HomeMy WebLinkAbout2009-05-11 09-161 ORDERCOUNCIL ACTION
Item No. A 161
Date: May 11, 2009
Item/Subject: Order, Authorizing Execution of an Amendment to the Bangor State Fair
Midway Operation Agreement with Fiesta Shows
Responsible Department: Legal
Commentary:
The City of Bangor and Fiesta Shows are parties to an Agreement wherein Fiesta Shows
operates the midway for the Bangor State Fair. The Agreement provides for a division of income
from ride tickets. This Order will authorize the execution of an amendment to the Agreement
which will eliminate ride tickets and replace it with a pay -one -price admission for the 2009
Bangor State Fair.
City personnel who have been involved with the Fair have been in discussion with Fiesta Shows
regarding how the Fair might most appropriately respond to a declining admission trend in
recent years and current economic conditions which have had an impact on discretionary
spending. After reviewing a number of alternatives, they agreed that offering a pay one price
admission to the Fair and midway would be an appropriate step to respond to these trends and
realities. Based on conservative assumptions, this change is projected to have a positive impact
on net fair revenues while providing fairgoers an opportunity to enjoy the fair and midway at a
lower overall cost.
This was reviewed by the Finance Committee which recommended approval.
Department Head
Manager's Comments:
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City Manager
Associated Information:
Budget Approval:
Fina Director
Legal Approval:
Wy Solicitor
Introduced for
X Passage
First Reading
Referral
Assigned to Councilor BRONsoN MAY 1 1 2009
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CITY OF BANGOR
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(TITLE.) ORDER, Authorizing Execution of Amendment to Bangor State Fair Midway
Operation Agreement with Fiesta Shows
WHEREAS, the City of Bangor and Fiesta Shows are parties to an Agreement wherein Fiesta
Shows operates the midway activities for the Bangor State Fair: and
WHEREAS, the parties wish to amend that portion of the Agreement that pertains to ride
receipts to provide for a pay -one -price admission for the 2009 Bangor State Fair;
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR
the City Manager is hereby authorized, on behalf of the City of Bangor, to execute a First
Amendment to Agreement with Fiesta Shows. The Amendment shall be in substantially the
form as attached hereto and in a final form as approved by the City Solicitor or Assistant City
Solicitor.
IN CITY COUNCIL
May 11, 2009
Notion Made and Seconded
for ssage
CITY CLERK
ORDER
(TSE,) AUTHORIZING EXECUTION OF AN
AMENDMENT TO THE BANGOR STATE FAIR
MIDWAY OPERATION AGREEMENT WITH FIESTA
SHOWS
Assigned to Councilor.
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FIRST AMENDMENT OF BANGOR STATE FAIR MIDWAY OPERATION AGREEMENT
BETWEEN THE CITY OF BANGOR AND FIESTA SHOWS
THIS AMENDMENT OF AGREEMENT dated as of the day of May,
2009 by and between THE CITY OF BANGOR, a municipal corporation organized
and existing under the laws of the State of Maine and located in Penobscot
County, State of Maine (hereinafter referred to as CITY'S and Fiesta Shows a
Corporation with its principal place of business at 15 Pine Street, Seabrook, New
Hampshire (hereinafter referred to as ""CONCESSIONAIRE'S.
WITNESSSETH
WHEREAS, the City and Concessionaire entered into a Bangor State Fair
Midway Operation Agreement dated April 23, 2007; and
WHEREAS, the City and Concessionaire wish to amend the Agreement to
provide for a pay -one -price admission policy for the 2009 Bangor State Fair,
including the midway.
NOW, THEREFORE, for and in consideration of the above recitals, the
mutual and reciprocal covenants, terms and conditions contained herein, it is
mutually covenanted and agreed as follows:
By deleting Article 6: Share of Ride Receipts and replacing it with the following:
Article 6: Share of Ride Receipts:
The City will sell all admission tickets, pre -sale promotions, etc. and retain all
receipts for settlement. Concessionaire shall provide unlimited ride wristbands at
its sole expense .
The division of receipts paid to the city is as follows:
Pay -one -price Receipts
$10.00 - $650,000.00
$650,010.00 -$ 700,000.00
Percentage to the City of Bangor
62%
55%
$700,010.00 plus 50%
X61
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Except
Except as herein expressly modified, all of the provisions of the Agreement are
hereby ratified and confirmed.
This Amendment of Agreement shall be only for the 2009 Bangor State Fair and
shall be binding upon and inure to the benefit of the successors and assigns of
the respective parties.
IN WITNESS WHEREOF, this Amendment of Agreement has been duly
executed by the parties hereto as of the date and year first above written.
WITNESS:
CITY OF BANGOR (CITY)
BY:
Edward A. Barrett
City Manager
WITNESS: FIESTA SHOWS (CONCESSIONAIRE)
BY:
Eugene J. Dean
Owner