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 „
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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
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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
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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
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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