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HomeMy WebLinkAbout1984-06-25 84-249 ORDER84-249 Introduced by Councilor Cox, dura 25, 1984 CITY OF BANGOR * I (TIRE.) Maher Authorizing the. City Manager. to Bites. into an Agreemeat with Scott Footman Cruise Boat Operation on the Penobscot River __. ....... ......... ... .... ...... By Bu O(ty Cornell of City ofBaayor: ORDERED, THAT the City Manager be and hereby is authorized to execute the attached Agreement with Scott Footman of Brewer, Maine for providing sailboat cruise service on the Penobscot River, including the use of the public dock, during the 1984 season. 84-249 ORDER IN CITY COUNCIL June 35, 1984 T"1tle, Passed. ' AYMai ii in the Cit I@naga to Enter into .u..-.......9........X................ AINJE M .. Agreement Nitu... Scott Footma......n . Cruise .. ... ..... ... .. ... ....... ....... Bwt'O eratiw on Ete Penobscot River ntroduced by Councilmen JXl 21 P3 45 g�- "I iOfi jvci) FW.I raIW THIS AGREEMENT, dated this day of 1984, by and between. Scott Footman, of Brewer, 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 toas the "city"), W I T N B 8 S E T H: WHEREAS, the Operator desires to offer sailboat cruises an 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 Bangor owns and maintains a municipal docking facility located adjacent to front Street in said City of Bangor; and WHEREAS, the City recognises the benefits to its citizens and businesses if sight-seeing cruises are made available an the Penobscot River; NOW, THFREFOBE, 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 a sailboat, the Osprey, only for the purposes of loading and unloading of passengers from June 25th through October 30th, six times per week, an the basis of a schedule to be submitted and approved in writing by the City Manager. 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 property damage insurance in the total amount of at least $100,000.00. 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 reault of his use of said docking facility. -1- 4. It is understood that the dook 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, end 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 horsing the City does not assume any responsibility for loss or damage by thefts fire, vaadalismg Act of Gods or other cause to the Osprey or other property of amid Operator, his guests% invitees or employees. 6. The Operator agrees to pay to the City the monthly fee of $25.00 for the rights described in Paragraph 1. y. It is understood and agreed that this Agreement shall remain in full force and effect for the 1984 season, 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 of this Agreements 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 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. -2- 10. In the event that the Operator shall not provide service during any of the aforementioned seasons, or shall otherwise be in default under this Agreement, than the City, in its sole discretion, may terminate this Agreement upon written notice to the Operator. ll. All notices provided under this Agreement shall be made as Follows, To the City of Bangor: City Manager 73 Barlow Street Bangor, Maine 04401 To Scott Footman: 88 Washington Street. Brewer, Maine 04412 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. Witness -3- CITY OF BANGOR By Its City Manager