City shall permit the use of, and pay for, City water service to the dock, for use only by the Mt. Katandin cruise boat. REST ROOMS ]. The City agrees to share the use of the public rest rooms as shown on the attached Exhibit A. POWER B. The City shall permit the Operator to install an under- ground power cable and receptacle, at a location approved by the Harbor Master, to provide power to the cruise boat, as well as a receptacle for the Operator's office, the power to be on a separate meter to be provided and paid for by the Operator. CLEAN-UP, REPAIR 9. The Operator shall be responsible for the general daily clean-up of the area after each cruise and shall also be responsible for any damages to Cityproperty that can be directly attributable to the cruise boat operation. The Operator shall provide for its own trash removal. INSURANCE 10. The Operator shall keep in force comprehensive public liability and property damage insurance in the amount of at least $300,000. Prior to May 1st of each year that this Agreement shall remain ieffect, the Operator shall file with the City Purchasing Agent a Certificate of Insurance showing this comprebensive insurance coverage. LAWS, ORDINANCES, RULES AND REGULATIONS 11. The Operator shall be in conformance at all times 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 12. The Operator shall indemnify and save the City harmless from all claims that may arise as a result of the operation of the cruise boat. CITY NOT LIABLE 13. In granting the rights and privileges contained in this Agreement, the City does not assume any responsibility for any loss or damage to the Mt. Katandin or other property of the Operator, its owners, guests, invitees or employees. CHANGE IN USE 14. It isexpressly understood that n change in use or any additional u of the waterfront docking facilities shall be made by the Operators without obtaining prior written approval of the City, and any approval may be contingent upon the renegotiation of the annual fee, in the City`s sole discretion. RELOCATION 15. The City may in its sole discretion, upon thirty (30) days written notice to the Operator, relocate the cruise boat operation to pother location within the immediate area, said area being down river v from the Joshua Chamberlain Bridge and upr r from the southerly line of property now owned by Coal Energy of Maine. INSTALLATION OF DOCKS 16. The City may delay the annual installation of the docks if, in the opinion of the Harbor Master, river flow conditions are exces- sive at the regular time for installation, and may suspend u of the dock by the cruise boat at any time that river flow conditions are considered by the Harbor Master to be excessive, and may result in un- safe conditions for the public or may cause damage to the docking facility. Under such conditions, the Operator agrees to make alter- nate arrangements for docking of the cruise boat. OTHER CRUISE BOAT SERVICE 17. 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. DEFAULT, TERMINATION is. If the Operator fails to provide cruise boat service at least four times weekly on a continuous basis during the contract period or fails to pay the rental fees on the dates provided i Exhibit B attached, 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. NOTICES 19. 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 241 Bangor, Maine 04401. 20. This Agreement and the rights and duties hereunder may not be assigned, sublet, delegated, or otherwise transferred by the Operator inwhole o n 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 a transfer prohibited under this Agreement without the prior expressed written consent of the City. INTEGRATION 21. This Contract, including Exhibits A and B attached, con- stitutes the total Agreement between th2 parties and supersedes any previous Agreement between the City and the Operator 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 Witness Sohn W. Flynn City Manager PENOBSCOT BAY LINES, INC. By Capt. Frank H. FOSS President .a,., 61 Alllf 0 �"IViltilg ivl'W'livaa^.3a w { avol scInA7 � iI 9ronLl I Nava s.o veal Northeast Harbor Proposed 1986 Fee Schedule Passenger/tour boats (allowed to tie up only while loading or unloading) Passenger Capacity Fee 0-6 passengers $250/year 7-49 passengers $500/year 50 or more passengers $1,000/year Winter Float Rates (From October let to May 1st) A. 0 to 45 ft. Resident $ 75.00 a month Nonresident $100.00 a month B. 45 to 65 ft. Resident $100.00 a month Nonresident $125.00 a month C. 65 ft. or over Resident $175.00 a month Nonresident $225.00 a month Boothbay Harbor All cruise/tour boats operate off private docks usually owned by cruise boat operator. Portland All cruise/tour boats operate off private docks. Bi Millo•s charge $2.25 to $2.50/foot/month for tour boats. City charges fishing vessels $3.00/foot/month for use of fish pier. •Includes electricity, water, use of Town floats, use