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HomeMy WebLinkAbout2016-12-28 17-045 ORDERCOUNCIL ACTION Item No. 17-045 Date: December 28, 2016 Item/Subject: Authorizing the Execution of an Agreement with Nostrano Garlic Festival — Bass Park Infield, Track, and Grandstand Responsible Department: Parks and Recreation Commentary: Recently the City was approached by the Nostrano Garlic Festival to host the Great Maine Barbeque Challenge at the Bangor Historic Track from September 21-24, 2017, which includes set up dates. Currently, the City leases the premises to Hollywood Casino, who has agreed to the event. If approved, the agreement shall include the following terms: Great Maine Barbeque will pay the City $1.25 for every ticket sold; Nostrano Garlic Festival/Great Maine Barbeque will provide insurance with the City of; Nostrano Garlic Festival/Great Maine Barbeque will indemnify and hold harmless the City of Bangor; Nostrano Garlic Festival/Great Maine Barbeque will pay the City any direct costs for fire and police; Nostrano Garlic Festival/Great Maine Barbeque will provide a security deposit. Additionally, Nostrano Garlic Festival will negotiate a separate agreement with Hollywood Casino. This was reviewed and recommended for approval at the 12-19-16 Government Operations Committee meeting. Manager's Comments: Associated Information: Budget Approval: Legal Approval: Introduced for Passage First Reading Referral Tracy Willette Department Head City Manager 60/- finance Director City Solicitor Page _ of _ 17-045 DECEMBER 28, 2016 Assigned to CoundlorSprague CITY OF BANGOR (TITLE.) Order, Authorizing the Execution of an Agreement with Nostrano Garlic Festival — Bass Park Infield, Track, and Grandstand WHEREAS, the Nostrano Garlic Festival, LLC wishes to use the infield, a portion of the track, and the grandstand at Bass Park for the Great Maine Barbeque event in September 2017 and WHEREAS, the City has a lease with GLP Capital, L.P. (Hollywood Casino) for their use of the track, infield and grandstand; and WHEREAS, the lease provides that the City may use the grandstand and infield so long as it does not interfere with GLP Capital, L.P. use of the premises; and WHEREAS, GLP Capital, L.P. is in agreement with Nostrano Garlic Festival `s request to use the property for the Great Maine Barbeque event. NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT That Catherine M. Conlow, City Manager, is hereby authorized to execute an agreement with Nostrano Garlic Festival, LLC for the use of the infield, a portion of the track, and the grandstand at Bass Park for the Great Maine Barbeque event. The agreement shall include the following terms: the Barbeque event shall be on September 22, 23 and 24, 2017. Those putting on the event shall have access to the infield, track and grandstand from September 21st to September 24th in order to set up for and clean up after the event; Nostrano Garlic Festiva, LLC will pay the City $1.25 for every ticket sold to the event; Nostrano Garlic Festitval , LLC will provide insurance with the City of Bangor and GLP Capital, L.P. named as additional insured; Nostrano Gariic Festival, LLC will indemnify and hold harmless the City of Bangor and GLP Capital, L.P.; Nostrano Garlic Festival LLC will pay the City any direct costs for fire and police costs Nostrano Garlic Festival LLC will provide a security deposit; and such other terms as appropriate. Said agreement shall be in a final form as approved by the City Solicitor. IN CITY COUNCIL DECEMBER 28, 2016 CO 17-045 PASSED CITY CLERK 17-045 DECEMBER 28, 2016 TEMPORARY USE AGREEMENT This Temporary Use Agreement (the "Agreement") is made this day of , 2016 by and between the City of Bangor (the "City") and Nostrano Garlic Festival, LLC ("NGF") and Hollywood Casino Bangor, LLC ("HCB"). WHEREAS, NGF wishes to host The Great Maine Barbecue Challenge at Bass Park in September 2017 (the 'Event"); and WHEREAS, the City and GLP Capital, L.P. are parties to a lease (the "Park Lease") of certain portions of Bass Park, setting forth the rights and responsibilities of each; and WHEREAS, GLP Capital, L.P. has subleased all of its right, title and interest in and to the Park Lease and Bass Park to Penn Tenant, LLC, who has in turn further sublet all of the right, title and interest in and to the Park Lease and Bass Park to HCB. WHEREAS, the City and HCB are willing to allow the use by NGF of certain portions of Bass Park, including the track, track infield, parking and Grandstand (collectively, the "Premises") pursuant to the express terms of this Agreement. NOW, THEREFORE, the City, NGF and HCB mutually agree to the following terms and conditions allowing said use as follows: 1. Use: NGF shall use the Premises, as further defined below, for the purposes of hosting a barbecue challenge event. NGF shall be allowed to use approved areas on the Premises. NGF shall be authorized to use reasonable equipment and infrastructure. 2. Dates and Hours of Use: NGF shall be authorized to be on the Premises from September 21 st, 2017 to September 24th, 2017 (the "Use Period") during reasonable hours to set up, host and clean up for the event. The barbecue event shall be held on September 22, 23 and 24th from 9am to 5pm, unless otherwise approved by the City. 3. Premises: NGF shall be permitted to use the Bass Park track, infield, and a majority portion of the parking lot as to be agreed upon by the parties, and grandstand spectator seating. The specific area shall be agreed upon by the parties after submission by NGF to the City and HCB of the areas they propose to use. 17-045 DECEMBER 28, 2016 On or before September 8, 2017 NGF shall provide the City and HCB with a plan detailing the proposed areas of Bass Park to use and purpose. The proposed plan will identify the spectator areas, vendors, parking, bathroom facilities and other event infrastructure. The proposed plan is subject to final approval by the City and HCB to the extent of their respective interests in Bass Park pursuant to the terms of the Park Lease. NGF shall not be permitted to use any other areas of Bass Park. 4. Security: NGF shall provide reasonable private security for their event. NGF shall contract with the City to provide additional security and public safety for the duration of their event. NGF shall pay the City for police at a rate of $68 per hour per commanding officer (one) for a four hour minimum and $63 per hour for each officer for a four hour minimum. Emergency medical personnel shall be paid at a rate $240.00 per commanding officer (one) for a four hour minimum and $55.76 for each additional hour and $212.00 for each firefighter for a four hour minimum and $53.00 per firefighter for each additional hour and equipment required by the City for this event. The staffing level for police and emergency medical personnel shall be based on the recommendation of the Police Chief and Fire Chief, with consideration for the attendance, size and nature of the event. 5. Restroom facilities: NGF shall be responsible for providing adequate portable and non portable restroom facilities for their event. The number of portable restrooms to be provided shall be accordance with typical event standards of this type. An adequate number of barrier free portable restrooms shall be included. NGF shall not use the restrooms in the Grandstand. NGF shall be solely responsible for removal of the portable restrooms and all effluent therein in accordance with all laws. 6. Food and Beverage: NGF may have vendors for clothing, memorabilia, and food. Alcoholic beverages will be sold by HCB unless otherwise mutually agreed to by the City, HCB and NGF. NGF shall not allow any food or beverage vendor to operate until it has received any required inspection and permit. No food or beverage shall be served outside of the Premises. NGF shall retain all revenue from merchandise, food, and ticket sales after payment to the City of the amount due described herein. Nothing herein shall prohibit HCB from conducting food and beverage sales (including alcoholic beverages) at the Premises during the Use Period. 7. Cleanup: NGF shall be responsible for the cleanup of the premises and surrounding area. The cleanup of the track and infield area shall be sufficient to return the track and infield area to as good as or better condition as existed prior to entry by NGF onto the Premises pursuant to this Agreement. 