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HomeMy WebLinkAbout1991-04-22 91-178 ORDERDate hza-91r'Urr Item No. ni_vjL apregf, eu xziriq ®Raiafm of ConQecY with [Nitexi gotes fox Item/Subject: prrsvN� caf Wagerug lbFstea at Baez Falk Responsible Department: [sugar Commentary: Dee[ the last few ysare, Ne City hall had. a contaart with United lbta to lame a rmgecLg syel:cgri at Bases Perk fox co r bataces xaeisri nest. aeop this year's �i®, Dvle rIDexiault Lae ccxrft vm Url Tete and xe9uesT¢i a quotat fox a mle-yeax mCmreion of Nat connect. BiaLbeci lets has pgp a N extalti Lill cuaart contract for ore aiditi eaL y . The Base Park c ftTaa bas mvi aM recmmatled approval of Ntis eztamims. Na woultl request [int the full Courcil autlmris:e us N eatmed tgva mntmct. Dep,tmmrum j Manager i Comments: CYy Mnruger Associated lnlormmion:Q Budget Approval Fico nOirt<ru Legal Approval: _ City S i<imr Introduced For 71 passe" ❑ First Reading page— of— ❑Referral 91-178 Assigned to Couvdlot Frankel, April 22, 1991 CITY OF BANGOR (TnUJ (Pr1}Err......_..._t,utlnriztng-sxtenyion-of-mnemx-with-lmirm mote for Pmyisicn of Wagering Syah®i at Ease nark By W City Cosxei! of W City of Bawer; ORDERED, TBAT tie D r of Forks and � as hereby aueroci:m to enter into a eontraat which extatla the existing contract between tim City of EanPr aul Invited Tote C� for p lsicn of w irg systaie at Peas Perk. In City Comail April 22,1991 Pae d L city Clerk 91-178 ORO ER rine, Authorizing Bxtenaion of Co raet with CrAwk .XOM far, PFOVAP, Of h'awka. System at BaoB Park .......................-....... I........ �y,� � Axip,ed ro Cawcilmen' UH/TED TOTE Uaro0e0 k& April 2, 1991 mea°e CWk 5900) Mr. FEDERAL E REBS Mr. Dale W. Theriault ms Director of Perks & Recreation City of Bangor ew.d, Me avalWMen City Hell 9999 udmem m,..,m 72 Harlow Street sa�o're0o. cs�mm, azo, Bangor, Maine 04401 MM 2» 6 Re: Extension of Totalisator Service Contract un.m ewkmeI s.mme Dear Mr. Theriault stn �nlatlmpe eons"e NBnge' °e'AB1 Iso, Pursuant to my instructions from Dick Pollard enclosed please find u�cccc°� 04ffn two (2) copies each of alternative forms of an Addendum W the Service Contract for Hangar Raceway. odes mm ams I= 05 in S. s 69 a.«i As Dick indicated to you, in casae where the present track operator Wax.e u eee.e°e°{,.s �, is centemolating the eels of the operations it can be advantageous �leearm to have allong term service contract with favorable pricin sn effect awi Weans as an inducement W the sale. For that reason, one of the forme contemplates a fiveyear extension at the came pricing while the other form contemplates only a one year extensmn at the same pricing. If everything appppears satisfactory, please have both copies of the tppmpriate addwdum you select executed by authorized offc rs of ae City, and than return both copies of that addendum to me. I will obtain the necessary signatures on behalf of United Tote Company and forward a complete copy to you far your files. Please let Dick know ifyou have any questions or comments on the various provisions of either form. Very truly yours, Dave Mnnard General Counsel M: Dick Pollard Woods.) ADDENDUM TO SRRVICECONTRACT THIS ADDENDUMis made end enteredinto effective the let day of April, 1991, by and between UNTIED TOTE COMPANY, a Montana corporation, with itsprmdpal ofices located at 10115 Cabin Crack Road, Shepherd, Montana 69079, hereinafter referred to as "United Tata" or Company+' and the GUY OF BANGOR, a o rporate body politic with its prmnpal e�dmee located at Citr Hell, 79 Eiar1ow 9treat,Bmgor, Maine 04901, hereinafter called the" rty" WITNESSETH: WHEREAS, United Tote and Bass Park Ccorationheromfore entered into that certain Service Contract for the Baited Tote Microtote 1000 System datedAmil 1, 1986 (the "Service Contract"), for totalisator services to be rendered at a racetrack known as Bangor Raceway, located in or near Bangor, Maine; and WHEREAS, the City is the successor in interest to Base Park Corporation with respec Bangor Raceway, andt to the conduct and operation of house racing at WHEREAS, the City and United Tote entered into a Ratification and Aeeumption Agreement dated October 83 1988, providing that the City mti6ed and assumed all rights, terms and obligations 0f acid Service Contract as they previously related to Base Park Corporation and that United Tote consented to the assignment of said Somm Contract to the City; WHEREAS, pursuant to said Service Contract, the five (5) year term was to expire on March 81,1991; and WHEREAS. the City now desires to extend the term of the Service Contract for an additional period of doe in consideration of an extension of the same compensation rate, and has requested United Tote to do so; and WHEREAS, United Tote has agreed to amend the Service Contract in such particulars; and WHEREAS, the parties desire to enter into this Addendum to address the foregoing matters. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: ' "- 1. The third Whereas clause of the Service Contract is hereby modifted and changed to read as follows: WHEREAS, the Camp has agreed to perform such services thre h theuseofthe United�te Microtote1000Systern, P inconnection therewith the equipment herenafter set fortir, tad the ompany hoe farther agreed ae hereinafter Bet forth to assure the acour�ry and efficiency, of such services during the term hereof, upon the foLLowing terms and conditions. / 2. Section I. of the Service Contract is hereby modified and changed to read as follows: I. This Agreement shall be in full force and effect as of the data hereof and fm a period of six (6) calendar years, beginning April 1, 1986 and expiring March 31, 1992. S. Exce t as amended herein and by the Ratification and Assumption Contract shell amain is full and orce and effect.April 1, 1988 Service IN WITNESS WHEREOF, the parties have executed this Addendum the day and year first above written. UNITED TOTE: UNITED TOTE COMPANY, a Montana corporation Attest: CITY: CITY OF BANGOR, MAINE By DaleW. eria- Its Parke & Reservations Director Attest: