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1994-01-10 94-69 ORDER
Date W1 -10-H Y Item No. 96-69 Item/Subject: �r PJItMcizlMJ t}IB H'.PC1ZLi0it OE fl COIttLSeC With & t[pL Historic vack, Lr., for the R=rat•:..., of an Eat�ided Responsible Department: Hama Purling Neat at 1N56 Peek Uty Mefful Commentary: The attached lhdCL xWld Butl0Liz8 then a(%otiW of a MOtzsct witli Bd Hieturic Brack, Rm. far the mteration of as exfestlal harness racing nee[ at Bass Peek. Ihis aryeerent hate bpm degalopeci coop eratiwly through iwoerves aeettf betTuen various City staff mmbers ani Pred NicMls. In gaieral, it trach the consaisus develRaad by the CC U in the worlrsloop which eats held prior to au suing the Rxryest for Prgveal for a private for haams racing. A ewnary of the contract prpviaimis be attached. A copy of the final draft of tbo contract bas been provb to Mt. Nictuls. Mfmtuwtaly, his has baids cut of open far nonst of this lust week so that I mrcicilste hearing f m him m Monday pedot to tie CouncU i eetfrg. This last tevieu may result in sane inion Charegi s w the actual final aaitxst. M trill be prepared to curr L throes, for the CCu a Abitlfly eeerdng: I w d recaieier�d Cnaicil approval of tie attached Order. `m` �Manager's Commands: }.,epr Np YEA "IMJI pd< O). -thca>�i-.n ops F--Aji.J4-4 Bf� Bn �✓j ,v asMat �aslp �g1nawm4,30, 00o 'n. -r" fla.Y w A Persecuted Informadon��, 6aanoa�, Q[aR Budget Approval: - Fico "Diva,, Legal Approval: Ciry 5a➢rcnor Introduced For NPauage Finn Headi ng Page of ❑Referral 94-69 A gnedco Councilor Blanchette ]aaeary 10, 1994 CITY OF BANGOR mTLfJ (DrUr,........... _x... uie.Exen¢i.on of_a-mntamz..vith sa*Rx.xiswric Tzack, Ino. foz• t Cpeeaiim of an � Paznzse Pacing N [ at & se Pa BPt aro Casaail of W otiro of Ra . ORDERED, TWT tha city nansgec is aWnrized to m ate a carczat with By xtaforio Track, Snc. for t operation of an eRtP1K16(1 hazx�ess racing seat W; o"_s Park. 94-69 0ROER in City Council Tabled Consider Januarysting 1 94 .>+IDZPIi Authorizing the execution of a Contract With beat Ben5g Historic Track Inc far the oFflCetion City Clerk of an Historic Track INC. for the operation of an Extended Marmon Racing Met at Bass work ...................�............. .. .. COU IN CITT 24, 19l - danued Sub Substitution Passed Substitution of Povtxac[ Orden t0 City as follows: Mm@: I are That amended as follwe: uthorized td to Exec the City Manager Is angor Hist to _ ... Execute a Contract with tangor Historic Cowcilman Harness R. Rforacing the Operation of a Extended Shall b Racing Meac at sane Park. SimiM1 Contract SM1a11 be in a Poem Substantially Similar to d Draft - --- thisorder a Raceway Lease Agreement"terms stated t this order and shall Sum incorporate the tetras stated in the "Contract Summary" attached hereto. COen'wYT SIIMAIB 94-69 TIPM FFP C@II4vMT lkxun At least one yam' Anvual with 4 additional ore -y r me�c s1 terns with mutual ag� Facilities a Tkeck, GrmdstaW, Track, G[mGetari, Hems, Trailer Carership carne. ,bint use puking; Peek, Joint use packing; City City rareine a ; City renins Domer; City approval of apps of chan3es/ chs /adiitions; track available adiitiom to City on limited basis before and during meet; Mtiquefest authorised for Meg, 94. ^^= 6 Cpmat xespsihle for Operator responsible for all Biprovaoenis routine nuu¢v arc , city .ro and repair. aty W to participate in major brig f toes up to life safety repair/ =••n costs, coal Capital xffl ®ants subject to negotiations City will participate in hettemo3nts or i�ts to shared need facilities which benefit other £acuity veers. Operator to propese such inprwemnts on or before Much hat of each year for budget process mnsiaeration. Costa to be eN¢ed on 50/50 basis or other basis subject to negotiation. Appraml Oen fYrnees racing 6 related 8 a rating m directly activities relatei acctvit and pxamtions. shmacasting alloaei ee supplaoa t to live racing. Oder ipise related etvRe p turd. I£ ste 3-alore, revenue. split 75/25 with ]amps share to party which attracts ]donee events. utuities Operator pays all a Operator pays all wee. Metering/ cost allocatian plan to be agreed to by iS ch 1st Teresa, i.tcenaea, Pees Operator resi»nsible Operator resit uible Insurmce Ntaflai listing Spam ex¢ t Operator aty ctucse W g y pxoratai portion of City fire policy and assure risk for $25,000 deductible. Catering Opamtor has exclusive Cperator has enelusive right right but may suDca;tract W conte sic a acceptable W City Petfomane:e Bond $30,000 bud or other $ares acceptable security. City cosy Usreeae moomR up W 25% at mry xenc+xel. Br ��.m�a��or--aarsna :n.��s-srsm 0f Cla rator (Hasa operating at 11 M. Control lbise Control Horse 1Yaile s Peet Control Nash reroval Llceimee 5 R'S Nits Custaly and ma of fim_d assets neaprn Uities & city cutting S Ity Security plan d Ioped with pdef of Police 96-69 Nefghhorinal Pmtation Casae operating at 11 p unleas unfozeseen In no case later then 12 miAnight. Control Noise Beat efforts to mnntrol ttvilera Pest control-nmy prorate with City Wash revwal Licenses and PerNits Custody mid ma of fixed assets Snow r al 6 ass cutting Sme palue ns mepecified 50% in advance $50,000 base fee to escalate with 506 h Sl through bassi on prior y 18 perOm Cage e of daily l e war $70,000 (e.g. 517,000 = 108 = $55,000), 50% due larch let, 508 due July 7th. DLher P Vmmts Note $750 pe[ year for sinnlcasting equipre , $2,500 per y for star t^.^a (e $1,000 per year aM perFOro n» nce) Capital unspecified 258 of m camemial most stipm i, LRttvVarencs if miy, �ved by epexator est be spent on capital inprwanants. I- N This �, Bede and entered i this the _ day of , 199_, by and between TM_ CPPV M �, a mmieipal corporation orywuzed and existing endand by v' t of the lams of the State of Maine, and located at Bm , Pmobsoat County, Naim_ (hereinafter referred to as the •CPM"); and W I T N E S SE TH: �, the C= is the owner of a haxeess racicg £acuity l aced in the City of Bangor at the ChM's sass nark Complex; and N10&I E, the TENANT wlslws to Tessa the CPMwa harms racing £acuity for the pnioae Of conda ti m an extared harness racing nit during the calendar 1994 and subsequent seasons; aAw, THEPEEUffi, the parties bereto hereby agree as follower 1. Premises. T C=, for and in considazatfon of the rens to be paid arca the obligatinna to be performed by thx TEPNNf as hereinafter Provided, does hereby r se and latae unto the TEPMNP and TENANT' rots hereby take and hire, a and subject to the terms aM cc ditfmm hereinafter Stated, in their present Iliysical con (tion, and for the Periods herein•Fwr stated, the follw describoi promises and facult located at the CPM•s Hasa Parc Complex, as farther designated in the sketch attach hereto as "IDddbit 1^r Area Catffi Track Narch 1 ttnvigh the Sunday prior to the opevxg day of the Bangor State Fair Berns Much 1 through August 31 and a xra able period before March 1 for Preparation pisposes Trailer Park Muth 1 through the Surciey prior to the opmdng of the 8 gar State Fair Q Stand march 1 through the san ay prior to the opanvg of the Bangor State Fair 94-69 -2- The track, trailer park, and grande[eM as well as parking areas are specifically recognized as joint use areas as £ollews: a. Parkin Auras. Perking areae will be available for use by harness racing cvetoners a well as custarecs of oder events rola at the ease Park Cauplex on a first<am, first-served basis. b. Trainee P• 1fie trailer lark auras will he available £� use by individuals associated with imrness racing on a priority basis for the period Evan Mach 1 through the Smday before the opening of the I ngoi state Fair. Any unused apace will be mere available for stmt -term use by others with the remmue from these meets to go W U2 CPM. C. Track and Gr- stand. The trek and gvvtlstarcl areas shell to available for use for otter events prior to the date of commencement of the laxness racing meet. The track mid gramkstaml shall also be available dying the race meet on ren -racing days a i after racing on any racing day where rating is normally scheduled to ed by 6:00 p.m. Such uses stall be [e matted pra+ided that the track stall not he closes to hones for Imre than three days in any week from April Ist to the date of cmra°ncenont of the hams rating meet and no more than one day in any week daring the tmrssss racing mat. It is specifically r g:icel th t ZEIANl' has geed to allaw an Pntiquefest to be held on Mry 21 and May 22, 1994, and the CITY hereby reserves use of the track and gnmxkArm l facilities for this event. 2. Term. 