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
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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>•