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
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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