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HomeMy WebLinkAbout2015-11-23 16-025 ORDERCOUNCIL ACTION Item No. 16-0.25 Date: 11-23-15 Item/Subject: Authorizing the Execution of an Agreement with Eastern Sno Cross — Bass Park Infield, Track, and Grandstand Responsible Department: Parks and Recreation Commentary: This Order will authorize an agreement with the Eastern Sno Cross for use of property at Bass Park. Last year Eastern Maine Community College Foundation entered into an agreement with the City to host a snowmobile racing event at Bass Park as part of a tour operated by East Coast Sno Cross. Eastern Maine Community College Foundation has made a decision to change their role with East Coast Snow Cross. As a result, East Coast Snow Cross has asked to work with the City directly to bring their event back to Bangor. Under the terms of the agreement, East Coast Sno Cross wishes to use the infield, a portion of the track and the grandstand at Bass Park. The event will be on January 30 and 31, 2016 from 9:00 a.m. to 5:00 p.m. each day. The premises will be used from January 11, 2016 through February 1, 2016 for set up, take down and the event itself. The City leases the premises to Hollywood Casino and they have participated in the discussions with East Coast Sno Cross and are in agreement with allowing the event. The agreement shall include the following terms: East Coast Sno Cross will pay the City $1.25 for every ticket sold to the event; East Coast Sno Cross will provide insurance with the City of Bangor and Hollywood Casino named as additional insured; East Coast Sno Cross will indemnify and hold harmless the City of Bangor and Hollywood Casino; East Coast Sno Cross will pay the City any direct costs for fire, police and water usage; East Coast Sno Cross will provide a security deposit. This item was reviewed and recommended by the Government Operations Committee on November 16, 2015. Manager's Comments: Associated Information: Draft Agreement Budget Approval: Legal Approval: Introduced for x Passage First Reading Referral Tracy Willette Department Head ,./ City Manager Page _of_ Finance Director Solicitor 16-025 NOVEMBER 23, 2015 Assigned to Councilor Plourde CITY OF BANGOR (TITLE.) Order, Authorizing the Execution of an Agreement with East Coast Sno Cross — Bass Park Infield, Track, and Grandstand WHEREAS, the East Coast Sno Cross wishes to use the infield, a portion of the track, and the grandstand at Bass Park for a Snocross event in January 2015; 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 qty 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 Eastern Maine Community College's request to use the property for a Snocross event. NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT That Catherine M. Coniow, City Manager, is hereby authorized to execute an agreement with East Coast Sno Cross for the use of the infield, a portion of the track, and the grandstand at Bass Park for a Snocross event. The agreement shall include the following terms: the Snocross event shall be on January 30 and 31, 2016 from 9:00 a.m. to 5:00 p.m. each day; those putting on the event shall have access to the infield, track and grandstand from January 11— February 1, 2016 in order to set up for and clean up after the event; East Coast Sno Cross will pay the qty $1.25 for every ticket sold to the event; East Coast Sno Cross will provide insurance with the City of Bangor and GLP Capital, L.P. named as additional insured; East Coast Sno Cross will Indemnify and hold harmless the City of Bangor and GLP Capital, L.P.; East Coast Sno Cross will pay the qty any direct costs for fire, police and water usage; East Coast Sno Cross 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 NOVEMBER 23, 2015 MOTION MADE AND SECONDED FOR PASSAGE PASSED CITY CLERK 16-025 NOVEMBER 23, 2015 TEMPORARY USE AGREEMENT This Temporary Use Agreement (the "Agreement") is made this day of , 2015 by and between the City of Bangor (the "City") and East Coast Sno Cross ("ECSC") and HC Bangor, LLC ("HCB"). WHEREAS, ECSC wishes to host a snocross event at Bass Park in January 2016 (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 ECSC 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, ECSC and HCB mutually agree to the following terms and conditions allowing said use as follows: 1. Use: ECSC shall use the Premises, as further defined below, for the purposes of hosting a snocross racing event. ECSC shall be allowed to build an appropriate snocross racing track on the Premises. ECSC shall be authorized to use reasonable equipment to build the race track. 2. pates and Hours of Use: ECSC shall be authorized to be on the Premises from January 11th, 2016 to February 1st, 2016 (the "Use Period") during reasonable hours to set up, host and clean up for the event. The snowmobile racing event shall be held on January 30'h and 31st, 2016 from 9am to 5pm, unless otherwise approved by the City. Should ECSC need to create snow during the "use period" for this event, it will be done under terms negotiated with and agreeable to the City. 3. Premises: ECSC shall be permitted to use the Bass Park track, infield, paddock area outside of stables, 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 ECSC to the City and HCB of the areas they propose to use. DMEAST #20080002 v3 A-1 16-025 NOVEMBER 23, 2015 On,or before January 4, 2016, ECSC shall provide the City and HCB with a plan detailing the proposed areos of Bass Park to use and purpose. The proposed plan will identify the spectator areas, snowmobile racing track, 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. ECSC shall not be permitted to use any other areas of Bass Park. 4. Security: ECSC shall provide reasonable private security for their event. ECSC shall contract with the City to provide additional security and public safety for the duration of their