HomeMy WebLinkAbout1988-02-08 88-116 ORDER88-116
Introduced by Councilor Blanchette, February 8, 1988
CITY OF BANGOR
(TITLE.) Mrbere __.. Auth nq_Execution of Pati£ ationana
Assumption Agreement with United Tote Company -- Bass Park
...___.__ ._ _.._-_.. ........._...... __... -_. _. _._
By Ow OILY Council of the CRY of Boman:
ORDERED,
THAT the Parks & Recreation Director is hereby authorized
and directed, on behalf of the City of Bangor, to execute a
"Ratification and Assumption Agreement" providing for the City's
assumption of the existing contract between United Tote Company
and Bass Park Corporation for totalisator services and
equipment at Bass Park.
IN CITY COUNCIL
February 8, 1988
Referred to Bass Perk Committee
�Consider next meting
`� ,� eBze kn&
CITY CLERK
In City Council Febxvazy 22,1988
Passed
desk
88-116
ORDER
Title, FFR _a p3:15
Authorizing Execution of Ratification CR y�/t �.
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aP.4 PssupP.t}oq ,Agraj m witp,gn}ted...
Tate Company - Bass Park.
Introduced and filed by
Councflmnn
88-116
RATIFICATIONAND ASSUMPTION AGREEMENT
This Agreement, made this _ day of 1987, by and between
United Tote Company, a Montana corporation, With its principal offices
located at 10115 Cabin Creek Road. Shephard, Montana 59079. hereinafter
referred to as "Company", and the City of Bangor, a corporate body politic.
with its address for service c/o City Hall. 73 Harlow Street. Bangor. Maine
04401, hereinafter referred to as 'City".
WTTWESSETH:
WHEREAS, the City is the successor in interest to Bass Park Corporation,
a Maine corporation, with respect to the conduct and operation of horse
racing at a racetrack known as Bangor Raceway (the "Racetrack'), which
Racetrack is situated in the City of Bangor, County of Penobscot, State of
Shift; and - - -
WHEREAS, the Company and Bass Park Corporation heretofore entered into
that certain Service Contract for. United Tote -MicroTote-1000 System dated
April 1, 1986 (the "Contract"). which Contract governs the provision of - -
totalisator services and equipment for a period of five (5) years upon the
terms and conditions set forth therein; and _
WHEREAS, Bass Park Corporation is or will be dissolved and the City
desires to ratify and "some the term, conditions and obligations contained
in said Contract.
NOW, THEREFORE, in consideration of the Company's agreement to provide
totalisator services and equipment and of the mutual
ual covenants and conditions
contained herein, the parties do hereby agree asfollows:
1. The City does hereby ratify and assume all the terms, conditions
and obligations of the Contract, and does hereby further agree to be
bound by said Contract in all respects.
2. The City does hereby represent and agree that is has received
copy of the Con and is familiar with the terms, conditions and
obligations contained therein.
3. Upon execution and deliveryof this Agreement, the Contract
shall be deemed modified and amended, and pursuant to the ratification
and assumption thereof by the City all references to "Association" in
said Contract shall be deemed to be in reference to the City.
4. The Company does hereby -co ent to the assignment of the
Contract, and all terms and obligations thereof, by Bass Park Corporation
to the City, in such form as those partners shall find acceptable;
provided, however, that as between the Company and the City, the terms
upon which the Contract is assumed shall be governed by this Agreement.
3. Except as specifically set forth above, all of the terms,
conditions. covenants. obligations and remedies of said Contract shall
main in fulliorce and effect. -
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
duplicate by their respective duly authorized officers as of the day and
year first above written: - -
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UNITED TOTE CONTANI -
Shepherd, Montana
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CITY OF BANGOR, MAINE
Bangor, Maine
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