HomeMy WebLinkAbout1975-06-30 268 AC ORDER268 AC
Introduced by Councilor Speirs, dune 30, 1975
Special Meeting
CITY OF BANGOR
(TITLE) Mrkr Auth i ng hxecut n of Lease,Agreement mitM1 Ban& .r
State Fair, Inc. - Bare park
By W City Caused of W CityafBaayar:
..ORDERED.
TUT the bass park Trustees are hereby authorized and directed,
and approval is hereby granted by the Bangor City Council, to execute
a Lease p mement, a true copy of which is on file in the office of
the City Clerk and made a part bereof, providing for the lease of certain
precises at Bass park on terms and conditions provided therein to Bangor
State Fair, Inc.
1
IN CITY CO IL
Iwe 30, 1975
tease "re went amended a
desctibed onattached sheets.
As amended, passed. ".
®'•CITY C '%L(
266 AC
0 DER f
T¢RLe,-
Authosizing fxecution of Lease Asweeent
,q}�4,¢gLgo[{State Fai;��inc...- Hass Paik
RE -C py
IST$ NN 23 .N :y*'*
CITY c0.ERKS OFFICE
.,�Iv dF 6a N�•Ol1 NAME
LEASE AGMs M
THIS LBABB AGREFIffiM mde and executed in duplicate this
day of , 1975, by and between RIVER& R. BUM, MRLE F. COFF AN
THEODORE C. JSLLLSON, all in their opacities owe Trustees of Hate Park and
In and on behalf of the CITY of BANGOR, a municipal corporation, all as
Leasure, and BANGOR STATE PAIR, INC., as Lessee.
WITNESSETH:
NIMPAS, the City of Bangor holds a determinable fee interest
in certain premises commonly known as Sass Park, located to said City, County
of Penobscot, State of Voice, and said prmises having been conveyed to said
City by Irwin S. Anderson,. Successor Trustee under the Will of the late
Joseph P. Use. by deed dated April 1, 1954: and
WHUH&S, a portion of said Baca Park was leased by the City to
the Bangor Recreation Center, a body politic and corporate, by Indenture
dated April 2, 1954, for purposes of constructing and operating the mw
Bangor Auditorium, so-called, presently located on said premises; and
WHEIEAS, by Lease &red October 1, 1955 said Bangor Recreation
Canter did lease back to the City the once portion of Use Park on which
said Audltorim is located, and described in said Ind"enure dated April 2,
1954; and
WHEREAS. said Bangor Recreation Center IS now providing for the
construction of additional facilities at Baas Park; and
MRSIM, Banger State Fair, Inc, wishes to we said AWLtorLm
and additional facilities for purposes of operating an agricultural fair,
harness. racing and for other purposes; and
WHEREAS, said Unger Recreation Center has provided for the
lase to said City of banger of said additional facilities.
HW, TIERSPORB, the parties do hereby maturity agree
as follows:
AMICLE I PR@RSES: Lessors, in consideration of the rents,
chargee, and other free to be paid by the Lessee, and the obligation to be
performed by Leases as hereinafter provided, do hereby grant, and lase
unto Lessee, and Lessee dean hereby take, lease AM hire, upon the conditions
hereinafter exprssaed, three certain parcels of lend, with the buildings
thereon, outlined and Indicated upon the cap accused hareto as Exhibit A.
All parties hereby acknowledge the actual boutderlae, location, and extent
of the damned promisee upon she face of the earth, as intended to be
represented by said mp.
ARTICLE II TERK:
A. subject to the .terms and cmdttloa contained herein, thio
Agreement shall carnes on the Wth day of June, 1975, and expire on the
29th day of Joan, 1995.
B. The Lassoes hereby lease to laseee the promises commonly
know as the Bangor Auditoriums: AM adjacent parking areae described In an
7Mentvre dated April 2. 1954. An existed Drier to amendment to said
Indenture as of this date, between the City of Baur and the Bangor
Recreation Center for those periods each year from the commencement of the
term hereof until duan 29, 1995 which cotacide with the dates of the
agricultural fair, not to exceed three (3) weeks, sponsored by the Leasee,
to include a reasonable number of days before and after said dates to allow
for set-up and cleanup of the premises.
C. Subject to the terms and conditions contained herein, and in
particular, the conditions provided In Article IV, Paragraph A of this
agreWaut, Leseora hereby lease to Lessee the rest and race lnder of the
promisee indicated on Exhibit A attached hereto for the term of this agree-
ment, it being understood and agreed that the We of all or a portion of said
promisee shell always be under the direction and control of the City of
Bangor Within the meaning and intent of the provisions of the Will and
Codicils of the tete Joseph P. Was, the restrictions found in Chapter 1I,
Article 30 of the Ordinances of the City of Bangor, and all other restrictions
now existing in respect to the use and occupancy of said premises.
ARTICLE III RENTAL CHARGES;
A. Leaseshell pay to the Lessors those amounts that may be
necessary from time to time to meet the responsibilities of the City of
Bangor to make payments on interest and/or principal upon certain bonds
Issued subsequent to January 1, 1975, and outstanding on the part of the
Bangor Recreation Ceatmr. Said payments by Lessee shall be due and
payable on December 21 of each year, ell in accordance with and In conformity
with Section 4, Chapter 90, P S S L of 1955, as emended.
B. Lessee shall pay to the Lessors each year, o r before
December 21, On amount equal to the principal and interest payments which
the City of Bangor small be required is said each year to pay to Elaine Bose
Pierce for the purchase by the City of Bangor of a lot or parcel of land, now
owned by Elaine Bean Pierce, and shown on a plan entitled "Race Estate
property", dated December 11, 1953, prepared by Prentiss 6 Carlisle Co.,
Ino. Should the City of Banger elect at any time to prepay all or a portion
of the principal outstanding under said purchase for said land, than Leasee
shall pay each year, o or before December 21, a amount equal to the
principal and interest payments which the City of Bangor would have been
required to pay In said each year to Elaine Rue Pierce lad the City of
Bangor not so elected to prepay said outstanding principal.
C. lessee shall pay to the City of Bangor those amounts which
My be required from time to theeto compensate said City for labor, services,
equipment supplied to lessee and all costs of insurance of any type whatso-
ever as may be necessitated by Lessee's occupancy of said promisee.
D. In the event that there may be, from time to time, insufficient
monies to pay all of the show, and in the event that default ptovielons
hereinafter Specified era not invoked, then said monies shall be applied
fire t to theme obligations Ind luted In Article Ili A above, and secondly
to those obligations Indicated in Article III B above, and lastly to those
obligations indicated in Article III C above. Nothing herein shall prohibit
the Lessors from exercising their rights in the event of default by Lessee a
provided hereunder. In the event that Leonora exercise such discretion, any
unpaid rental or other chargee shall acarus to the benefit of the Lessors or
any of than, and shall bear interest at a tate to be agreed upon by the
parties.
R. On or before larch l of each year during the term hereof
Lesson shall submit to Lessors financial statements audited by a certified
public accountantofits affairs, said statements to include but not be
against any person or group of persons to any manner. in the use and
o eupaney of said premises. _
D. Leasee deep hereby covenant and agree with Lessors that It
will leave the premises at the expiration or prier termination of WL Used.
in as good condition As received, exception reasonable war and use end/or
d$nagee aristag from the negligence or default hereunder by the Lessors; ant
will maintain, at its sole expense, said premises in as good a coalition an
received; provided that any maintenance resulting from the City's use of said
promisee shall be the responsibility of the City.
E. on or before December 5 of each year Lessee eMll give notice
In writing to Lessors, said action to be delivered to the City Hanger of
the City of gauger, as to its pian and intention to conduct orsponsor an
agricultural fair and/or harness racing on the subject promises for the
eubaegnn year. Failure by the Lessee to give such notice, or election by
Leasee in said notice: to not conduct or sponsor an agricultural fair and/or
harness racing on the subject premises for the subsequent year Shall conti-
tube atermination of this Agreement, any other provisions of this Agreement
Totwithstamding, and Lessor shall have the right to immediate possession of
Said promisee, with all rights and pr tvilegeS of leaden is the control and
management of said premises to thereby be heated with Lessors, and this
Agreement, except for all financial liabilities incurred by Leasee to
Lessor, thereunder, shall cease. Useee shell seek and obtain Bangor City
Council approval prior to its annual application to any appropriate State
agency or co®taelon for assignment of dates of the number of days an which
harness ening and the agricultural fair nay be conducted on the promises;
it being agreed and Understood between the parties that do harness racing
ant/or agricultural falx shall be conducted on the -promises in any one year
in eacese of such periods as may ba approved by the City Council. Da or
Before April let of each year Lessee shell notify Lessors of such dates as
may have been Assigned for such purposes. -
F. Lessee takes all buildings, Improvemanre and utility systems
In their present condition and as presently located. Lessee shall be
responsible for all utility cervices composed upon the premise$. In the
ant that Meade wishes to Uter, improve, or otherwise change such
buildings, improvements, utility system, or construct additional buildings
in or about the premises, ac such alteration, Omprovement, construction o
other change shall be made Until lessee has received written approval £tea
the City Engineer. The City Engineer shell not grant such written approval
until Lessee has received all appropriate approvals by third Parties as may
be required by law and ntll appropriate pian fur such construction,
Alteration, improvemaat or change have been submitted to the Lessors by
Losses; provided, however, that the cometructlon of now buildings on said
promisee shall also require approval by the ganaor City Council
G. Lessee agrees, at its sole expense, to maintain the necessary
police and fire protection as my be required by the Chiefde of the
respective departments', relative to Its Use and occupancy of said premises.
R. Lesson do hereby grant to the Lessee the privilege of using
such parking areae located at Bass Park, a called, as are designated an
Exhibit A attached hereto at any and all times necessaryduring the berm of
Chu Lace for activities sponsored er presented by the Lessee as My be
approved by the header City Council on said premises, without the payment of
further rental chargee. Lessee further agrees not to interfere or prohibit
the me of said parking areas at rimes other than when the agricultural fair
r harness moves is Ming conducted. an said premieee in a server which will
interfere with the operation and use ofthe Are Bengor Auditoriwa and other
facilities within the promisee.
