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HomeMy WebLinkAbout1970-12-28 69-Y ORDER69-Y Introduced by Councilor Cohen, Dec. 28, 1970 sv CITY OF BANGOR (TITLE.) MrbfSt........ Authpxlzin¢.. the Bass Park Trustees to IsecPte rkase for Bass Park with Saauel Michael By Ge CUV Goal loft City of Bangor: ORDFMDt THAT the Bass Park Trustees be and we hardly authorized to enter into a lease for the use of Bass Park, az approved by the Fiewnce Committee. A copy of the lease is attached hereto. Introduced and filed by Councilman •. 69-Y IN CITY COUNCIL O R D E R Dec. 28, 1970 PASSED Title, O !� v CL1Y CLER/ .Geese.{ei RAs§ XAS% x444.§�el H;cheel Introduced and filed by Councilman LI:n YI 1 u � lyl.� THIS AGREEMENT made and ordered foto this day of December, �',.I 1970, by and between MERLR F. Gel JAY B. ALLEY and JOHN C. FIELD, all of Bangor. Maine, acting In [heir capacities as Trustees of Bass Park, so-called, (hereinafter referred to as the "Trustees"); and SAMUEL MICHAEL, of Auburn, i' Main , (hereinafter referred to as "Leasee"). WIPNH989TH: '. NOW, THEREFORE, the parties hereto mutually agree as follows: ARTICLE 1-PREMISRS: The Trustees, for Bad in consideration of the rents, charges and fees to be paid by the Decade antl the obligations to be performed by Lessee as hereinafter provided, does hereby Igrant, and lease unto Lessee, and Lessee does hereby take, lease and hire, upon and subject to the conditions hereinafter expressed, the following described property in its present condition, to wit: A certain 1o[ or parcel of land, together with the buildings thereon, commonly known as Bass Park, bounded and described as follows: t _,te, Beginning ata polo[ on the westerly aide -line of Buck Scree[, said point beginning side 4line f[. from the inter- section Wes of the Northede-line o aide Lfne of Main Street and the Westerly aide -line of Back westerly thence a running Street 3fo 30' Westdistance along Me we ft. t aide-linof Buck Street for a dfstence of 1861.5 Et. to a point;[hence nalSouth 08' West for a distance off15 152.9 ft. po26'int; to a pofnc; thencenc e South thence Sou West for a East for of 231.5 ft. to B point; thence South he 38' East for a distance of istag et. to a point; thence point; t en 06' East for a 3'e East of 592.9 ft, to a pomp thence Routh 24° 53' East for a distance of 211.9 fn. Co a L' pointthence Sotto 32° 41' Eest for a distance of 400.3 f. [oo point; thence North 73° 20' Rest for a distance of 289.1 s o to a point; [hence North enc 52' Ease for a ria[once of distance ft. to a point; thence North 69° North East for a distance of 9.9 ft. to a point; thence North Sou 53' East for a distance of L3 f[. to a Point; thence South 36° 56' for a e of Duttonof Street; ft. he a point o the westerly sideline of Durft. [hence North 53° 94'i" easterly Easy for a distance of 60.0 Street; to a point on the easterly fore -line of Outran .0 ft. thence North 56'enc Nor h 53 for s distance of 22.0 e o to a point; [hence then 53° 114' East for s distance of 14.9 ft. to e peony thence South 49° 49' East for a distance of distance ft. to a point thence North 40° Be East for a tlts dance of .. 476.8 ft, to the point of Beginning. Being the same "Bass Park Lo[" as shown on a plan entitled "Base Park -Auditorium Lot" dated April, 1954, and on file in the City Engineer's Office. jI Reserving and excepting to the Trustees the Bangor 11 Auditorium, so-called, as shown on a plan prepared by the City Engineer of the City of Bangor, dated iI December 22, 1962, and attached hereto of Exhibit "A". n Ji 1 ARTICLE II g OIPHENT: It is hereby understood and agreed by the patties hereto that the Trustees shall provide certain equipment presently located at Ideas Park for the use, without additional charge therefor, of the Leasee for the purposes of Operating an agricultural fair and/or harness racing at said Bass Park during the term described herein. The Trustees shall submit to Leasee on or before April 1, 1971 an Inventory of said equipment. On or before June 30, 1971 a representative of the Trustees and Lessee shall inspect said equipment for purposes of determining its condition. ARTICLE III TE@1: To have and to hold the premises herein leased by Lessee for the period commencing on July 1, 1971 and expiring on August 15, 1971. On or before April 1, 1971 Lessee shall notify the Trustees in writing of the dates that an agricultural fair and/or harness racing