[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]
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.
As used in this article, the following terms
shall have the meanings indicated:
The Economic Development Director.
The public loading and unloading area and the rail turnout
leading thereto, located at the Industrial Park.
The City of Saco Industrial Park.
Any individual, corporation, partnership, association or
entity of any kind.
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.
[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.
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]
The license agreement form shall read as follows:
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Term of License Agreement for Use of Loading
Area and Turnout at Saco Industrial Park
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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."
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The parties agree as follows:
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A.
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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.
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B.
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Priority and limits of use.
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(1)
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The licensee shall be assigned a designated
area or portion of said property based on the following priority system:
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(a)
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Businesses in Saco Industrial Park.
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(b)
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Other Saco businesses.
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(c)
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Any other businesses.
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(2)
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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): _______________________________________.
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C.
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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.
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D.
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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.
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E.
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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.
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F.
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Indemnification.
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(1)
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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.
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(2)
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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.
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G.
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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.
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H.
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Privilege not assignable. The licensee's privileges
hereunder shall not be assignable in whole or in part.
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I.
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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.
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J.
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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.
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K.
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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.
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L.
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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.
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Please provide the phone number
and contact person who may be reached at all times:
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Name:
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Telephone No.
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CITY OF SACO
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By:
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Licensee
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City Administrator
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Street address
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Date
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City, state and zip code
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Telephone number
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Name of trailer and/or plate number
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Date
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