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HomeMy WebLinkAbout1997-01-27 97-102 ORDERCOUNCIL p./ACTION Date /CO3 ; 1996 tem No. 97-102 Item/Subject: Authorizing Execution of Amendment to Bangor Raceway Lease Agreement Responsible Department: Legal Commentary: The parties have a Lease dated January 25, 1999 for the operation of the Bangor Raceway. Pursuant to the terms of the Lease, Bangor Historic Track, Inc. has exercised its right to have the Lease renewed. The Amendment renews the Lease subject to changes regarding dates and payments to the City. parYmenY Hea Manager's Comments: /.r(P"^"'"""p'/°'" %'` A.ps City Manager Associated Information: Order, Amendment No. 3 to Raceway Lease Agreement Legal Approval: 9 Introduced For d Passage First Reading Referral Page 5 of 5 IN CITY COUNCIL ! January 27, 1997 Passed 97-102 0 A O E A CIT LERR Title, Authorizing Execution of Amendment to angor Raceway Lease Agreement /^1 Ass rad to 1154 �uck ----------- ---------------------- Councilman .. 9]-102 AMENDMENT NO. 3 TO BANGOR RACEWAY LEASE AGREEMENT THIS AMENDMENT NO. 3 TO BANGOR RACEWAY LEASE AGREEMENT (hereinafter sometimes referred to as "Amendment No. 3"), executed n duplicate, this day of 199_, by and between the CITY OF BANGOR, a municipal corporation organized and existing under and by virtue of the laws of the State of Maine, and located at Bangor, Penobscot County, Maine (hereinafter sometimes referred to as the "CITY") and BANGOR HISTORIC TRACK, INC., a duly authorized and organized Maine corporation doing business as Bangor Raceway and having a principal place of business at Bangor, Penobscot County, Maine (hereinafter sometimes referred to as TENANT"). W I T N E S S E T H: WHEREAS, the CITY and TENANT are parties t0 a Certain Bangor Raceway Lease Agreement (hereinafter sometimes referred to as "Lease Agreement"), dated January 25, 1994, regarding the use and occupancy of the Bass Park grandstand, track, barns, .and trailer park by TENANT; and WHEREAS, said Lease Agreement provides for a renewal term after proper notice by TENANT and agreement between the CITYandTENANT to changes or amendments to said Lease Agreement; and WHEREAS, the parties hereto wish to renew said Lease Agreement for the calendar year 1997 racing season subject to,the within terms and conditions; NOW, THEREFORE, the parties do mutually agree as follows; 1) THAT Paragraph 1 (Premises) Of Said Lease Agreement be amended as follows: a) Replace all language under the headings "Area" and "Dates' with the following: Track March 1 through October 13, but excluding July 21 through August 3 Barns March 1 through October 13 and a reasonable period before March 1 for preparation purposes Trailer Park April 1 through July 22 Grandstand April 1 through. July 20 2) THAT Paragraph 20 (Payment to the City) Of said Lease Agreement be amended in its entirety as follows; "20. Payment to the City. TENANT shall pay the CITY a base fee of Thirty -Five Thousand Dollars ($35,000.00) for 97-102 -2- the right to lease and operate the premises. In addition to the base fee, TENANT shall pay to the CITY an additional fee amount to be determined as follows: If the sum of the average daily handles both on -track and at Maine Off Track Betting facilities wagered on TENANT'e races is greater than Fifty -Five Thousand Dollars($55,000.00), the percentage amount by which said amount exceeds $55,000.00 shall be multiplied by the base fee to determine the amount of the additional fee. CITY shall invoice TENANT the full amount of the base fee on March 1, 1997. TENANT shall pay the fee(s) in seven (7) equal monthly installments beginning March 1st. Any additional fees due will be calculated at the end of the 1997 Racing Season (July 20, 1997) and be payable by September 1, 1997 with final rental installment. At the end of any month races are conducted on r at the leased premises, TENANT shall provide to CITY copies of reports required to be filed with the State of Maine reflecting all wagers placed or made at the leased premises, as well as all wagers made or placed at Maine Off Track Betting facilities on races conducted at the leased premises." 3) THAT except for the foregoing, said Lease Agreement, dated January 25, 1994, between the CITY OF BANGOR and BANGOR HISTORIC TRACK, INC., as previously amended by Amendment No. 1 dated October 12, 1994, and Amendment No..2 dated April 5, 1996, shall remain in full force and effect in all other respects between the undersigned parties, provided that, however, the parties acknowledge and agree that the bathhouse, shower and toilet facilities previously part of the trailer park on the premises no longer exist and will not be replaced by the City. IN WITNESS WHEREOF, the parties hereto have respectively executed or caused this Amendment No. 3 to be executed on the day and year first written above. CITY OF BANGOR (By) Edward A. Barrett City Manager BANGOR HISTORIC TRACK, INC. (BY) Fred Nichols Treasurer -3- STATE OF MAINE PENOBSCOT, as. 9]-102 199_ Then personally appeared the above-named EDWARD A. BARRETT, City Manager, and acknowledged the foregoing instrument to be his free act and deed in his said capacity, and the free act and deed of said body corporate. Before me, STATE OF MAINE PENOBSCOT, as. Notary Public/Attorney-at-Law Printed Name: 199_ Then personally appeared the above-named FRED NICHOLS, Treasurer of Bangor Historic Track, Inc., and acknowledged the foregoing instrument to be his free act and deed in hissaid capacity, and the free act and deed of said corporation. Before me, Notary Public/Attorney-at-Law Printed Name: APPROVED AS TO FORM: Erik M. Stumpfel, City Solicitor Date