City of Saco, ME
York County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Saco as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-1-1995 as Ch. V, Sec. 5-20, of the 1994 Code]

§ 124-1 Purpose.

The purpose of this article is to authorize the Director to enter into license agreements with users of the public loading area and rail turnout at the Saco Industrial Park.

§ 124-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
BOARD
The Economic Development Advisory Board established under Chapter 4, Administrative Code, § 4-35.
DIRECTOR
The Economic Development Director.
FACILITIES
The public loading and unloading area and the rail turnout leading thereto, located at the Industrial Park.
INDUSTRIAL PARK
The City of Saco Industrial Park.
PERSON
Any individual, corporation, partnership, association or entity of any kind.

§ 124-3 Authority of Director.

The Director is hereby authorized to enter into licensing agreements under which persons may enter upon the land in the Industrial Park and utilize the facilities, subject to the terms of the license and the regulations established by the Director with the assistance of the Board.

§ 124-4 License fee and term.

[Amended 5-15-2000]
The fee for any licensing agreement shall be established by the City Council after a public hearing.[1] All licenses expire one year from the date of issuance.
[1]
Editor's Note: Copies of the current fee schedule are on file in the office of the City Clerk.

§ 124-5 Review and approval of form.

Prior to using any agreement form, the Director shall have the form reviewed by the City Solicitor. After such review, the City Solicitor shall present the form to the City Council, with his comments, if any. Upon approval of the form by the Council, the Director may use the form to enter into agreements under § 124-3.
[Adopted 5-1-1995 as Ch. V, Sec. 5-21, of the 1994 Code]

§ 124-6 Agreement form.

The license agreement form shall read as follows:
Term of License Agreement for Use of Loading Area and Turnout at Saco Industrial Park
  Agreement made this day between the City of Saco, a municipal corporation organized under the laws of the State of Maine and having its usual place of business at 300 Main Street in the City of Saco, hereinafter called the "licensor," and ________________, hereinafter called the "licensee."
  The parties agree as follows:
A.
Grant and permission. In consideration of the licensee's promises herein and consideration paid by the licensee hereunder, the licensor hereby gives permission, revocable and terminable as herein provided, to the licensee to enter upon the land of Saco Industrial Park and to use and utilize the public loading and unloading area there and the rail turnout leading into said area for purposes of the licensee and subject to all of the regulations, terms and conditions herein set forth with which the licensee promises to comply and abide. The properties of the licensor that the licensee is permitted to enter are those portions of the Saco Industrial Park constituting the public rail turnout and the public loading and unloading area adjacent thereto. The licensee is permitted to use the facilities in conjunction with other licensees for all of the usual loading and unloading purposes.
B.
Priority and limits of use.
(1)
The licensee shall be assigned a designated area or portion of said property based on the following priority system:
(a)
Businesses in Saco Industrial Park.
(b)
Other Saco businesses.
(c)
Any other businesses.
(2)
This determination shall be made by the City Administrator. Users which are not businesses in the Saco Industrial Park are limited to two spaces. This license is for the following area(s): _______________________________________.
C.
Consideration. This permission is given the licensee as an accommodation to the licensee and in consideration of an annual license fee of $120, due and payable upon the execution of the lease agreement.
D.
No hazardous use or nuisance. The licensee, its agents, employees and assigns shall not use the premises for any hazardous purpose and shall not permit the loading or unloading of any freight or materials that might pose a hazard to other licensees using said premises, nor shall the licensee perform or permit any disorderly conduct or commit any nuisance on the premises or use the premises in any way so as to interfere with the exercise by other licensees or permittees of their use of the premises, having in mind at all times the accommodation of other licensees in their use of the premises.
E.
Fire protection, sanitation and other regulations. The licensee shall comply with all rules and regulations, whether federal, state, county or municipal, relating to the occupancy and use of the premises and shall take all reasonable precautions to prevent or suppress fires and to maintain the premises in a clean and sanitary condition acceptable to the licensor.
F.
Indemnification.
(1)
Public liability insurance, to be secured by the licensee, shall be in the policy amounts and shall insure those risks as may be required by the licensor and shall include protection against both personal injury and property damage resulting in any way from the licensee's exercise of its privilege to use the public loading area and facilities. The licensee shall secure insurance for public liability and workmen's compensation to secure and indemnify the licensor and shall require that the insurer provide a ten-day notification to the City before cancellation of the licensee's policy. A copy of that coverage must be submitted prior to the execution of this leasing agreement and shall accompany payment of the annual leasing fee.
(2)
The licensee understands that all risk of damage to his product, materials or handling equipment is at the licensee's own risk and that it is the licensee's obligation to completely indemnify the licensor in connection with any use made of the public loading and unloading area hereunder.
G.
Taxes, liens and assessments. The licensee shall pay all taxes, liens or assessments which may be imposed or levied on the licensee's property, including any assessments by the state, county or railroad, and shall pay for all utility and other services furnished to or for the licensee on the premises.
H.
Privilege not assignable. The licensee's privileges hereunder shall not be assignable in whole or in part.
I.
Period of license; termination. The license given hereunder shall commence on ____________________ and expire on ____________________, except that the licensor may, at its election, terminate the license forthwith at any time that the licensee shall fail to comply with or abide by each and all of the provisions hereof or regulations annexed hereto. Waiver by the licensor of any breach or term of any provisions hereof shall not be deemed a waiver of any subsequent breach of the same or any other term or provision hereof.
J.
Damage to pavement. The units stored or parked shall have proper platforms and/or plates under trailer landing gear to minimize damage to surface pavement. Damages sustained as a result of oversized loads or carelessness shall be the responsibility of the operator (licensee), and the City will assess a damage fee for any losses incurred.
K.
Removal of property. On revocation, surrender or other termination of the permission hereby given, the licensee shall remove all fixtures, equipment and other things placed by the licensee on said premises. In the event that the licensee shall fail to do so, the licensor shall have the right to make such removal at the licensee's expense, the amount of which expense the licensee shall pay the licensor on demand, and if the licensor shall so elect to remove the property of the licensee, it shall have the right to take possession of or appropriate to itself, without payment therefor, any property of the licensee then remaining on the premises.
L.
Joint licensees. In the event that the licensee is two or more persons, then the obligation of the licensee shall be their joint and several obligations, and notice given to one of them shall be deemed notice to all.
  Please provide the phone number and contact person who may be reached at all times:
Name:
Telephone No.
CITY OF SACO
By:
Licensee
City Administrator
Street address
Date
City, state and zip code
Telephone number
Name of trailer and/or plate number
Date