Frdr;ielye:f'�rF YI,J] Irdi
A. Wring the term of this agreement. Lessee shall maintain
Liability insurance with congeries authorized to do "moss in the sure of
Mine for the protection of the Trustees of Bees packand the City of Bangor,
Its officers, agents and employees, who shall be speed as additional insureds
Against all claim, losses, costs or expenses arming out of injuries to
"too", whether or not employed by Leasee, or swages to property Nether or
not resulting pram sees, omissions, negligence or otherwise of the Lessee,
its directors, officers, employees and agents, concessionaires, members of
the general public and arising from the we of the premises herein leased or
'any part or portion thereof. Leaest's liability insurance shall provide
such coverages and in Both sensors as may be required by Leseors.
B. Lessee shall case to be furnished to the fracture evidence
in the form of Certificates of Inevrase of the existence of continuance in
Cotte of the inaccurate required hereuMev:
ABTICLg VI lirgooTTy: Lessee shall indemnify and save hurricane
lessors and each of them, and all of their employees aha agents, item and
agaist any and all cla Was of or on behalf of any person, drm, corporation,
arising froa the Lasece'e me, Occupancy, conduct or Assgement of or fron
any work or thing whatsoever in or about the premises heroin leased by the
Less", any representative or invites of Leese*, or any m, bar of the
general public.
ARTICLE yll CoyeMNf op OOIgx EWYNEMf: The Lessee, subject to
the Lerma aha pravuuno of this agreement, upon syment of the rental
chargee and observing, keeping and performing all of the terms and obli-
gations; of this agreewaat on Its part to be observed, kept and performed,
shall lawfully, peaceably and quietly have, hold, occupy and enjoy the
leased presume during the term hereof without hindrance or rejection by
the Lessors or uq other person or persons Lawfully clawing order the
Lessors.
ARTICtB VIII TEMINATION:
A. If the Lessee SM11 neglect of fall to pay the rent or ether
chargee payable hereunder, and each default shall continue or shall otherwise
resile uuvesolved for a period of thirteen (13) months after written notice
thereof by the aggrieved Lessor or Lessors, said Lessor or Leeson lawfully
My, hmed(stely or at arty time thereafter, and without deeand or notice,
enter into and upon their respective promisee and repossess the same, and
expel the Leasee and those claiming eager said Lessee, and upon entry as
aforesaid thin agrowent as to said Lesser or Lesson shall automatically
terminate.
B. If Lasses shall neglect or fail to perform any of the other
severance, provisions; or conditions of this Leave Agreement, or 1£ the Lessee
shall he declared bankrupt or Insolvent according to law, or if any Resign -
want shall be wade of the property of the Less" for the benefit of
"editors. and if said condition or conditions shall continue for a period
of chitty (30) days after written stice thereof bya Lessor or. Lessen then
said Lessor Lenora lawfully way, imeediately or at airy cin thereafter,
and without demand or notice, enter into and upon their respective premises
AM repossess the same, and expel the Lessee and those claiming under said
Less", and upon entry as aforesaid this Agreement as, to said Lessor or
hawsers Shall automatically terminate.
C. Be the event Lessee is dissolved, the assets of Lessee, to
the extent permitted by law, shell be distributed to the City of Bangor for
purposes of providing for the continued operation end maintenance of the
facilities at Use park.
ARTICLE LT wAMR: Failure on the part of the Leaders or any
of them to complain of any action or non -action on the part of the Leeeee n
matter has long the Same may continue SM11 never be deemed to be a waiver
of any of the Masers' rights hereunder. In addition, no waiver at any time
of arc/ of the provisions hereof by any of the Lessors SM11 he construed as
waiver of any of the other provisions hereunder or of any of the other of
the Lessors, and a waiver at any thus of any of the provisions hereof sMll
set be ednstaued at any subsequent rise as a waiver of the Same provisions.
ARTICLE % SUCCESSION AND ASSIGNABILITY: All provisions of this
agreement shell extend to, blvd and Imre to the benefit of the Lessors and
the Lessee, a" their successors and assigns. Lessee SM11 set encumber,
mortgage, assign, transfer or sublet its interest or any Part thereof under
this agreement without the prior expressed written consent of the Lessors,
other than in the ordinary course
of business for purposes of conducting an
agricultural fair and/or Mrmnracing at Bess park. For purposes of this
agreement, leeeors hereby consent and agree that Lessee may rent or sublet
Suitable apace for the keeping of animals free time to time, but net for
human occupancy, during the been hereof and at such time as may be established
by lessee.
ARTICLE %T M3s)MNDUH 09 LBASE: The parties hereto agree that
a Nemorandem of this Lease Agreement my be prepared and recorded in the
Penobscot County Registry of Deeds, and further agree to cooperate to what-
ever extent necessary toprepare and execute name.
IN WITNESS WHEREOF, the Parties hereto have set their hands and
Seals the day and year first written above.
CITY OP MNCAR
Ey
Base Park Trustee
Bass Park Trustee
Base Park Trustee
BANGOR STATE FAN, M.
BY -
STATE or MAINE
PENCESCCT, es Jum. ,.1975
Then perennially appeared the above nmd A1Vera H. eyard, Wale
P. Coff and Theodore C. Jellison and acknowledged the foregoin instrument
to be their free Oct and deed in their said apactcy, and the fna ant and
deed of said City of Eaegor.
nefore w,
Justice of the Peace
limited to a balance sheet, a Statement of its imam and expenses for its
pee0iowly concluded fiscal year and a budget (pro -forma) of its projected
Income and expenses forthecurrent fiscal year.
F. At the end of Any am year. should the year-end balance
sheet required above of Lessee ease a "ah surplus petition, for purposes
of this Agreemeat cashsurplusbeing defined to include that emomt of rash
n hand which Is in Across of cash requiremeato of Leasee to meet its current
liabilities, them, and only in that event, the treasurer of Lessee Shall
name to be deposited is an appropriate reserve or sinking fund account for
the purpose of meting current or future rental payments such amount as will
equal 502 of said cash supplus, said deposits to said reserve or sinking
find account Co be accrmd in future years to s maxima amunt equal to the
emwl obligations of Laveur to make moral payments pursuant to Seetiom
A and B'of Article III of this Agreement.
AM I= IV USE AM OCCUPANCY OF THE PgHAISES
A. In theme aid occupancy of cop of the lands, buildings o
Mprove mens herein leased, Leasee shall me, occupy and miatain said premises
for Puniness of operating an agricultural fair, aid/or for conducting harness
ruing, and/or for other public park purposes, and/or for ether purposes
conducted Is an efficient and Impartial manse consistent with its corporate
charter and its statue as a non-profit corporation{ provided, however, that
Uses* shall int we any of the promises within the boundaries of boas Park
for. any purpose ocher than an agricultural fair and/or for conducting harness
acing without the prior expressed written comm[ of the Hager City
Council. Provided further, however, that lases* shall move the premises
herein leased to be maintained Aad operated for such public and mmi-public
purposes as are required in Section 1, Chapter 90, Private 6 Special Laws
Of Mine of 1951, As they my apply to the Bangor gravamina Center, and
within the waning and intent AM as to not conflict with the provisions
and restriction contained In the Will and Codicils of the Late Joseph PI
Baas: within the waning and intent of all ordinances of the City of Bangor,.
AM all Losses and agreements to which the City IS a party, as may apply to
the operation and control of said Mae Park. In the event that Leasure
conclude that any use or proposed me of the sessions or any building thereon
would be in violation of SAW provisions, said Lessors shall give notice to
the Lessee Sed Shall request cast Maid me or proposed use hatiiscontinued
and int permitted. In the event of reealpe of Such series, the Leasee SM11
(mediately discontinue such we, or as the wee my be, prevent such me
Until the request is withdrawn Or the proprietary of such me or
proposed me is judicially established. It to further provided, always, that
any willful aha cautioned breach by the Lessee of any of the Severance herein
contained will constitute a default by Lessee of the conditions of this Mese
aha Leeson may reenter upon the premises and declare thin Uses forfeited
AM said aur ended in accordance with Article VLIL Money. in the me AM
Occupancy of said premises, Lessee Shall Out ismpolir* or attempt to msepo-
ILee the we and availability of said premises for recreation purposes by the
general public, including was for snowmobile race$, recreational slating AM
antique shows. It In Agreedaidunderstood that the City Of Bangor shall
retain control Of the premises AM any buildings thereon to the extent
mesary for the purpose In preventing any infraction by the Lessee of the
conditions hereunder.
B. The Lessors asks* that vo circus, fats, or carnival shell
mcupy the premises within oma math of those meas designated for the
agricultural fair as described In Article II B herein, without the
expressed written approval of the Lessee.
C. Lomas shell int discriminate in any wear prohibited by Lae
LEASE AGREEMENT
THIS LEASE ACREEPEK made and executed in duplicate this
day of , 1975, by and between ALVEM R. VARB, PEELS F. COFF AND
THEODORE C. JELLISON, all in their capacities as Trustees of Sass Park and
in and on behalf of the LTTy OF RANCOR, a municipal corporation, all as
Lessors, and RANCOR STATE FAIR, INC., as Lessee.
WITNESSETH:
WHEREAS, the City of Bangor holds a determinable fee interest
In certain promises commonly known as Bess Park, Located in said City, County
of Penobscot, State of Maine, and said promisee having been conveyed to said
City by Irwin S. Anderson, Successor Trustee under the Will of the late
Joseph P. Base by deed dated April 1, 1954; and
VEEREAS, a portion of Said Base Park was leased by the City to
the Bangor Recreation Center, a body politic and corporate, by Indenture
dated April 2, 1954, for purposes of constructing and operating the new
Bangor Auditorium, so-called, presently located on said Premises; aid
WHEREAS, by Leese dated October 1, 1955 said header Recreation
Center did lease back to the City the same portion of Baca Park on which
said Auditoria is located, add described in said Indenture dated April 2,
1954; and
WEREw S, said Bangor Recreation Center is new providing for the
construction of additional facilities at Bass park; and
WEEREAS, Bangor State Fair, Inc. wishes to we said Auditorium
and additional facilities for purposes of operating an agricultural fair,
harness racing and for other purposes: and
WEEMS, said Henget Recreation Center has provided for the
lease to said City of Bangor Qorsaid additional facilities.
