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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