HomeMy WebLinkAbout1984-06-25 84-249 ORDER84-249
Introduced by Councilor Cox, dura 25, 1984
CITY OF BANGOR
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(TIRE.) Maher Authorizing the. City Manager. to Bites. into an Agreemeat
with Scott Footman Cruise Boat Operation on the Penobscot River
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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
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AINJE
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.. Agreement Nitu... Scott Footma......n . Cruise
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Bwt'O eratiw on Ete Penobscot River
ntroduced by
Councilmen
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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.
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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.
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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
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CITY OF BANGOR
By
Its City Manager