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HomeMy WebLinkAbout1984-02-27 84-100 ORDERIntroduced by Councilor SrnH Feet yary 27, 1989 CITY OF BANGOR (iITLEJ (OTTBT, Authorizing City Manager_to, Execute Agreement with,,, Guy Carmel of Oromo - Dsa of Mimrcipal Dockinp� Facility „ ............. ..__....._ ... ... BY tU City Cuk"OR of Let Oft Of Ranger: ORDERED, TMT the City Manager be and hereby is authorized and directed on behalf of the City of Sanger to execute an Agreement with Guy Carmel of Orono for the use of the new municipal docking facility on Front Street for the purposes of operating a cruise boat, the MY Se Said Pres, a copy of said Agreement being on file in the Office of the City Clerk. 84-100 In City CtbrLil February 27,1984 O R D E R Passed Cbalrumn Willey Abetained Title, City clea'k - A.. .. .. city .... .. to execute Agmeement with Way Carodb of Omro .................. I.............. 4..... use of municipal Docking Facility duced; dd�ft dd,by COOnC1 84-100 AGREEMEHB THIS AGREEMENT, dated this day of 1984, by and between GUY CARMEL, of Orono, County. of Penobscot, State of Maine (hereinafter referred to as the "Operator"), and the CITY OF BANGOR, a municipal corporation located in Penobscot County, State of Maine (hereinafter referred to as the "city"), W I T H E'S S S T H: WHEREAS, the Operator desires to operate a cruise boat, the MV Je Suis Pres, on the Penobscot River during the summer months;_ and WHEREAS, suitable docking facilities for the loading and unloading of passengers will be required; and - WHEREAS, the City of Reagan owns and maintains a municipal docking facility located adjacent to Front Street in said City of Bangor; and WHEREAS, the City recognizes the benefits to its citizens and businesses if sight-seeing cruises are made available on the Penobscot River; NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. The City agrees that the Operator may use said dock, at his own risk, for the landing of the MV Je Suis Pres only for the following purposes: (a) loading and unloading of passengers from May 15th through October 30th, three times per day, seven days per week, on the basis of a schedule to be submitted and approved in writing by the City Manager prior to May let of each spring season;, (b) overnight docking of the MV Je Suis Pres provided, however, that such overnight docking does not unreasonably conflict with other uses of the docking £acility� and provided that prior notice of such use is given by the Operator to the City of Bangor. 2. Upon the execution of this Agreement; the Operator shall file with the City Manager a Certificate or Certificates of Insurance evidencing comprehensive public liability and -1- property damage insurance in the total amount of at least $300,000. Said insurance shall specifically provide coverage for say liability incurred by the Operator for damages to the docking facility as a result of his exercise of the rights and privileges granted hereunder. 3. The Operator shall save the City harmless from all claims of personal injury or property damage by all persons which may arise as a result of his use of said docking facility. 4. It is understood that the dock will be used for the loading and unloading of passengers only, in an expeditious manner, so as not to interfere with the use of the dock by others, and said loading and unloading shall be restricted to the area reserved for 15 -minute tie up. 5. 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 God, or other cause to the Se Suis Pres or other property of said Operator, his guests, invitees or employees. 6. The Operator agrees to pay to the City the annual fee of $250.00 for the rights descried in Paragraph 1 (a), payable prior to Hay 30th of each calendar year, and a daily charge of $15.00 per night for each overnight use of the docking facilities as authorized in Paragraph l (b) above. 7. It is understood and agreed that this Agreement shall remain in full force and effect for the 1984 season, and the Operator will have the option of annual renewal for the 1985 and 1986 seasons, after which the City may solicit bids from other parties who may propose a similar service, using the fee price bid and the level of service to be,provided as a criteria for the selection of a future operator. - 8. During the term of this Agreement, or any extension thereof, the Operator shall have the right of second priority to use the docking facility during the times authorized for cruises under Paragraph 1 (a) of this Agreement, the first priority having been granted to Penobscot Bay Lines, Inc, of Rockland; provided, however, that such use by the Operator shall not preclude the use of said docking facilities by others for other -2- purposes, nor shall it preclude the use of said docking facility by other cruise boat operators during times other than those specified in said schedule. 9: The City reserves the right, at its sole discretion, to remove the docking facility if it is later determined to be in the beat 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 the Operator upon written notice.. , 10. In the event that the Operator shall not provide service during any of the aforementioned seasons, or shall otherwise be on default under this Agreement, then the City, in its sole discretion, may, terminate this Agreement upon written notice to the Operator. 11. All notices provided under this Agreement shall be made as follows: - To the City of Bangor: City Manager 73 Harlow Street Bangor, Maine 04401 To Guy Carmel: 425 College Avenue Orono, Maine 04473 12. This Agreement and the rights hereunder may not be assigned or otherwise transferred by the Operator to any third party without prior written consent of the City. ITT WITNESS WRBREOF, the parties hereto have set their hands and seals the day and year first written above. Witness GUY CARMEL CITY OF BARUOR By Witness . is City Manager