NOW, THEREFORE, the parties do hereby mutually agree as
follows:
ARTICLE I PRESECES: Lessors, in consideration of the rents,
charges, and other fees to he paid by the Lessee, end the obligations to be
performed by Lessee as hereinafter provided, do hereby grant, and lease
veto Lessee,and Lessee does hereby take, lea and hire upon the conditions
hereinafter expressed, those certain parcels of land, with the buildings
thereon, outlined and indicated upon the map annexed hereto as Exhibit A.
All Parties hereby acknowledge the actual boundaries, location, and extent
of the deniwd premises upon the face of the earth, as intended to be
represented by said map.
ARTICLE EI THEM:
A. Subject to the terms and Conditions contained herein, this
agreement shall c on the 30th day of June, 1975, and expire on the
29th day of June, 1995.
B. The lAwOrs hereby Lease to Leasee the premises described
in-aT`Ndentwe dated April 2, 1954, between the City of Ranger and the
Bangor Recreation Center for those periods each yearfrom the commencement
ment
of the term hereof until June 29, 1995, which coincide with the dates of the
agricultural fail, set to exceed three (3) weeks, and harness racing sponsomei
by the Leasee, to include a reasonable number of days before and after said
date& to allow for set-up and Cleanup of the premises, each year during said
term herein.
C. Subject to the taxes and conditions contained herein, and in
particular, the conditions provided in Article IV, Paragraph A of this
agreement, Lessors hereby lease to Lessee the rest and remainder of the
premises Indicated on Exhibit A attached hereto for the term of this agree-
ment, it being understood and agreed that the use
of all o a portion of said
e
prem sha1L always be under the direction and control of the City of
Bangor within the meaning and intent of the provisions
of the Will and
Codicils of the late Joseph P. Baer, the restrictions found in Chapter IT,
Article 30 of the Ordinances of the City of Bangor, and all other restrictiome
now sainting in respect to the use and occupancy of said premises.
ARTICLE III RENTAL CHANCES:
-- A. Lessee shall pay to the Lessors those =costs that may be
necessary from time to time to meet the responsibilities of the City of Bangor
to make payments on interest and/or principal upon certain bonds presently
issued and outstanding on the part of the Bangor Recreation Center. Said
Payments by Leasee shall be due and payable ten (10) days in advance of the
date payment is due to be made by the City of Bangor to the Bangor Recreation
Center.
B. Leasee shall pay to the City of Bangor those amounts Which
my be necessary from time to time for said City of Bangor tomakepayments
of interest find/or principal to the seller of the premises indicated as
on Exhibit A attached hereto.
C. Lessee shall pay to the City of Bangor those Amounts which
may be required from time to"thow to compensate said City for labor, services,
equipment supplied to Lessee and all costs of insurance of any type shares -
ever as may be necessitated by Lessee's occupancy of said premises.
B. Io the event that there may be, from time to time, insufficient
monies to pay all of the above, add in the event that default provisions
hereinafter specified are not invoked, then said monies shall be applied
first to those obligations indicated In Article III A above, and secondly
to those obligations indicat9d in Article III B above, and Lastly to those
obligations Indicated in Article III C above. Nothing herein shall prohibit
the Lessors from exercising theil rights in the event of default by Leasee a
provided hereunder. In the event that Lessors exercise such discretion, any
unpaid rental or other charges stall accrue to the benefit of the Lessors or
any of them, and shall bear interest at a rate to be agreed upon by the
Parties F
ARTICLE IV USE AM OCCUPANCY OF THE PRgMI5E5:
A. In the we and occupancy of any of the lands, buildings o
improvements herein leased. Lessee shall we, cupy and maintain said promise
for purposes of operating an agricultural fair and/or for conducting harness
acidgpor for other purposes conducted in an efficient and impartial manner
consistent with its corporate charter and its statue as n.profit
corporation; provided, however, that Lessee &ball not we
any of the premises
within the boundaries of Bass Park for any Purposeother than an agricultural
fair and/or for conducting harness racing withoutthe prior expressed written
consent of the Bangor City Council. Provided further, however, that Lessee
shall cause the premises herein leased to be maintained and operated for such
public and semi-public purposes as are required in section 1. Chapter 90,
Private S Special Laws of lafna of L951, as they may apply to the Bangor
Recreation Center, and within the wading and icteat and as to not conflict
with the provisions and restrictions contained In the Will and Codicils of
the late Joseph P. Base under which said City of gangorrecelved the promisee
known as Bees Park; within the meaning and intent of all ordinances of the
City of Bangor, and all losses and agreements to which the City is a party,
as may apply to the operation and control of said Base Park. In the event
that Lessors conclude that any me or proposed we of the promisee or any
building thereon would be in violation of said provisions, said Leershall
a
give notice to the Lessee and shall request that said m r proposed we be
discontinued anv
d not permitted. In the event of receipt of such notice, the
Lessee shall immediately discontinue such we, s the case may be, prevent
such use until the request is withdrawn or the proprietary of each use or
proposed we is judicially established. It is further provided, always, that
any willful and continued breach by the Lessee
of a" of the careworn herein
contained will constitute a default by Lessee of the conditions of this Lease
and Lessors may reenter upon the promises and declare this Lease forfeited
and said term ended in accordance with Article viii hereof. In the we and
occupancy of said Promises, Lessee
but t m nopolize o attempt tomonopo-
lize the us and availability of said premises for recreation purposes by the
general public, including was fore wmobile m ational skating and
antique shows. It is agreed and understood that the City of Bangor shall
retain control of the promises and any buildings thereon to the extent
necessary for the purpose in preventing any infraction by the Leasee of the
conditions hereunder.
