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HomeMy WebLinkAbout1965-12-13 26-T ORDER26-T Introduced by councilor Broin, Dec. 13, 1965 CITY OF BANGOR (TITLE.) (qrber, Authorizing the Base Park Trustees to execute, lease agreement By the Gty CoumaJ of Be City ofBanner. ORDERED, THAT Whereas, on November 28, 1960 the Bangor City Council passed order 1914 authorizing the execution of a lease for the use of Bass Park to the Bangor State Fax and, Whereas said lease provided that the lessee "shall have the right to renew the lease for an additional five year period at a rental not to exceed 150% of the rental of the first period" and, Whereas, by letter dated September 13, 1965, Mr. Alan Mollison0 President of Bangor State Fair, gave notice to the Bass Park Trustees of his intention to execute his option to renew at 150% of rental, Naw, therefore, be it ordered, that the Baas Park Trustees be and are hereby authorized, to execute said renewal for a period of five years. A copy of the original lease, all amendments, and a copy of the new lease agreement, are hereby attached. RECEIVED 1965 1"" AMII:53 CITY CLERK'S OFFICE nr p jE0R: Mie F IN CITY COUNCIL Dec. 19, 1965 Referred to Auditorium Comcittee, tablexi. C SRK V IN CITY COUNCIL Dec. 27, 1965 Taken from table, PASSED 0 CLERK 26-T ORDER Tine, Auth. Bees Park Trustees to Emeuute ...................................... .Lege¢ AV.q%ant...................... Introduced and filed by . .. Councilmen W98PLAS, by a Lease dated Decewher 5, 1960, by and between Joseph R. Cospal, Jr., Jay E. Alley and Ralph L. Waywouth, all of Bangor, Maine, sell" in their capacity as Trustees of Bess Park, so -call", USSMS, sed Allen Mattison, of Belfast, (Line, 188066, said Lessors lea@" to said La.aee, Bass Park, . caned, for the conduct of an agricultural fair, and in addition thereto this use of said Base Park for three weeks of night racing In each year for a tare of five years, with the right to renew said Lease for m additional five-year period, and W®gAS, prior to the termination of said original five-year period, to wit: October 31, 1965, said Lessee notified said Lessors In writing of his intention to r said Lease Agreement for an additional term of five years as provided therein, and YIEBRAS, the lessors prior to October 31, 1965, notified said Lessee of their Intention to Increase said rental to e am equal to 150 percent of the rental for the first period, HOW THEREFORE, It is mutually agreed between the parties that said Lease is hereby renewed for a period of five years, commencing November 1, 1965, and ruining to October 31, 1970, aM that Section 3 of said Lease is hereby amended byesubstituting the am of Thirteen thousand five hundred (913,500.00) Dollars in place of Nine thousand (99,0(0.00) Dollars in the First Paragraph, and by further substituting the am of Three hundred (8300.0) Dollars In place of We hundred (9300.00) Dollars in the Second Paragraph, and it _s further agreed that all other terms and conditions of said Lease and amendments thereto shall remain in full force and effect. IN WITNESS W16REOP, the Trustees of Base Perk With the approval of the City Council of the City of Bangor, Maine,being hereunto duly authorised, have hereunto set their hands and seals and affixed the corporate seal of the City of Bangor, and said Allen Mollison has hereunto set his band and seal, this day of 1965. APPH0.R0 AS TO FORM City Solicitor Trustees of Bass Park. STATE W MAINE 1965. Penobscot, as. Pere orally appeared the above-named Joseph R. Cooled, Jr., Jay E. Alley, and Ralph L. Vaymouth, Trustees of Ross Park, and in their capacity as said Trustees, acknowledged the foregoing instrument to be their free act and deed and the free act and deed of the City of Bangor. Also personally appeared Allan Mollison, above-named, and acknowledged the execution of the foregoing instrwent to be his free act and deed. Before M. NOTARY PUBLIC 91 Introduced by Councilor Delano [NS�:Li" I (TME.) ORDER. Authorizing the City Manager to Execute lease for Base Park with W. Allan Mollison. By the City Council of the City of Bangor: WEREO, THAT the City Manager be and hereby is authorized to enter into a lease for the use of Use Park for the Bangor State Fair, acopy of which leave is attached herewith. FORM OF LEASE AGREEMENT