HomeMy WebLinkAbout1983-06-13 83-236 ORDER83-236
Introduced by Councilor Soucy, June 13, 1983
CITY OF BANGOR
(TITLE.) (@ri2r, Autho zing Execution of Agreement with Penobscot
Bay.L _ _ Uae f MunAgipal., Docking Facility
By Wo City CnowU of the City ofBaryor.
ORDERED,
TIIAT,the city Manager is hereby authorized and directed, on
behalf of the City of Bangor, to execute an agreement a copy of
which is on file in the office of the City Clerk, with Penobscot
Bay Lines providing for see of the new municipal docking facility
on Front Street for purposes of operating a cruise boat, the
M.V. -Mt. Katandin.
In City Council June 1301983
Refered to public 'uorkoramIttee
0 consider €F ,J, regular meeting
' Ci y Clerk
In City Council dune 27,1983
consider 2nd meeting in duly
G y Clesk
In City Council July 25,1983
Consider next meeting
/
ty Cl
83=236
ORDER
Title, '83 .pin-��
Authoriaznp Erecution, of. A&re�e`;t... GI ; 10.
CITY C'..Ln..
mirk Penobscot Bal lines — Use of
........................... I........
//RWS99CIIpnnall Docking Facility
C�-K�trodused and ed
Cow
In City Council July 2501983
consider next meeting ..
i
y C19r, kV
IN CITY COUNCIL
August 8, 1983
C ides 2nd meeting
�Jien Sepmb
qteer.
Oepd City Clerk
In City Cowoil September 2601983
Indefinitely postponed
AGREEMENT
83-336
THIS AGREEMENT, dated this day of ,
1983, by and between PENOBSCOT BAY LINES, INC., a body corporate
having a place of business in Rockland, Maine (hereinafter referred
to as "Penobscot-); and CITY OF BANGOR, a municipal corporation
(hereinafter referred to as the 'City").
WITNESSETH
WHEREAS, Penobscot desires to operate a cruise boat, the
H.V. Mt. Katandin on the Penobscot River during the spring and fall
seasons; and
WHEREAS, Penobscot requires suitable docking facilities for
the loading and unloading of passengers; and
WHEREAS, the City is presently constructing a new 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 sightseeing cruises are made available on the
Penobscot River,
NOW, THEREFORE, the parties hereto do mutually agree as
follows:
1. The City agrees that Penobscot may use said dock, at
its own risk, only for the following purposes:
[al loading and unloading of passengers
from May 15 through June 30; and
from September 1 through October 38,
8 times each week, on the basis of a
schedule to be submitted and approved
in writing by the City Manager prior
to My 1 0£ each spring season and
August 15 0£ each fall season;
Ib] loading and unloading of passengers
for unscheduled cruises; provided that
said cruises do notunreasonably nably inter- - - -
£ere with other scheduled uses of the
docking facilities, and further provided
that prior notice of said unscheduled use
is received by the City from Penobscot;
to] overnight docking of the M.V. Mt. Katandin
by Penobscot, provided; however, that such
overnight. docking does not unreasonably con-
flict with other uses of the docking facility;
and provided that prior notice of such use
is given by Penobscot to the City.
2. Upon the execution of this Agreement, Penobscot 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 $300,000.00. Said insurances shall
specifically provide coverages for any liability incurred by Penobscot
for damages to the docking facility as a result of Penobscot•s exercise
of the rights and privileges granted hereunder.
3. Penobscot shall save the City harmless from all claims
of personal injury or property damage by all persons which may arise
as a result of its use of said docking facility.
4. 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
M.V. Mt. Katandin or other property of Penobscot, its owners, guests,
invitees or employees.
S. Penobscot agrees to pay to the City the following fees
and charges:
[a] an annual fee of Five Hundred Dollars
($500.00) for the rights described in
Paragraph Mal above; Two Hundred
Fifty Dollars ($250.00) being payable
on May 15 and Two Hundred Fifty Dollars
($250.00) being payable on September 1
of each calendar year;
[b] a charge of Ten Dollars ($10.00) per
cruise for the use of said facility
pursuant to Paragraph 11b] above;
[c] a daily charge of Twenty Dollars
($20.00) per night for each overnight
use of the docking facility asauthorized
n Paragraph 1[c] above; provided, however,
there shall be anadditional charge of Ten
Dollars ($10.00) per night if Penobscot
uses electricity or water in conjunction
with said stay.
6. It is understood and agreed that this Agreement shall
remain in full force and effect for a period of three (3) years, to
wit: 1983, 1984 and 1985. At the end of the initial term hereunder,
provided that this Agreement has not been terminated, the City shall
solicit proposals from the public for expanded use of said docking
facilities. Penobscot shall have the option to continued use of said
docking facilities for an additional period of three (3) years, to
wit: 1986, 1987 and 1988, provided that it equals or betters any pro-
posal submitted by third parties as a result of said solicitation.
7. During the term of this Agreement, or any extension
thereof, Penobscot shall have the right of first priority to use
the docking facility during the times authorized for cruises under
Paragraph 1[a] of this Agreement; provided, however, that such use
by Penobscot shall not preclude the use of said docking facilities by
others for other purposes; nor shall it preclude the use of said
docking facilities by other cruise boat operators during times other
than those specified in said schedule.
