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HomeMy WebLinkAbout1983-11-28 84-36 ORDER99-36 Introduced by Councilor Con, November 26, 1993 CITY OF BANGOR QIR6) y�iY�£C�..... _A.Vthar]sing City Manager_ toS Snouts = AgreemeRt...with Penobscot Bay Lines - Use of Municipal Docking Facility BY tbo City Ceun i! of l Cure of Bowan: ORDERED, THAT the City Manager be and hereby is authorised and directed, an behalfofthe City of Bangor, to e"oute an Agreement with Penobscot Bay Lines providing for use of the new municipal docking facility on Front Street for purposes of operating a cruise boat, the MY Mt. Katandin, a copy of said Agreement being on file in the office of the City Clerk. In City Council November 28,1983 O R D E R Consider next meeting ntle, Authorvaing City Namager to Rxecute car C 'Ey Clerk Agreement with Penobscot Day Lines Use of .......1.4............................ CY Wundoipal Dooking Facility nxrodwe by _ In Ciey Council December 12,1983 Passed ..... ........ .a .. Co oilmen tY Cler / 84-36 AGREEMENT THIS AGREEMENT, dated this day of 1983, by and between PENOBSCOT BAY. LINES, INC., a body corporate having a place of business in Rockland, Maine (hereinafter referred to as "Penobscot"); and CITY OF BANGOR, a municipal corporation (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, Penobscot desires to operate a cruise boat, the M.V. Mt. Katandin on the Penobscot River during the spring and fall seasons; and - WHEREAS, Penobscot requires suitable docking facilities for the loading and unloading of passengers; and WHEREAS, the City is presently constructing a new municipal docking facility located adjacent to Front Street in said City of Sanger; and WHEREAS, the City,recognizes the benefits to its citizens and businesses if sightseeing cruises are made available on the Penobscot River, NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. The City agrees that Penobscot may use said dock, at its own risk, only £or ,:the following purposes: [a] loading and unloading of passengers from May 15 through June 30; and from September 1 through October 30, 14 times each week, on the basis of a schedule to be submitted and approved in writing by the City Manager prior to May 1 of each spring s and August 15 of each fall season (b] loading and unloading of passengers for unscheduled cruises; provided that said cruises do not unreasonably inter- fere with other scheduled uses of the docking facilities, and further provided that priornoticeof said unscheduled u8e is received by the City from Penobscot; (c] overnight docking of the M.V. Mt. Katandin by Penobscot, provided, however, that such overnight docking does not unreasonably con- flict with other uses of the docking facility; and provided that prior notice of such use Is given by Penobscot to the City. 2. Upon the execution of this Agreement, Penobscot shall file with the City Manager a Certificate or Certificates of Insurance evidencing comprehensive public liability and property damage insurance in the total amount of at least $300,000.00. Said insurances shall specifically provide coverages for any liability incurred by Penobscot for damages to the docking facility as a result of Penobscot's exercise of the rights and privileges granted hereunder. 3. Penobscot shall save the City harmless £mm all claims of personal injury or property damage by all persons which may arise as a result of its use of said docking facility. 4. By the granting of the rights and privileges contained herein, the City does not assume any responsibility for loss or damage by theft, fire, vandalism, Act of cod, or other cause to the M.V. Mt. Ratandin or other property of Penobscot, its owners, guests, invitees or employees. 5. Penobscot agrees to pay to the City the following fees and charges: [a] an annual fee of Five Hundred Dollars 1$500.00) for the rights described in Paragraph 1[a] above; Two Hundred Fifty Dollars ($250.00) being payable on May 15 and Two Hundred Fifty Dollars ($250.00) being payable on September 1 of each calendar year; [b] a charge of Twenty-five Dollars ($25.00) per cruise for the use of said facility pursuant to Paragraph 1[b] above; [c] a daily charge of Forty Dollars ($40.00) per night for each overnight use of the docking facility as authorized in Paragraph 1[c] above. 6. It is understood and agreed that this Agreement shall remain in full force and effect for a period of three (3) years, to wit: 1983, 1984 and 1985. At the end of the initial term hereunder, provided that this Agreement has not been terminated, the City shall solicit proposals from the public for expanded use of said docking facilities. Penobscot shall have the option to continued use of said docking facilities for an additional period of three (3) years, to wit: 1986, 1987 and 1988, provided that it equals or betters any pro- posal submitted by third parties as a result of said solicitation. 7. During the term of this Agreement, or any extension thereof, Penobscot shall have the right of first priority to use _ thedockingfacility during the times authorized for 'cruises under Paragraph lta7 of this Agreement; provided, however,thaC such -use - by Penobscot shall not preclude the use of said docking facilities by ,others for other purposes; nor shall it preclude the use of said docking facilities by other cruise boat operators during times other than those specified in said schedule. 8. The City reserves the right, at its sole discretion, to remove the docking facility if it is later determined to be in the best public interest or public safety to do so; and in such event, this Agreement may be terminated by the City with no further obligation to Penobscot upon written notice. 9. In the event that Penobscot shall not provide service -doting any of the aforementioned seasons, shall otherwise be in default under this Agreement, then the City, in its sole discretion, may terminate this Agreement upon written notice to Penobscot. 10. Allnoticesprovided under this Agreement shall be made s follows: To the City of Bangor: City Manager - 73 Barlow Street Bangor, Maine 04401 To, Penobscot Bay Lines, Inc. P. O. Box 112 Rockland, Maine 04841 11. This Agreement and the rights hereunder may not be assigned or otherwise transferred by Penobscot to any third party without prior written consent of the City. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. PENOBSCOT BAY LINES, INC. By: Witness Its Witness CITY OF BANGOR By: Its