FOR BASS PARK AGREEMENT entered into tide day of. A.D. 1960 by and between Joseph R. Coal'3r., Say E. Alley Berl Ralph L. Weymouth, all of Bangor. Maine, act g va sheir capacity as Trustees of Baas Park, so-called, Lessors, and Allan Mollieoa, of Belfast, Maine, Leasee, both parties acting, however, subject to the approval of the City Council of the City of Bangor as follows: 1. Period of Lease. Said Trustees agree to lease to said Allan Mollison the said Bass Park, • -called, situated m the City of Bangor, together wish all permanent buildings sod structures Contained therein, and which may from time to time during she ter hof pace be substituted x added thereto, for a period commencing on .IaW"a1ti,J1961, and running to October 31, 1965, for the purpose of conducting an agricultural fair. This lease shall allow the use of Base Park to the leasee for a period of three (3) weeks in each year, one week to be used for the actual conduct of the fair, me week prior to the fair M be used for preparation and one week after the fur forcleaning she park. N addition, the Trustees agree that she lessee shell have the use of the park for two weeks of night racing each year. N addition to she period covered by this lease, the leasee shall have she right to renew she lease for an additional five 15) year period at a rental not to exceed 150% of the rental for the first period. Z. Notification of Dates. The lessee agrees that he will conduct an agricultural fair each year during the period of this lease, end that he shall notify the Trustees as to she dates of the agricultural fair and the dates of night racing not later than April let d the year in which said agricultural fair and/or night racing are to be held. 3. Rental. Said lessee agrees to pay an annual rental of $9, O00. 00 for his occupancy of said Base Park for the purpose of conducting she agricultural fair therein within the meaning and terms of this lease, said ental to be paid in fall not later than one week prior to the beginning of the fair each year. Said rental shall not include the use of she old auditorium or adjacent larvl area and neither shall it prohibit the rental of the old auditorium or adjacent land area for summer theatrical productions at any time. The leased further agrees to pay Two Hundred Dollars ($200. O0) per night for each night of night racing when racing is conducted. However, no ental is to be paid for any complete night of racing which is cancelled because of weather conditions. 4. Protection of Lessee. The Trustees agree that Base Park will not be reused to any other person, firm or corporation for the conduct of night racing during the period of this lease except, however, that if said Lessee fails to notify the Trustees on or before April lat. as m paragraph 2 above, that he intends to conduct night racing m any year, said Trustees will have the right to rent Bass Park for said purposes to any other person, firm or corporation in that year. S. Protection of Track. The Bass Park Trustees and the Lessee hereby further agree that said track shall not be used for any purpose, which in the opinion of the Trustees is detrimental to the cendita r. a the track for hatless racing. 6. Bass Park Not to be Rented for Competitive £veno The Trustees of Base Park agree that no carnival or other entertamment of more than two days duration, except summer theatricals as hereinbefore mentioned, shall be permitted to use Bass Park within a period of three weeks prior to the conducting of said agricultural fair except upon permission of the Lessee. However, it is mutually agreed and understood that the Trustees of Bass Park hereby reserve the right to lease Base Park for the purpose of conducting a circus at Said Park at any time except during a Fair week and the week immediately preceeding and following said Fair Week. 7. Ri or to Sublet or Assign Occupancy of Base Park. In the event of the death of the Lessee, all the rights and obligations of the Lessee as set forty in this agreement shall devolve upon the heirs, deviates, legatees, successors and assigns of the Leeaee. Thialeaee cannot be assigned or Sublet without the written approval M a majority of the Trustees. B. Facilities Included in Lease. The permanent buildings add structures included under Ne terms pf this least shall