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
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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.
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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
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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.
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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
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