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