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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 �. ........................... I......... .Clyy'RAgCCR SffRN 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: - - scOxop e UNITED TOTE CONTANI - Shepherd, Montana 8y ATTEST' Its Its •'CITY" CITY OF BANGOR, MAINE Bangor, Maine BY .. ATTEST: Its Its