B. The Lessors agree that no Circus, fair, orcarnival shall occupy
the premises within one month of [hese weeks designated for the agricultural
fair as described in Article Ix B herein, without the expressed written
approval of the Leasee.
C. Lessee shall not discriminate inany manner prohibited by law
against any person or group of persons in any Owner, in the use and occupancy
of said promisee.
D. Lessee does hereby covenant and agree with Lessors that it will
lea a the premisee at the expiration or prior termination of this Lease in a
good condition asreceived, excepting reasonable weam
r andar and/or damages
arising from the negligence or default hereunder by the Lessors; and will
maintain, at its sole expense, said premises in as good a condition as
received; provided Nat any maintenance resulting from the City's use of said
promisee shall be the respone ibility of the City.
B. Lessee am 11 seek and obtain Badger City Council approval
prior to its annual application to a" appropriate grace agency or commission
for assignment of daces on which harness racing and the agricultural fair may
be conducted on the promises; it being: agreed and understood between the
Parties that an harness racing and/or agricultural air shall be conducted on
the promises in any oyear in s of such periods a my he approved by
de
the City Council. On or before Aprillet of each year Lessee shall notify
Lessors of such dates as my have been assigned for such purposes.
F. Lessee takes all utility system in their present condition and
as presently located. Lessee shall be responsible for all utility services
n,mad upon the promises. In the event that Lessee wishes to alter, improve
G=or otherwise change such utility systems in or about the premises, nos uch
r
Alteration, improvement o other change shell be made until Lessee bus
received written approval from the City Engineer. The City Engineer Shall
not grant such written approval until appropriate plans for such alterations,
improvements or changes have been submitted to the Lessors by Lessee.
G. Lessee agrees, at its sole expense, co maintain the necessary
police and fire protection a my be required by the Chief's of the respective
departments, relative to its use and occupancy of said promises.
H. Lessors do hereby grant to the Lessee the privilege of using
such parking areas located at Bags Park, so-called, as are designated o
Exhibit A attached hereto at any and all clean necessaryduring she tem of
this Lease for activities sponsored or promoted by the Leasee as may be
approved by the ganger City Council on said premises, without the payment of
further rental chargee. Lessee fetcher agrees not to interfere or prohibit
the use of said parking areas at times other than when the Agricultural fair
or harness racing is being conducted on said premises in a mater which will
interfere with the operation and use of the new Bangor Auditorium and other
facilities within the premises.
ARTIC E V INSUNWCE:
A. Wring the term of this agreement, Leasee shall maintain
Liability insurance with companies authorized to do business in the State of
Maim for the protection of the Trustees of Was park and the City of Senor,
its officers, agents and employeeswho abali be coed a additional. insureds
againsta
all claims, -los costs r
o expenses arising'out of injuries to
persons, whether o not employed by Lessee, eor damage to property whether or
not resulting fray acts, emissions, negligence or otherwise of the Lessee,
its directors, officers, employees and agents, concessionaires, members of
the general public and arising Exam the a of the premises herein leased or
any part or portion thereof. Lessee's liability i shall provide
such coverages and in such amounts as my be requiredby Lessors.
B. Leasee shall cause to be furnished to the Trustees evidence
in the form of Certificates of Insurance of the existence of contfnnance in
force of the insurances required hereunder.
ARTICLE VI INB®RVITY: Lessee shall indemnify and save harmless
Lessors and each of them, and all of their employees and agents, from aha
against any and all claim on or on behalf of any person, firm, corporation,
arising frm the Lessee's use,
occupancy, conduct a management of or item
any work or thing whatsoever in r about the premises herein teased by the
Lessee, any representative or invitee of Lessee, or any member of the
general public.
"II= VII COWHANf OF QUIET ENJOYMENT: The Lessee, subject to
the Lerma and provisions of this agreement, upon payment of the rental
Charges and observing, keeping and performing all of the terms and obli-
gations of this agreement on its part to be observed, kept and patterned,
shall lawfully, peaceably and quietly have, Mid, occupy and enjoy the
leased premises during the term hereof without hindrance or rejection by
the Lessors or any other person or persons lawfully claiming undet the
Lessors.