be all of those existing on the date of this lease except that it is understood that the Trustees shall have the right to demolish and remove the old exhibition building, office and toilet facilities located at the south end of Base Park, -called. It is understood that the Lessee may use such portion of the new auditorium and facilities, as the Auditorium Manager may determine for agricultural exhibits and Fair management only for the week of the agricultural Fair and that eighteen hundred dollars ($1800) of the rental contained herein shall be credited to the Auditorium Department account for nose -commercial rental of this building for the one week period. The City agrees to replace any other facilities owned and maintained by it which may, after the date of this lease, be destroyed for any reason sept by the fault of the lessee during the period of this lease and the failure upon the part of the City of Bangor so to do will be a release of the Lessee from his obligations under the terms of this lease. 9. Cleania' of Park. The Leasee agrees that within seven days from the terminative a( the Fair and/onight racing, he shall, at his expense, thoroughly clean and remove all, debris from the park and buildings to the satisfaction of the Bass Park Trustees. 10.Imp ovema ta. 10 is mutually agreed that say permanent improve- ments which may be constructed by the Lessee shall become the property of the City of Bangor as constructed and remain as a property of the City of Bangor. No improvements, additions, demolitions or alterations shall be made to the Park without the written approval of the Trustees as to the location and design of the proposed work. Further it is agreed that the State stipend received by the Lessee for park improvements shall be expanded annually on such projects as may be approved by She Trustees. 11. City Not Liable. It is agreed that the Lessee shall always be bound to pay for any and all injury to persona or property other than property of the City of Bangor occasioned by him or his servants, agents or sublessees in the operation of the Fair in said Base Park, and of said night racing for which said leasee or his servants, agents or sublessees shall be legally liable end said Lessee agrees to hold the City of Bangor and said Trustees acting as aforesaid, harmless with respect to operation by him, his servants, agents or sublesseae of said Fair end night racing In Baas Park and to file with the Base Park Trustees annually prior to occupancy a proper certificate of public liability insurance to this effect. The Lessee further agrees to pay for any damage to city property which may occur during his period of occupancy from any cause whatever, and said Lessee agrees to poet a $10, 000 bond satisfactory to the Base Park Trustees, and City Solicitor to cover any damages which may result from the occupancy of Base Park within the meaning and terms of this lease. 12. Non-exclusive Rights to Park. Itis stipulated and agreed by the parties hereto and made a part of this agreement that said Base Park Trustees shall always have the right during the term of this lease or any renewed thereof, to use and occupy or to permit the use and occupancy of any new building or structure which may hereafter be erected in said Base Park by the Lessee; provided however said use shall not be to the exclusion of said Lessee during his period of occupancy and future mutually agreed Periods of occupancy. 13. Agricultural Fair. Whereas it is one of the purposes of operating this Fair to promote agricultural and livestock exhibits, the Leasee herein agrees to put on an agricultural fair with exhibits of miscellaneous and representative farm and orchard products and exhibits of livestock, crafts, etc., and to comply with all provisions of R.S. of 1954, as amended, in connection therewith. 14. Right of Baooaeaesion_ Itis mutually agreed and understood that upon breach by MMM of any part or all of Mie lease that the lease shall immediately terminate at the option of the Lessors,and the Lessors shall have Me right to repossess the leased premises without notice and without court action. 15. Provision of Police and Fire Protection. Adequate police and fire protection as determined by Me respective chiefs of Me two departments and approved by the City Manager shall be provided at Me expense of the Lessee for all periods of occupancy of Base Park covered by this lease. 