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HomeMy WebLinkAbout1999-06-28 99-239 ORDERCOUNCIL ACTION Item No. 99-239 Date June 28 1999 Item/Subject: Authorizing Execution of Snowmobile Trail Use Permit -- Paul Bunyan Snowmobile Club Responsible Department: Legal/Parks & Recreation In 1996 the Paul Runyan Snowmobile Club entered into a Snowmobile Trail Use Permit with the City for the use of City property to establish and maintain snowmobile trails. This agreement expires on June 30th. The purpose of this Order would renew the permit for another three years. The Community & Economic Development Committee recommended approval at its June 23rd meeting. Department Head Manager's Associated Information: Order. Permit / O Finance D' ec Legal Approval: N'� Soliit xntroduced For CONSENT AGENDA _ Passage First Reading Referral - Page 1 of Amip,ed to Camnoam Vardamis Sure 28, 1999 CITY OF BANGOR (TITLE,) (DTaBTt-----__, thorizi g,8 ecution of SacismobileTrailUse _... Permit -- Paul Bunyan Snowmobile club BY tq Cue wane OfMeMEOfBaAW.- ORDERED, THAT Edward A. Barrett, City Manager, is hereby authorized, Trail n behalf of the City of Bangor, to execute Snowmobile Trail Use Permit. A copy of said Permit is attached to this Order and is mcoxpora[ed herein by reference. IR CITY COMM June M 1999 Passed CI Cf.�m 99-239 O RDBR �Title, AuCMrizi Execution of Soowobile T[ Use Pezmlt - Paul Buoyou Sowmobile Clubgi AGREEMENT made this day of June, 1999 by and between: The CITY OF BANGOR, a body politic and corporate duly organized and existing under and by virtue of the State of Maine and located in Penobscot County, Maine (hereinafter sometimes referred to as -Permitter') PAUL BUNYAN SNOWMOBILE CLUB, a on -profit organization duly authorized and axisting under the laws of the state of Maine and located in Bangor, Penobscot County, Maine (hereinafter sometimes referred to as -Permittee-) W I T N E S S E T H: WHEREAS, the Permittor is the owner of certain property located in the City of Bangor, County of Penobscot, State of Maine; and WHEREAS, the Permittee desires to use property of the City of Bangor to establish and maintain a snowmobile route, NOW, THEREFORE, the parties hereto do mutually agree as follows: ARTICLE I PREMISES The Permitt0r, in consideration for the obligations to be performed by Permittee as hereinafter provided, does hereby permit Permittee, subject to the conditions hereinafter expressed, to establish and maintain a snowmobile route on property of Permitter, as approved by the City Manager or his designee(s). ARTICLE II Unless earlier renewed, wed, terminated or surrendered, this Agreement shall r in effect for a term commencing on July 1, 1999 and ending on June 30, 2002. ARTICLE III TERMINATION It is covenanted and agreed that this Agreement shall immediately terminate upon the sale of the land, or any portion thereof, that the snowmobile route runs on and through. It i further covenanted and agreed that the Permittor may upon thirty (30) days notice terminate this Agreement_ it is further covenanted and agreed that the Permittor may immediately terminate this Agreement upon any breach of this Agreement or if any member or guest of Permittee using the snowmobile route violates any law or regulation of any duly constituted governmental authority. ARTICLE IV OCCUPANCY AMD IMPROVEMENTS OF PREMISES Permittee shall use the premises herein only for the purpose of a snowmobile route. Said snowmobile route shall be open and available to the general public for snowmobile purposes. 'Phe Permittor, its agents or employees, shall at all times have the right to enter upon said snowmobile route. Permittee, is prohibited from cutting any tree that is greater than 1 1/2 inches in diameter without the expressed consent of Permittor. Permittee, is prohibited from changing, in any way, the topography of the premises without first obtaining the written consent of the Permittor. Permittee shall not use, occupy or maintain the premises i any manner so as to knowingly violate any law or regulation of any duly constituted governmental authority. Permittee may use all-terrain vehicles o wheeled vehicles on the premises for thepurpose of establishing or maintaining the snowmobile route. Permittee shall make no future claims of adverse possession and/or prescriptive use by the Permittee of the premises. At the expiration of the term of this Permit, Permittee shall remove all markers, signs and any other objects marking the snowmobile trail. Users of the snowmobile route shall at all times remain on said route and shall not operate Snowmobiles on property of Permittor off the snowmobile route. Permittee agrees that Permittor, its agents or employees, shall not be responsible for any injury or damage to persons or equipment using the snowmobile route. -2- Permittee shall establish and maintain that portion of the snowmobile route that is located in the Permittor's golf course at such times as determined by the City of Bangor Director of Parks and Recreation or golf Pro -Superintendent. Permittee shall be responsible for