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-