Loading...
HomeMy WebLinkAbout2003-03-24 03-119 ORDERItem MR. m—r to Date: March 20. 2003 Itam/Subject ORDER, Authorizing the City Manager to Ezecuts an Escrow Agreement Between the City of Bangor and Capital Seven, LLC Responsible Department: Legal The statewide referendum on slot machines aim requires that a municipality approve the slot machines before they an be operated within the municipality. The mundmity may vote any time between December 31, 2002 and December 31, 2003. Capital Seven, LLC has requested that the City schedule a special election Por June 2003. Capital Seven, LLC has agreed to pay the costs associated with hating this question on the ballot in June. Capital Seven, LLC has agreed to deposit $10,000 in escrow with the aty. The Escrow Agreement will be substantially as attached. Department Head Gty Manager Aaercu etl Information: Escrow Agreement Legal Approval: Finance Director Solicitor Intrad d for Passage _ First Reading Page I of 4 Referral 03-119 Amigo¢ wCo cili Palmer March 24. 2003 CITY OF BANGOR (TITLE.) ORDER, Authorizing the City Manager to Execute an Escrow Agreement Between the City of Bangor and Capital Seven, LLC gytlrecatyC oft cuyofamw. ORDERED, THAT the City Manager, on behalf of the City of Bangor, is authorized to execute an Escrow Agreement between the City of Bangor and Capital Seven, LLC. Said Agreement shall be substantially as attached hereto and in a final form as approved by the City Solicitor or Assistant Clint Solicitor. IN CISY COUNCIL -« Retch 26, 2003 Motion Hade nal seconded for Passage Comacilor Nealley abstained from discussion and vote due to a previously established conflict Passed T *W ORDER (TITLE,) Aathorufeg etre City ager to Ese cu v r Esc w agreem et ➢etreev t e City of Danger and Capital Seven, I Asslgnegtm Coundlor Q.k 03-119 Ixyy-101M.10[1110uIaJ1 This Agreement is made and entered into this _ day of2003, by and between the City of Bangor (herefitaRer "City"), a municipal coryomticn oganized and existing under the laws of the State of Maine, and having its principal offices located at 73 Harlow Street, Bangor, Maine, and Capital Seven, LLC, a Nevada Corporation having a place of business in Bangor, Penobscot County, Maine. WITNESSETH: WHEREAS, Capital Seven, LLC wishes for Bangor to have a special election on the referendum question of whether the citizens of Bangor approve of slot machines at a commercial racetrack in Bangor; and WHEREAS, a special election will cost the City of Bangor approximately $10,000; and WHEREAS, the State of Maine is considering having a June election for the voters to consider referendum questions; and WHEREAS, if the State of Maine schedules a June election for the voters to consider State referendum questions, the City shall take all reasonable and appropriate measures to have the City referendum on the same data as the State referendum. NOW, THEREFORE, IN CONSMERATION of the mutual promises and covenmrts contained in this Agreement, the parties herein agree as follows: 1. To pay for the cost of a special election on the referendum question of whether the citizens of Bangor approve of slot machines at a commercial racetrack in Bangor Capital Seven, LLC shall pay to the City the sura of $10,000 to be held in escrow by the City. 2. The City shall be authorized to withdraw flmds from the escrow account to pay for the con of Ne special elation. 3. If the State of Maine has a June election for the voters to consider referendum questions and the City is Ale to schedule the City referendum question for the same date Capital Seven, LLC shall not be required to pay for the special election except for that portion of the cons related solely to the City referendum and the ranaining funds beld in escrow, sball be promptly returned to Capital Seven, LLC. 4. Any balance censuring in the said escrow account after paymevt of the costs of the City referendum shall be promptly returned to Capital Seven, LLC. 5. The parties herein agree that nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or ofjoint venture between the parties. 03-119 IN WITNESS WHEREOF this agreement bas been executed, sealed and delivered as of the day and year first above written. CITY OF BANGOR By: Edward A.Barred Its: City Manager CAPITAL SEVEN, LLC Name: Tide: