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Home My WebLink About1977-08-08 346 AE ORDERr 346 AE Introduced by Councilor Boulez, August 8, 1977 CITY OF BANGOR (TITLE.) UoSDMCa--...AM n i i�. Lease or.gass.Park . tothe Bangor, Jaycees . for the 1978 Snowmobile By the Oity QkhsmR of the Cit of Bangor: OBaERED, MAT the City,Manager is Mreby authorized and directed, on behalf of the City of Bangor, and in his capacity as a Bass Park Trustee, to execute an Agreement, a copy of which is on file in the office of the City Clerk, with the Bangor Jaycees. Inc. for purposes of permitting the conduct of the 1978 Snowmobile Open at Bass Park on January 28-29, L978. STATEMEMf OF FACI; The Bangor Jaycees will be conducting their 11th Annual Bmwmgbile Open at Bass Park on January 28-29, 1978. The purpose of this Order is to authorize the execution of the formal agreement between the City and the Jaycees for useof the promisee. Thearrangements provided In the proposed agreement are virtually the same as were imposed for the L977 Snowmobile Open. I f 396 AE INCITYCOUNCIL i August 8, '1977.' eassea. 0 R O E R x,31 . cxTx cte Title„ �ftECE LVED CCTV OF D1HSCft Avnn..zeas€. etaes€. kark. F9.9Pre9s..... DItV clEftK'D DFE ICE .. - aer9ee9. RPF. AM. sr«.mmj}e. Wr...... .oll AUG 4 fN 9 U5 Ie educe d filed by .:.. d................. Councilmann 346 AS AGREEKENT THIS ACR9bMENT made this day of , 197 ,by and between the BASS P= TRUSTEES. an agency of the City of Hangar, a municipal cooperation located in the. County of Penobscot, State of Moine, BAMGOR STATE i FAIR, IMC., a Maine torPoret ton (hereinafter somet imee refer ted to as the 'teasers") and the BARNm JAYCEES, INC.. ' (hereinafter som tbass.: i referred to as the "Jaycees'), a Mabe corporation located in the County of Penobscot, State of Maim. WITNESSETH: NOW, THEREFORE. the parties do mutualLy agree as follows: 1c (1) The o beope, forperformed d b in a Jaycees loo hereinafter the tents to de paid and the obligations [o be Jaycees a by the Jaycees as parcel provided, does hereby rent unto ftheurther Jaycees a portion bi' the parcel area card mud known as Bass perk, and fvxther show on an exhibit attached hereto and made a part �. 'hereof. (2) TO HAVE ANO TO HOLO the above described premises, unto the Jaycees I for a term beginning an January 28, ISM and expiring on January 29, 1978, at a�- cartel of One ($1.00) Radler and other valuable consideration*, payable in ad- I n the first day of said tem. In addition, said Jaycees shall have a right of entry to said promisee for a period of seven (y) days prior to the beginning of said term and for a period of. seven (I) Jayeafter the expiration of said tern, or at other [hems Ad may be mhtually agreed by the patties interne (3) The Jaycees shall see, occupy and maintain derby, .the promisee herein 1: described bed for purposesof le purposes, fl Band rlb form derby, the purposes profits of which ;shall be heed for charitable written cement mad. for no other lessors. The whatsoever without the prior ¢maintain said pr mises i of the manner as. Tvi late ae shalt mt espy or maintain said constituted goy In any manner ae to violate airy law or regulation of mry duly c naveated goy sonable authority. The Lee¢ I, through their agents, shall have at all reasonable representative etie right to JSo aycees. n -. and inspect the premises with an authorized repreemtative of eM1e Jeyceea. (4) During the entire term of this Agreement, the Jaycees shall mate- ' tain liability Insurance withcompatfes authorized to do business in the State of Maim for the protection of the Trustees of Bass Park, the City of Bangor, Bangor State Fair, Inc., Bangor Recreation Center, their officers, employees and inhabitants, or their successors or assigns, who shall be owned as n additional Insured against all claims, tosses, costs or expenses arising out of: injuries to persons whether or not employed by the Jaycees or a member of said Jaycees or their business fretless, or damage to property whether resulting from acts, omissions, negligence or otherwise of said Jaycees, its directors, officers, employees, agents and invitees dealotherwisearising from the Jaycee's use of the premises. Tim Jaycees' liability insurance policy shell provide coverage for the following exposure$ in act lees than the following limits: i Bodily Injury $500,000 (each person) $500,000 (each accident property Sausage $ 50,000 (each accident - The Jaycees shall cause to be furnished to the Canners evidence in the form of Certificates Of Insurance of the existence of the above described rpt (5) The Jaycees shall also indemnify and save harmless the Trustees of; Baca park, the City of Budget. Bangor State Fair, Inc., Bangor Recreation ? Center, their officers, employees, inhabitants, or their successors r assigns, from add against any add all claims by or on behalf of anperson or persona, �I firm or firms, corporation or corporations, or for anything whatsoever done in r about the promisee by the Jaycees, its members, directors, employees, agents! or invitees. , (6) The Jaycees, at their own expense, shall be responsible for the Data of ail repairs and maintenance to the premises that day arise as asult of their occupancy as provided for in this Agreement. The Jaycees further agree that at the end of said smerobile derby, the Lessors any do all nec8s repairs and maintenance, with said Jaycees to pay within thirty (30) days of <eipt of a bill therefor, all costa of said repairs and maintenance. r (J) The Jaycees, at their own expense, shall provide adequate fencing j and other suitable barriers for purposes of imurin the public safety and Pro- hibiting unauthorised persons from restricted areas. in accordance with such purposes, the Jaycees are hereby authorized to close suitable Ee acing to be removed within seven (7) days after the expiration of the term hereunder. (R) The Lessors agree to cooperate and assist the Jaycees during the core hereunder for purposes of making the me of the Bangor Auditorium and otherwise unoccupied buildings available for storage and concession space in conjunction with said soowmebile derby.. The parties agree aM understand that �! theft are other scheduled'activitles at said Auditorium and that certain thenation to the premises shall be taking place prior to, daring and after term hereunder, and it is agreed and understood that now of the privileges) or rights granted hereunder shall be exercised in a manner that shall unreason - ab ly interface with said me of Bgor And Rorie or said r meat ions. The parties further agree that all detailsae to the use and occupancy of the ,j premises shall be within the jurisdiction of the Leeson. (9) It is con mated and agreed that if the Jaycees shall neglect o fall to pay the rent Ae herein provided, or otherwise breach the terms and conditions provided herein, the Lesson may lawfully enter said promisee and expel the Jaycees after ten (10) days' written notice. All 'fixtures or personal property remaining on the promisee after said ten (10) qay period shall be pre- md to have been abandoned by iM1e Jaycees and shall bdcoma the property of the iiLemors.- (10) Notices to the Lessors shall be sufficient if sent by certified „mail, postage prepaid, to: Bass park Trustees, c/o City Retailer, City Nall, 73 Barlow Street, Bangor, Nalne; and notices to the Jaycees shall be sufficient if ant by certified well, postage prepaid, to: Norma Overlock, Orringcon, Naim, at to such other respective addressee as the parties may designate to each :! otter from time to tied. (11) The Jaycees agree that it Shall Out encumber, mortgage, assign, : sublet or otherwise transfer its interest or any part thereof under this Agme- want without the prior written consent of said Lmsom. ' IN NIMES MUTT. the parties hereto have Set their hands and Seale the day and year first written above.. BASS PARK TRUSTEES Witness BAMAR STATE FAIR, INC. By president BANGOR JAYCEES, INC.