'W t W ATA A IQD the demisai premises onto the TfgA for an annual term commencing January 1, 1994 and ending Cecender 31, 1994, 1TSN1® however, that TewitlS's Occupancy and use of any of the facilities described above elall not begin prior to or extent beyond the perimds stated in Section 1 ebove. This agreement may be rem ammslly for for (4) edditinnal an`year terve renewable annually upon rm:tual agreement of CITY mid IEPNNNT. Far the purpose of annual rxewal(s), the CM Shall rot require additional rental im:®e Over and ahove all amounts derived from the f®mlas stated elSewhere within this Agreement. 3. Renewal. TeemNf's right to renew Shell be e>ezcfeed by giving notice of renceal to the C in writing no later then September 1st preceding each renown Teri. Follrvg receipt of such notice by CPM ark within thirty (30) days thereafter, CITY and TeN14vS shall meat for the purpose of discussing raeral of this Agreement. In the event the parties are unable to agree to such reseal term within forty-five (45) days of the CITY'S receipt of TRPM4f'S r0tica, this Agreement shall be deemed to have expired. 1FM4dT Shall not be entitled to renew this Agraeu t, if TffiANf, at the time of UIRMT's renewal Oval notice, shall he in default of any provision hereof. At the CorClus= of the five year potential Lean available ruder this provision, the CITY may agree, at its option, to a further exteeion of this Agreement for up to an aWitioal three (3) year period provi h 94-69 -3- '1'FTDWP has aviAated a haps raciig veer during each yeart ad b. T1WTP has consistently fulfilled its oMigatrons under this Agreement and hue rat defaulted on its ]ease Payarents or n..e reepa,ibflftins at az five tluring rl:a original ani rvpMsl tenors of this APearent; and C. expvided f its am furc a miniwmi of $100,000 for facility during the original and zmisml temrm of this Agreement. Tie P� for arklitimul mcml peri.otle stall he the ear ore outlined above £a annual renewals. 4. or facility or arty physical changes to a existing buLWd or facilities may be cun�without tie express written con of the CM. Soh consent stall not be uwmsaably withheld. 2psver, the CPPV may wl old ire consaK to a1' mLiitiaa or changss which, in the sole opinion of t CITY, xould taw a nsgariw ingest on tt® use of tM leassl facilities for other rxnr and puposee• or on the acnptural integrity of any luvinrw or structure. All aMitiaa ab etanges stall ba in comzol with the appropriate tuilding aM dewlopient da, and T@ANP sha11 be rsepaeible for all mressa y puts. It is mdetstood ad agreed that tie CM shall xemin Ua legal amen of all buildings, stnptures, inprwaent , fac5litins arc] iratallations curmrmly upon tie pxeaisa or which may to -tom upon the ptmdaee during tlp tr Of this agmreut or mq' extaeiora or reenels }vaso£. mqurpre evaed anf � by TQANl' s}rell bxvre tta property of the cm wieze such equiprent become attached to ad a fixed elawat of any buildi., 8txipture, or facility. 5. �e and Pmmuaents. TilRNf elall, at its sole coat, prw all necessary mc: men... -a mid r :. of the extorting facilities, excepting the naiMsarce ad repx reWi to bring the facilities order lease inm camplfanne with existing life safety codes r h shall be the reapam arty of tip City. m®mvP Shall mvntain the facilities in mxoxdana with first class strndaNs cop able to other facilities in I6flfre and � aglartl. 19e CPM and i.ts desi.gre �taud shall ]ave a right of access to hapset pr®iees aM facilities and to oder dive npa S. Ao foetal in p i•..w of tie preniaes eFall be mrchctei aramally on orabout M Ch let ml dl¢vrJ t118 NBek Mi to the Openllg of the BS or State Fair. dfie purpae of The mspect is to insure that rte facilitins sam or bet axditfon ore existed at the stat of the Ageamnt. In the Brent T@IANf fails to valor repairs or to imep the fact ty in a safe aid sanitary w titter, CPM slell hex Uc right to inter upon the facility for purpaes of making zap ins aM m cM1� the coat of such zepaizs to TetmtaP. Failure to adequately maim';^ the facility w l be a basis for r fault of thta Agrearent and forfeiture of Perfomarpe bond. it is a cipred that the CTM will participate in Tip cat of bettemnxRs or inpttrvarentr vane toshat L -use £aciliti where Such rock benefits evmtr or assn of the facdlftfas other than �s racvg. •I�mvm shall fa_vmrd requests for or bettevxents to the CITY on an aaaal basis, on or about [larch 1st of each year, for consid Uon in the CITY's anaal budget pocsss. a1ese requests nay Srplutle regg for prcq»rtimal reimLaserentr for bet alremiy p� by T@mTIP. TM 94-69 -4- cost of such Improvements aball be shared on, a 50/50 heels or such other basis as say be separately negotiated subject to City Council appx of the egheM tuxe. The cm ray, at its mn axion, elect W p sen ca its ooh betterments or £mp� W slwxei-use facilities where such xork Shall not have a re tive inert on harness racing. TM CPM shall Snfonn TaenaaP In adverse of Planxad ivprcwnents aM shall coordinate tte;r achadula with Irma£ in order to in act on harwas racing. THS Hf may, at its one optlar, slat W Proccerd with its one wt� or ivg¢warents to shared -use facilities vbere such work has been pxevfcusly appmved by the CPM for construction but rot for shexed-funding. 6. Aooiove9 Uses. The privezy use of the leased facilities Min he for haxww racimi aM directly related activities and pmmtiore. S�^ st. shall he allwhel as a aupplamht W a live racing card. other lure xel wd e such es horse ahoy. , sales, and d c wtratiaa are permitted. Where such event occur on a ated-alone basis on the leased facilities ami during T'HmN 's occupancy Period, rwv w shall be apinxtiorerl hetxem the CPM and TEBNSP on a 758/258 basis with the larger potion going to the entity whdch idmntfffm mid bring the event to the facility. 7.i tib. All utility expenses including water, electrical, telephone, serer and vaste disposal, requ to operate the lensed facility, shall be paid by the TTATNf. THSxl' shall pay CM for all City provided utl ties at the sane rates the CPM chanes elmilar custoww. The CPM a TTAWNS stall agree to a utility metering and/or coat allocatfm Plan which wll1 be inple rrx d prior W March 1, 1994. 9a p sse of this plan Ss W provide for aest-effective plan for either separately metering obe facilities W be used for racing or appropriately allocatimg utility coats bassi on actual we for racing and other events. 8. Ta , Licenses and Peee. THEM' shall be responsible for ary and all taxes and all required ]incase end fees to cwrate the FaciLtty. 9. Rdenaff� and Znwurese. Ire THINS shall inhsanffy, defend, and hold harmless the CPM from and against all cl and actions, and all extensas =idental to such dabs W actions, basad upon or arisbg out of damage to property or injuries to p ore or other tatims mote caused or nen tributed to by the TffimNf or anyone acting umler its direction or control Go m its behalf m the mdse of the T Tis activities miler this agreermt, prc ided the �'s afcww d �ty and hold ha ws agreement shall rot be applicable W any liability based upon the sole negligence of the CPM. The THEM hereby expressly agrees that it will defend, intlmnlfy and held the City of Bangor harmless from any and all claims nude or asserted by TFTYNP's agents, servants or eRloyaes arising wt of TffiahNP's activities undo this For t wcsoee. TEPWNf hembv emresly eax re ami e_pLpj Eps. The intlemliticatim p Iwd uNa this Paragraph Stell extEittl W anci =1any and all costa incurred by the CM W anussr, imestigaw, defect and settle all such claims, including but net 1 ted W the C='s mats for atvaxwy fees, expert and otar witmw; foes, the cost of investigators, and pays in full of any mnd all judgamnts rendered in favor of TE[mHS's agents, wr mts or employees against the CPM in regard W claims vada or asserted by such a ts, servants, or mplayees. 94-69 a. In connection with the eaploynent of its mployces, T@IDHP shall lay all ainlicable social security, unamcdo3noult, 4brlas' fbg�, or other mQIcIsent t or CWYLt11lUt10lla of insurffiCB ani shall cavply with all fedan:al and stat lass and regulations relating to mployaent generally and to wages, social security, unmplcyv�t mnsurarca and vorkers' cog tl.at in paxtLcular. Tf2IDNP shall indmmi.fy and bold harmless the CITY frw all coats, expenses, clam or dmages resulting Iron any fsibae of umImP to couply with these b. TlmuaaP shall prno re and mauKsin co prehansive general liability arch auta®bile liability insurance, on behalf of the CPM against sty damage, loss or liability or claims alleged to have arisen from the use or occul ly TFe19MP of the racsmssy and related facilities. With respect to t a req� insurance, CITY shall t named as an adiitioral insorai; t Iavvitd with a waiver of subrogation in favor of the Cin[; and shall be provldrcl with thirty days notice of cancsilatia: or mat alal chm ; and shall W Provides, through the Office of U s City Solicitor, with certificates of insurance evfdercing the above racmired itaurazme. 1t cost of such ba laid directly by �. 1Te CM reserves the right to increase insurazica levals at the time of any contract este Bion or option rereaal. The amounts of such coverages shall h» as follows: T>YL Pnvstt 1. Worl , coma ation - $SM cmbUed single limit Statutory Mtplayars Liability 2. Public Liability $IM mnbLad single limit to include but not be limited to with a tical ustmella the following: policy for not less than $2M a) pumdsea/operations b) independent contractor C) Personal injury ccvsrale d) pxoi t/ lsted operations e) 000tracdal liability 3. Cosp+=hansive Autmn*+t= Liability $IM cmbined single limit coverage to inclu cowarage for: a) asie[I/Kai automobiles b) nonb autamxh l a c) hired cars 4. Aviacauent Value nevranx Policy Sh®ald TILWMP desire, CPM will entertain a reTmsst that Fire or All hdak insurmce be Provrdsi by the CM and shall be Pini, on an agreed pro -rata basis, by TOiaNf for those periods fn which'1F1YMP occupies the facilities. In the sva t of less or d age to any portion of the leseal pramiees due to fire or other casualty occurring durim TFh]AM 's use or OCcupancy, or occurring atter T6bMhP's use or occupancy as a result of the regllgeare of 7221UP or Tffi414Il's agents• sazvant, contractors, or eqlloyres, TElAM' shall reimburse to, the CTM any portion of the C 's rest of r Iacirg or repairftg the particular facilitieb co oeaed that is not reimbursed by applicable, fire or all risk insurance. 94-69 -6- Pesch insuxazssu policy precured by Tf84N£ shall affffwtively state that it w , I no: heimrali�ai i because the insumad weivei its rights of recovery against my party prior to the azvrxare of a loss. 10. LTmlovees and M1®atlen[ Cantracinxa. TB6WNP arch its egrloyees shall operate as an in t operator aM neither TISTtlf nor T& is employees shall by cleeassi in any nannec to be agents or eaployeee Of the CITY. The CITY shall not be responsible for T&mA£'s financial obligations including, but not limited to, salaries mid wages earned by employees, purse distribution ami prizes roes during the coarse of Uri facing meet, or mounts due to iniop�t mnuacime, rorsa®m, vadoxs sod patrons. 11. Comoliarce with las. TFS]M£ will comply with all feral, state arch ICCal statutes, rules, ordinances and regulatiaa as they relate to the Operation of the raceway and xelat¢d facilities. 12. Iwo-Disaimvariorm. m comLnting activities under this Agreement, '17emrm shall not �minate on tle basis of race, color, sex, creed, religionancestry, national origin, age or disability, or m any other manner prohibited by lav, and shall not fail or refuse to hire m amploles or accord adverse, or ungual tz atment to any person or euployse with respect to application, hiring, training, a1Rrentimashlp, inose, pnm on, Vpgrading, wmpanatim, layoff, disohanle Or any OCh ar boos Or condition of euployn in ay mercer prohibited by law. 13. Cam. T@`ATT shall have the exclusive right to sell alcoholic bavexsges on the leased prises during' 12lm1aT's occupancy thereof and shall have its fight to Operate or let all food and drink coecessione m the raceway whew time pxwlsion of such serum is for a facing evont authorined mdse this Agreement. CITY reserves the right to provide these services and concessions for any eveat rtor t exethedirect exercise these rights y or through anagxe®mht with a repute Area mnoeesioraixe acceptable to the CPM. Should a conoeseionaife be sela'ted, the concessionaire lust enter into an aqr t with the CPM for the use of any camcsssion Equipment or supplies wreC by the CPM mei for the p 181 by the ccocessioneixe of inamrzurce acceptahie to the, CPM aW the guarantee of naessary operating licenses, including a license for sale of beer. The CTM reserves the right to require a reasonable pal t for such equipnant ami supplies. 14. Purchase of City Smut TQRNP shall purchase all materials and supplies on hand aid word by the CPM M the tine T6LYNl assumes operation of the rxvuey. Price will be based on actual CPM costs. 15. 1%rfoxsam;e bad. TfSANf shall provide the My an aueptabl.e corporate surety bond in the penal sun of $30,000 payable to the =, or soh Otter security as is ,+rcept=hle to the City Solicitor, for the faithful pecfOaram_e Of all duties ani chligatims .imposed upon TeNANT by add order U texas 0£ this Tg[eanent. The CM rat ves the right to require an Increase the avant of this had at the tore of any extension or apt terata]. of this A[goemoamt. Such imxaase shall be limitei to no stave than 25% of the mrnmt in effect at the time. food or other acceptable security shall be P idol within tan (10) days of award of extenrgd racing inset licase to THT[lf by the Main harness Rating Cmaissim. 94-69 _7_ 16. Responsibilities of Tenant. Consistent with the teals of this Agreement, TFSIIHf shall emarcise sand business judgemeact, cooperate with CITT, and be open to the CITP16 rye orw and advice. The C1T4'e and T&mhTF's specific resp nsi ities shall include, though rot necessarily be limited to, the follaotngi a. Neiabborhoal. Public pe Qhs and is enediol of the Impact of Facility activities on the inmmhate rei9bLo=inari and surrounding '�,mNS . agees to adhere to Pu the following gu nas: 1. hb Live rece shall siert offer 11200 P.M. unless, Ane to an unfoneeah emergency such as, but not limited w, loss of power, loss of computer support to run the m fuel area, facility accident, or loss of a mil,anre support, races are delayed. In such circmrmtances, TF1WIf shall male r effort to accelerate post tib and to flush cpanating at a msronable tour, in no case later than 12 midnight. U. T@LSlf, in cond ictLg'1EPmiaL's activities unlet this Agreement, shall tale n g stele to prevent dation of excessive noise. For this p rpose, excessive noise shall mean raise of a volume, pitch or intensity lilmly to disturb the peace of ordinary mmpants of raaidmntfal properties Surrounding the Hass Fork Camplex. iii. 1n the best of its ability, � shall ensure that horse trailers and Facility traffic will comply with all applicable CFM rules and regulations. b. Past mntml. TH19N1' shall be xesporm b for all neoeseary pant mM.roL n of am. peat ant tic CITY may vupullr ages W a pmratioeh of annual pest control sexvias. C. The CITY shall be s+ a for snow re ma a services. d. Trash 1+9nwa1. T6N' LLJL shall he reepomsiDle for all wain ant trash ramval services, f siding removal ani disposal of manure. e. Licaees ant IEardTa. T@ANf bhell obr.:.. and maintain all the Fact ant p?onits necessary for the nc es annals sed end the Facility. ate nd to aga Rthe the n y shall licenses ani branch to operate and resole the IYc111ty shall constitute a breach of this Agreement. f. Fined Asset Lxemnrv. T@AM' Shall talo' cumtody hot not ownership of the firm assets of the Facility. ' CITY shall provide TE LIINf with a full and complete vnitten imentory of structures, facilities, amd ispr romans within the leased arm. T&dtd4T shall accept this fixed asset inventory aid may request a physdcal walls through and vorificatim with a designated representative of the =. Proper notations of any discrepancies shall be made and lutialed by both parties on the written inventory. During their period of use, T&0 WP shall assure all .w,:.+o......o and repair mete on Such aPvipmnt. 94-69 -8- g. ©ass Morino. 'die CITY will he responsible for all grass cutting um:0out tta property. 17. . TErANT wi11 insure that adecanera semarity, is available far all events held at the Facility. T@F44£ shall develop, in ccaperation with the Chief of Police of the 8vgor Police Department, a savrity plan for the Facility. This Plan shall outline the levell antl type of seaslty to to provided during racing. Wifanad police officers shall he in attenxlaroa at all harness racing everts. the number of unifomal police to bs present stall be established in rte joint security Plan. In a tion, the Chief of Police of the Bangor Police Department, may, at his d"cration, require T0IIJT1' to provide a higher level of untfonmh police to be piasmt fn order to preserve order and protect lives ard properly. In the event of a dispute harmeen the THAM' and tke Chief of Police regarding tT mmber of untfomed police officers requLnel, the dispute shall be su mitte l to the City Manager of the City of Iargar whose shall be final. Dn if na ed police security may be sulplmerted by using local vent et security, THANF's own security employees, or otter actur ss of sec city service. Toa Chief of Police of the City of Bangor stall retain tie authority to direct TENANT to reeve from Gus responsibility any individual engaged m providing secur'ty, services for any reason. T required sea xity Plana shall ke developed arci approved by TTImmr ani the C1'M within sixty days of the date of agreement. Taiu¢aT stall pay the CITY for, uea of unffomatl police offices at tte same rate Psfeblist i by Gne = for ash services provided to ocher parties. 