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
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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
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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