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Home My WebLink About2002-09-23 02-355 ORDERItem No. 02-35e Date: September 23. 2002 Item/Subject ORDER, Authorizing Execution of Snowmobile Trail Use Permit-- Paul Bunyan Snowmobile Club Responsible Department: Legal/ Petits &Recreation Commentary: In 1999 the Paul Bunyan Snowmobile Club entered Into a Snowmobile Trail Use Permit with the Clry for use of City property to establish and maintain snowmobile trails. This Agreement expired on lune 30n of this year. The purpose of this Order would renew the permit for another three years. The Business & Economic Development Committee recommended approval of the Permit at its September 170 meeting. Manager's Comments: City Manager Information: Order, Permit Finance Director Clry Solicitor Introduced for Ctf+er- x Passage _ First Reading Page _1,_ of —7— Referral Referral 02-355 F� Assignedto Councilor Paleer Septesber 23, 2002 CITY OF BANGOR CMLE.) ORDER, Autborizing Execution of Snowmobile Trail Use Permit -- Paul Bunyan Snowmobile Club By the City Council ofthe City of Bangor: ORDERED, THAT the City Manager is hereby authorised and directed, on behalf of the City of Prager, to execute a Snowmobile Trail Use Permit. A copy of said Permit is attached to this Order and is incorporated herein by reference. m cin CODHCIL $ePteaber 23. 2002 Passed 2EncE s: #02-355 ORDER (TITLEJ butboriaivg Hsaaation of saoe.obue @f al Hae Pewit - Peul Huvyav Slormobile Club Fesignedto Councilor jn v� V SNOWMOBILE TRAIL USE PERMIT 6�'WL AGREEMENT made this j12 dayof September, 2002byandbetvsam: The CITY OF BANGOR, abody politic and corporate duty organized and existing under and by virtue of the laws of the State of Mame and located in Penobscot County, Maine (hereinafter sometimes refereed to as the "Pennittm') and PAUL BUNYAN SNOWMOBILE CLUB, a non-profit organization duty audmrized and existing under the laws of the State of Maine and located in Bangor, Penobscot county, Maine (hereinafter sometimes referred to as the"Permittee') WITNESSETH: WHEREAS, the Permitter is the owner of remain property located in the City of Bangor, CountyofPe mtncsn, State ofMaine; and WHEREAS, the Permittec desires to use property oftbe City of Bangor to establish and maintain a snowmobile mute, NOW, THEREFORE, the parties berate do mutually agree as follows: ARTICLEI PREMISES The Perminor, in consideration for the obligations to be performed by Permittm as hereinafter provided, does hereby permit Permittee, subject to the conditions hereirafter expressed, to establish and maintain a snwwmobile route on property ofPerminor, as appmvd by the City Manager or his desigoee(s). TERM Unless earlier renewed, terminated or surrendered, this Agreement shall remain in effut for a term co hamming on July 1, 20M and ending on June 30, 2005. o2—M5 02-355 ARnCLE III TERMINATION It is covermared and agreed that this Agreement shall immediately terminale upon the sale of the land, or any portion thersof,drat the snowmobile route roma on and through Itis further covenanted and agreed that the Pemircor may upon thirty (30) days' notice terminme this Agreement. It is father covenanted and agreed that the Pemuttor may immediately terminate this Agreement upon any breach of this Agreement or if my member or guest ofPernamee using the srmwmobile route violates any law or regulation of my duly constiMed govermamod authority. ARTICLE IV USE. OCCUPANCY, ANO NIPROVEMENT OF PREMISES Permittee shall use the premises herein only for the purpose of a snowmobile roure. Said srwwmobile route shall be open and available to the general public for snowmobile purposes. The Permitter, its agents or employees, shall at all times have the right to enter upon said snowmobile muse. Permiva is prohibited from cutting any tree that is greater than 1 Y. inches N diameter without the expressed consent of Pernamor. Permittee is prohibited from changing, in any way, the topography of the premises without fust abounding the written consent of the Permitter. Permitter shall not use, occupy or maintain the premises in any mourner so as to knowingly violate any law or regulation of my duly communed governmental authority. Permeate may use all -terrain vehicles or wheeled vehicles on the premises fm the purpose of establishing or maintaining the snowmobile rote. Pemamee shall make no future claims of adverse possession and/or prescriptive use by the Pertmune of the premises At the c pimtion of the term of this Permit, Permittee "I remove all markets, signs and any other objects smoking the suowmobile trail. Uses of the snowamobile more shalt m ell times remain on said route and shall not operate snowmobi4s on property ofPermittor off the snowmobile mute. Permittee agrees that Percolator, its agents or employees, shall not be responsible for my injury or damage to persons or equipment using the snowmobile rote. 02-355 Perminee shall establish and maintain that portion of the snowmobile route that is located in the Pronoun's nun's golf worse at such times as determined by the City of Bangor Director of Parks and Recreation or Golf Pro -Superintendent Permittce shall be responsible for making access through the fence located a Bass Park in such a