8. Compliance with Laws PA 17-045 DECEMBER 28, 2016 NGF shall comply with all federal, state, and local laws, regulations, and ordinances. NGF warrants and represents that all participants shall sign a release and Waiver of Liability, Assumption of Risk and Indemnity Agreement in the same or substantially similar from as attached hereto as Exhibit A. NGF shall maintain the original signed releases and shall provide copies of all signed Releases to the City and HCB. 9. Indemnification NGF shall indemnify, defend, save and hold harmless the City, Global Spectrum, GLP Capital, L.P., Penn Tenant, LLC and HCB and each of their respective employees, officers, directors, partners, members and agents of, from and against any and all suits, claims, damages and actions of any kind or nature arising directly or indirectly from the use of the Premises by NGF pursuant to this Agreement, including, but not limited to, from the negligence or willful acts of NGF, its agents, servants, and. employees in the exercise of NGF's rights granted under this Agreement. For this purpose only, NGF hereby expressly waives any and all immunity from suit or judgment NGF may otherwise enjoy under provisions of the Maine Worker's Compensation Act, Title 39-A Maine Revised Statutes, Section 104, or other provisions of law, with respect to any claim, demand, action, suit or judgment brought or recovered by NGF's agents, servants or employees against the City, Global Spectrum, GLP Capital, L.P., Penn Tenant, LLC and/or HCB, arising directly or indirectly, out of the NGF's or its agents, servants or employees use of the Premise and/or the exercise of the rights granted under this Agreement. For this purpose only, NGF further expressly waives any and all immunity from suit or judgment it may otherwise enjoy under Title 14 Maine Revised Statutes, Section 158-A. 10. Insurance: NGF shall at its own expense provide commercial liability insurance in an amount not less than $1,000,000 per accident and $5,000,000 aggregate coverage for all claims arising out of the named insured's activities on the premises. The City and HCB shall be provided with certificates of insurance evidencing such coverage, which shall name the City of Bangor, Global Spectrum and GLP, Capital L.P., Penn Tenant LLC and HC Bangor, LLC as additional insured. 11. Fee: NGF agrees to pay the City $1.25 of every admission ticket sold. Settlement for this and City services will be due at the conclusion of the event on Sunday January 29th, 2017 through a settlement process with the Parks and Recreation Director or designee and a representative of NGF. 12. Escrow: NGF shall pay to the City on or before September 8, 2017 the sum of $1,000.00 to be held by the City in escrow. If, after consulting in with NGF, the parties cannot reach an agreement concerning any monies owed for an alleged financial obligation or damage, the City shall have the right to draw down the 3 17-045 DECEMBER 28, 2016 escrow funds to pay any financial obligation due the City or pay for damage seven (7) days after the scheduled event. 13. Amendments: Any amendments to this agreement shall be in writing and shall not be effective unless such writing is executed by all parties to this Agreement. 14. Miscellaneous: This Agreement sets forth all the promises, agreements, conditions and understandings between the City, NGF and HCB relative to the use of the Premises by NGF for the Event, and there is no promise, agreement, condition or understanding, either oral or written, between them other than as are herein set forth. Each covenant and agreement contained in this Agreement shall for all purposes be construed to be a separate and independent covenant and agreement. If any term or provision of this Agreement or the application thereof to any person or circumstance shall to any extent be invalid and unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances, other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and shall be enforced to the extent permitted by law. The headings to the various paragraphs of this Agreement have been inserted for convenient reference only and shall not modify, amend or change the express terms and provisions of this Agreement. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Maine. This Agreement or a memorandum hereof shall not be recorded in the land records of the municipality, county or state in which the Premises is located. This Agreement may be executed in any number of counterparts each of which shall be an original and all, when taken together, shall constitute one and the same document. Transmission by facsimile of an executed counterpart of this Agreement shall be deemed to constitute due and sufficient delivery of such counterpart. This agreement constitutes the entire agreement between the City, NGF and HCB. [CONTINUED ON THE NEXT PAGE] 4 17-045 DECEMBER 28, 2016 The undersigned hereby warrant and represent that they have proper authority to enter into this agreement on behalf of their respective parties. Witness Witness Witness 5 Cy #W&M:M:M [fill By: Name: Catherine Conlow Title: City Manager NOSTRANO GARLIC FESTIVAL, LLC By:_ Name: Title: HOLLYWOOD CASINO BANGOR, LLC By:_ Name: Title: