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: