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HomeMy WebLinkAbout2002-03-13 02-130 ORDERItem No. 02-130 Date: 03-13-02 Item/Subject ORDER, Authorizing a Contract Amendment Between the City of Bangor and Fiesta Shows far an Option to Extend the Agreement for Three (3) Additional Years From 2006-2006. Responsible Department: Bass Park Due to the change in the laws by the State of Maine regarding the "games of chance;' Fiesta Shows suffered a significant lass in potential income since they are no longer able to run the games during the Bangor State Fair. The President of Fiesta Shows, Mr. Eugene Dean, is seeking no compensation for any loss, but rather has requested only an option for extension of the contract to include 20042006. The original agreement is set to expire in 2003. City Solicitor Heitmann has addressed the issues of the possibility of a new facility at Bass Park as well as a possible change in the laws by the State of Maine for "games of chance" within his amendment document. Department Head This has been discussed and reviewed on several occasions by the B ' ess and Economic Development Committee, which recommends your approval. City Manager Associated Information: Order, Amendment. Introduced for X Passage _ First Reading Page 1 of 1 Referral 02-130 'F Assigned to Ccuncilur aotmav [larch 13, 2002 CITY OF BANGOR oaor$ (WrLE.) Authorizing a Contract Amendment between the City of Bangor and FIeYa Shows for an Option to Extend the Agreement for Three (3) Additional years from 2004-2006 ORDERED, That the City Manager is hereby autilorized to execute an amendment to the Bangor State Fair midway operations 1999-2003, a copy of which is attached hereto, to provide concessionalre with an option to renew the agreement for three additional seamnal terms for the years 2004 through 2006, to recognize the potential renovadon or replacement of the auditorium/civic center, and to renegotiate fees paid to the City should the laws of the State of Maine change to benefit the mncessionaile. IP CITY 0009CM March 13, 2002 motion Made aad Seconded for Passage Passed c t k a 02-130 ORDER Title, Au[M1orizing a Contract Amrndment Between the City of Bangor and Fiesta Siwe for an Option to Bateod the Uree- met for Thiee (3) Additional Years from 2006-2006 Assigne0 to ?vM " Councilor t vv" VIA CERTIFIED MAIL t/ August 16, 2004 Mike Dyer Bangor State Fair 100 Dutton Street Bangor, ME 04401 RE: Intention to renew Dear Mr. Dyer: This letter is to serve as our notice of intenton to renew the Contract for the 2005 Bangor State Fair as outlined in Paragraph 2 (Option to Renew) of the Contract. Sincerery,7 Gere 16 e Dean EID/mc PO. Box 460'15 Pine 5trenr Seabrook, NH 03®6 } B77-FI6TAl phone f 6034745395 fax 4 www.fiemshows com 02-130 ANENDNENTTO BANGOR STATE FAIR NIIDWAY OPERATIONS 1999-2003 AGREEMENT THIS AMENDMENT, made and executed in duplicate this / day of AT/L 2002, by and between the City of Bangor, hereinafter referred to as the "CITY", and Fiesta Shows, hereinafter referred to as the "CONCESSIONAIRE". WHEREAS, the Cay of Bangor and Fiesta Shows are parties to an Agreement dated January 1999; seed WHEREAS, the parties agree that it is appropriate to amend certain provisions of said Agreement. NOW THEREFORE, The parties mutually agree that the Agreement between the parties dated January 1999 shall be amended as blows: By adding the following M Section 2: "Provided that the CONCESSIONAIRE has fully and satisfactorily perfmad all its obligations existing miler this Agrcetvem during the initial term bereof, and subject to the same requirements of full and satisfactory performance with respect to each renewal term. CONCESSIONAIRE shall have the option to renew this Agreement for three additions] seasonal terns for the years 2004 through 2006, inclusive, comrcercmg May 1 and terminating August 31 ofeach year. Such renewal shall be subject to reeegotiation by the parties of Section 5 and 6 below relating to rides, fees and admission policy." By adding the following to Section 3: 'The parties agree and acknowledge that the CITY nay replace or n stoonte the existivg Bangor Auditorium aa1 Civic Center. In the event either is done doing the term oftbis Agreement or any extension hereof CONCESSIONAIRE agrees that the description of the premises may be amended by the CITY, with the intent that the CONCESSIONAIRE is able to continue to operate in generally the same rammer, and that the CITY shah rpt be responsible for any toss by CONCESSIONAIRE as a result dnereef" By adding the following to Section 6: "If, during the terns of this Agreement or any renewals hereof the laws ofthe State of Maine are changed in such a way to as to benefit the CONCESSIONAIRE the parties agree that they shall renegotiate the fees to be paid to the CITY by the CONCESSIONAIRE." 02-130 In all other respects the Ageement between de panics remains in full force and effit. IN WITNESS WHEREOF, We pardes have set their hands and seals this day of ftml/ 2002 QTY OF BANGOR %d Ox 0 wy' Ma>•