of 4 town moorings, and is prime location •' 0 - 8 passengers CAMDEN HARBOR RATES $437 9 - 16 " (25% 1981 1982 1983 1984 1985 Suggested 1986 Finger Floats $ 75 $ 75 g 75 $ 80 $ 100 $ 150 Moorings 10 15 15 20 25 35 Dinghy 5 5 5 5 10 10 Cruise Boats 200 220 220 250 350 see below• Schooners Angelique 300 375 600 650 750 1,000 Mary Day 300 375 600 650 750 1,000 Stephen Taber 300 375 600 650 750 1,000 •Maine Windjammer 1,800 21100 2,520 2,675 3,000 4,500 Cruises (3 boats) Seasonal Schooner -- -- -- -- 375 500 Berths Overnight Dockage -- -- __ __ 500/(t. •Includes electricity, water, use of Town floats, use of 4 town moorings, and is prime location •' 0 - 8 passengers $437 9 - 16 " (25% higher) 524 17 - 24 (258 higher) 655 25 - 32 (258 higher) 818 10.10 REVISED 2-19198.5 TOWN OF RAR HARBOR HARBOR FACILITIES FEE !SCHEDULE 'l l1'E Of IVA I IRCRdF1' IY Imr], DingFyI S10.1X14Sli k" ullx I..oridol Lp till lbvip Duilp'AlwrrinX fiv S10.IN1(jm1, L5 ur9rpi_L'p 5500"Ilrr li v.S-0:ry twill luny I"in Sq'i 15 1'ia Op ^ Fill and in Flints Mal 11'.Om 31 S9."0 Bin"I'llughl- W,01)minimmn Soy.1 m Ali, 31) S" 'OF rr'ridvnl SIG Nrt inn-¢�iAnu I (:min'S6i1n 3200 Oil p,'r day CLmiu BnnP 551000 pp n fill mor, Or Sig &ty 5250.1011 pt r rnamn (nr eix it I'm +IxmvOil n nr 5111 (1111 Loun.Bing Foy SP:H)(in end oin vmv d:pl Adnpml2 111 Xi Effl 2 19 0.5 10.10 AGREEMENT This Agreement dated this day of , 1985, by and between Penobscot Bay Lines, Inc. (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 Operator has demonstrated its capability to provide adequate and suitable cruise boat service to the public under the terms of an existing Agreement dated March 29, 1985, which is to expire no later than December 31, 1965, NOW, THEREFORE, the Operator and the City, in consideration of the mutual covenants hereinafter set forth, agree as follows: PREMISES 1. The City agrees to furnish, install, maintain and remove annually a floating dock system with gangway on the Penobscot River at the waterfront park known as Bangor Landing, located on Front Street n Bangor, and identified as 'Cruise Boat Dock" on Exhibit A attached, which may he used by the Operator for the operation of a cruise boat for docking, loading and unloading of passengers from May 15th through June 30th and from September let through October 30th, four to ten times each week; and from July let through Labor Day, twenty times each week on the basis of a schedule to be submitted to and approved in writing by the City Manager prior to May 1st of each year during the term of this Agreement. 2. It is understood and agreed that this Agreement shall remain n full force and effect until January 1, 1991. If the Operator axercises and performs all of its duties and obligations under thisAgreement, the Operator shall have the option to renew this Agreement and all of its terms and conditions for an additional five (5) years, upon giving written notice to the City of this intention no less than sixty (60) days before the expiration of the initial five (5) year term. Any renewal shall be subject to approval of the State of Maine Bureau of Parks and Recreation. RENT 3. In consideration for the use of the facilities as described above and for the eights further described in this Agreement the Operator agrees to pay the City annual fees in accordance with Exhibit B attached, on or before the dates listed in Exhibit B. OFFICE 4. The City shall permit the Operator to maintain an office for the purpose of administering the cruise boat operation and the selling of tickets within the Front Street right-ef-way, as shown an Exhibit A attached, but there shall be no cruise boat office, trailer, or signs on Waterfront Park grounds. The type of structure used for an office shall be subject to City approval. PARKING 5. The City shall permit cruise boat customer use of the parking lot and adjacent street areas on an equal basis with the general public, except for srx parking spaces indicated a 'Permit Parking" a shown on Exhibit A attached, and other portions of the Front Street right -Of -way as may be regulated by the City. It is expressly understood that all parking shall be on a public basis, and o City parking areas shall be specifically reserved for cruise boat use. WATER 6. The City shall permit the use of, and pay for, City water service to the dock, for use only by the Mt. Katandin cruise boat. REST ROOMS J. The City agrees to share the use of the public rest rooms as shown on the attached Exhibit A. POWER 0. The City shall permit the Operator to install an under- ground power cable and receptacle, at a location approved by the Harbor Master, to provide power to the cruise boat, as well as a receptacle for the Operator's office, the power to be on a separate meter to be provided and paid for by the Operator. CLEAN-UP, REPAIR 9. The Operator shall be responsible for the general daily clean-up of the area after each cruise and shall