will be conducted at Baas Park. ARTICLE IV RENTAL CHARGES: Lessee agrees to pay the Trustees a rental of Thirty -Six Thousand Five Hundred ($36,500.00) Dollars for use of said premises for operating ad agricultural fair and/or harness racing. Said Thirty -Six Thousand Five Hundred ($36,500.00) Dollars shell be paid by Lessee in accordance with the following schedule: Amount his Date —� $ 4,500.00 Upon signing this agreement $17,000.00 July 1, 1971 $15,000.00 August 15, 1971 In addition, the Lessee agrees to pay the True tees a rental of four Hundred ($400.00) Dollars for each day in which racing is conducted by Lessee on the premises. However, therewill be no charge In the event that any racing program is cancelled by Leasee due to inclement weather conditions. All racing charges will be due and payable by twelve o'clock noon oo each day following each racing event. In the event Leasee fails to make said payment when due, the Trustees shall have the right to cancel all further racing programs during the term of this lease. Lessee shall pay all rentals herein required, without prior demand therefor, in lawful money of the United States, to John G. Field, Bass Park Trustee, 73 Harlow; Street, Bangor, He ine, or at any such other address as the Trustees may in writl ng to the Lessee from tfse to time designate. ARTICLE V USE AND MCIH'ANCY OF THE PREIISES: A. Lessee shall a occupy and maintain the premises herein leased for purposes of operating an agricultural fair and for conducting harness ing, and for no other purpose whatsoever without the prior expressed written coca antof the Trustees. -2- ARTICLE V (Cont 'd) B. Lessee shall not use, occupy a maintain said premises in any ma s to violate any law or regulation of any duly constituted governmental authority, including the Maine State Department of Agriculture and the Maine State Harness Racing Commission.. C. Trustees, through Its agents, shall have at all reasonable times the right to go upon and inspect the premises herein leased. Furthermore, the Trustees, through its agents, shall have at all times fro access to all shows, riding devices and other can- cessis operated the premises. The Trustees a e hereby con clothed with power to immediately close any concession, exhibition, show or display that they deemobjectionable, immoral, degrading or which my be in violation of the laws of the State of Maine, or the Laws and Ordinances of the City of Bangor. D. Lessee a agrees to maintain the race track located in the oval next t0 the grandstand forharness racing and for no other purposes whatsoever. Lessee s hereby granted access to said premises between June 1, 1911 and July 1, L9I1 for purposes of putting said track 1n proper condition for harness racing. E. Leasee hereby takes all utility systems in their present condition and as presently located. In the event that Lee wishes to alter, improvotherwise change said utility systems in or about the premises, all expenses and costs incurred thereby shall be the responsibility of the Lessee. Lessee shall be responsible for all utility services consumed upon the premises. F. Lessee agrees that within Seven Q) days after the ter- mination of the fair, at its expense, It shall thoroughly clean and remove all debris from the park and buildings to the satisfaction of the Bass Park Trustees. Lessee further agrees that the premises shall be cleaned after each day of harness racing at the expense of the Lessee. In the event that Lessee fails to property clean and main- tain the premises herein leased, the Trustees may hire a outside patty to do the cleaning and such bill will be paid without abjection by the Lessee. C. Lessee In the us a and occupancy of the promisee shell not n the grounds of color, race onational origin, discrim- inate or permit discrimination against any person or group of persons in any manner. R. In the use of said premises during the term prescribed herein, Lessee agrees, at its expense, to maintain adequate police and fire protection as required by the Chief$ of the respective departments. I. Leasee does hereby covenant nant and agree with said Trustees that It will leave thepremises at the expiration or prior termination of this agreement In as goad condition as received, excepting reasonable wear and tear and/or damage arising from the negligence or default hereunder by the Trustees, its agents or employees. J. Lessee does hereby c and agree that i shall pay premiums totaling noless t than Forty -Five Thousand Hix Hundred Twenty -Three ($45,623.00) Dollars to exhibitors of agricultural produce, an ban 15 and goods at the agricultural fair to be held on said premises. -3 _I'II CLI VI ]MPAOVgWHOJ 5: it is mutually agreed that the Lessee may duke improvements or alterations to the park lacllities, but with only the prior expressed written approval of the Trustees.; i, the event that any such permanent improvements are constructed by the Lessee, they shell become the property of the City of Bangor on expiration of tlils agreement. ANLL CLE VII INSURANCE: During the term of this agreement, Lessee shall maintain liability insurance with companies authorized to do busioesa in the State of Maine for the protection of the Trustees and the City of Bangor who shall be named as additional insureds against all claims, losses, coats or expenses arising out of injuries to persons, whether or not employed by Leasee, or damage to property whether r,s„luing from acts, omissions, negligence or otherwise of the Lessee, its directors, officers, emplayees and agents, concessionaires, member of the ht cral public and arising from the use of the premises herein leased or any part or portion thereof. Lessee's liability insurance shall provide coverage Irr the following exposures and not less than the fallowing amounts: GENERAL LIABILITY (INCLUDING PRODUCT LIABILITY) $300,000.00 each occurrence AUTOMOTIVE LIABILITT $300,000.00 each Occurrence FIRE $300,000.00 each occurrence Leasee shall cause to be furnished to the Trustees evidence in tho form of certificates of insurance of the existence of continuance in force of the insurance as required hereunder. ARTICLE VIII PAYMENT ESCROW: Leasee agrees to deposit with the Merrill Trust Company, Bangor, Maine, the amount of thirty -Two Thousand ($32,000.00) Dollars to be Mrd in escrow covering the faithful performance of this agreement and the payment of all obligations ....under, in such form as day be prescribed by the Trustees. hi ARTICLE IX INDERNITT: Leasee shall indemnify and save harmless the Bees Park True tees and the City of Bangor, all of its employees and agents, froa and against any and all claim or on behalf of any person or perso , firm or firms, corporation of corporations, arising mum the Lessee's use, occurnandy, conduct or management of or from any work nr thing whatsoever in or about the promisee herein leased by the Lessee, any representative or invitee of Lessee, or any member of the general public. -4- ARTICLE X SUCCESSION AND ASSIGNABILITY: All provisions of thisagreement shall extend to, bind and inure o the benefit of not only the Trustees and Lessee, bot also their successors I'll, assign$. Lessee shall not encumber, mortgage, assign or sublet or other - wile transfer its interest or any part thereof under this agreement without the prior expressed written consent of the Trustees. In no event shall the Lessee named herein be relieved from any obligations under this agreement by virtue of any approved assignment or subletting. AHI'1CLE XI COVENANT OF QUIET EMOMNT: The Lessee, subject to the terms and provisions of this agreement, upon payment of the rental chargee and observing, keeping and performing all d ti:e teras and obligations of this agreement on its part to be observed, kept and performed, shall lawfully, peaceably and quietly have, hold, occupy .and enjoy the leased transition during the term hereof without hindrance or rejection by the Trustees or any other person or persons lawfully claiming under the Trustees. ARTICLE XI -A DESTRUCTION OF LEASED PREKISES: It is agreed between the Trustees and the Lessee that if prior to July 1, 1971 the premises herein leased or theimprovements fiction shall be injured or destroyed by fire or the elements, or through any other cause, so as to render said premises unfit for occupancy, or make it impossible to operate a agricultural fair and/or harneracing events, then either party hereto may harness racing terminate this agreement upon ten (10) days notice to the other party, and the Lessee shad immediately surrender said premises to the Trustees, and the Trustees shall return to Lessee all rentals received from Lessee by the True tees as required by this agreement and in calls of air such destruction or injury the Trustees my re-enter and repossess said Promises discharged of this agreseement, and may depossess