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HomeMy WebLinkAbout1984-06-25 84-250 ORDERM-250 Introduced by Councilor cw:, June 25,1984 CITY OF BANGOR 6oriihe CiManager tB zng.tty anageo xecutAgreement greement with (TITLE.) �T1iBX,-.......uth.. .... .... ....... Reginald Sherman -Cruise Boat Service cm Penobscot River __., By L4 Cita Cannell of We Cita ofBaaa4r. ORDERED; THAT the City Manager be and hereby is authorized to execute the attached Agreement with Reginald Sherman of Breoklin, Maine for providing cruise boat service on the Penobscot River, including the use of the public dock, during the 1984 season. IN CITY COUNCIL June 25, 1984 Passed n // CI1T 1p 84-250 ORDER' . Title, a m Aufhciiz� tfie C'ty Nanegei tc Edecute .Agreement with Reginald ...................................... Sheehan - Cruise Host Service on cPenobscot Rivet -' cooau�cea and k a i j` p'2/ P3 46_ 0lrRECEIgVq[p CI lY CI(pKOF R:T:T-a'II:W49 THIS AGREEKEW, dated this day of 1984, by and between BEGIN SHERMAN$ of Brooklin, County of. Hancock, State of Maine (hereinafter referred to as the "Operator"), and the CITI OF BANGOR, a municipal corporation located in Penobscot County, State of Maine (hereinafter referred to as the "City"), W I T N E 8 a E TH: WHEREAS, the Operator desires to operate a cruise boat, the Lady Nan, 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 Bangor 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 eight -seeing cruises ere 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 leading of the Lady Nan only for the purpose of loading and unloading of passengers from Tune 25th through October 30th, six times par day, seven days per week, on the basis of aschedule to be submitted and approved in writing by the City Manager. I _ 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 8100,000.00. 3. She Operator shall save the City harmless from all claims of personal injury or property damage by all persona which may arise as a result of his use of said docking facility. -1. 4. It is understood that the dock will be used for the loading and unloading of passengers. only, in an expeditious menaer, 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 lose or damage by theft, fire, vandalism, Art of Cod, or other cause to the Lady Ran or other property of said Operator, his guesta, invitees or employees. 6. She Operator agrees to pay to the City the monthly fee of $50.00 for the rights described in paragraph 1. 9. 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 bide 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 authorised for cruises under paragraph 1 of this Agreement, the first priority having been granted to Penobscot Day Linea, Inc. of Rockland; provided, however, that such use by the Operator shall not preblude the use of acid 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 dockingfacility 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 shell 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. 11. All notices provided under this Agreement shall be made as follows: To the City of Bangor: To Reginald Sherman: Oity Manager 73 Barlow street Bangor, Maine 04401 Old County Road N. Brooklin, Maine 04661 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. CITY OF BANGOR By Witness Its Cit7 Manager -3-