18. Fire ]9mt2Ltirn. THAM' shall shire by all life safety ani fire Codes established by the State of Maine ani the CITY as inberpreoxi axi enforcel by the Cotleia£orcamnnt Office of the City of Bangor or the State Fire Marshal's Mice. (See Section 5 for =,a responaibility). 19. Bess Park Will. the property upon Mich Bees Park is located was donated to the CITY order certain mMitirna outlined in the will Of S.P. Hass. The Will essentially require that the Bass Park property be,Minn. a i aced for fees Will. rerxavii.mn p reel to CITY will provide TemNT with ami copy of the Bess Will. not t agrees to abide by the Tena anal mditiona of the Will in its operation of the facilities. 20. Payment to the Citv. THANP shall pay tke CPM an amnal base fee Of Fifty Thousand Dollars ($50,000) per year for the right to lease and operate the prenfses. In additlon to the base fes, for each and eaery- mnaaal ysar, THffiNl' shall pay to the CITY an additfmal fee mmeR to Is dat®ninrrn as follows: If the average daily handle for the polar year is larger than Seventy Ihossad Dollars ($70,000), Ge percents amunt by which the TSZMf's avernge daily handle res Seventy Thwsad Dollars ($70,000) shall la mrltipliai by the Fifty T Oasard Dollars ($50,000) base far to det°^"tre tke a oumt of the adlttional fee. THAWT Wall pay to CPM fifty percent (508) of the base fee am mkiitfval fee, if any, on or before March 1st of each year arca Fifty percent (508) on or before July 7th of each year. 21. Oche Payments. In adiltion to any and all payments required else fere in this Agnes at, THW7T Wall pay to CPTy the folladi : 94-69 -9- a. Seven hundrei fifty dollars ($150) per year for use of CTTF provided sin asting equipment. Tf2ffi4di shall have He option to purchase this equfpvaR fro the = for a set, filred price of Six thousmd dollars ($6,000) d riig the tams ani any xsmeosl terms of this Ago rat. If not puchased, Fifty percent. (508) of the Seven leuixerl and fifty dollar ($150) a t stall be due and payable within seen (7) days of the y of racing and fifty percent (508) shall be do and payable on m before July 7th of each tsar. b. Fes' use of the CiTY-ptovlded mater truck, TElARi' shall pay either Tho thoasan i five hundred Il llars ($2,500) per year with all vehicle me aro to be the responsibility of the CITY, or Ra thousand dollars ($1,000) per Fear with TFPIaeS to assume mainTmmre responsibility for the peciod of its use. Fifty percent (508) of the total amwnt shall bs da and payable on or before aw...* lst of ash year and fifty percent (508) shall bs mine and payable on or before July 7th of each year. = will; prw£de the vehicle to TFeFYT in goof working condition, on or abhmt march 1 of each year. C. 1 ty-five perwnt (258) of my payment node to T'EWT urdsr Title 8, Maine Revised Stetutai, Sec. 215-H(3), svmtr-- referred to as the ^comercial vest stiE d", mist be expended by TFIY@1T on facility ivgrzoverenYs during the calendar }ass in which such pay® , if any, is received. 22. Exwaoe Deocait. Within too (2) meals £olfw nq the CITY's first snivel pre-rme i..sP� of the premises, 1_e, by March 1, 1994, '>amFm shill depositw�the CITY the sum of ren Thousand Dollars ($10,000.00) w tald� deposit against the CPTY's cost of repairing any hmrepaixel damage m the promises cased by the TseNMT, dts employees, horsemen, vendors, harness racing patrons, w othors using the preaisss daring the harness racing seemn. Follavfng the conclusion of live racing sod Friar Tn the start of the Bangor Stats Fahr the CITY shall pct an inspeation of the premises as pro;, a in paragraph 5 above for the purpose of identifying any unxepmiraxi damage to the premises occasioned by TfBANF's use thereof. The CITY shall prvvlde T@P4gf with a list of all such itmm of unrepaired darage, which shall ba xqeirsi by'� prior to the start of the Bangor State Fair, or within thirty (30) days of the CFTY's rutice to 98N,Mll', as the CITY may di -t. If not: remi.al by'lELIIhif within such period, the ClIF nay repair ar cause such iteas w w xgnixed, and may apply TIIANS's damage, deposit as nmessexy for that ps.Tose. AB a mnditimr of the amuol rene.•el of this license, TBNF£ shall deposit with the CTM funds sufficbe rt to rests n the damage dapcsit avwint to Tbt Thcusand Dollars ($10,000.00). Upon tsmudm nn or final expiration of this lease, and following repair of all r nrep.'p+ dmmage to the premises occasioned by TSP Is use thereof, the unexpmmkc] balsas of TF2A Is darags deposit shall ba refmvkd W the TFlANF. 23. mdro't: s'm. T'&AtdF shall have the right to solicit and display advertising within and around the grandstand and on the raceney she fenxx. Such advertising mut cayrly with the M ising Policy of do Bangor City Comcil as currently adopbsd m as it may, from mine to tine, be ceded. Any xevenuws derived from such advertising shall hs pocretal between TbxLLLS ami CITY based m the Percentage of time such alvertising shall be displayed daring and outside of TigdANf's perlod of eocupviy of the facilities where such afire rog is present. Any ativertising which will be displayed beymd 94-69 -10- T is period of ccc� must be specifically approved by the CPM. Ary ar ising to be pmvided in echange for facility improverents east be appy by CITY, both m to content of advertising and overall payse or facility iffprc era to he pro i . 24. Sven sigh. CPM shell provide 024ANP with the right to place an event sigh adjacent to the Hasa Park prcgecty at a location na[ually acceptable to CPM and 1IIWIP. In addition, CSM shall mahw space available on the Hasa Park lights marquise sign lasted on Main Street odmrxr possible. 25. �t2vction of or Msior i+emire m the that the leased pxmdses or any part of the leases previses shall he dastrcyi by fire, explosion or Mier casualty, or a need arises for capital �rs so that all or a substantial portion of the leased predses cannot he operated, and the CPM or 1LTAfIP falls to rebuild, ie{+air and raper the sane for bus3rass within sixty (60) days after the happmni g of said event, then either party s ll have the right (but no obligation) to teadnate this A}aaomff. 26. 1Eaniwtigh and )Yfault. If TIIYNf fella to pay or de it awe due within seven days notice of such failh , or fails to ca Qly with its other bligathOOS under the terns; of this Ageanr, and the T&d4PIP fails to cure such failure within thirty (30) days after written notice, which notice shall specify in sufficim t det•: r the specific cixcuwstanoes so m to give the T@iANT math notice ant the opfartvnity to care the same, the CPM vy upon expfrff f of such pericd tmnvate this Agement. 27. M Joint went e. Nothing ccntairad i in shall be � or comtr a by the pYfm, nor by arty' third party, as creating the mlatlaishiP or principal and agent or of Partnership or joint venture betvxaen the parties, it being urderstocd and agreed that neither the method Of crnfmtation of ser nor any othr pmvieiah nor m other acts of the parties stall be demsl to create any relatiaiship beteeen the Parti® other than that of ]arcllnrd ant tenmht. 28. Non-iiaiver. 4be failure of either party at any tim to enforce a provision of this Agreenmr shall in no way cocstitute a waiver of the pr ion, non in any Amy affect the validity of this Ageev t Or say part hereof, or the rigs of such party tteconfter to enforce each ant every Pro✓lsima hereof. 29. 2vvendrent. 1be parties nay amid this Agrement only be written agremmR executed by the Parties. 30. No Asaianverht. mSeANP spall not cosign, sublet, a 11 transfer, or Otherwise dispose of its i,rc t in this Agrement without the prior written approval of the CPM. Ihiv Agre nt shall he binding opus and in...o to the benefit of the parties herein, their successors and permitted assigns. 31. Ser erability. Any pmvisltm of this Agreement declared fn OmlUi by a oast of crmpetsK j `^'A'^^' on stall not invalidate the reaairdrh9 prc isiaa of this Alrement. 32. Caveradna --_. 01fa A1Jremsat shall be govenad exclusively by the pxo i tom hercef ant by the ices of the State of Maine, m the snore may from time m times exist. No suit ahmll he brcug+t by either party to enforce may Of the terns or Provisioner of this Agea(mat, unless brought in the Pencbacot Cwnty, i4aiM District or Superior Court. 