also be responsible for any damages toCity property that can be directly attributable to the cruise boat operation. The Operator shall provide for its own trash removal. INSURANCE 10. The Operator shall keep in force comprehensive public liability and property damage insurance in the amount of at least $300,000. Prior to May 1st of each year 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 he carried by responsible companies satisfactory to the City. LAWS, ORDINANCES, RULES AND REGULATIONS 11. The Operator shall be in conformance at all times 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[u ise boat out of the Port of Bangor and on the Penobscot River. INDEMNIFICATION 12. The Operator shall indemnify and save the City harmless from all claims that may arise as a result ofthe operation of the cruise boat. CITY NOT LIABLE 13. In granting the rights and privileges contained in this Agreement, the City does not assume any responsibility for any loss or damage to the Mt. Katandin or other property of the Operator, its owners, guests, invitees or employees. CHANGE IN USE 14. It is expressly understood that n e [ change in a any additional uses of the waterfront docking facilities 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 annual fee, in the City's sole discretion. RELOCATION 15. The City may in its sole discretion, upon thirty (30) days written notice to the Operator, relocate the cruise boat operation to another location within the immediate area, said area being down river v from the Joshua Chamberlain Bridge and up river from the southerly line of property now owned by Coal Energy of Maine. In any event, the cruise boat operations shall move to an alternate site within six months of the City's acquisition of any property which, in the opinion of the Harbor Master and the State of Maine Bureau of Parks and Recreation, is suitable as an alternate site. INSTALLATION OF DOCKS 16. The City may delay the annual installation of the docks if, n the opinion of the Harbor Master, river flow conditions are exces- sive at the regular time for installation, and may suspend use of the dock by the cruise boat at any time that river flow conditions are considered by the Harbor Master to be excessive, and may result in un- safe conditions for the public o may cause damage to the docking facility. Under such conditions[ the Operator agrees to make alter- nate arrangements for docking of the cruise boat. OTHER CRUISE BOAT SERVICE 17. 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. DEFAULT, TERMINATION 10. If the Operator fails to provide cruise boat service at least four times weekly on a continuous basis during the contract period or fails to pay the rental fees on the dates provided i Exhibit B attached, 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. NOTICES 19. 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. 0. Box 241 Bangor, Maine 04401. TRANSFER 20. This Agreement and the rights and duties hereunder may not be assigned, sublet, delegated, or otherwise transferred by the operator in whole o n part, to any third party without prior written consent ofthe City, and any attempted transfer without such prior written consent shall be void. A transfer of a majority of the stock n the Operator or control of the Operator's daily operations shall constitute a transfer prohibited under this Agreement without the prior expressed, written consent of the City. INTEGRATION 21. This Contract, including Exhibits A and B attached, con- stitutes the total Agreement between the parties and supersedes any previous Agreement between the City and the Operator for cruise boat services operating, out of the Port of Bangor. STATE APPROVAL 22. This Agreement shall not be executed until it has been reviewed and approved by the State of Maine Department of COnSOrva- tion, Bureau of Parks and Recreation. IN WITNESS HEREOF, the parties hereto have set their hands and seals the day and year first above written. CITY OF BANGOR By John W. Flynn City Manager PENOBSCOT BAY LINES, INC. By Capt. Frank H. Foss President ANNUAL FEES 1991 4,075 Payment Due 00 Or Payment Due on or 1992 4,375 Before Hay 15th Before August lst Year Total Due Of Each Year Of Each Year 1986 $2,100 $1,050 $1,050 1987 2,100 11050 1,050 1988 2,400 1,200 1,200 1989 2,700 1,350 1,350 1990 3,000 11500 1,500 1991 4,075 2,038 2,037 1992 4,375 2,188 2,187 1993 4,675 2,338 2,337 1994 4,875 2,438 2,437 1995 5,175 2,588 2,587 EXHIBIT B wew.h1t�4 MEMORANDUM October 11, 1985 TO: City Councilors FROM: Arthur Rosford, Assist. City solicitor RE: Waterfront Dock Lease Enclosed please find a revision of the Waterfront Dock Lease Agreement that is in your packet. After I drew up the original Agreement, some conditions imposed by the state Department of Conservation came to my. attention. I have revised the Agreement. Please disregard the versioq.contained in your packet. Thank you, ^ rchur Os cr