nea4wd.org

Posted: **Tue Aug 09, 2005 7:28 pm**

One of our newest Maine NEWJO members is talking with the city of Lewiston on some city property that has a trail on it. The city verbally has set a few conditions to meet to POSSIBLY gain access to the trail. This is the letter he came up with. Give it a read and make suggestions please.

Thanks!
Scott Brown

xxxxx[deleted]
Auburn, ME 04210
August 9, 2005
Phil Nadeau
c/o City Hall
27 Pine Street
Lewiston, ME 04240

Dear Mr. Nadeau:
This letter is in response to our phone conversation on August 8, 2005. On behalf of North East Willy’s Jeeps Organization (NEWJO), we would like written permission to access city owned land by Off Highway Vehicles (OHV’s) including jeeps and trucks (not ATV’s). The land in question is located behind Marden’s in Lewiston and extends to the Androscoggin River.

As part of the Tread Lightly philosophy, we would respect your land by only slowly exploring existing trails, not making new ones. For more information concerning Tread Lightly please visit TreadLightly.org.

If permission to access land is granted NEWJO members agree to:

• NEWJO will stay on existing trails and leave the land as they found it.
• NEWJO will perform trail clean ups to help preserve the land and keep wildlife and pedestrians safe.
• NEWJO will install a barricade (gate or cable) and control access to land if necessary to help avoid unwanted activities on said land.
• NEWJO will install and maintain water bars where necessary to prevent excessive erosion.
• NEWJO will not remove any standing trees.
• NEWJO will not exceed 12 vehicles on the property at any one time.
• NEWJO members and guests agree to indemnify and hold harmless the property owner, City of Lewiston, for any accident/injury occurring on their property.

We greatly appreciate your consideration in allowing us access to this land.

Sincerely,

James Hartford
[deleted]

Posted: **Tue Aug 09, 2005 9:47 pm**

Will this be NEWJO only or NEA access also?

Is this line needed? Our access will change the land, that is a possible open door for problems in the future

and leave the land as they found it.

Posted: **Tue Aug 09, 2005 10:25 pm**

Good question. At 14 acres I can't imagine that there is a whole lot going on but I haven't scouted it. It would be my intention for NEA access. Matter of fact James (the author) asked me that tonight if the letter should come from NEWJO, NEWJO Maine Chapter, or NEA. My initial thought was NEWJO Maine Chapter to give it the local feel............but maybe I am wrong on this? What do you think?

Posted: **Wed Aug 10, 2005 6:30 am**

Its your call, 14 acres isn't very large and now I understand some of the requirements

Posted: **Wed Aug 10, 2005 8:43 am**

NEWJO members and guests agree to indemnify and hold harmless the property owner, City of Lewiston, for any accident/injury occurring on their property.

I would recite the ME held harmless statute verbatim with the ruling number and all that. That will slam home the no liability issue. I think that is what would most concern the town. :paul:

Great job though. :thumbs:

Posted: **Wed Aug 10, 2005 3:58 pm**

Paul wrote:
NEWJO members and guests agree to indemnify and hold harmless the property owner, City of Lewiston, for any accident/injury occurring on their property.

I would recite the ME held harmless statute verbatim with the ruling number and all that. That will slam home the no liability issue. I think that is what would most concern the town.
Great job though. :thumbs:

Yes, I believe that was one of their main concerns, the other being that people have dumped stuff at this location. There is a no dumping sign at the beginning of the trail.

Thanks for the input

Posted: **Wed Aug 10, 2005 7:04 pm**

at least on private land in Maine (not sure about commercial) land owners are not held liable if you hurt yourself (if they don't charge you for access to their land.)

Posted: **Wed Aug 10, 2005 7:05 pm**

yj_x wrote:
Paul wrote:
NEWJO members and guests agree to indemnify and hold harmless the property owner, City of Lewiston, for any accident/injury occurring on their property.

I would recite the ME held harmless statute verbatim with the ruling number and all that. That will slam home the no liability issue. I think that is what would most concern the town.
Great job though. :thumbs:

Yes, I believe that was one of their main concerns, the other being that people have dumped stuff at this location. There is a no dumping sign at the beginning of the trail.

Thanks for the input

Welcome!! yj_x is the author and initiative of this letter.

Posted: **Thu Aug 11, 2005 11:25 pm**

Paul wrote:I would recite the ME held harmless statute verbatim with the ruling number and all that. That will slam home the no liability issue. I think that is what would most concern the town.
Great job though. :thumbs:

Anyone have this?
Thanks

Posted: **Thu Aug 11, 2005 11:49 pm**

How does this sound?

NEWJO members and guests agree to indemnify and hold harmless the property owner, City of Lewiston, for any accident/injury occurring on their property according to Maine state law 622.

Posted: **Fri Aug 12, 2005 7:29 am**

Looks like it'll do the job.

Posted: **Fri Aug 12, 2005 8:53 am**

"....as per Maine State Law #622"

sounds more official that way. :paul:

Posted: **Fri Aug 12, 2005 9:51 am**

I have seen the latest draft and it really looks great.

nea4wd.org

Letter for new trail-suggestions wanted

Letter for new trail-suggestions wanted