event. ECSC shall pay the City for police at a rate of $63 per hour per commanding officer (one) for a four hour minimum and $58 per hour for each officer for a four hour minimum. Emergency medical personnel shall be paid at a rate $223.05 per commanding officer (one) for a four hour minimum and $55.76 for each additional hour and $197.11 for each firefighter for a four hour minimum and $49.28 per firefighter for each additional hour and eggipment 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: ECSC 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. ECSC shill not use the restrooms in the Grandstand. ECSC shall be solely responsible for removal of the portable restrooms and all effluent therein in accordance with all laws. 6. Food and Beverage: ECSC may have vendors for clothing, memorabilia, food and beverages, including a vendor duly licensed and authorized to sell alcoholic beverages in the State of Maine, on the premises within the secured event area. Alcoholic beverage vendors shall only employ TIPS certified employees in concession sites where alcohol will be sold. ECSC 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. ECSC shall retain all revenue from merchandise, food and beverage, and ticket sales after payment to the City of the amount due described herein. 7. Cleanup: ECSC shall be responsible for the cleanup of the premises and surrounding area, including but not limited to, removal of the snocross track that is built, all refuse, snow from the harness racing track surface, excess from the infield of the harness racing track. The cleanup of the track shall be sufficient to return the track to as good as or better condition as existed prior to entry by ECSC onto the Premises pursuant to this Agreement. The excess snow volume shall be determine by the City Engineer and shall reflect the volume of snow, weather forecast and other factors. The requirement for EMMC to remove D4EAST #20080002 v3 A-2 16-025 NOVEMBER 23, 2015 excess snow shall be at the sole determination and discretion of the City Engineer and reasonably acgceptable to HCB. I 8. !Compliance with Laws ECSC shall comply with all federal, state, and local laws, regulations, and ordinances. 9., Indemnification EMMC shall indemnify, defend, save and hold harmless the City, Global Spectrum, GLP Capital, L.P., Pgnn 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 ngtuure arising directly or indirectly from the use of the Premises by ECSC pursuant to this Agreement, including, but not limited to, from the negligence or willful acts of ECSC, its agents, servants, and employees in the exercise of ECSC's rights granted under this Agreement. For this purpose only, ECSC hereby expressly waives any and all immunity from suit or judgment ECSC may otherwise enjoy under provisions of the Maine Worker's Compensation Act, Title 39-A Maine Revised Statutes, Section 104, ori other provisions of law, with respect to any claim, demand, action, suit or judgment brought or rekovered by ECSC'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 ECSC'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, ECSC further expressly waives any and all immunity from suit or judgment it may otherwise enjoy under Title 14 Maine Revised Statutes, Section 158-A. 1(lf . Insurance: ECSC 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 GLP shall be provided with certificates of insurance evidencing such coverage, which shall name the City of Bangor, Global Spectrum and GLP as additional insured. S 11► Fee: E6SC agrees to pay the City $1.25 of every ticket sold. Settlement for this and City services will be due at the conclusion of the event on Sunday January 31 ", 2016 through a settlement process with the Parks and Recreation Director or designee and a representative of ECSC. ECSC agrees to pay the City for water used for snowmaking to build and/or maintain the snocross raging surface at the current established rate. 11 Escrow: ECSC shall pay to the City on or before January 4, 2016 the sum of $5,000 to be held by the City in escrow. If, after consulting in with ECSC, the parties cannot reach an agreement concerning any monies DST #20080002 v3 A-3 I 16-025 NOVEMBER 23, 2015 owed for an alleged financial obligation or damage, the City shall have the right to draw down the esctow funds to pay any financial obligation due the City or pay for damage seven (7) days after the scheduled event. q 13. Amendments: I An* amendments to this agreement shall be in writing and shall not be effective unless such writing is exocuted by all parties to this Agreement. 14.; Miscellaneous: T s Agreement sets forth all the promises, agreements, conditions and understandings between the City, E SC and HCB relative to the use of the Premises by ECSC for the Event, and there is no promise, a eement, condition or understanding, either oral or written, between them other than as are herein set foth. 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 reifiainder 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 ano 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. T I's Agreement shall be governed by and construed in accordance with the substantive laws of the State of ame. 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 e cuted counterpart of this Agreement shall be deemed to constitute due and sufficient delivery of such co'anterpart. This agreement constitutes the entire agreement between the City, ECSC and HCB. [CONTINUED ON THE NEXT PAGE] D4EAST #20080002 v3 A-4 1 16-025 NOVEMBER 23, 2015 Thi undersigned hereby warrant and represent that they have proper authority to enter into this agreement on behalf of their respective parties. { W ess W tness W tness Dt EAST #20080002 v3 .i y A-5 CITY OF BANGOR By: Name: Cathy Conlow Title: City Manager EAST COAST SNO CROSS By:_ Name: Title: HOLLYWOOD CASINO BANGOR, LLC By:_ Name: Title: