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Home My WebLink About1975-06-30 267 AC ORDER267 AC Introduced by Councilor Speirs, June 30, 1975 Special Meeti'y :u p CITY OF BANGOR RITLE.) (DrbCr Aon 1 ins Emanation and Approval f Amendment co Lease Bated _October 1, 1955 Between the Bangor Recreation Center and the City of Bangor .... ........ ......... ..- ...._.... ___._. _....,..... By the My (bwwil of the City ofB6myar: TBE2 WRBBBAS-, the City of Bangor is the owner of certain premises commonly known as Bass Perk, located in said City. County of Penobscot, Stare of amine, and having been conveyed to said City by Erwin S. Anderson, Successor Trustee under the Will of the late Joseph P. Bass by deed dated April 1, 1954: and WDER&rS, a portion of said premises was leased by the City to the Ranger Recreation Center, a body politic and corporate, by Indenture dated April 2, 1954, for a term of thirty (30) years and for purposes of c na[ructing the new Bangor Auditorium presently located on said premises; and WIERBAS, by Lease dated October 1, 1955, said Bangor Recreation Center did lease back to the City the same portion of Bass Park described in said Indenture dated April. 2, 1954; and WIERBAS, said Bangor Recreation Center is now providing for the construction of additional facilities at maid Bass Park and WOREPAS, the parties bereto desire to amend said Lease of October 1, 1955 to provide for the lease to the City of Bangor said additional facilities, NOW, TBBREPORE, By the City Council of the City of Bangor: ORDERED, TEAT ALvera H. Byard, Merle P. Goff and Theodore C. Jellison, Bass park Trustees, acting in their capacity as Trustees of said Base park and on behalf of said City of Bangor, a municipal corporation, are hereby authorised C nd directed to execute an Amendment to Lease Agreement, dated October 1, 19550between the Bangor Recreation Center all the City of Bangor, a true copy of said Amendment being on file in the office of the City Clerk and aside a part hereof. IN CSTY COUNCIL RECEIVED Jose 30 1975 ]6] AT Amendment to lease Agreement be amended by o a n s x. 1915 JUN 27 W 4: 29 ��] deleting N 1 "adding theEollce np O- ana Substituting to for "dele fireTitle, CITY CLERK'S OFFICE of the description of land therein and substituting the following:_ ^ .. the Sljy OF n1 NGfR, MAINE " following described property ;$44hoziyigg Mecution,aetl A4pgoval of �. situated within that part of said City known as Bass Park, to wit: 'Amendment to. Lebse Dated October 1^ 1955, certain lots as parcels of lana, "1" ......"" "" ..^ ...... ....... togethet with all buildings and Between the Bander RecreationCanter ane improvements thereon owned by said the city Of Bangor. Center, presently or 2d d filed EY under t t' , located located g generally '. at the a of Dutton Street, commonly ". known as the fair grounds at Bass ••••• •••••• ••••• Park, being a'portion of the premises COW ]mart convoyed to the City of Hanger by '.. ., .. unwell S. Anderson, successor Trustee sa e lace Joseph P. under the Will of thhl 1954, Hass by deed gated April 1, 1959r said premises being ahcw a plan attached Anand made a pert Ahrens; together - Ahrens; talethea with an additional ' Parc Owned me r parcel of load, n owned by Elaine - Bass Pierre and ehow�on a plan entitled estate Property", dated 11, 1953, preps a Co.,er by Prentiss s Carlisle Co.Inc., upon ., acquisition acquisition thereof by Said City0f Bangor." .. As amended, passed. ae„ .. CITY CLE 1 \ �• \ ANIMAL E.x14IbiT IYo IV5pJILDINys 165 ItO rl 5`♦ 1�5 12a 125 130 If 1 511-a1 11 1 I C I ./ V / - Z- GTS Y M \ \ 1 li 1 r 1 HOME ♦ ♦\ PARk 11\lCi �--- � � I \ \♦ � Gv9' I_50' g8 � I ' ' '\\ PA2K ALL_-SEgVKEI bLDG. \ ♦ y 1 1 1 I log s5 `♦ I I 1, j ♦♦ '♦ 1 \ \ ANIMA — _ - .;f;\ -zoorATHWAY --- o s BCF.' �-`�`- � ♦ \�♦ \I 4 I I 1 1 / / r / I r I Sjq 9iA8<E 1 \ � i / i II �.3 r I ♦ x\ sjgeAe I x' 1 \ I / _PRLLIMIIJAR-Y Z' Xf+IBiT 't CI BASS PARK FAIRGROUNDS —L _ -- STREET 5(A<<- I' loo' o BUCK J r\ A x c 1 r i MO(/117.41iA- IOEIy AVE Q NGPkf,AY .PO. S,"L ZEe .eL, 1 �ucsr AIZVG FA/kms G.PO i - I r lT 57.- BQ/GH.d.dl 1 � 1 - .✓os:Gn P Boss Co cfy ofdoriyor C 9 s- sr , C.Ty c�,� BAiVG.OL-' Z��U77CW 57 � w l l V Oid { 47ATEfPOf ?T' 61 Z { MO(/117.41iA- IOEIy AVE Q NGPkf,AY .PO. S,"L ZEe .eL, 1 �ucsr AIZVG FA/kms G.PO i - I r lT 57.- BQ/GH.d.dl 1 � 1 - .✓os:Gn P Boss Co cfy ofdoriyor C 9 s- sr , C.Ty c�,� BAiVG.OL-' Z��U77CW 57 � w l l V Oid Grc i50f i isoi �C! LL ST r/ / YOL 707,PYafe 403 i i I� 47ATEfPOf ?T' 61 Z { � �1 . i Grc i50f i isoi �C! LL ST r/ / YOL 707,PYafe 403 47ATEfPOf ?T' 61 Z � �1 . �.