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HomeMy WebLinkAbout2013-12-23 14-052 ORDERCOUNCIL ACTION Item No. 14-052 Date: December 23, 2013 Item/Subject: Order, Authorizing the Execution of an Agreement with the Bangor Band - Amphitheater Responsible Department: Commentary: This Order will authorize the execution of an Agreement with the Bangor Band to purchase a band shell and risers and provide for City participation in the setup of the events. Prior to the construction of the Cross Insurance Center, The Bangor Band played at the City's community gazebo in Bass Park. Additionally, the gazebo was older and lacked the structural integrity to withstand a move. The Bangor Band has identified a band shell that will meet their needs and a new location on City property at the waterfront. The proposed terms of the agreement is as follows: • The term of the agreement is five years; and • The band shell and risers will be insured by the City as well as the Bangor Band and any other potential users; and • The City agrees to set up, take down and store the band shell and risers. • The Bangor Band may use, at no charge, the band shell and risers fifteen (15) times per year. • The City shall be responsible for the repair and maintenance of the band shell and risers for a period of five years. • The City will have the right to deny use of the band shell and risers when it determines that conditions are such that it is, in the opinion of the City unsafe to use. • After the first year of the agreement the parties shall negotiate any fees to be paid the City to store, set up and take down the band shell and risers. The terms of this agreement was reviewed and recommended for approval by the Government Operations Committee at its December 2, 2013 meeting. Manager's Comments: Associated Information: Budget Approval: Legal Approval: Introduced for Passage _ First Reading Referral Department Head Page _ of _ City Manager Finance Director City Solicitor Assigned to Councilor — GRAHAM CITY OF BANGOR 14-052 DECEMBER 23, 2013 (TITLE.) Order, Authorizing the Execution of an Agreement with the Bangor Band - Amphitheater WHEREAS, the Bangor Band has played at the City's community gazebo in Bass Park for several years; and WHEREAS, upon the construction of the Cross Insurance Center the site was no longer able to be used by the Bangor Band; and WHEREAS, the gazebo was not structural sound enough to move; and WHEREAS, the Bangor Band has identified a band shell that will meet their needs and a new location on City property; and WHEREAS, it is in the best interests of the City of Bangor and the Bangor Band to enter into an agreement for the acquisition and use of a band shell and risers. By the City Council of the City of Bangor. ORDERED, THAT Catherine M. Conlow, City Manager, is hereby authorized, on behalf of the City of Bangor, to execute an agreement with the Bangor Band. Said Agreement shall include a provision that the Bangor band shall provide the funds for a band shell and risers; that the band shell and risers shall be acquired by the City with the funds and shall be owned by the City; that the City, Bangor Band and any user of the band shell and risers shall be insured for its use; that the City shall set up and take down the band shell and risers; that the City shall store the band shell and risers; that the Bangor Band may use, at no charge, the band shell and risers fifteen (15) times per year and inform the City in the Spring of each year the dates it wants to use them; for a period of five (5) years the City shall be responsible for the repair and maintenance of the band shell and risers; that the City has the right to deny use of the band shell and risers when it determines that conditions are such that it is, in the opinion of the City unsafe to use; the City shall store, set up and take down the b and shell and risers; after the first year of the agreement the parties shall negotiate any fees to be paid the City to store, set up and take down the band shell and risers; a term of five (5) years; such other conditions as are appropriate. Said Agreement shall be in a final form as approved by the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL December 30, 2013 Motion made and seconded for Passage Passed CITY QMRK