94-69 -11- 33. Notices. All notices zequirsd by this Agceeent shall be in writing and shall be sufficiently gives: and se ved party if sent by re9istexed or certified United states mail, postage Prepaid, and addressed ae follows: IF SEW M 7 CSM: Micfieel Dye, G al M ge Hass Park 100 Dutton Street Bangor, M6 04401 MM A COPY 10: Ea Stawfel, City SOLcltos City of Bmgor 73 Harlw street Bangor, M 04401 or at such other place as the CSM may, frce thoe to time, designate by notice to �. elMH A W Me Tkfa93 P. Shahan, Sr., Esq. 185 Harlan Street Bangor, ME 04401 or at sooh Wei place as T&4ANP may, fine tine w tdme, deslx ate to the CPPV. 34. hReotatia:. Sus Ag� and all .p.,� ani �ts hecto embody the entire agreeent of the partfsa relatla to file duties and Wuigations inquired heaaMec. Thele are w prmdses, tam®, ccedi. ,cros or Cblicptla War than those amtadnai herein, and this Ag�t shall supersede all prauws or agrw' eit peal or written, between the parties heretq. IN the parties have respectively eracutad a caused this Agree nt to M e>sndeal this day of 199_. By: fdwavtl A. Barrett, City Metwgaz' By: Fred Nichols MEMORANDUM T0: Bangor City Council FR: Erik M. Stumpfel RE: City Council Agenda Notes for Monday's Meeting DA: January 21, 1994 CONSENT AGENDA These items are routine. Councilor Tyler should abstain from voting on C.O. 94-75 and C.O. 94-16 (Bangor Hydro Utility location permits), due to aconflict of interest. Councilor Cohen also has a conflict of these items but will be absent. REFERRALS AND FIRST READINGS The two referral/first reading items on tonight's agenda are procedurally routine. C.O. 94-66 (Ordinance amendment - licenses and permits) will require five affirmative votes for final passage. Please note that if the Council agrees with the Finance Committee's recommendation to approve -version 2", the Council should approve C.O. 94-66 as printed in the agenda packet. No amendment is necessary. C. 0. 94-69 would authorize the City Manager to execute an agreement with Fred Nichola for lease of the Bangor Raceway. Ed's memo to the Council indicates that additional changes to paragraphs 15 and 22 of the Agreement may be necessary prior to final execution. Accordingly, C.O. 94-69 should be amended to read as follows . "ORDERED, that the City Manager is authorized to cute a contract with Bangor NLstoric Track, Inc. for the operation of an extended l be in aracingform meet at Baas Falk. Such contract shall be in a form substantially similar to the draft `Bangor Raceway Lease Agreement' attached to this Order, and shall incorporate the terms stated in One `Contract Summary' attachedchedhhereto." C.O. 94-71 (Fees for accident reports) is procedurally routine. Note the change in the item as printed from $.50 per page to $.25 per page. if the Council agrees withthis change, it should pass this item as printed in the Council's agenda packet. NOR BUSINESS The Council Chair may wish to take up Council Resolve 94-82 out of sequence, following referrals and first readings, if a presentation to the officers concerned is contemplated. Councilor Baldacci has previously been found to have a conflict of interest on items relating to the Bangor Waterworks, due to his brother's involvement as a principal in the Bangor Waterworks Associates, who previously held a development option on the Waterworks site. Given that the Associates' option has expired, i do not believe that Councilor ealdacci has either a financial interest or a special interest in the subject matter of Council Resolve 94-83. For purposes of public disclosure, however, statement should be made on the record concerning the expiration of the Associates option. The remaining new business items are procedurally routine. ZS. E.E. Be: City Manager City Clerk 99-G9 /n 1p 1-24-94 �P E E reuse AcaE�nm r Thfs �, made a entered into this the _ day of , 199_, by and between The CTTY of BAH p a m ci�l corperati.ai orgazttzed antl existing u a by virtue of the laws of the State of Nb ne, and located at Bangor, Pvnbacot C ty, (hereinafter referrei to as the �1TY"U and BMYLSF HIS'1DEIC 'IINC1C, ItL'., a N 'ne „^^^+ate , . doing ]Tlslness as &]ngn' Eacausy (hereinafter referred to as "TE[NNP^J. WITNESSETH• Wf�A9r the = be the Darer of a harness racing facility located in the City of Bangor at the CTTY's Bass Park Coeplex; a �, the T@RNf w bas to lease the CTM's harness racing facility for the � of an aRarled hameas racing met raring the caleniar 1994 and sutheq ent satsons; NOW, TtffiFBEYYNS, the Parties FeieFn hereby agree as fol 2 . I. Premises. The C11Yr for � fn consfdeation of the rents to be paid and the obligations to W perfoared by the TEPmwT as hereUefter provided, roes hereby demise aM lease unto the T@WNP and T6WANT roes hereby rake aM hire; ¢ a subject to the terns and conditions Teraina£ter statai, in their presets physical ccnditian, and for the periods heneimftez stated, the feller g described premises and facilities located at the CITY's Bass Park Ca lex, as furUhmc desigre in the sketch attached hereto as "Exhibit 1": Area Gates v k March 1 rLnwgh the Smrc y prior to the ging day of the Bangor State Farr Barre March 1 through August 31 a a ruble period before March 1 for preparat p oees- Tcaa ar Park March 1 through the Sludgy prior to the ;,.g of the Hangar State Fair <,tendstaxd March 1 through the Svdey prior to the o[ ng of the Ba pr State Paii _2_ TM track, trailer park, aM gmmMs as dell as parking areas axe spsci£ically xeceo9aieed as joint use arms as follows: a. earklw nx vs. Pazkin3 A a will be available for use by haxxmess Yacug cus� as dell as cus� of otter everhs Feld at the Bass Park Caple on a fin tc , £iat-sexved basis. b. Trailer Park. Tne trail¢ perk a as will be available for use by inlfviduals assoclatei with harass rwi g on. a priority basis for the period F M ch 1 through the &Z�y before the ops of the Ba px State Pair. Any ionised elate will be made available for elm m=m use by Danes with the rnservre. from these users to go to the CPM. C. Trac: and QandsG . TM track ani gva mx rl saes shall bs available for use for -other events prior to The dad of xamencmuK of the banes racing ceet. The track and �andswd shall also he available during the ra-z meet on non-xacu days and after roc on any xacug day � Toting is norelly scledulei to ad by 6:00 p.m. S uses ffi l I le permitted pv vid that the ssack shall not be closed to borees for more than three days in airy' geek Exam April 1st to the date of ccmumrammt of the harass racing mit and no moxa tion one day M any week during the harass racing meati. It is mxcifically recognam:l that TBM Ims agreed to allow an Antiquefest to le held on May 21 and May 22, 1994, ani the CITY hereby reserves use of the track ami grandstud facilities for this event. 2. 1 . M HAVE ABM A HOED the dadserl p¢� unto the TEKaNf for an annual tea camencing January 1, 1994 aM ending r 31, 1994, PPOVIDED lum+ei, t t T9iANT's oampanry and use of m of the facilities dacriL d a shall not begin prior to or eMvrd beyond the Periods satal In ^oection 1 above. This agreamst may >e xa mmmally fox four (4) additioal on -y ter¢ renewable amorally u mutual agmarent of CPM awl TEWgTf. For the p se of anmal senwal(s), the CPM atoll not require additional rental intoe over ami a all amcmnrs derived fxvm t forulas stated elsewhere within this Agraere:t: 3. Aeir_aal. T 's right to Yarw shall te enarcfsai by giving notice of renexl th the CITY in writing no later than September 1st preceding each xeere team. Following r eipt of such notice by CITY and within thirty (30) days tlsaeafter, CPM a TE *MtdP shall meet for tM p xpose of discussing ramal of this Pcyeare t. In tie event the parties axeunable to agxea to such zmawal. rearm within forty-five (45) days of the CITY's receipt of TET is notice, this Agr shall be deaoed to have expimd. T£STNT sball not be a tled to xenpa this AgreOlent, if TE6TNf, at the t of Teem is xemaal notice, shall be in default of any provision hereof. At rte conclusion of the five y potential teem available under this p nmusion, the CPM may agcee, at its option, to a furiter �ion of this Agxearent for up to an additional hods (3) year period pawl t -3- a. has conducted a harness racing vest casing each year; aM b. TE[WNf has consistently fulfilled its obligations anter this Agseehent and has not defaulted on its lsaae paynents or no:�to.. ro responsibilities at any true during to anginal and renewalterms of this Agceerent; and C. TELaMf has expended from its own funds a ndmimmcn of $100,000 for facility t-= doing the original and recon l leans of this A¢e.TQ11t. The procedure for additional renewal periods shall be the same as oStlineci above for annual renewals. 