AIQICLE VIII TEMINATION:
A. If the Lessee shall neglect or fail to pay the rent or
other -
charges payable hereunder, and such default Shall continue orshall otherwise
emit solved for a period of thirteen (13) months after written notice
thereofbythe aggrieved Lessor or Lessors, said Lessor or Lessors lawfully
my, Immediately or at any time thereafter, and without demand or notice,
enter into and upon their respective premises and repossess the s and
expel the Lessee and those claiming order said Lessee, and upon entry a
aforesaid this agreement as to said Lessor or Lessors shall automatically
terminate.
B. If Lessee shall neglect Or fail to perform any of the other
Covenants, provisions or conditions of this Lease Agreement, or if the Lessee
shall be declared bankrupt o c
solvent according to lany w, or if aAssign-
more be made of the property of the Lessee for the benefit of
[editors, and 1£ said condition or conditions shall continue for a period
Of thirty (30) days after written notice thereof by a Lessor r seasors then
said Lessor or Lessors lawfully my, immediately or at any tlma thereafter,
and without demand or notice, enter into and Won theirrespective premises
and repossess the sa and expel the Leasee and those claiming under said
Leasee, and Won entry as aforesaid this agreement as to said Lessor or
Lessors shell automatically teamimate.
� C .
ARTICLE Is WAIVER: Failure on the part of the La99ora Or any
of them to complain of any action or non -action on the part of the Lessee n
setter hos long the same may continue shall never be deemed to be a waiver
of airy of the Lessors' tights hereunder. in addition, an waiver at any time
of any of the provisions hereof by any of the Lessors shall be construed a
waiver of any of the other provisions hereunder orof any of the other of
the Lessors, and a waiver at any time of any of the provisions hereof shall
not be construed at any subsequent time as a waiver of the same provisions.
ARTICLE X SUCCESSION AND ASSIGNUCILITY: All provisions of this
agreement Shall extend to, bind and inure to the benefit of the Lessors and
the Leasee, and theiroand assigns Lesseeshall not encumber,
mortgage, assign, transferorsublet its interest or any part thereof under
this agreement without the prior expressed written consent of the Lessors,
Other than in the ordinary course of business for purposes of conducting an
agricultural fair and/or harness racing at Bass Park. For purposes of this
agreement, Lessors hereby consent and agree that Lessee may rent or sublet
suitable space for the keeping of aninals from time to time, but not for
Inner, occupancy, during the term hereof and at Such timesras may be establis
by Lessee.
ARTICLE XI HEMORANDM OF LEASE: The parties hereto agree that
and�a � Lease Agre®ent may be prepared and recorded in the
Penobscot County Registry of Deeds, and further agree to cooperate to what-
ever extent necessary to prepare and execute same.
IN WITNESS WHEREOF. the parties hereto have set their hands and
seals the day and year first written above.
CITY OF MNGDR
BY
Bees Park Ttmiee
Bass Park TruStee
pass park Trustee
BANGOR STATE FAA, INC.
STATE OF MINE
PBNOBSOJT. as. June 1975
Then personally appeardd the above arced Alveta N. Byatd, Merle F.
Cuff and Theodore C. Jellison and acknowledged the foregoing instrument
o be their free act and deed in their said capacity, and the free act and
deed of said City of Bangor.
Before M.
Justice of the Peace
c
3. That the Lease Agreement between the City of Bangor and Bangor
State Fair,. Inc. be amended as follows:
(a) Article LI B to be amended as follows:
✓B. The Lessors hereby lease to Lessee the premises
commonly known as the Bangor Auditorium and adjacent
parking areae described in an Indenture dared ApriL
2, 1954, as existed prior to amendment to said
Indenture as of this date, between the City of Bangor -
and the Bangor Recreation Center for those periods
each year from the commencement
rm of the tehereof
until June 29, 1995 which coincide with the dates of .
.the agricultural fair, cut toexceed three (3) wee",
sponsored by the Lessee, to include a reasonable
caber of days before
and after said dates to allow
for set-up and cleanup of the premises.
(b)/Article III A to be deleted and replaced with
the following:
A.) Lessee shall pay to the Lessors those amounts
that mty. be necessary
meary from time to time to et the
responsibilitiesof the City of Bangor to make pay-
ments on Interest and/or principal upon certain
bonds issued subsequent to January 1, 1975, and
outstanding on the part of the Bangor Recreation
Center. Said payments by Leasee shall be due and
payable on December 2L of each year, all in a ordance
with and in conformity with Section 4, Chapter 90, -
P fi S L Of 1955, as amended.
Raddndment to Lease agreement between City of Bangor and Bangor State Fair Corpr
Article III, B to be deleted and replaced with the following:
"Leasee Shall pay to the Lessor each year, on or before December 21,
an amount equal to the principalUK and interest payments which the
City of Bangor Shall be required said each year to pay to
Elaine Base Pierce for the purchase by the City of Bangor of a
lot or parcel of land, now owned by Blaine Bass Pierce, and
shown on a plan entitled "Bees Estate Property dated
December 11, 1953, prepared by Prentiss & Carlisle Co. Ino. ,
Should the City of Bangor elect at any timeto prepay all or a portion
of the principal outstanding under said purchase for said land, then
Leasee shall pay Iris each, year, on or before December 21, an amount
equal to the principal and interest payments which the City of Bangor
would have been required to paynto FC Bsae Pierce had the City of
Bangor not so elected to prepay six said outstanding principal.