all parties then in possession thereof. ARTICLE XII TERMINATION: It is covenanted and agreed that A. If the Lessee shall neglect or fail to pay the rent or other chargee payable hereunder and such default shall continue for a period of ten (10) days after written notice thereof by the Trustees; or B. If Lessee shall neglect or fail to perform observe any of the other covenants, provisions or conditions on its part to be performed or observed and such de- fault shall continue for a period of ten (10) days after written notice thereof by the Trustees; or -5- ARTICLE XII (Gonia) C. If the Lessee shall be declared bankrupt or Insolvent according to law} or D. If any assignment shall be made of the property of the Lessee for the benefit of creditors Lessor Lawfully may, ivmediately or at any time thereafter, and without demand of notice, enter into and upon said premises or any part thereof, In the name of the whole, and repossess the same as of the Trustee'b former estate, and expel the Lessee and those claiming under said Lessee, and remove it or their effects (forcibly if necessary) without being deemed guilty of any trespass, and without ptejud fee to any remedies which might otherwise be used for arrears or rent or any breach of covenants herein expressed, and upon entry as aforesaid this agreement shall automatically terminate and Lessee covenants and agrees to pay and be liable for the days originally fixed herein for the payment hereof, amounts equal to the several installments of rents and other chargee reserved as they would, under the term of this lease, became due if the lease had not been terminated or if the Trustees had to enter as aforesaid. ARTICLE XIII REMOVAL OF PROPERTY: Upon termination or expiration of this agreement, Lessee agrees to remove all personal property belonging to the Leasee and located on the premises herein leased. In the event Lessee shall fail to remove said personal property within ten (10) days of the termination of this agreement, such property sbell become the property of the Trustees to be disposed of in any such manner as they deem fit. ARTICLE XIV WAIVER: Failure on the part of the Trustees to complain of any action or non -action on One part of Leasee no matter how long the same may continue, shall never be deemed to be a waiver by any of the Trustees' rights hereunder. Furthermore, it is covenanted and agreed that no waiver at any time of any of the provisions hereof by the Trustees shalt be construed as a waiver of any of the other provisions here- under, and that 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. The approval of the Trustees to or for any action by the Lessee requiring the Trustee's consent a approval, shell not be deemed to waive or render mmecea ary the Trustee's consent or approval to or for any subsequent nrmilar action by the Lessee. IN WITNESS WIEREOP the Trustees of Bass Park with approval to Council of the City of Bangor have hereunto set their hands and seals on day and year first written above. BASS PARK TRUSTEES Witness LESSEE ISI Witness SPATE OF MAINS PBNOBSCOT, Be. , 1970 ?era onally appeared the above-named Merle F. Goff, Jay E. Alley and John G. Field, in their capacities as Trustees of Bass Park, and acknow- ledged execution of the foregoing instrument to be their free act and deed and the free act and deed of the Trustees of Bass Park. Also appeared the ahove-named Lessee, and acknowledged execution of the above agreement to be his free act and deed. Before me, Justice of the Peace Notary Public -7- 3.3 Parkin Limited to. Alternate Sides of Streets. Not with- standing the provisions of Sec. 3.2, parking shall be limited at all times to only one side of streets or public ways, as follows: Unless otherwise posted, on the odd numbered days of the month, parking will be permitted on the odd numbered side of each street; and on the even numbered days of each month, parking will be permitted on the even num- bered side of each street. The alternate side parking limitation will apply to metered streets only until the snow has been removed to the curb line. 3.4 Violations. Any officer of the Bangor Police Depart- ment is hereby authorized to remove and tow away or have removed or towed away by any commer- cial towing service, any vehicle parked in violation of Sections 3.1 through 3.3, and to have said vehicle placed ina suitable place, all at the expense of the owner of such vehicle.