manner, under such terms and conditions and at such a location as shall he determined by the Bass Park Complex Ma ager. ARTICLE V INSURANCE Permittee shall obtain ad provide evidence to Permitter of general liability insurance coverage in a minimum amount of $300,000.00 per claim covering A liability claims raising out of the Permince's use of the premises Penance's liability insurance policies shall rums the Permitter as the primary named ivsurd and shall be vamev as primary insurance coverme mmuance for all claims arising out ofPermiace's use and oceupmcy of the premises. Pemdttee will be deemed an have complied with this Article V if it obtains insurance coverage thorough the State of Maine Snowmobile Trail Liability Insurance Program ARTICLE VI INOEMMFICATION To the fWlest extent permitted by law, Permutes shall indemnify and save harmless the Permitter and Pemdttee's employees and agents from ad against any and all claims by or in behalf of my person(s), foals) or corporations) arising from the use or occupancy of the premises by Pemdtav or by Permidee's agents, employees, members, invitees or any of them, including a l claims by or in behalf ofPearommee's employees or agents for Pemds[ee's use of the premises. For this oroose Permbee herebv expressly waives any and all immmdty from Warren or suit it may otherwise may under tM Maine Workers' (3omoersation Act of 1992. 35-A M R S A 6101 et sin The Maine Charitable Immunity smtme 14 M R SA. 65 158 ad 15AA, or other provisions of law. To flue fullest extern permitted by law, Permittee shell indemnify and save harmless the Permitter, and Permitter's employees and agents from and against any and all claims by or in behalf of my peasants), firm(s) or corporation(s) arising from their use of the premises. ARTICLE V➢ In the use and occupanry of the premises, Permits« shell not in any manner discriminate or permit discrimination against my person or group of persons on the grounds of tome, sex, age, 02-355 religion, color, romoml origin, or physical or mental handicap, or in my other manna prohibited bylaw. ARTICLE VIII CONSTRUCTION The headings appeazing in this Agreement are intended for convenience and reference only, and are not to be considered in coaanuing this Agreement. Nothing contained herein shall be deemed or consnaed by the parties herein, nor by any 'him party, as creasing the relationship of principal and spend or ofpamrership orjoint venture between the parties hereto, it being understood and agreed that neither this Agreement nor any act of the pardes shall be deemed to create any relationship between the parties other thm Permitter and Pennines. ARTICLE a if any term or provision of this Agreement is held be invalid or menforceable, the remainder of this Agro mend shall amt be affected thereby and each other tare and provision of this Agreement shad be valid and enforceable to the fnllest extent permitted by law. ARTICLE X This Agreement contains all of the terms and conditions between the patties hereto and an alteration, amendment or addition thereto shall be valid unless in writing and signed by the party against whom enforcement may be sought. ARTICLE XI WAIVER Failure on the part of the Permitter to complain of my action or non -action on the pan of the Permittee no matter how long the some may continue, shall not be deemed to be a waiver by the Permittor of my of the Permlttee's rights under this Agreement. Funha, no waiver at my time of my provisions of this Ageemea shall be construed at my subsequent time as a waiver ofthesemepmvisiona. TbecrosmtoreppmvalofPamimrtoorofmya onbythe Pernina requarimg the Permitures consent or approval shall not be deemed to waive or tender unnecessary the Penninor's consent or approval to or of my subsequent simile act "e permitter. ARTICLE X11 GOVER GLAW This Agreement shall be governed exclusively by the provisions hereof and by the laws of the State of Maine, as the same may from time to time exist. ARTICLE XIII NOTICES Notices to Pennittor provided for in this Agreement shall be sufficient it sent by certified mail, Postage prepaid, addressed to: Dumber of Parks& Recreation, City of Bangor, 647 Main Street, Bangor, Maine 04401; and notices to Permittee shall be sufficient if sen[ by certified mail, postage prepaid, addressed m; Paul Bunyan Snowmobile Club, P.O. Box 2144, Bangor, Maine 04401, or to such other respective addresses as the parties may designate to each other in writing from time to time. ARTICLE XIV AUTHORITY TO ENTER INTO AGREEMENT The parties hereby represent and warrant that they have taken all necessary, procedural and legal steps as required under all state, local and Federal laws and regulations for the purpose of authorizing the execution of this Agreemem, and that execution of this Agreement by Edward A Barrett, City of Baagor City Manager, and Bud Neal, President of the Paul Bunyan Srwwmobile Club, respectively, readers this Agreement a valid and binding document on their respective pmts. IN WFINESS WftEREOF, the parties hereto have caused this Agreement to be executed on the day and year fust written above. Ifs CRY OF BANGOR t Edward A. Banner City Manager PAUL BUNYAN SNOWMOBILE CLUB (1y) ws /Nf4r/ fe Bud Neale�Presidrnt 02-355