4. Existuc Facilities/Pdditione and C1mwco. lb building or facility or any, physical Changes to any existing buildings or facilities may be Constnsted[ without the express written comment of the cTEY. such consent shall not he unreescrobly withheld. hIDvevec, the CITY may wnthtald its oreaht to any additions or changes Which, in the sole opinion of the =I, would have a negative uqpect on the use of the leased facilities for otMr events and purposes, or on the structural integrity of any building or structure. All adddticns and changes shall be made in accordance with T]he app priate building axi develgamt codes, and mHstif shall be xgpusible £or all necessary permits. It fs urdera[cod and agreed that the CITY stroll resets the legal owner Of all buildings, st uctures, Lhquwementr, facilities and installations currently upon the prenises or which may be erected upon the preei.aes dardag the tern of this agreement a any extensions or renexals hereof. Equipment sensed aid installed by TEE@NF shall become the property of the c Where such equipuent becomes attached to and a fieri el nt of aty building, structure, or facility. 5. Maintenance and Ivorovements. TEtNMf shall, at its sole cost, Provide all necessary naintenance and repair of the exist ng facilities, excepting the ani repair required to bring the facilities under lease into corgA anoe�with existbg life safety codes Which shall he the responsibility of the City. TEMgNf shall maintain the facilities in accordance with first class sracluds comparable to other facilities in 16i.re soul Maw England. The = and its designated shall have a right of access to inspect Promises and facilities and to order wuective As formol inspections of the previses shall he m \eted almually Oft Co about March 1st and d rtng the week prig to the opening of the Pancpr State Pair. The prrpose of these imspectfons is to insure that the facilities are maintavned fn the same or better cadition as a 'stsd at the start of the Agreement. In the event T@AMf falls to nate repairs or to keep the facllity in a safe ani sardtary condition, CTM shall have the right to enter upon the facility for purpcses of making repairs and to Charge the cost of such repairs to TEnmiaY. Failure to adequately vointaia the facility will be a basis for default aud tsxs natirm of this Agmeresat and forfeiture of pecfosauce lead. It is anhlcipatsd that the CITY will participate fn the cost of tettenrams or irigrzvuamnts made to shared -use facilities Wee such work benefits events or users of the facilities other than harness racing. TEMidF shall forward requests for such �ts or bettemeente to the CITY on an annual basis, on or about March tat of each year, for consideration in the =Is annual budget process. 'These requests may include requests for propoxttamal reivtursarent6 far bettenoarzs already Performed by TEERMf. The coat of such ingxovemms stall 1» shaved m a 50/50 basis cr each otluer kasis as nay ]s selarately negottated subject to City Council approval o£ the expemliture. Tine CTM may, at its om cptim, elect to proceed with its oxo hsttenurenGs Or itRnova nts to staved-uae fxilities wM_rn such work shall rot have a negative inpa m harrasS racing. she CPM shall Uuf T@dANP in sArarce of plawiei Liprrn'arents aM shall cmxdu tba their schedule with TEtWSll in order tO mixdmise theiss import m tanress mcing. � m y, at its oan option, elect to pmcesi with its awn tettenrents or U � to abarai-vee faciiitiee where such work hay been previously appxmed by the CPM for crosiructimi but rot for sharer-fivling. 6. Zmir Amird uses. she primary use of the leased facilities will he for harms ra aM dfisctly mlatsd activitf arch pr®otions. Simulcasting shall he alloasd as a supplment to a live mciml card. Other horse related events such as hm_se shows, Bales, and h netrati are ps i.tted. raem such evauts c«.vr m a swdulore basis m the leased facilities and during TFAARP's acutancy pertttl, � shall le appa+ tetxcen the C= azd TEf'IISPP m a 758/258 Iasis with the larger portion ping to the entity eilnich identifies ml brings ilia event to U facility. ]. utilities. All utility expenses ivsluding water, elxtrical, t lep' , se,.er aM caste dis sal, required M o to ttw_ leased facility, shall. be paid by the i'EIANf. T6tANP shall pay Cm for all City-providal utilities at the same rates the CPM Charges similar cvsirners. hen CPM aM TFdAM' shall agree to a utility metering a or coat alleeatim plan which will be ingrimented prim to ranch 1, 1994. Tne paPose of this plan is to pmvide for a cmt�£fedtfve plan for either separately metering the facilities to be used fox racing g ly allocating utility coats lased m actual use for racing aml otlur �auts. S. Tanws. Iicemees and yeas. TanaxT shall be reapwmible for any and all tam aM all required licenses aM fees to operate the Facility. 9. I '� ifimtim and 1Taurame. 'hie T13AtIP stall �fy, defend, and Mld hansless the = fv and against all claim; aM xttws, and all expaaes incidental to such claims or scrims, based upon or arishg wt of damage to property m injn to persona m orhe. textioue acts Caused or cmtr ted to by the ISNNVP m amnrme acting m its dixeoti or C l at in its behalf in tta course of the T@d is activities wrier this �t, lacvfdei lbs 'f FT. IAIaf's aforesaid Uxlem ity and hold harmless any.'eerent shell not be aPPlicable w my liability lased upon the sole negligexe of the CITY. 2ha 'lETWNf ler expressly agrees that it will defemi, 5ndamuify and told the City of Bangor hawlses fmn any ml all claims made ox asse by. TENANP's agv , servants or eiployees arising mt of m®V is activitim I= der this acy e - For this a TklUmil sl xaives and all immuLL it 's 4brlw Pot in record to such claim nada Or aseeriffi by Tn'NANf's scents, eeLVanr Or leo 11a Sndemufimtim provided wrier this paragraph shah], extend to wd include any aM all costs incutved by the CITY tO aumver, Snvesifpte, defend and settle all Such Claims, d Iudvg but mt limitod to the CIM's costs for attovpey fees, egert aM 0t witness few, the cost of dsmtLgators, aM p t in full of any ad all judg a rendered In f r of T8w is agents, servmm m aplo]'ees ag t the CITY m mga to Claims role ox asserted by such agents, servants, or eip10 . a. I connection with the eploymnt of its eiplayeea, THmNt stall pay A' applicabhe ercial sa:urity,nmp vent, Work=,aq , or other agloynent taxes or contrfbuis of insuraree arch shall coply with all Lederel and state lmus mi reg.l atima m ati:g to elplolnent gemrally and to wages, sccial security, uraplcy t lMLreM.B 8IY1 work ' anQR(eat bm in p3rCicnlar. 1'QLAL'tl' Blldll imdemffy and hold flees the CPM frau all costs, expenses, claims or charges resulting from airy failure of PFM4dS to coo ly with these reqW.�is. b. matmxt' shall Procurre ami maintain c®p rehensive g� liability liability insurarce co LWialf of the CPM agavet wry dmmge, loss or liability or claims alleged to have arisen from the use or occupancy by SPAT of the xaausy and related faciliti.ee. With respect to the requi tl ins'ucarcc, CITT shall to mai as an ahfitinnml insurmd; W provided with a waiver of subrogation in favor of the CPM; and shell be provided with thirty days notice of cazesllaticn or msterial change; and shall be provided, through the Office of the City Solicitor, with rerti£icatee of ineisance evi ing the shwa sluiced irisuraxce. 9s cost of such insuzanceshall be paid directly by T@lAM'. Phe CPM reserves the right to ince Snsursrice levels at the tine of any contract eK efov or option rereel. Tre e ts of such coverages shall he as follows: 1. worl�xs' Cvapaneation - Statutory Pllploywrs Liability Z. Caignrehensive Public Liability to in 1but not be lkdtai to the following: a) praidses/Cp r tfae b) :.,nme..-te.n contratur C) personal inj:ay average d) pcodst/Ccvpletci operations e) ccntractusl liability $ln canUinod single limit $I carburet single limit with additinot lesss ththan policy for not an $2R4 3. a.mrcx l a Acta cbile Liability $1a1 codon ] single LW it coverage to Include croserage for: a) cwt/renrtsi autwmbilee b) non a +. ,.�.