HomeMy WebLinkAbout1975-06-30 266 AC ORDER266 AC
.� Introduced by Councilor Stairs, arme 30, 1975
Special mating
qq��
CITY OF BANGOR
(TITLE.) (DVLVr, - __Authorizing Execution and Approval of Amendment t0 Indenture,
Bated April 2, 1954 Between the Bangor Recreation Center and the City of anchor
WHEREAS, the City of Bangor U the owner of certain premises commonly know
as Base Park, Located In said City, County of Penobscot, State of Maine, and
having been conveyed to said City by Ervin S. Anderson, Successor Trustee
under the Wt11 of the late Joseph P. Bass by deed dated April 1, 1954; and
WEEMS, a portion of said premises was
s leased by the City to the Bangor
Recreation Center, a body politic andcorporate, by indenture dated April 2,
1954, for a term of thirty (30) years and for purposes of constructing the
new Bangor Auditorium presently located on said premises; and _
WHEREAS, the parties Minto do desire to amend said Indenture of April 2,
1954 to provide for a -change in the team thereof,
NOW, TBEREMSE, By the City Council of the City of Bangor:
ORDERED, THAT ALvera H.'Byardi merle B. Goff and Theodore C. Jellison, Base
Park Trustees, acting in the It capacity as True tees of said ease Park and an
behalf of said City of Bangormunicipal corporation, are hereby authorized
and directed to execute as Amendment to Indenture, dated April 2, 1954, between
the Bangor Recreation Center and the City of Bnagot a true copy of said
Amendment being on file in the office of the City Clerk and made a part hereof.
„ r
IN CITY COUNCIL ]ss AC RECEIVED
June -30p, 1975-.'
Amp
.Pament to Indenture be amended by o.x n e x y s gij JUN 27 W 4: 20
-
Chgtljing'No. 2 to No. 3, and by adding
znew NO: . 2 as follows that said
nd6ntre be -amended by deleting the Title, - ., CITY CLERK'S OFFICE
description of land in the first paragraph 114 QL RAlori•N, MAINE
and substituting the following-, AuthorizlnN. Execution and Approval of
"...the following describedproperty
situated within that part of said City nd�nt-to. Indenture Dated April 2,
known a8 Bfl88 Park, to pit certain ......................................
lots or parcels of ;and located 1954 betweenthe Bangor Recreation: Center
generally at the end of Dutton and the City of Bangor.
Street, commonly known as the fair Introduced end filed by
grounds at Bass Park, being a portio
of the premises conveyed to the
City of Border by Erwin S. Anderson ...
Successor Trustee ender the Will of Cour el n'
rise late Joseph p s by deed dated.
April 1, 1955,. said premises being -
chase on a plan attached ha2eto a
Exhibit A and ands apart hereof,
together plaid, additionlalot or -
parcel of ]snow non plan
by titled Baas and show owned
entitles "Bass - - - -
Berate property”, December 11, 1953, - - -
prepared is Prentiss 6 Carlisle Co., Inc., - -
Buponang acquisition thereof by said City of
Bongos." AS -amendeLy passed, -
>,,,.,"ate
- aTr cLBwc
,3
ANENQEM TO WBBN n
THU ANEISKENE TO ESOMmuRE executed In duplwte this day
of . 1975, by and between AIVEPA H. BTARD, HER1E P. COPP Up THEODORE
C. IELIISON, all in their "Metric@ As Trustees of Base Park, and In and on
behalf of the CITY OP BANGOR, a municipal corporation and the CANCER
RECREATION CENTER, a body politic AM corporate.
W I T N E S SSE T R
WHISMS, there presently exist$ between the parties an Indenture
dared April 2, 1954, providing for the lease of certain premises at use
Park, so-called, for certain purposes described therein; and
WHEHPAB, the patties hereto desire to smad said Indenture.
NOW, THEREFORE, It is mutually agreed between the Parties
as follows:
1. That the provisions of Said Indenturerelating bo the tern
of said Indenture be deleted and replacedwith the. following:
., to held for a taw commencing on April 2, 1954
AM ending on lane 29, 1993."
2. That said Indenture he amended by deleting the description
of land in the first paragraph and substituting the following:
.. the following described property situated within
that part of said City known as Nae Park, to vitt
ertaia lots or parcels of land located generally at.
the end of Dutton Street, commonly known as the fair
grounds at Brea Park, being a portion of the premises
nvayed to the City of Bangor by Erwin S. Anderson,
Successor Trustee under the Will of the late Joseph
P. Nae by deed "ted April 1, 1954, said premises
being shown on plan attached hereto as Exhibit A AM
ma" a part hereof; together with an additional let o
Parcel of land, now owned by Elaine Brae Pierce and
shown on a plan entitled "Been Estate Property", "ted
a.:e:939 December 11, 1953, prepared by Prentiss A Carlisle Co.,
Inc., upon acquisition thereof by said City of HAWS."'