16. Violation of State and Local Statute$. H is specifically agreed by as Lessee that neither he nor any of his agents or sublessees &hall use any of the facilities covered by this agreement for any purpose contrary to State and local statute e. Ibl WITNESS WIgEREOF, the Trustees of Bass Park with the approval of Me City Council of Me City of Bangor. Maine, being hereunto duly authorized, have hereunto set Meir hands and seals and affixed Me corporde seal of Me City of Bangor, and said Allan Mollieon has hereunto set his handl and seal, this ay of Jae °-_. A.D., 1960. eeFoIIin Approved as to Form 5I L` City Solicitor \ Trustees of Haee ark STATE OF MAINE PENOBSCOT, SS._ ,1960 Personally appeared Me above named Joseph R. Coupal, gr., Say E. Alley, and Ralph L. Waymouth, Trustees of Bass Park, and in Meir individual capacity, and m Meir capacity as said Trustees, acknowledged Me fore- going instrument to be their free act and deed and Me free act and deed of the City of Bangor. Also personally appeared Allan Mollieon, above named, and acknowledged the execution of Me foregoing instrument. Before ma. rr ' NotaryPP'm WtEREAS by a Lease dated November 28, 19600 by and be- tween Joseph R. Coupal, Jr., Jay E. Ailey and Ralph L. Weymouth, all of Bangor. Maine, acting in their capacity as trustees of Base rark, so called, Lessors, and Allan Molllson of Celfast, Maine, Leasee, said Lessors let to said Lessee, Bass Park, so called, for the conduct of an Agricultural Fur, and in addition thereto, the use of said Bass Park for two wake of night racing in each year, and WBEREAS the parties are desirous of amending said Lease to provide for three weeks of night racing in each year, NOW TRER FORE, it is mutually agreed that the last sentence of paragraph 1. of said Lease be amended to read as follows: "In addition, the Trustees agree that the Lessee shell have the use of the Park for three weeks of night racing each year". All other Lerma and conditions of said Lease shall remain in full force end effect, and said Lease as emended is hereby ratified and confirmed. 1N WITNESS WHEREOF, the Trustees of Base Park with the approval of the City Council of the City of Bangor, Maine, being hereunto duly authorised, have hereunto set their hands and seals and affixed the corporate seal of the City of Bangor, and said Allen Mo111son has hereunto set his hand and Beal, this day of J .- A. D. 196k. C Approved as to Form Citj lei or "y, d W ­155tees of Bass Park �1 STATE OF MAINE. Penobscot on: 1961. Personally appeared the above named Joseph R. Coupal, Jr., Jay B. Alley, and Ralph L. Weymouth, Trustees of Bass Park, and in their indridual eapacity, and in their capacity as said Trustees, acknowledged the foregoing instrument to be their free act and deed and Lilo free act and deed of the City of Bangor. Also personally appeared Allan Mollison, above named, and acknowledged the execution of the foregoing instrument. Before me otary sn ic. ,--- :... T... �K' POR YASDR RmRIYRD. the reasipt of %Rich Is hereby e,kn,wiWgeO, I hereby ss•igo ell V right, title and Sntemat in mW U a contract betuetn the YRDBYM Of BASS PAgY a A 11. MOUMN, dated the n_� day of Decanter, A.D. 1960• and U the property Venin described and all ths moneys a'sYeble theraffiar U BB. a mArs rAIR, LIC., a aarporetion duly saletiog Wer the less a the State of Rstno� baring a prisapsl plats of bush•• U Belfast is the County OI krlde and Stele of Maim• and hereby geermtee the pgecet of all wnge duo or U bees" due un n the said sontrmta and Sorther guarmtte the 1611 perfenane by tM aennd Fety toersin ontl of all the $aamd prty'a prteitei and rorenmtel oul le tb• avant that then 0.11 b a breach of any of the terve of said tmtraot or default in too pyvent of OUT stu Proelded therefe s I agree U perform said contract or mb 040E pyamU, Of the test W baa OM though I sen Sleek thereon, ttuefen bsroly vlvdng all attire and dessnd•. Dat" the YDth day of ➢•camber, A.D. 19f0. Yet DIMDDR nag PAIR, INC. hereby anoepts the foregoing mrvenants sub0ect U ell the Urn and m Ytlon therwf. ar2.�t3^ Time foaOgoivg "Sigmmt Is Ursby uplaoved. �• Approved as to tone dr ✓ l CITY 50 CIIOA ' xrommm M oz UB ramr mm%y Autocri2ed