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HomeMy WebLinkAbout1999-06-28 99-240 ORDERCOUNCIL ACTION Item No. 99-240 Date June 28, 1999 Item/Subject: Authorizing Execution Of Agreement with Paul Bunyan Snowmobile Club Responsible Department: Legal/Parka & Recreation Since 1995 the Paul Bunyan Snowmobile Club has had an agreement with the City for use of certain City property for snowmobile trails. This agreement was conditional to an annual appropriation from the City. In addition, a snowmobile trail use permit was executed. Both of these agreements expire on June 30th. The purpose of this Order would renew w the appropriation agreement. A companion order would renew the snowmobile trail use permit. The Community & economic Development Committee recommended approval at its June 23rd meeting. Department Head Manager's Comments: UIRMINEVIRY Associated Information: Order, Agreement Xy Finance Director 1 aolj¢i Introduced For CONSENT AGENDA Passage First Reading Referral Page i of 5 99-20 Meiped to Councilor kohmvn Jove 28, 1999 CITY OF BANGOR Authorizing Execution of Agreement with Paul (TITLE.) MrUr. ....... ............ _............. _._.__ ........ Bunyan Snowmobile Club By the City Ceuaetl of W Clay e/B¢p l ORDERED, THAT the City Manager is hereby authorized, on behalf of the City of Hanger, to execute an Agreement with the Paul Bunyan Snowmobile Club. A copy of said Agreement is attached hereto. IA CM COUNCIL Tuve 28. 1999 Passed 99-240 ORDER Title, duthorlain &aecutiou of ASieom t v th Pool Suuyon Suowobile Club ...................................... ......................^................. lam_ da j Auiane(�d to - ......ry.vv.c. hH.CY(<'R" \unci..... UCouncilmen AGREEMENT made this 30 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 "the CITY°) PAUL RUNYAN SNOWMOBILE CLUB, a non-profit organization duly authorized and existing under the laws of the State of Maine and located in Bangor, Penobscot County, Maine (hereinafter sometimes referred to as "the CLUB`O W I T N H 8 9 E T H: WHEREAS, the CLOB wishes to receive an annual appropriation from the CITY; and WHEREAS, the CLUB and the CITY intend to enter into an Agreement for the CLUB to use certain property of the CITY for a snowmobile trail; and WHEREAS, the CITY requires certain conditions on the use of any appropriation, NOW, THEREFORE, the parties hereto do mutually agree as follows: ARTICLE I 00 S This Agreement shall be for three (3) municipal fiscal years terminating on June 30, 2002. This Agreement may be extended up to an additional three (3) fiscal years by mutual agreement of the parties. Any extension of this Agreement must be requested by the CLUB on or before March 1, 2002. FUNDS The CITY, subject to an actual appropriation by the Bangor City Council, shall give to the CLUB Three Thousand ($3,000.00) Dollars each fiscal year during the term of this Agreement. ARTICLE III 1199 -PE -EMM Funds appropriated by the CITY to the CLUB shall be used solely for development and maintenance of snowmobile trails and existing cross-country trails within the City of Bangor. ARTICLE IV iJLL i t 'Z9i [TJ The CLUB shall, by April 30 of each year, file with the City of Bangor Director of Parke and Recreation, a report regarding the use of funds appropriated by the CITY to the CLUB documenting that the use of said funds was in compliance with the terms of this Agreement. TRAIL USE PERMIT This Agreement is subject to the parties agreeing to a Snowmobile Trail Use Permit. Should the parties not have a Snowmobile Trail Use Permit or should the permit be revoked, this Agreement becomes null and void. ARTICLE VI ADMINISTRATION This Agreement shall be administered on behalf of the CITY by the City of Bangor Director of Parks and Recreation. ARTICLE VII GOVERNING LAN 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 VIII NOTICES Notices to the CITY provided for in this Agreement shall be sufficient if sent by certified mail, postage prepaid, addressed to: Director of Parks E Recreation, City of Bangor, 647 Main Street, Bangor, Maine, 04401; and notices to the CLUB 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 addresses as the parties may designate to each other in writing from time to time. ARTICLE IX 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 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) $ Witness Edward A Barrett City Manager PAUL BUNYAN SNOWMOBILE CLUB (BY) 211ev�m witness Wallace L. Fenlason President