-4°°tl, -iy � e�-� s/�'4✓ ✓frame J/SZ.� �!o^ �', ih /Psa , .i-, .Tofw'rvr �-i`iv`�Ec. <'+f,L.3�-.,- f$S' L`�q.PY/SL<Ca.s'vC'. �'s+a"�ihr%✓3�Otaa . distam mar To LBASR AGUIJENT THIS ANEUCAIR! executed in duplicate this - day of 1975, by and between the eANCOR RECREATION CSNI85, a body politic and corporate, wad the CITY OP RANCOR, a municipal corporation. W I T NRS SBTRt MAEAS, the City of Bangor U the owner of certain Practises comouly known AS Mae Perk, located in said City, County of Penobscot, State of Wire, and having been conveyed to said City by Irwin S. Anderson, Successor Trustee under the Will of the Into Joseph P. Rees by deed dated April 1, 1954; and kBERghf, a portion of said promises was leaned by the City to the tamer Recreation Center, a body politic Arad corporate. by Indenture dated April P, 1954, for a term of thirty (30) years aha for purposes of constructing the Raw Baader Auditorium presently located on sald premises; and WHEREAS, by te*ae noted October 1, 1955. said Mager Recreation Center did lease back to the City the same promises described in said Indenture dated April 3, 19541 aha WRIAEA3, said budget Recreation Canter is now providing for the construction of additional facilities at said Use Park; and wdeAsA9, the parties hereto do desire to Mend said Leese of October 1, 1955, to provide for the inclusion of said new facilities. NOW, Miffogg, it U mutually agreed between the parties as follows: 1. That the first paragraph of said Leese Agreement is hereby amended by deletion of the description of lend therein and substitution the following: . the following described propertysituated within that part of said City known As Saba Park, to wit: eerta in lots or Parcels of land, together with all buildings and improvements thereon owned by said Center, presently constructed orunder construction, located Mentally at the and ofputoon Street, commonly known as the fait grounds at dace Park, being a portion of the promisee conveyed to the City of Bangor by Erwin S. Anderson, Successor Trustee under the Will of the Ute Joseph P. Sees by deed dated April 1. 1954, said prmines being shown on a plan attached hereto as Exhibit A and mde a part hereof; together with an additional lot or Pascal of lead, :caw owned by Plains Ens Pierce and shown an a plan entitled "Rua Estate Property", dated �� O)Ig59. Internet 11, 1953, prepared by Prentiss 8 Carlisle Co., Ise.. upon acquisition thereof by said City of Bangor. Also, LLI buildings sed lmprwemnta described in a plan entitled "Mae Park Improvements, Stable and Paddock Buildings", consisting of 8 "See., Plan No. G-835, dated Demsebex 15, 1974. a true copy of said plan being on file In the office of the City Engineer. " 2. Them the veto" paragraph of said Leede agxeanaat be deleted and replaced with the follwings 10 HAVE ANO TO NOU for a period commencing on October 1, 1955, and ending on .inns 29, 1995, yielding and paying a rental in an amount equal to the requfreeentm of the annual warrant issued by the Trustees of the Bangor Recreation Center forebear Co Section A, Chapter 90, Prlvate A Special laws of [Mine, 19510 as anendAd," 3. That all references to "building" in said Undo Agremnt are hereby deleted and replaced with the arm 'buildinge and ImprwenenH,^ d. That all other provisions of said Besse Agraement dated October 1, 1955 be and ax hereby bidding upon the Parties in Accordance with the most therein. IN WITNESS MEMNON, the Parties harden lave der chair hands add movie the day Bad year first written above. BANGOR RECREATION CENTER CSTY OF M&OR BY Base Park Trustee Mee Perk Trussar Beset Park Trevose STATE OF PAINK PBNOMCCi, as. in" , 1975 Than personally appeared the above neeed Alvera H. Byard, Nerle P. Goff and Theodore C. Jellison and ackawladged the foregoing instrwaut to be their from act and dead in Meir said Capacity, and the free act and deed of said City of Bangor. Before us, Justice of Aha Peace IV "... the following described property situated within that part of Said City known as Bass park, to wit: certain lots or parcels of land, together with all buildings and improvements thereon owned by said Center, D presently constructed or under construction, located generally at the end ofDuties Street, cc®anly known as flie Mair grounds at Bass Park, being a portion of the prem' K conveyed to the City of Bang,by%E in S. Andekson, Successor Trustee under the Will off the late Joseph P. Base by deed dated April 1, 1954, said premises being shown on a plan attached hereto As Exhibit A and made a part hereof: together with an additional lot o parcel of lead,ned by Elaine Base Pierce and shown on a plan new "Bass Estate Property", dated December 11, 1953? prepared by Prentiss 6 Carlisle Co., Inc., upon, acquisition thereof by Said City of Bangor," SA AMENEVENT TO LEASE AGREEMENT TRIS ANENR6NT executed in duplicate this day of 1975, by and between the HARBOR RECREATION CENTER, a body politic and Corporate, and the CITY OF &ANGOR, a municipal corporation. W IT NESSE T R: WHEREAS, the City of Bangor is the Owner of certain premises commonly known as Bass Park, located in said City, County of Penobscot, State of Mein, and having been conveyed to said City by Erwin S. Anderson, Successor Trustee under the Will of the late Joseph P. Bass by deed dated April 1, 1954; and WHEREAS, a portion of said premises was leased by the City to the Bangor Recreation Center, a body politic and corporate, by Indenture dated April 2, 1954, for a ton of thirty (30) years and for purposes of nstrnting the new Bangor Auditorium presently located on said premises; and WHEREAS, by Lease dated October 1, 1955, said Bangor Recreation Center did lease back to the City the same premises described in said Indenture dated April 2, 1954{ and WHEREAS, said Bangor Recreation Center is now providing for the construction of additional facilities at said Bass Park; and WHEREAS, the parties beretc do desire to emend said Lease of October 1, 1955, to provide for the inclusion of said new facilities. NOW, THEREFORE, it is mutually agreed between the parties as follows: 1. That the first paragra h of saidLeaas Agreements bar bG y , amended by ad�d'i _tlA 9 y - a, 0, all buildings and improvements described i a plan entitled 'Bass Park Improvements, Stable and Paddock Buildings", Consisting of 8 pages, plan No. G-835, dated December 15, 1974, a tons copy of said plan being on file in the office of the City Engineer. 2. That the acand paragraph of said Lease Agreement be deleted and replaced with the following: 'TO RAW AND TO HOLD fora period commencing on October 1, 1955, and ending on June 29 1 , 1995, yielding and paying a rental in an amount equal to the requirement$ of the annual warrant issued by the Trustees of the Bangor Recreation Center puts user to Sec. 4, Chapter 90, private 5 Special Laws of Moine, 1951, as amended," 3. That all references to 'building" in said Lease Agreement are hereby deleted and replaced with the teem 'buildings and improvements," u, -H CITY OF BAILdt (TMLE�) OMER2 Authorizing Execution and Apnral of Lease of Bangor Avditorium from B.mgor Recreation Center to the City of Bangor. By the City Council of the City of Bangor: OPXMM, THAT the City Reneger of the City of Bangor be and is hereby authorized for and ob behalf of the City of Borger. to execute the Lease attached hereto from the Bangor Recreation Center to the City of Bangor of the Bangor Auditorium and that said Leaee be hereby approved, 0 CIT COUNCIL" November 28. 1935 Amended by ueleting the stria "earthquake, floodn eat az amended P45M A true copy, Attest: This Lease made this first day of October, A.O. 1955) WITNESSETH: That Bangor Recreation Center, a body politic and corDorate lawfully created 'and duly existing under end by virtue of Chapter 90 of the private & Special Linea of Maine, 1951, naimneeded by Chapter 190 of the private & Special Sawa of Plaine, 1953, (herein- after celled the LESSOR) does hereby lease, demise and let unto the City of Bangor, a municipal corporation located in Penobscot County, State of Maine, (hereinafter called the LESSEE) [the folloning described property, namely; A certain mescal of land together with the building erected thereon by said Bangor Recreation Center knows as the Bangor Auditorium, all being situated within that part of said City known as Hass park, to wit: Beginning at a point on the heat side of Buck Street, 340 feet from the corner of Main Street; thence Northerly an the line of Buck Street a distance of 61o.00 feet to a point; thence Westerly, forming An interior angle of 90 degrees, a distance of 170.00 feet to a point; thence SOuthwestarly, forming an interior angle of 120 degrees 58 minutes, a distance of 174.92 feet to a point; thence Southwesterly, forming an interior angle of 206 degrees a distance of 267.85 feet to a point an the cmatim,ation of the Haat line of Detton Street;, thence Southerly, on said East line of Button Street, forming an interior angle of 123 degrees 10 minutes, a distance of 314.00 feet to a point; thence Easterly, forming an interior angle of 89 degrees 52 minutes, a distance of 485.24 feet to the point of beginning. Containing five and one-half acres, more or less. Meaning and intending hereby to lease the same premises described in a Lease from the Trustees of Base Park to said Bangor Recreation Canted dated April 2, 1954 together with said building erected thereon 4. That all other provisions of said Lease Agreement dated October 1, 1955 be and are hereby binding upon the parties in accordance with the terms therein. IN WMNESB VHEWOP, the parties hereto have set their hands and scale the day and year first written above. BANGOR BECRRATION CENTER By Chairman CITY OF &WWR BY Base Park Trustee Bass Park Trustee Bass Park Trustee STATE OF NAW PENOBSCOT,. as. June , 1975 Then personally appeared the show reined Alvera B. Byard, Merle P. Goff and Theodore C. Jellison and acknowledged the foregoing instrument to be their free act and deed in their B40 capacity, and the free act and deed of said City of Bangor. Before me, Justice of the Peace CTO HAVE Atm TO HOLD for a period Commencing October 1, 1955 and ending December 31, 1956, yielding and paying therefor the rental of '698,330.00 payable as follow: 62,400.00 on or before February 1, 1956: 612,965.00 an or before April 4 1956: ilo,400.00 an or before I, f✓ August 1, 1956; and 652,965.00 on or before October 1, 1956; said rental of ^y98,330.00 being the amount currently estimated to most the warrant to be issued in 1956 by the Trustees of Bangor Recreation Center assessable against the palls and estates within the district comprising said candor Recreation Center. PROVIDED tavERTHELSc that said rental shall in any event be in an snow equal to the actual requirements of said warrant,, Said Lessee atoll have the privilege at the end of amid term to renew this Uses from year to year upon such terms and con- ditions as may be mutually agreed upon by the said Lessor and the said Lessee. Said Losses does hereby covenant that it will cause said demised premises to be used and operated for such public and semi- public purposes as are in accordance with the provisions and restric- tions of the Will of the late Joseph ^. Base. Said Lessee does covenant to quit and surrender up said premises to the Lessor at the and of said term or any renewal thereof in the same condition as it we at the time of commencement of this Lease, ordinary use and neer thereof only excepted. Lessee hereby covenants that Lessor may enter to view and make improvements and to expel the Lessee if it shell fail to pay the rest aforesaid whether or not said rept be demanded, or if it sball make or suffer any strip or waste thereof, or shall fail to quit and surrender the premises to the Lessor at the end of said term in manner aforesaid, or shoo folate any of the cover nt or agreements in thin._ Lease by the $aid Lessee to be perfumed, The Lessee hereby covenants and agrees that it will at all times and at its mm expense during the term of this Leese or any renewal thereof head said building fixtures insured against lose or damage by fire, vandalism, lightning, hurricane, earthquake, flood, boiler or any other kind of explosion. The Lessee shall and will during the tern of this Lease or any ranesal thereof at its own Cost and expense carry public liability insurance to the limits commonly known as 050,000.00.to $5001000,00. The policy shall cover for accident or damage in the demised premises, sidewalks, entrance ways, parking areas and all other portions of the premises and building in the control of or used by said Lessee. The Lessee hereby covenants and agrees to IndeimSfy add save harmless the Lessor against any and all claims whatsoever arising from the conduct or mmmgement of or from any work or thing whatsoever done in, or or about the demised premises and arising from any act of negli- gence of said Lessee or any of its agents, sub-lesaeas, employees or occupants of said building, or arising from any accident, injury or damage whatsoever, however,caused, to any person or persons, _ s- tion or corporations, occurring cluing said term or any, renewal thereof in, om or about the demised premises. IN WITNESS UHER JF, the Bangor Recreation Center, by its Chairmen and its Treaspfer, hereunto duly authorized, and the City of Bangor, by its City Maueger, hereunto duly authorized, have here- unto set their bonds and have affixed the corporate deal of the Baagor Recreation Center and the corporate seal of the City of BnnCor on the day and year first above isritten. BANGOR RBCMTION CMM /S/ iry B•N. Neskel�l____ Chairmav Authorised and approved by /S/ � City Council of Bangor. Plains, Treasurer by Order duly Passed + CITY OF BANGOR 1955. Attest: By City Clerk City I:IanaQer Approved as to form: Abraham J. Stern City Solicitor