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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 48640 $0 Nvp 040 6 j O40ox Aai44 SU 440.9 a 40,i Blau o4rpooy ,:4 A14#19wa Meelewd al pep Qo w;;01 •096i 'u v •Y ii-� as ap'WOOD Sa eeop •d 4do00t *lot o.-,, ,Io tT tg u%i .spur. ov48n44 aoeralono M014eWY •9 uw,w ip a0)Uau to 141:444 04 pedO.Ue4 400/0aad 044 Ju ww 74100. 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Said Loewe data hem`s ioroMatl That it sill oauss to Em :anotmloted m gold pgdigos n raaeroatfon bUIVIng +f ata^1 an,$ 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.. 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