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HomeMy WebLinkAbout2002-06-24 02-265 ORDERIlam No. 02-20 Data: 06-2e-02 Item/Subject Authorizing the City Manager m execute an agreement with Bangor Historic Track, Inc. that will extend there current agreement to include the 2003 acing season. Responsible Department: Bass Park/Business and Economic Development Cornmerdary: The Cityls current agreement with Bangor Historic Track, Inc. Is for Me 2002 rating season only. This agreement does provide that that City may, at its sole discretion, negmlate an agreement with Bangor Historic Track, Inc. for the 2003 racing smon. Bangor Historic Tack, Inc. has requested an agreement for the 2003 acing season. The only anticipated Mange in the agreement would be Me change in racing dates, which must ultimately be approved by the Maine State Hamm Racing Commission. This issue was presented ro Business and Economic Development Committee which moommended approval. Deparzn6int Head Manager's Comments: a City Manager Associated Information: Budget Approval: Finance Director Legal Approval: Gly Solicitor IM dated for Passage T` First Reading page I of I_ Referral 02-265 v Assigned WCouaoilor Falmer ]we 24, 2002 CITY OF BANGOR (MILE.) Order, AuMormng the City Manager to Execute an Agreement with Bangor Historic Tack, Inc. That Will Extend Their Current Agreement to include the 2003 Racing Season. By the City Cmero7 ofNe CX y of Ba/gar..- ORDERED, That the City Manager is hereby authorized to execute an agreement to extend the lease with Bangor Historic hack, Inc. through the 2003 acing season. Racing dates shall be established by Bangor Historic Track, Inc. and must be approved by the Maine State Harness acing Commission. 'IN CITY COUNCIL Iwe 26, 2002 02-265 Motion N e and gecwded for Passage ORDER Passed Title. Authorizing the City Manager �Cm cfg to Execute an Agreeaeut with gmgar uistoric Task. Inc. that will Extend Their Currwt Agceemeut to Include the 2003 Eating SeasonAssigned to Y'� Councilor fy&"�61 BANGOR RACEWAY LEASE AGREEMENT THIS AGREEMENT, ezecmed N duplimte, [Iris 8'� day ofJuly, 2002, by and between: THE CITY OF BANGOR, arrurrompul corporation organized and existing under end by vhtae ofthe laws oflhe State of Maine, and located at Bangor, Penobscot County, Maine (hereinafter referred to as the "CITY") and BANGOR HISTORIC TRACK, INC., a Maine corpora ton, doing business as Bangor Raceway (hervinafler referred to as the "TENANT'] WITNESSETH: WHEREAS, the CITY is the owner of hamess ruing facility located in the City of Hangar m the CITY'S Bass Park Complex; and WHEREAS, the TENANT wishes to lease the C1TY's fames; racing facility for the purpose of conducting an exteode i hamess racing meet for the calendar year 2003 racing season, NOW, THEREFORE, the parries hereto agree as follows: 1. Premises. The CITY, for and in consideration of the rents to be paid and the obligations to be performed by the TENANT as hereinafter provided, does hereby demise and lease unto the TENANT and TENANT does hereby take and hire, upon and subject m the terms and conditions hereinafter stated, in their present physical condition, and for 9u: periods hereinafter stated, the following described premises and facilities located 9 the CITY's Bass Park Complex, an further designated in the sketch one"hed hereb as "Exhibit 1": Area Dates Track March 1 duough October 15, but excluding Judy 23 though Augst5 Barts March 1 through October 15 and a reasonable period before March I for preparation foxiness Trailer Park April l through July 23 Grandstand May l through July 23 The truck, trailer park, rnd grendstand, as well as parking news, are specifically recognized enjoin use areas as follows: a. Parking Areas. Parking areas will be available for use by braces racing customers as well as customers of other events held at the Bass Park Complex on a fust -come, first-served basis. b. Trailer Park. The milerpmk areas will be available for use by individuals associated with horse shows held in August or with harness racing on a priority basis during the Trailer Park dates indicated above. Any caused space during the Trailer Park dates will be made available for short-term use by others with the revenue ftom these users to go to the CITY. C. Track and Orendstaru. The track and grandstand meas shall he available for we fa other events prim to the date of commencement of the harness mcing meet The track and grandstand shall also be available during the race meet on non -racing days and after racing on any racing day where ming is normally scheduled to end by 6:00 p.m. Such uses shall be permitted provided that the track shall not be closed to horses for more than [Ines days in any week from April let to the date of commememem of the harness racing meet and no more Warr icor days in any week during the harness racing meet. 2. igrrg. TO HAVE AND TO HOLD the demised premises two the TENANT for an annual term commencing January 1, 2003 and ending October 15, 2003. PROVIDED, HOWEVER, that TENANT's occupancy and use of any of (be facilities described above shall not begin prim to or extend beyond the periods sward in Section 1 above. 