HomeMy WebLinkAbout1960-11-28 19-N ORDER19-N
Introduced by Councilor Delano
CITY OF BANGOR
(TUTEE.) (ffirbgT, . Aufborizing the City Manager, i Execute Lease for Baas Park
with Mr. Allan Mulligan
By the City Council of the City of Banyan.
OEDEEED,
TEAT the City Manager be and hereby is authorized to enter into a
lease for the use of Base Park for the Bangor State Fair, a copy of which lease
is attached herewith..
IN rCliy COUNCIL
Nov, 289 1960
PASSED by the following yes and
Bvote: Councilors voting yes:
ailey, ear", Blaisdell, Delano,
Higgins, Keith, Nhittaker.
�Ouncilor voting no: Gross.
Councilor Brawn absent.
ORDER
'nae.
Auth. City Manager, to Execute Lease for
9AAa...Aark.. with.. Mr... Allan Mollison
Introduced and fled by
J
IN rCliy COUNCIL
Nov, 289 1960
PASSED by the following yes and
Bvote: Councilors voting yes:
ailey, ear", Blaisdell, Delano,
Higgins, Keith, Nhittaker.
�Ouncilor voting no: Gross.
Councilor Brawn absent.
ORDER
'nae.
Auth. City Manager, to Execute Lease for
9AAa...Aark.. with.. Mr... Allan Mollison
Introduced and fled by
FORM OF LEASE AGREEMENT
FOR
BASS PARK
AGREEMENT entered into this day of ,A.D.
1960 by and between Joseph R. Coupal, Jr., Jay E. Alley and Ralph L.
Weymouth, all of Bangor, Maine, acting in their capacity as Trustees
of Bass Park, so-called, Lessors, and Allan Mollison, of Belfast. Maine,
Leasee, both parties acting, however, subject to the approval of the City
Council of the City of Bangor as follows:
1. Period of Lease. Said Trustees agree to lease to said Allan
Mollison the said Bass Park, so-called. situated in the City of Bangor,
together with all permanent buildings and structures contained therein,
and which may from time to time during the term of this lease be substituted
or added thereto, for a period commencing on January 1, 1961, and running
to October 31. 1965, for the purpose of conducting an agricultural fair.
This lease shall allow the use of Bass Park to the lessee for a period of
three (3) weeks in each year, one week to be used for the actual conduct
Of the fair, me week prior to the fair to be used for preparation and me
week after the fair for leaning the park. la addition, the Trustees agree
that the lessee shell have the use of the park for two weeks of night racing
each year.
Is addition to the period covered by this lease, the leasee shall have
the right to renew the lease for an additional five (5) year period at a
rental net to exceed 150% of the rental for the first period.
Z. Notification of Dates. The leasee agrees that he will conduct an
agricultural fair each year during the period of this lease, and that he
shallnotify the Trustees as to the dates of the agricultural fair and the
dates of night racing not later than April let of the year in which said
agricultural fair and/or night racing are to be held.
3. Rental, Said lessee agrees to pay an annual rental of $9, 000.00
for his occupancy of said Base Park for the purpose of conducting the
agricultural fair therein within the meaning and terms of this lease, said
ental to be paid in full not later than one week prior to the beginning of the
fair each year. Said rental shall not include the use of the old auditorium
r adjacent land area and neither shall it prohibit the rental of the old
auditorium or adjacent land area for summer theatrical productions at
any time.
The leasee further agrees to nay Two Hundred Dollars ($200.00)
per night for each night of night racing when racing is conducted. However,
no rental is to be paid for any complete night of racing which is cancelled
because of weather conditions.
4. Protection of Lessee. The Trustees agree that Bass Park will
not be rented to any other person, firm or corporation for the conduct of
night racing during the period of this lease, except, however, that if said
Lessee fails to notify the Trustees on or before April let, as in paragraph
2 above, that he intends to conduct might racing in any year, said Trustees
will have the right to rent Base Park for said purposes to my other person,
firm or corporation m that year.
S. Protection of Irack. The Bass Park Trustees and the Lessee
hereby further agree that said track shall net be used for any purpose,
which in the opinion of the Trustees is detrimental to the condifinh id the
track for harness raxing.
6. Base Park Not to be Rented for Competitive Event. The Trustees
of Bass Park agree that no carnival or other entertainment of more than
two days duration, except summer theatricals as hereinbefore mentioned,
shall be permitted to use Base Park within a period of three weeks prior
to the conducting of said agricultural fair except upon permission of the
Lessee. However, it is mutually agreed and understood that the Trustees
of Bass Park hereby reserve the right to lease Bass Park for the purpose
of conducting a circus at said Park at any time except during a Fair week
and the week immediately preceeding avd following said Fair week.
i. Right to Sublet or Assign Occupancy of Bass Park. In the event
of the death of the Lessee, all the rights and obligations of the Lessee as
set forth in this agreement shall devolve upon the heirs, devisees, legatees,
successors and assigns of the Lessee.