)
11//
la)
Article III to be amended with the following:
E. On or before March 1 of each year during the
term hereof Lessee shall submit to Lessors financial
statements audited by a certified public accountant
of its affairs, said statements to include but not be
-
Limited to a balance sheet, a statement of its incmre
and expenses for its previously concluded fiscal your
and a budget (pro -forma) of its projected income and
expenses for the current fiscal year.
OV
Article III to be amended with the following:
E. At the end of any one year, should the year-end
balance sheet required above of Lessee show a cash
surplus position, for purposes of this agreement cash
surplus being defined to include that amount of cash
n hand which is in excess of cash requirements of
Lessee to meet its current liabilities, than, and only
In that event, the treasurer of Lessee shell cause to
-
be deposited in an appropriate resinking fund
account for the purpose of metingcurrentor future
ental payments such anchor as will equal 50% of said
ash surplus, said deposits to said reserversinking
fund account to be accrued in future years toa maximum
amount equal to the annual obligations of Lessee to make
ental payments pursuant to Sections A and B of Article
III of this Agreement.
CE)K
Article IV A to be amended in part as follows;
for purposes operating an agricultural fair,
and/or for conducting harness racing, and/or for other
public park purposes, aM/or for other purposes....
-(gy
Article IV E to be deleted and replaced with the fallowing:
C. on or before December 5 of each year Lessee shall
give notice in writing to Lessors, said notice to be
delivered to the City Mocker of the City of Bangor,
s to its plans and intentions to conduct or sponsor
an agricultural felt and/or Farness racing on the
4
subject premises for the subsequent year. Failure
by theLessee to give such notice, or election by.
Lessee in said notice to not conduct or sponsor a
agricultural fair and/or harness racing a, the subject
premises for the subsequent year shall constitute a
termination of this Agreement, any other provisions of
this Agreement notwithstanding. and Lessor shall have
the right to immediate possession of said premises, with
all tights and privileges of Leasee In the control and
management of said premises to thereby be vested with
Lessors,and this Agreement, aucept for all financial
liabilities incurred by Lessee to Lessors, thereunder,
shall ceass. Lessee shall seek and obtain Baagor City
Council approval prior to its annual application to any.
appropriate State agency or commission for assignment of
"tea of the comber of days on which harness racing and
the agricultural fair may be conducted on the premises( it
being agreed and understood between the parties that no
harness rating and/or agricultural fair shall be conducted
on the premises in any one year In ssof such periods
as may be approved by the City Council. On or before
April let ofach year Lessee stall notify Lessors of such
i'dates as may have been assigned for such purposes.
(hV Article Iv F to be mended to read as follows
Lessee takes all buildings, improvements and utility
systems in their present condition and as presently
located. Lessee shall be responsible for all utility
services consumed upon the premises. In the event
that Lessee wishes to alter, improve, or otherwise
change such buildings, Improvements, utility systems,
or const rust additional buildings In or about the
premises, no such alteration, improvement, construction
or other, change &bell be made until Lessee hes received
written approval from the City Engineer. The City
Engineer shall not grant
such written approval until
Lessee has received all appropriate approvals by third
parties as my be required by law and until appropriate
plane for such construction, alteration, improvement or
change have been submitted to the Lessors by Lessee{
provided, however, that the construction of new buildings
on said premises shall also require approval by the Bangor
City Council.
PARk
Pi(rmISf3 ""I'D PUMANf
'T0 AItTIC<C Z7, P41eokC.11AP14 P,
J.TA.Sv flGRrrw -r
(?hRKIN1. RRfA)
PROYIDE rI07�t Y
UNDER 7RAC
=404
j ANIMAL Ex NIbITI I \
11v0 ISIS �UILpINgs IY5 Ij0 II 5\ �k0 I�y 120 125 130
\ + r I
LYSEvv
Nil
PARK I 1 A\
f — _��� I (.�/� t SE RVICE� BLDG, A
\� �. ASA-EXH151T
` I SSS
4�\ �s ��stAtr oP�tRtY � \
(PEDES THIN �I� I
DRIDGE _ _
L
�� _ - I _
� \
_
1'I PR[wi,
I1
X
T7 0�a�u y
INN
fr I
� I
P^RkIN4 �� o
_ __
\
_ RS de
'Ace,S• p _ _
,I J
L
STREET
F + �
sTge I
STq <f
e[f.�3 I\
eve
I� %1
`I
v
V
I,I
SrAbLE hn..5 \
I
_PRF-LIMAAP- PLAN
r - EXHIBIT A
BASS PARK &
FAIRGROUNDS
(IF That Art1CLe VIII be guarded with a saw Paragraph
C to teed as follows: -
C. In the event Leasee is dissolved, the assets
of Leasee, to the extent permitted by Lav, shelf
be distributed to the City of p8ngsr for purposes
of providing for the Continued operation and
maintenance of the fatilit Lee at Baas Park.
5