•n.n� C) hfrsd cars 4. Stam3artl Form Fire orAll Risk Replecemt value In. arcs lblicy shouM PQAMf desire, CPM will entertav: a. rpt that Fico or All ' Risk Inmmarce he providef by the CPM and shall he Staid, on an agre pro -rata basis, by PCRWIdf for those periods in which TOANf occupies the prsll es to the or other loss or tlm ccu to wry prom o£ the lessen pi9ntsee dre to fire or otter casualty occurring durirg 1kSWMP•e use or occupancy, or occurring after •'sages use os occapantr ae a result of the negligexee of P or o t hel's agents, servant, contractors, t a�ploye s, xmpl P shall reistvrsg in ttre CPM wry portion of the CPM•s cost of replazing or 'sPalrlmg its rem.r=. facilities cvncercred that is not mimbursal by applicable fin: or all risk insisance. -6- Each ins¢ance policy proc" by THAM' shall af£iusatively state that it will not be invalidated becmhse the inuursd waive] its rights of racovexy against any party prior to the occurrence of a lass. 10. nmalovees are lnieoeMent tbntxact mEtu4lf arc] its avlo shall operate w an v+N � operator and neither TEBANP xor TH is amplcyees small be deemG in ant umuier to be agents or en loyeas of the CPM. Tthe CPM shall not to xwpmaible for TBt&Nf's financial obligations including, but not lima to, salaziw and wages earned by evploy, , purse dlstrllwtion aM prizes won during the course of the racing t or amounts due to ' contractors, horsemen, vendme and patrons. 11. G iamce with Ias. TBPANT will cmply with all foists], state and local statntw, rules, ord nam arca regulatiom as they slats to the operation of the racrsy and related facilities. 12. Non-Diacriminati[n. In cmductIng activities order this Pyrearent, TEPWNP stall not discriminate on the taxis of race, color, sex, creed, religion, ancetry, nati®wl origin, age ar disability, or in any other nammr prohibited by law, and shall not fail or refuse to hire an a ployae or accoffi adverse, or unequal tratmnt to vry person or eiploy with respect to application, hiring, training, apprmticeship• Tenure, prvrotian, upgrading, co�atimn, layoff, discharge or any other teem or rnMition of eiployment in any narcier prddbitsi by law. 13.Cam. THANf shall have The exclusive right to sell alcoholic ba g on the leased premises during THANP's occupancy thereof and shall have the right to operate or let all food and drink concessiow at the .raceay estate the provision of such services 4s for a racing event aut oriaei order this PRaerent. CPM reserves the right to provide these services arca concessions for any event sponsored or pernutted by the CITY. - THANT may tee th� rights dim-tly or through an. atg m with a reputable area cmcessim>;b acceptable to the CSM. Should a cacessionaire be sel coni, the concessionaire hmat enter into an ag� with the CPM for the vee of any concession equipmnt or supplies oxned by the CMY arca for the provision by tM ccncessfmaire of ivrvaranoe acceptable to the = aM the of neoessary operating license, including a lice for sale of beer. The CITY swerves the right to segvira a reason b pa nt for such equfpmmnt and supplies. 14. Pmrchace of Citv Pnoe . THANP shall pachase all nnh,.te e materials and supplies on baht a� a tl by the CITY at the tin THAM�m assures operation of the raceway. Price will he based wn actual CPM costs. 15. Bond. THAtS shall provide the CPM an acceptable coxpozate surety bo i in the pare] sem of $30,000 payable to the CPM, or srch otMr sevrity as is acceptable to the City Solicitor, for the faithful Performance of all duties a 3 obligation imposer] upon TEM¢m by and under the tans of this elrycffiaR. The CITY reserves the right to remdSB an in x the mvrnmt of this Coni at the ties of say mRmisicn or option renemal of this ngreaivht. Such fncmase stall be limited to no more than 25% of the mount in effect at the time. sad or other acceptable s ty may le provtde3 within tan (10) days of mrard of extended racing seat ]Scalae to TElANT by the Maine Harness Facing Cmmfssimn. In addition to serving w a perfomance Lund, this a t, if pro i in an apprcgriate fora acceptable to the City Solicitor, shall also fulfill the xeg�t mutli i in S ctlon 22 irises for a Dmi Deposit. Acceptable security shall incld an faevocable letter of rp+;t or a cash deposit. -7- 16. Fesmiu^fbflftias of Consi°rat w1thtM ienos Of this Agxeerent, TEnmeac shall emsise 6ourci business judg t, cc p "with CFM, and be open to the CSM'S xecanmdations aM advice. Tta CITF'e and 1EfANf's specific xespOnsibilities shall imlulo, though rot n sarily be limitsl to, the follo g: a. Neiotzvrhood Fablic Relatf arca Pmfation. TFNART i6 minds l of tM_ uwa of Facility activities on the imax]fate reigh�rhmd ffiId rnn M: aLP3. TFNANf agR'ea toffiAeLB to the following guidelines: . m live race shall start after 11:00 p.m. wl , doe to an unfoxesesa a such ae, but not limited to, loss of pxer, loss of crnputer support to run the >mztvel axes, facility accident, or loss of motularce supp=, races are delayed. In succi ci cimst Wr 1EeWNF shall male? every effort to accel.emte post tiros aM to finish operatix at a xeasouable tour, in no case lac than 12 mide ght. ii. TE +MNP, in mn&=tim TF}PNF's activities ,aekr this Agsegrent, shall take necessary steps to pe gererati.mi of noise. For this purPvse, a sive mise Shall >oear: mise of a valwo, pitch or iatssity likely to disturb tM peaces of oxdinary oscula of tea Hass Park Crnp . iii. To the best Of its ability, T2nmNf shall ensure that h e trailers aM Facility traffic will n ly with all applicable ci= rvles and reTd tions. b. Peat Control. T&II4aP shall be risible for all necessary lest control services. T2lmNT arci the CPM may mutually agree to a proration Of arcual pest control services. C. Smw Famval. the CPM Shall be responsible for smw xamval d. Trash Raroval. 1FNISIS shall b=_ xespaaible for all waste and trash xaiwal aeroicea, imluding xamnal and disposal o£ e. bivBdtBCa and Permits. TEfANP shall obtain find mauRain all licemaes and pemdt nsessary for 12nmNP to mazage aM operate the Facility. Fai to mafntain the necessary licmaea aM pe..n;ta to q ate arch manage the Facility shall constinee a breach of this Agm ant. f. Fixed %sed Lrve,rc rv. 1EtW.T 6h811 tali custody but mt ownashfp of the fixed asset of the Facility. she CSM shell providehAwNm with a full arch c®plete written: imreMory of 6tnxtures, facilities, arch .inpxW0R3lts wither the leased axes. T&iAtlf Stall acct this fi i asset inventory e i say request a physical walk thr a verification with a designated representative of the CPM. Proper notat Of eery d:arrma shall be made and init el by icth • *tim on tiC vsittm imen . acing tlwir period of use, T¢aNP sha11 assure all maintaanoe mi � coat on ouch ego Fp . ME g. Grass Clrctina. The CITY will be reslonsihle for all grass cutting throng taut the property. 17. . TEfRMT will insure that adeg x secamty is avaiLIDle for all eoants held at tha Facility. 1ENNiP shall Uevalop, in cooperation atton with the Chief of rolice of the Bangor Police Wim, a sorority plan for the Facility. This plan shall outl me the level and type of security to be providetl during racing. Uniformed, police officers shall be in attexlance at all harness racing events. the nunber of unffomed police to be preeent Shall be established in the joint security plan. in addition, the Q f of Police of the Bangor Iclice Department, may, at his discretion, require T@PHT to provide a tighter level of anifaa ed pilice to be present in order to preserve onier and protect lives and property. in the event Of a dispute Isnoweset tke TE5 Mf and the Chief of Folios mgardug the number of unifomsl police officers required, the dispute shall be sobaittei to the City Manager of the City of Bangor w a detsvmnation shall be final. u nifoammxd dice security may be supplerent d by using local contract security, T£S@Slf's am security emplcyees, or ctTar scarves of security =ice. '&me Chief of police of the City of Bangor shall retain the authority to direct menmNf to reswa fxan this rsspmeibi.lity any individual engaged in providing security services for array, reason. The regmimd senrity, plane shall Is developed and approved by T@IlNP and the CITY within sixty days of the date of agreement. TENMaf shill lay the aw for use of uniformed police officers at the save rate es rblis by the = for such services provided to otner parties. 18. Fisc PTT tim. TtsTNS stall abide by all life safety anti fire codes establish i by the State of Maine and tha CM as intezp.eted mW enforced by tFa Cora' Sn£oxcumnt Office of the City of Bangor or the Stats Fire Marshal's Office. (see Section 5 for CITY'S responsibility). 39. Bass Park will. 'fns property upon which Bess Park is located was a natal to the = under certain cmditions cutline] in the will of J.P. Bees. The will essentially r quire that the Base Park property be naintairsmf and used for public recreation purposes. crrr will prouder TENPNf with a copy of the Bass will. TEMANf agrees to abide by the rearm and corclitione of the will in its operation of the facilities. 20. Paxnant to the Citv. TEMilTP atoll pay the C1TYan amuel }use fes of Fifty Thousand foliate ($50,000) per year for the right to lease and operiOa the pranises. In addition to the lase fee, for each and every rennevral year, TEPlAMT shell pay to the C= an addptional fee amount to be aetermminei as follow: If the average daily handle for tlw; prior year is larger then seventy Tiwusanrl WIA ($]0,000), the percentage anmcont by which the TBBAMT's average daily handle euoaxls Seventy'lhwsuxl Dollars ($10,000) shall i narltiplisd by the Fifty T1cwsarrl dollars ($50,000) base fee to c1axmmine tier amount of the additional fee. TFamxr slall pay to CITY fifty percent (509) of the base fee and additforel fee, if any, on or before March 1st of each year and Fifty percent (509) on or before July 7th of each Year. 21. otn Pavmerts. In addition to any ani all payments required sleoters in this ngreenent, TeemwT sill pay to CM the followings go a. Seven hirthol fifty dollars ($750) per year for use of CPM pmvidai simllcasting sluip t. T&WMr shall have the option to pschase this aryip sat from the CITY for a set, fixmi price of Six thousal dollars ($6,000) daring the terms and airy ramal Tenn of this Afire anent. If rot pnchaeed, Fifty percent (508) of the Seven hxlrchBd add fifty dollar ($750) amrmt shall be due arca payable within seven (7) days of the cmmacment of racing and fifty pereent (508) stall be doe aid 1 Yatie On or before July 7th of each year. b. For vas of the CPM -provide] water shell Lay either Two thousand five huMxH dollars ($2,500) per year with all vehicle maintxranue to be the respx%sibility of the CPM, or One thou l dollars ($1,000) ler year with T&IINf to asswe . maintenance responsibility for the period of its ase. Fifty percent (508) of the total around shall f due arch payable On or before March 1st of each year and fifty paxcaR (508) shall hs due and payable on or befoOe July 7th of each year. CITY will provide the vehicle to TB[AMr in good waking oorclftion On or abca t March 1 of each year. C. Twenty-five perasnt (258) of any piyaent made to TEemMe uMer Title B, A Idrvised Statutes, Sec. 275-H(3), sometimes referred to as the "crnceroial rest stipend..oust to experc]ed by T&VAMr on facility vopv areuFs dosing the calendar Fear in which such payma2, if any, is xecelvai. 22. O oe IYrosit. within two (2) seeks following the C1TY's first amoral pre-rwe inalectinn of the pranises, be, by March 1, 1994, TCTAMr shall d1 It with the CFM the sun of Ian 9nusad wilars ($10,000.00) to be hall by the CPM as a deposit against the CPM'6 cost of repairing any + damage to the pranisea causal by the TBNAMP, its mployess, horsea en, warns, less racing patrons, or others using the predses during the harness racing season. 1'011aaing the conclusion of live racing ad prior to the start Of the BagOr State Fair, the CITY shall rorcAet an inspection of the premises as provfdai in paragraph 5 above for the purpose Of identifying ay unrePained damage to the premisss occasiontd by T ffr's use thereof. The CM shall provide TmnmMl'with a list of all such itere of ��+a+ damage, oddch shall to xepsimi by TFH9Mf Prior w the start of the Bogor State Fair, or within thirty (30) days of the CITY's notice to TSM40r, w the CITY nay direct. If met repaired by T8[YIMT within such period, the CITY may relxiis or cause such halm to he repairrd, aed may apply TFh19M's damage deposit as necessary for that purpose. As a cvMftion of the arcual renal Of this Licen. , THU,Nf shall deposit with the CPM funis suffbtient to restore the dare deposit aromet to Tsn Timusami Boli ($10,000.00). upon termination or final expiration of this lease, ami following repair of all ur¢epaired darage to the pedses Occasioned by IH[sMF's use thereof, the unexpe balance of IFPAMT's damage deposit shall de reflmded to the 7B[aS1I. 23. advertiaino. IB'MNr shall have the rips to solicit and display advartiSng within and aLOaYh the grendsTard amtl co the raceway shads] fence. Sieh advertising most cmply with the advertising Fblicy of the Ba pr City Council as currvItly adopted or as it may, from time to time, be amended. any revermes derive] Iran such advertising shall he posted between TBIAMr am = bassi On the percentage of time such advertising shall be displays] during and outside of TeNaM's period of needy cy Of the facilities where such advertising is pves t. Any advertising which will be displayed beyond -10- '1ESAMB's period of occupmxy met be specifically appy by the CM. Arty �verc;su,g to be provided in enrba for facility inpxoveianLa vast to approved by CITY, both as to content of advertising arca overall payments or facility '�...,.>�-.e to be provided. 24. Er>ent Simi. CITY shall prwida TffiffiN£ with the right to place an event sign adjacent to the Bass Park property at a location mtually acceptable to CPM and 1'SWNl. In addition, CTM shall uske sproe available on the lass Park lighted naxquise sign located on Main Street whenever pass ale. 25. Beatnetion of or Manor Remains to the Prauises. In the event that the leased preauses or any part of the leased premises shall be destroyed by fins, explosion or otter Casualty, or a neei arises for substantial capital imgmovao°nra so that all or a substantial portion of the leased premises carrot to operated, aM the MY or =RT fails to rvSuild, repay arcd reopen the smie for business within sixty (60) days after the happeniW of said event, then either party stall have the right (tut no obligation) to terndnate this Agceaient. 26. Tesdnation amud lefault. If 113Q3If fails to fay or deposit sum due within sevav days tatice of such failure, or fails to comply with its other obligations aN¢ the resod 0£ this Agrearent, arcd the 'ffivAhff fails On cure such failure within thirty (30) days after written notice, which notice shall specify in sufficiat detail the spa ific c',....eta.,..oe so as to give the TEPlaMT adequate entice and the opportunity to cure the see, the CPM may upon expiration of such period terminate this Agearent. 27NO .point venture. Nothing mntainsd hernia shall be deemed or construed by the parties, nor by any third party, as cxeatirg W relationship or principal arca agent or of .Partnership Or joint vesture be� the parties, it being urclerstwd and agoaad that renter the vethod of crngatation of rent nor any ocher provision nor any otl r acts of the parties shall be demred to or ets any relatimehip bet.,evn the parties other than that of 1am'Mrnd and tenant. 28. Mon -Waiver. The failuns of either party at any time to enforce a provision of this Agmermt shall in no way constitute a waiver of the provis£on in my way af£at the validity of this Agrearent or any part hereof, or the right Of such party txe.a.we. to erSozce each arca every provision hexslf. 29. AmaxAmt. The parties may averel this Agaa amort only ha written agnsomnt exenrrsd by cbe parties. 30. Mo Assimment. ThBAM£ shall not assign, sublet, Bell, transfer, or otherwise dlsleae of its interest ut this ngrcao-oct with t the prior written approval of the CPM. This Aagassaznt shall ba hi ling upon sd inure to the h:enefit of the part:ao hwxata, their successors anci p®m.ftted assigns. 31. Severability. Any provision of this Ag f declarerinvaltl by a cast of cmgetent jurisdiction shall nat in a (tate the remising provisions of this A.grement. 32.ninc Taut This Agreerent shall be goveaed exclusively by the pmviaiore hansaf ami by the laws of the State of Mame, as the save nay from tip to time exist. NO suit shall be brought by either party to enforce any of the teams or provisions of this Agremaat, unless brought in the Fmehscot Couhty, Maine District or Superior Court. -11- 33. lbticas. All entices xequi i by W A9teerene dell ba iN witing and shall be sufficierrtly given ad sexual upon the o [arty if am[ by xcgiate+w or rn.r'£iai Wf States mail, Postage prepid' aryl addressed as follows: IP SENf 1C) 1BE CSR'[ Michael qct, r ro,� Manager Bsss Park 100 Outten Street eaamx, FD? 04401 WPMiA Cly TO: Erik Stmvfel, City Solicitor City of Hangrs 73 flailvu SYie¢t Bangor, ME 04401 of at such oucx Place as the CPM raptf vn rice Tn time, designaTe by mLi.ce to TElANT. IF SENT 10 1F1E '@PNl: Har:gvr Persue, P.O. Box 614 Hangor, ME 04402-0614 W19iA COPY 10: 14ares P. Esq. 195 Harlan Street B p , ME 04401 or at such other place ae 1'@TLIP may, frrn: tine to tv.w, designate to the CPM. 34. Inteazation. 1iLLe Agmarent fed all appea ms ati mets to;retn cnb�y the entire agreeeat Of the Psrt s ralatiml to t duties sed obligatimia xeq,:.w m Prasfses, teems, conditia:s or obligatiam: other then those care iced lexc_tn, erd this M3� shall supersede all Previous c®muucatiam, repartatiars or ag�, either oral or written, ben, n the ^�es beret . IN W1TNE.SS NEoF, the P+*tee have agpectively executPtl or causai this Agw to bs exav this day of 199_. WPINESS[ C= OF EAKaJR By: EtAmxd A. Barrett, City Manager ly: Fred Nictnls