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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