5. That allother previsions of said Indenture "ted April 2,
1934 be and are hereby binding upon the Parties is accordance with the
term therein.
M WrUSUs wSzEMY, the Parties hereto have set their bends and
aaafa the "y and year first written above.
MRMR RCCEINTION CENSER
CTfY OF NMflJg
Nee Park Tzuetae
Nae Park Trustee
Nae Park Trustee
STAR OF MINE
PBMOBSQYp, ea. Jose , 1975
Theo personally appeared the above oaeed Alvaro B. Byard, Merle P.
Ooff and Theodore C. Jellison and acknowledged the foregoing instrument to
be their free act and deed in their said capacity, and the free act and deed
of said City of Mager.
Were an,
Justice of the Pence
AMENDK Nf TO INDENTURE
THIS AMENDMENT To INBEA IOE executed in duplicate this day
of , 1975, by and between ALVERA H. HURD, !EASE P. On AND
THEODORE C. ]ALLISON, all in their capacitie8 as Trustees of Bass Park,
and in add on behalf of the CITY OF BANGOR, a municipal corporation and
the RANCOR RECREATION CENSER, a body politic and corporate.
WITNESSETH:
BASSOON, there presently exists between the parties an
Indenture dated April 2, 1954, providing for the lease of certain premises
at sane Park, so-called, for certain purposes described therein{ and
WHEEBAS, the parties hereto desire to amend said Indenture.
NOW, THEREFORE, it is mutually agreed between the parties
as follows:
1. That the provisions of said Indenture relating to the
team of said Indenture be deleted and replaced with the following:
,. to Mid for a term converting on April 2, 1954
and ending June 29, 19L5." zx wgo,v
l v�&'IT<lR/n �' dtrrdt1/�
1
2, 1954 be and are hereby binding upon the parties in accordance with
thebrats therein.
IN WITNESS WHEREOF, the parties hereto have set their bands
and scale the day and year first written above.
HANSON RECREATION CEMER
- e votioldg
described propertq. situated within -,i
that part of Bald City known as Bees Park, to wit:
By
i
Chairman
certain lots or parcels of lend located generally at
the end of Button Street, commonly known as the fair
groundsit Bear park, being a portion of the premises
CITY OF R4NGOR
eonve'�ed to the City of Banger by Ervin S. Anderson,
Successor Trustee under the WILL of the late Joseph
P. Ba}s by deed decal April 1, 1954, said premises
:By
being shown on a plan attached hereto as Exhibit A and
Bass Park Trustee
made a part hereof( together with anadditional Iot or
parcel of lave, n owned by Elaine Bass Pierce and '.
lI
shown on a plan entitled "Baas Rotate Property", dated
cecember 11, L9549 prepared by Prentiss & Carlisle Co.,,'
Bees Park Trustee
,Inc. upon ac9uiaition
thereof, by said City of MnSor._
,
Sees Park Trustee
STATE OF M&THE
PENOBSCOT, as. Juan , 1975
Then personally appeared the above named Alvera H. Synod, Merle P.
Goff, and Theodore C. Jellison and acknowledged the foregoing instrument
to be their free act eM deed In their said capacity, and the free act and
1 dead of said City of Danger.
Before me,
Justice of the Peace
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tnrosants; y1ale'nt am!. pont"d tfurofcr Ne rant of thirteen debar
0404 ftoo hnaIngd d*12aw (CiSeddo) parable In One lnap sow as
or before i lT It 1961.
Said Loewe data hem`s ioroMatl
That it sill oauss to Em :anotmloted m gold pgdigos n
raaeroatfon bUIVIng +f ata^1 an,$ brisk aonstruotiah with a Muting
aapaolty of aPAraainatelT 7#500 Imramas to 000tain faetligiog
for "Ormational Purposes Bitot as beakothal:e okatings asistbtttq #
and other iffieor erentat that tt will sets* avaA building b be
matntatnad and operated for engin public and *aaipwblie payagog
as ex got forth in gaatlm 1 of sols ',hapter ape and *or asma5�
m 3Ao tbereor, and as are in acoureawe with ggd hot to vlolstl"
of tho proviataho and taatrlotlone in the will are -'adislA of
the late Joseph rS Aosa i.mier mstah said Cis? of Ganger rawelwed
too promises new kaon at !sane 2erki that upon hettoo is writing
by the Lessor signed by a 5rnlatso of Page Perk toting as gash to
ae an arlhar or the City 0'l vangart *toting that lay np or
proposed use of the preoisa* or env Ltildlng trarsoa set forth Li
Saab tattoo my he dasmw.i W as a Vitiation or gold prwaialegai.
and rsntrtcttz no* and requeeting that the Bose w di*eoatts"d ado
not pormlttede the Lawe will Stew<teteif digonatt.mw goad ago
oro on the sego oaf see morent etdnh use tntll the request A
w'. ablation or the prbprtaty of aaek) •,ea ar proposed ago It Jnmir
oially totablighsdi that them will lie no a*atghowt of tAl*
1"" C:' ad e»hlatttng of the deaf. M'; prontms other tboo to the
ordinary sou^sa of comouottng n md"otton aantore without tea
nogoont of the mason In writing first obtmt"d to smgh *eatgowot
or a=at. wblsttingi that the law enfaraalwet artists" " %ge ditto
Of 43etiOr moor pt why Mae .nter Upon the prosinae or sag peat
theroof to insure the kawptnr of the posaat vrovidamilm alum th"
on env willful and cmtimnl ihlaon b7 t" teas" of say of the
aareaan" herein amtsined the Imagers may geenger, uost tboo
Premiaee and doclam t'ig tease forfeited and said Cera Mdadv .an
to '�a W'b Jeot to tr ap,^roral asst Croon of the 'anti sod pravldod
ft"" shot mbl.thstsndIgg any prOOtatm of this loans to the
Aentmals thw city of mangos &next rwtsin eontrol of the yaeolseA
and or my `ylld'ngn t"eon to the .atom nnmaoare and Ym the
,peaposs of pAnydoting anw tnfroation by the twoeee& er be &sans
Aatime oadar to sof why can Of the vmm sea she bnimtage Qonar&ry
to the tmnwof b" M414 wilt Ase nadi.rits Of Me Isis TaAeth P.
Ube$ am rar "ah perpeaea via minietpml enters, Af "a sam
"ley* ar their Apemen tr.,, reryotat At any ltfID shall to gtvm
aoteoa to the Aatd PAOtal.&Oa and to the mid ". I tws
AstA tAomr does horsey great is the tsetoa the prtetlegs of
ralmg meah of the Other arOa Or mmm Park so Ball" ea to teat
nalvdad hereto at any ori all. time �eoesmry during the tom
of thio'Anne far tea amtntrxtt:m Andtostal3AtIon tnetaog m
therntna at the anpaaao Of tht ieaaeea of roWta asmrst arsteso
;, ra!ng Arabs bad the werfnrzpapo Of meet: other mttaM so my tA
rolotod to ane baoem nanesmrp for tht amotrAetiooa mfnbnams
And Operation of one told rarestten oontar& ®rmid&A, howavorp
Apprasal Ay the i&leaer of soon prepossa .+so he first oetalaAss
The paroles herato "on with the otic.- ggron open the rsgbbot
01' either to ,join to any ltafitinl pr&AAedinn tm the Mature of a
pettttm for a deolaratary .}olcoaOnta 0^ otharstma for tho pveyast
Of "Axing a detaratnatton so to �n:ether any oto or p,A ,Aose, use
Of the neatest prtntme or nor nntldIm thereon to proper within
the prartolms at said will and Codloile of MA late =Feaoph ve
3Msn.
Lt WlTn.,So WrC5 W# said TraotatA of 3&4• Part Aattng in
Ghats mpsutty 60 Mato Traatwoe see in hahaxf Of thw 'sty of
oan{.Ar one bT said onto thm anj+;+aMII] of t'A Jtty r.Aanell of said
:ttya and han"r lbnaraatt On "anter bn !to nhg!_ sjo arae ".lroaa�pera
all horwtmta M117 aothorlgwda hove hm"Anta *At their hens and
Offised the owrporsb sAMI of the ^e.t, Or i*ogm and the FO+,parmts
*Pal Of "Ao6or ryGrastion 0*ntA eA the day first Above writtans
�e:�nr wr�xyAxxot ,rcar�
ps
. YtAtYYMi
AntntsleeQ mnA eppyovbd ty �:SEy comYo41
eS Stbnfiart 11ei mYt �D' oMbs Asly ptbeet
m 1956•
Attettt
h,^prn to to fnm
"40 Imeoe to Rtt*O a�mff.Vv , -
ne .aet .mpram0 0. - 7n `lgldty
#$
CITY OF BANGOR
(TITLE.) (Drur,-. Approving.. Lease of. Portion of Base...Ptrk given by the
Tr4ateea of,.Bees Perk to.. Bangor. Recreation Center..
By de City Coaadl of tie City ofBaaynr:
ORDERED,
THAT the Lease between the Trustees of Base Park acting
in their capacity as said Trustees and in behalf of said City
of Bangor, as Lessor, and Bangor Recreation Center, as Lessee, -.
a copy of which Lease is attached hereto, be hereby approved
and that the said Trustees be hereby authorized and directed
to execute said Ewes,
IN CITY COUNCIL
April 5. 1954 '
F6S580
T LEBY
d,
ORDER
ftworlai: lease of portion of ?see
Perk Riven bY .he trustees of Been
Pert to Bangor Mention Center.
detadr sad MW N
.H.. Ge' avGden
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