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.
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