making access through the fence located at Bass Park in such a manner, under such terms and conditions and at such a location as shall be determined by the Manager, Bass Park Complex. ARTICLE V INBCRAMCE Permittee shall obtain and provide evidence to Permitter of general liability insurance rage in a minimum amount of $300,000.00 per claim covering all liability claims arising out of the Permittee's use of the premises. Permittee's liability insurance policies shall care the Permittor as the primary named insured and shall be written as primary coverageaa for all i claims arising out of Permittee's use and occupancy of the Premises. Permittee will be deemed to have complied with this Article V if it obtains insurance coverage through the State of Maine Snowmobile Trail Liability Insurance Program. ARTICLE VI INDEMNIFICATION To the fullest extent permitted by law, Permittee shall indemnify and save harmless the Permitter and Permitter's employees and agents from and against any and all claims by or in behalf of any person(s), firm(s) or corporation(s) arising from the use or occupancy of the premises by Permittee or by Permittee's agents, employees, members, invitees or any of them, including all claims by or in behalf of Permittee's employees or agents for Permittee's use of the premises. For this purpose, Permittee hereby expressly waivesall immunityfrom iudament or suit it may gtherwisp niov under the Maine Workers' Compensation Act of 1993. 35-A MRSA 5 101 gt sea The Maine Charitable immunity statute. 14 MRSA 95 158 and 159-A- or other Provisions of law. To the fullest extent permitted by law, Permittee shall indemnify and save harmless the Permitter, and Permittors' employees and agents from and against any and all claims by or in behalf of any person(s), firm(s) or corporation(s) arising from their use of the premises. ARTICLE VII NONDISCRIMINATION In the use and occupancy of the premises, Permittee shall not in any manner discriminate or permit discrimination against any -3- person or group of persons on the grounds of race, sex, age, religion, color, national origin, or physical or mental handicap, or in any other manner prohibited by law. ARTICLE VITT CONSTRUCTIO The headings appearing in this Agreement are intended for convenience and reference only, and are not to be considered in construing this Agreement. Nothing contained herein Shall be deemed or construed by the parties hereto, nor by any third party, as creating the relation- ship of principal and agent or of partnership or joint venture between the parties hereto, it being understood and agreed that either this Agreement nor any acts of the parties shall be deemed to create any relationship between the parties other than Permittor and Permittee. ARTICLE IX INVALIDITY OF PARTICULAR PROVISIONS If any term or provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and each other term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. This Agreement contains all terms and conditions between the parties hereto and no alteration, amendment or addition thereto shall be valid unless in writing and signed by the party against whom enforcement may be sought. ARTICLE XI Failure on the part of the Permittor to complain of any action or non -action on the part of the Permittee no matter how long the same may continue, shall not be deemed to be a waiver by the Permittor of any of the Permittee's rights under this Agreement. Further, no waiver at any time of any provisions of this Agreement shall be construed at any subsequent time as a waiver of the same provisions. The consent or approval of Permittor to or of any action by the Permittee requiring the Permittor•s consent or approval shall not be deemed to waive or e render unnecessary the Permittor's consent or approval to Or of any subsequent similar act by the Permittee. -4- ARTICLE XII GOVERNING LAW 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 x111 NOTICES Notices to Permittor provided for in this Agreement shall be sufficient if sent by certified mail, postage prepaid, addressed to: Director of Parke 6 Recreation, City of Bangor, 647 Main Street, Bangor, Maine 04401; and notices to Permittee shall be sufficient if sent by certified mail, postage prepaid, addressed to: Paul Bunyan Snowmobile Club, P.O. Box 2144, Bangor, Maine 04401, or to such other respective addressee as the parties may designate to each other in writing from time to time. ARTICLE XIV ?AS K*Mneuq�omuN 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 Agreement, and that execution of this Agreement by Edward A. Barrett, City of Bangor City Manager, and Wallace L. Fenlason, President of the Paul Bunyan Snowmobile Club, respectively, renders this Agreement a valid and binding document on their respective parts. IN WITNESS WHEREOF, the parties hereto have Caused this Agreement to be executed on the day and year first written above. CITY ��OF BANGOR -(By) L.RLCCILL;LyJ Witness FAward A. Barrett �v City Manager PAUL RUNYAN SNOWMOBILE CLUB CQ,d14 /I\. OyLn. (By) /(.LGI-CQi�41. d� Witness Wallace L. Penlaaon, President -5-