S. The City reserves the right, at its sole discretion, to
remove the docking facility if it is later determined to be in the
best 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 Penobscot upon written notice.
9. In the event that Penobscot shall not provide service
during any of the aforementioned seasons, or shall otherwise be in
default under this Agreement, then the City, in its sole discretion,
may terminate this Agreement upon written notice to Penobscot.
10. 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 Penobscot Bay Lines,
Inc. P. O. Box 112
Rockland, Maine 04841
11. This Agreement and the rights hereunder may not be
assigned or otherwise transferred by Penobscot 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 firstwritten above.
.. .. PENOBSCOT BAY LINES, INC........
By:
Witness Its
Witness
CITY OF BANGOR
BY:
Its
AGREEMENT
THIS AGREEMENT, dated this _ day of ,
1983, by and between PENOBSCOT .BAY LINES, INC., a body corporate
having a place of business in Rockland, Maine (hereinafter referred
to as "Penobscot"); and CITY OF BANGOR, a municipal corporation
(hereinafter referred to as the "City").
WITNESSETH:
WHEREAS, Penobscot desires to operate -a cruise boat, the
M.V. Mt. Katandin on the Penobscot River during the spring and fall
seasons; and -
WHEREAS, Penobscot requires suitable docking facilities for
the loading and unloading of passengers; and
WHEREAS, the City is presently constructing a new municipal
docking facility located adjacent to Front Street in said City of
Bangor; and
WHEREAS, the City recognizes—tire tenefits to its citizens
and businesses if sightseeing cruises are made available on the
Penobscot River,
NOW, THEREFORE, the parties hereto do mutually agree as
follows:
1. The
City agrees that Penobscot may use said dock, at
its own risk,
only for the following purposes:
[a]
loading and unloading of passengers
from May 15 through June 30; and
from September 1 through October 30,
8 times each week, on the basis of a
schedule to be submitted and approved -
in writing by the City Manager prior
_
to May 1 of each spring season and
August 15 of each fall season;
[b]
loading and unloading of passengers
for unscheduled cruises; provided that
said cruises do not unreasonably inter-
fere with other scheduledu of the
docking facilities, and further provided
that prior notice of said unscheduled use
as received by the City from Penobscot;
[c7e
rnight docking of the N.V. Mt. Katandin
byPenobscot, provided, however, that such
overnight docking does not unreasonably con-
flict with other uses of the docking facility;
and provided that prior notice of such use
is given by Penobscot to the City.
2, upon the execution of this Agreement, Penobscot 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 $300,000.00. said insurances shall
specifically provide coverages for any liability incurred by Penobscot
for damages to the docking facility as a result of Penobscot's exercise
of the rights and privileges granted hereunder.
3. Penobscot shall save the City harmless from all claims
of personal injury or property damage by all persons which may arise
as a result of its use of said docking facility.
4. 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
M.V. Mt. Katandin or other property of Penobscot, its owners, guests,
invitees or employees.
5. Penobscot agrees to pay to the City the following fees
and charges: -
[a] an annual fee of Five Hundred Dollars
($500.00) for the rights described in
Paragraph 1[a) above; Two Hundred
Fifty Dollars ($250.00) being payable
on May 15 and Two Hundred Fifty Dollars
($250.00) being payable on September 1
of each calendar year;
[b] a charge of Ten Dollars ($10.00) per
cruise for the use of said facility
pursuant to Paragraph lrb) above;
[c] a daily charge of 'Twenty Dollars
($20.00) per night for each overnight
e of the docking facility as authorized
n Paragraph 1[c] above; provided, however,
there shall be anadditional charge of Ten
Dollars ($10.00) per night if Penobscot
uses electricity or water in conjunction
with said stay.
6. it is understood and agreed that this Agreement shall
remain an full force and effect for A period of three (3) years, to
wit: 1983, 1984 and 1985. At the end of the initial term hereunder,
provided that this Agreement has not been terminated, the City shall
solicit proposals from the public for expanded use of said docking
facilities. Penobscot shall have the option to continued use of said
docking facilities for an additional period of three (3) years, to
wit: 1986, 1987 and 1988, provided that it equals or betters any pro-
posal submitted by third parties as a result of said solicitation.
]. During the term 0£ this Agreement, or any extension
thereof, Penobscot shall have the right of first priority to use
the docking facility during the times authorised for cruises under
Paragraph 1[a] of this Agreement; provided, however, that such use
by Penobscot shall not preclude the use of said docking facilities by
others for other purposes; nor shall it preclude the use of said
docking facilities by other cruise boat operators during times other
than those specified in said schedule.
S. The City reserves the right, at its sole discretion, to
remove the docking facility if it is later determined to be in the
best 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 Penobscot upon written notice.
9. In the event that Penobscot shall not provide service
during any of the aforementioned seasons, or shall otherwise be in
default under this Agreement, then the City, in its sole discretion,
my terminate this Agreement upon written notice to Penobscot.
10. 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 Penobscot Bay Lines,
Inc. P. O. Box 112
Rockland, Maine 04841
11. This Agreement and the rights hereunder may not be
assigned or otherwise transferred by Penobscot 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.
PENOBSCOT BAY LINES, INC. __.. _.
By:
Witness- Its
Witness
CITY OF BANGOR
By:
Its