Thielease cannot be assigned or sublet without the written approval
of a majority of the Trustees.
8. Facilities Included in Lease. The permanent buildings and
structures included under the terms of this lease shall be all of those
existing on the date of this lease except that it is understood that the
Trustees shall have the right to demolish and remove the old exhibition
building, office and toilet facilities located at the some end of Base Park,
-called. It is understood that the Leasee may use such portion of the
new auditorium and facilities, as the Auditorium Manager may determine
for agricultural exhibits and Fair management only for the week of the
agricultural Fair and that eighteen hundred dollars ($1800( of the rental
contained herein shall be credited to fee Auditorium Department account
for non-commercial rental m this building for the one week period.
The City agrees t0 replace any other facilities owned sued maintained
by it which may, after the date of this lease, be destroyed for my reason
except by the fault of the lessee during the period of this lease and the
failure upon the part of the City of Bangor so to do will be a release of the
Lessee from his obligations Oder the terms of this lease.
9. Cleaning of Park. The Lessee agrees that within seven days from
the termination of the Fair and/or night racing, he shag, at his expense,
thoroughly clean and remove all debris from the park and buildings to the
satisfaction of the Base Park Trustees.
10. Improvements. It is mutually agreed that any permanent improve-
ents which may be constructed by the Lessee shall become the property
of the City of Bangor as constructed and remain as a property of the City
Of Bangor.
No improvements, additions, demolitions or alterations shall be made
to the Park without the written approval of the Trustees as to the location
and design of the proposed work.
Further it is agreed that the State stipend received by the Lessee for
park improvements shell be expanded annually on such projects as may be
approved by the Trustees.
11. City Not Liable. It is agreed that the Lessee shall always be
bound to pay for any and all injury to persona or property other than
property of the City of Bangor occasioned by him or big servants, agents
or sublessees in the operation of the Fair in said Base Park, and of said
night racing far which said leasee or his servants, agents Or SublesSees
shall be legally liable and said Lessee agrees to hold the City of Bangor
and said Trustees acting as aforesaid, harmless with respect to operation
by him, his servants, agents or sublessees of said Fair sed night racing
in Bata Park and to file with the Bass Park Trustees annually prior to
occupancy a proper certificate of public liability insurance to this effect.
The Lessee further agrees to pay for any damage to city property
which may occur during his period of occupancy from any cause whatever,
and said Leasee agrees to poet a $10, 000 bond satisfactory to the Bass
Park Trustees, and City Solicitor to cover any damages which may result
from the occupancy of Bass Park within the meaning and terms a this
lease.
12. Non-exclusive Rights to Park. It is stipulated and agreed by the
parties hereto and made a part of this agreement that said Baas Park
Trustees shall always have the right during the term of this lease or any
renewed thereof, to use and occupy or to permit the use and occupancy
of any new building or structure which may hereafter be erected in said
Baas Park by the Lessee; provided however said use shall not be to the
exclusion of said Lessee during his period of occupancy and future mutually
agreed periods of occupancy.
13. Agricultural Fair. Whereas it is one of the purposes of operating
this Fair to promote agricultural and livestock exhibits, the Leasee herein
agrees to put on an agricultural fair with exhibits of miscellaneous and
representative farm and Orchard products and exhibits of livestock, crafts,
etc., and to comply with all provisions of R. S. of 1954, as amended, in
connection therewith.
14. Right of Repossession. itis mutually agreed and under stood that
upon breach by the Lessee of any part or all of this lease that the lease
shall immediately terminate at the option of the Lessom,and the Lessors
shall have Ne right to repossess the leased premises without notice and
without court action.
15. Provision of Police and Fire Protection. Adequate police and
fire protection as determined by the respective chiefs of the two departments
and approved by the City Manager whall be provided at the expense of the
Lessee for all periods of occupancy of Bass Park covered by this lease.
16. Violation of State and Local Statutes. It is specifically agreed by
the Leeeee that neither he nor any of his agents or sublessees shall use
any of the facilities covered by this agreement for any purpose contrary to
State and local statutes.
IN WITNESS WHEREOF, the Trustees of Bass Park with the approval
of the City Council of the City of Bangor, Maine, being hereunto duly
authorized, have hereunto set their hands and seals and affixed the corporate
seal of the City of Bangor, and said Allan Mollieon has hereunto set his
hand and seal, this day of A.D., 1960.
Approved as to Form
City Solicitor Trustees of Base Park
STATE OF MAINE
PENOBSCOT, SS.
,1960
Personally appeared the above named Joseph R. Compal, Jr., Jay E. Alley,
and Ralph L. Waymouth, Trustees t Bass Park, and in their individual
capacity, and in their capacity as said Trustees, acknowledged the fore-
going instrument to be their free act and deed and the free act and deed of
the City of Bangor. Also personally appeared Allan Mollieon, above named,
and acknowledged the execution of the foregoing instrument.
Before m
Notary Public