3. Existing FacilitiestAdditloas and Clauses. No building or facility or any physical changes to my existing buildings or facilities may be cortanucted without the express written consent of the CITY. Such consent shah not be unreasonably withheld. However, the CITY may withhold its consent to any additions or changes couch, in the sole opinion oft he CITY, would have anegative impact on the use of the leased facilities for other events and purposes, or on the structural integrity of my budding or structure. All additions and changes shall be made in accordance with the appropriate budding and development codes, and TENANT shall be responsible for all necessary permits. It is understood and agreed that the CITY shall remain the legal owner of all buildings, structures, hnprovements, facilities and installations currently upon the premises or which may be erected upon the premises during the term of this Agreement Equipment awned and handled by TENANT shall become the property of the CITY where such equipment becomes attached to and a fixed element of my building, structure, or facility. A. Maintenance and Improvements. TENANT shall, at its sole can, provide all muessmy maft4m ceand repay of the leasedfacilities, including the maintenance and repair necessary to keep the facilities in compliance with applicable fire and life safety codes. TENANT shall maintain the facilities in accordance with fiat class standards comparable to other facilities in Maine and New England. The CITY and its designated representatives shall have a right of access to inspect premises and facilities and to order corrective measures. Formal inspections of the demised premises shall be conducted by the CITY on or about March Ist, during the week prior to the Bangor State Pair, during the week after the Bangor State Fair, during the week after September racing, if applicable, and during the first week of November of each year this Agreement is in force. The purpose of these inspections is to insure that the facilities are maintained in the same or better condition as existed at the start of the Agreement. In the event TENANT fails to make repairs or an keep the facility in a safe and sanitary condition, CITY shall have the right to enter upon the facility for purposes of undoing repairs and to charge the cost of such repairs an TENANT. Failure to adequately maintain the facility will be abasis for default and termination of this Agreement and forfeiture of performance bond. It is anticipated that the CITY will participate in the cost of betterments or improvements made to shared -use facilities where such work benefits events or users of the facilities other than harness racing. TENANT shall forward requests for such improvements or betterments; an the CITY on an amoral basis, on or about March tat of each year, for consideration in the CITY's mutual budget process. These requests may include requests for proportional mu nbmumerds fm betterments already performed by TENANT. The cast of such improvements shall be shared on a 50/50 basis or such basis as may be separately negotiated subjectm CityCouncllappmvaloftheexpenditure. The CITYmay.mitsovmoptiogelectto proceed with us own betterments or improvements to shmed-use facilities where such week shall nothaveanegaiveim}actonhamessmcing. The CITYshallinform TENANTinadvanceof planned improvemerts act shall coordinate their schedule with TENANT in order to mwmize then impact on hamess arcing. TENANT may, at its own option, elect an proceed with its own betterments or improvements to shared -use facilities where such work bas been previously approved by the CITY for construction bat not fm shared -funding. 5. Amnruved Uses. Theprimmyuseoftheleacedfacilides lbeforhvehamms owing and directly related activities and promotions including simulcasting. Odrer horse related events such as home shows, sales, and demonstrations are permitted. TENANT shall have the exclusive use of the leased premises for these uses during the tern of this Lease Agrcement. Where such evens occur on a stand-alone basis on the leaned Entries and during TENANT's occupancy, period, net revenues shall be apportioned between the CITY and TENANT on a 75V25% basis with the larger portion going to the entity which identifies and brings the events to the facility. The TENANT may request that it be allowed to use Ne facility for other licensed Maine Harness Racing Commission services, and if so requested, a separate agreement subject to final approval of the Bangor City Commit, may he negotiated by the parties. 6. Utilities. All utility expenses including water, elechical, telephone, sewer and waste disposal, required to operate the leased facility, shellhepaid by the TENANT. TENANT shall pay CITY for all CITY -provided utilities a the same rates the CITY charges stutter customers. The CITY and TENANT shall agow to a ability metering and/or cost allocation plan which will be implemented prim to March 1, 2003. The purpose of this plan is to provide for a cost-effective plan for either separately metering the facilities to be used fa owing or appropriately allocating utility costs based on actual use for racing and other events. 7. Taxes Licenses and Fed. TENANT shall be responsible for my and all taxes and all requirod licenses and foes to operate the Facility. 8. Indemnification and Insurance. The TENANT shall indemnify, defend, and hold harmless the CITY firm and against all claims and actions, and all expenses incidental to such claims or actions, based upon or arising am of damage to property or injuries to promote or other tortious rats caused or contributed to by the TENANT or anyone acting order its direction or control or in its behalfin the coarse of the TENANT's activities order this Agreement, provided them TENANT's aforesaid indemnity and hold harmless agreenem shall not he applicable to my liability based upon the sole negligence of the CITY. The TENANT hereby expressly agrees that it will defend, indemnify and hold the City of Bangor harmless from any anal all claims made or assertN by TENANT's agents, servants or employees arising out ofTENANT's activities miler this Agreemmlfo tlu purpose. TENANT hereby exoressiv waives my and all immunity it mer have under Maine's Workers' Coommusamor Act in round to such claims madeasserted by TENANT' servals. or employees The indemnification provided under this paragraph shall extend to and include ray and all mats intoned by the CITY to answer, investigate, def d and settle all such claims, including but net limited to the CC7Cs costs for attorney fns, expert rad other witness fed, the war of investigators, and payment in full of my rad all maigme s; rendered in favor of TENANT's agents, servants or employees against the CITY in regard to claims made or asserted by such agents, servants, or employees. a. In connection with the employment of its employed, TENANT shall pay all applicable social security, unemployment, wpdrers' compensation, or other employment taxes or contributions of msumnce and shall comply with all federal roil sum laws and regulations relatiag to employment generally and to wages, social security, unemployment macrame sad workers' compensation in particular. TENANT shall indemnify and hold harmless the CITY from all costs, expenses, claims or damages resulting from any failure of TENANT to comply wiNtMserequiremems. b. TENANT shell procure and maintain comprehensive general liability and automobile liability insurance on behalf ofthe CITY against my damage, loss or liability or claims alleged to have arism from the use or occupancy by TENANT of me mceway, and related facilities. With respect to the required insurance, the CITY "I be mused as an additional insured; be provided with a waiver of subrogation in favor of lire CITY; and shall he provided with thirty (30) days norm of emwllafion or material change; and shell be provided, through the Office of the City Solicitor, with certficemce of Insurance evidencing the above required insurance. The cost of such insurance shall be paid directly by TENANT. The amounts of such coverage shall be as follows: Tie Amomt 1. Workers'Compensa[ion S1Mcombivd single limit Stability Employers Liability 2. Comprehensive public $1M combined single limit Liability to include but with additional umbrella not be limited to the policy for nor less than following: SIM a) priamises/operations b) irulependant mntracmr c) personal injury coverage d) product/completed operations e) contractual liability 3. Comprehensive Automobile $lM combined single limit Liability coverage to include coverage for: a) owned/reutdmm b) num-owned mmmabiles c) hired care 4. Standard Fona Firem Replacement Value All Risk Insurance Policy Should TENANT desire, CITY will entertain a raryest thin Fire or All Risk Insurance be provided by the CITY and "I be paid, on an agreed pro-rana basis, by TENANT for Nose periods in which TENANT canapes; the facilities. Iv the event ofloss or damage to any portion of the lased premises due to fire or other casualty occurring during TENANT's use or occupancy, or occurring after TENANT's use or occupancy as a result of the negligence of TENANT or TENANT's agents, servants, commuters, or employees, TENANT shell reimburse to Ne CITY my portion of the CITY's cost of replacing or repairing the particular facilities concemd that is not reimbursed by applicable fire or all risk insurance. Each insurance policy procured by TENANT shall alliteratively state that it will not be invalidated because the insured waived its rights of recovery against any party prior to the occurrence of loss. 9. Employees and Independent Ctmpggors. TENANT and its employees shall operate as an independent contractor and neither TENANT nor TENANT's employees shall be deemed in my manner to be agents or employees of the CITY. The CITY shall not be responsible for TENANT's fineaciel obligations including, but not limitd to, salaries and wages armed by employees, purse distribution and prim won during the course of the racing meet, or amounts due to independent contractors, horsemen, vendors and patrons. 10. Compliance with Laws. TENANT will comply with all federal, state and local stases, rules, ordinances and regulations as they reline to the operation of the raceway and related facilities. Il. Non-Disedruination.In conducting activities under this Agreement, TENANT shall not discrin roam on the basis of race, color, sec, creed, religion, ancestry, national origin, age or disability, or in my oho manner prohibited by law, and shell not fail or refuse to hire an employee or amend adverse, or unequal treatment to my person or employes with respect to application, hiring, training, apprenticeship, tenure, promotion, upgrading, compensation, layoff, discharge or my other term or condition of employment in any manna prohibited by law. 12. Catering TENANT shall have the exclusive right to sell alcoholic beverages on the leased premises during TENANT's omupency thereof and shall have the right to operate or let all food and driNc concessions m the raceway where the provision of such services is for a racing event authorized under this Agreanent. The CITY reserves the right to provide these services and concessions for my evert sponsored or pemtitted by the CITY. TENANT may, exercise these rights directly or hough an agreement with a reputable area concessionaire acceptable to the CITY. Should a concessionaire be selected the concessionaire must emev into an agreement with the CITY for the use of my concession equipment or mpplies owned by the CITY and for the provision by the conowsior a re of assurance acceptable to the CITY and the guamutce of necessary operating liceaas, including a license for sale of beer. The CITY reserves the right to regvre a reasonable payment for such equipment and supplies. 13. Porch= of City lnventorv. TENANT shall purchase all autonomous materials and supplies on hand wall owned by the CITY at the time TENANT assumes operation of the seaway. Price will be based on sound CITY costs. 14. Performance BoM. TENANT shall provide the CITY with an acceptable corporate surety bond m the penal sum of $30,000 payable to the CITY, or such other security as is acceptable to the City Solicitor, for the faidJul perfopamce of all duties and obligations imposed upon TENANT by and under the temp of this Agreement Bond or other ameptable security may be provided within ten (10) days of award of extended racing race license to TENANT by the Maine lioness Racing Comrnisvoa In addition to serving as a performance hand, this meant, if provided in an appropriate fpm acceptable to the City Solicitor, shall also fu1fillthe requimneM outlined in Section 20 below for a Damage DeposiL Accepmble security may include an irrevocable letter of credit or a cash deposit Said performance bond shall remain is force, m a minimum, until November 30th of each year this Agreement is in farce. 15. ResoomibiEties of Tenant. Consistent with the terns of this Agreement, TENANT shall exercise sound budirw sjudgmert, coolants with the CITY, and be open to the CITY's recomruerWatiovs and advice. The CIfY's and TENANT's specific responsibilities shall include, though not necessarily be limited to, the fallowing: a. Neighborhood Public Relations and Protection. TENANT is mindful of the impact of Facility activities an the immediate neighborhood and surrounding area TENANT agrees to adhere to the following guidelines: I. No live race shall seer after 11:00 pm. unless, due tom umforemcn emageney such as, but not limited to, loss of power, loss of computer support a run the annual area, facility accident, or Was ofsmbulance supporS mcaa are delayed. In such ctrcmvstaoces, TENANT shall make every effort to accelerate past Limas and an finish operating al a reasonable hour, in no case later than 12 midnight. ii. TENANT, in conducting TENANT's activities under this Agreeman, shall Like veceseary, steps in prevent generation of excessive¢oise. For this purpose, excessive noise shall mean noise of volume, pitch or intensity likely to disturb the peace ofordmary occupants of residential properties announcing the Bass Park Complex. w. To the best of its ability, TENANT shall ensure that horse tmilem and Facility traffic will comply with all applicable CITY rules and regulations. b. Pest CoutmL TENANT shall be responsible for aft necessary pest control services. TENANT and the CITY may mutually same in a formation Of named Pest control services. C. Snow Removal. The CITY shall be responsible for snow removal services d. Trash Removal. TENANTshall be resporvsible for all waste and tush removal services, including removal and disposal afternoon. e. Licenses and Permits. TENANT shall obtain and maintain all licenses and permit necessary for TENANT to manage and operate the Facility. Failure to maintain the necessary licenses and permits an operate and manage the Facility shall constitute a breach of this Agreement f Fixed Asset Inventory. TENANT shall take custody but not ownership of the fixed assets of the Facility. The CITY shall provide TENANT with a and complete written inventory of snucaues, facilities, and improvements Milan the leased area TENANT shall =apt this fixed asset inventory and may, request a physical walk through and verification with a mydiazed represemmive maeCITY. propernoatlonsof my discrepancies ntorrhall . made th tderiod by ham parties shall assumen inventory. During repair cost of use, TENANT shall assume all maintenance and repa'v costs on such equipment. g. Grass Cmtne. The CITY will be responsible for all gross cutting throughout the property. 16. Securitv TENANT will insure that adequate security is available for all events held at the Facility. TENANT shall develop, in cooperation with the Chief of Police of the Bangor Police Department, a security plan for the Facility. This plan shall outine ds level and type of security to be provided during racing. Uniformed police offncem shall be in atmndance 9 all harness racing events The number of uniformed police to be present shall be established in thejointsecmityplan. In addition, the Chief of Poll" of the Bangor Police Department may, at his discretion, rename TENANT to provide ahigher level of uniformed police to be present in order in preserve order and protect lives and property. In the event of a dispute betwean the TENANT and the Chief of Police regarding the amber of uniformed police officers required, the dispute shall be submitted to the City Manager of the City of Bangor whose detaimarmon shall be fund. Uniformed police saunty may be supplemented by using local contract maturity, TENANT's own=only employees, or other sources of security service. The Chief of Police of the City of Bangor shall roman the authority to direct TENANT to remove from this respond- bility any individual engaged in providing security services for any reason. The required security plans shall be developed and approved by TENANT and the CITY within sixty (60) days of this due ofagreeman. TENANT shall pay the CITY for we of mm mumed police offices; m the same rate established by the CITY for such services provided to other parties. 17. Fre Protection. TENANT shall abide by all life safety and fire codes established by the Stine of 14k; and the CITY an interpreted and rumored by the Code Enforcement Officer of the City of Bangor or the State Fire Marshal's Office. 18. Pavmeat to the CiN. TENANT shall pay the CITY a been fes of Thirty-five Thousand Dollars ($35,100.00) for the right to lease and operate the promises. In addition to the base fes, TENANT shall pay in the CITY an additional fee meant to be detemmined as follows: If the sum of the average daily handles hoed on -track and at Maine Off Track Betting facififies wagered on TENANT's races is greater than Fifty Thousand Dollars ($50,000.10), the percentage amoant by which said amount exceeds $50,000.00 shall be multiplied by the base fee W determine the amount of the additionalfee. CITY shall invoice TENANT the hill amount of the base hire on March lm of each year of this Agreement. TENANT shall pay the feels) in seven (T) equal monthly installments beginning March fm. Any aldivmtalf due will be calcumterl m the and of the Racing Season and be payable by September 1st with the final ramal installment. At the and of any manta owes are coaductel on or m the leased premises, TENANT shall provide t CITY copies of reports required to be filed with the State of Maine reflecting all wagers placed or made in the leased promises, as well as all wagers made or placed at Maine Off Tock Bening facilities on races conducted in the leased premises. In the event CITY wishes to lease part ofine premises in ]sore 2003 in another party for another event, TENANT agues to negotiate with CITY comms to make that data available. The awned payment to the CITY may be renegotiated by me parties in the event TENANT has applied in the Maine fimuess Racing Commission fu fifteen (15) days of racing or less for that particular year. Provided, however, dust the rental shall be based upon a For diem for use of the mcebaA and grandstand only on actual race dates. 19. Other Paw en[s. In addition to any and ali paymems required elsewhere in this Agreement, TENANT shall expend twenty-five percent (250/6) of my payment made to TENANT under Title 8, Maine Revised Statutes Annotated, Section 275(11)(3), sometimes refeaed to as the "commercial meet stipend", on facility improvements, beautification and or maintenance during the calendar year in which such payment, if any, is received. 20. Deanne Deposit Within me (2) weeks following the CITY's annual pre -mor inspection of the premises L, the inspection which is to occur on or about March 1st of each year this Agreement is in force), TENANT shall deposit with the CITY the sum of Ten Tbousand Dollars ($10,000.00) to be held by the CITY as a deposit against the CITY's cost of Tai^n8 any nominated damage to the premises caused by the TENANT, its employees, horsemen, vendors, houses racing protons, or others using the premises during the hamess racing season. Following the conclusion of live seeing and primlo the sort ofthe Bangor State Fair, the CITY shall else conduct inspections of the premises as provided n paragraph 4 above for the propose of identifying any unrepaired damage to the premiss occasioned by TENANT's use thereof. The CITY shell provide TENANT with a list of all such items of unrepaired damage, which shall be repaired by TENANT Prior to the start of the Bangor Stale Fav, or wihtin thirty (30) days of the CITY's notice to TENANT, as the CITY may direct. If not repaired by TENANT, within such period, the CITY may repair or cause such items to be repand, and may apply TENANT's damage deposit as necessary for that purpose. Asa condition of this Leese, TENANT shall deposit with the CITY foods sufficient to restore the damage deposit amount to Ten Thousand Dallas ($10,000.00). Upon termination of final expiration of this Lease, and following repair of all unrepaired damage to the premiss cocooned by TENANT's use thereof, the unexpended balance of TENANT's damage deposit shall be refunded to the TENANT. Said damage deposit, whether included as part of the Performance Bond (Parsg,sph 14 above) or otherwise shall repair in force, o amirumum, ootil November 30th of each year this agreement is in force. 21. Advertisine. TENANT shall have the right to solicit and display advertising within and around the passional and on the raceway shadow trace. Such advertising most comply with the Advertising Policy of the Baagor City Council as currently adopted ors it may, from time to time, be amended. Any revenues derived from such advertising shall be trimmed between TENANT out CITY based anthe percentage of time such advertising shall be displayed during and outside TENANT's period of occupancy of the facilities where such advertising is present Any advertising which will be displayed beyond TENANT's period ofoceupancy, most be specifically approvd by the CITY. Any advertising to be provided in exchange for facility improvements most be approved by the CITY, both as an cooked of advertising and overall payments or facility improvements to be provided. 22. Event Sim. CITY shall provide TENANT with the right in place an event sign adjacent to the Bass Pok property at a location mutually acceptable to CITY and TENANT. in addition, CITY shall make space available on the Bass Park lighted replace sign located on Main Street whenever Possible. 23. Destruction of or Manor Repairs to the Premiss. In the event that the leased promises or any pot of the leased premises shall be destroyed by fire, explosion or other casualty, or a need arises for substantial capital improvements so that all or a substantial portion of the leased premises cannot be operated and the CITY or TENANT fails to rebuild, repair and reopen the same fm business within sixty (60) days ager the happening of said event, then either party shall have the right (but not obligation) to terminate this Agreement. 24. Termination and Default. If TENANT falls to pay or deposit sums due within seven (7) days notice of such failure, orf Is to comply with its other obligations under the terms of this Agreement, and the TENANT fails to cure such failure within thirty (30) days after written nonce, which notice shell specify in sufficient detail the specific circumstances an m to give the TENANT adequate more and the opportunity to cure the same, the CITY may upon expiration of such period terminate this Agreement. 25. No Joint VenNre. Nothivgcomairredhemffishallbedee orcoma dby Ne parties, net by any Not party, as creating the relationship of principal and agent or of Partnership orioivt venture between the parties, it being understood and agreed that neither the method of computation of rem nor my other provision nor my other acts of me paries shall be deemed to creme any relationship between the parties other man that of landlord and mount. 26. Nm -Waiver. The failure of either party m my time to enforce a provision of this Agreement shall in an way constitute awaiver of the provision, nor in my way sffent the validity of this Agement or my part thereof, or the right of such party thereofto enforce each and every, pmvisionheeo£ 27. Amendment The parties may amend this Agreement only by written agreement executed by the parties. 28. No Assiauvevc TENANT shall not assigo, sublet, sell, number, or otherwise dispose of its interest in this Agreement withom the prior written approval ofthe CITY. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns. 29. Severability. Any provision of this Agreement declared invalid by a coast of compelentju isdiction shall not invalidate the remaining provisions ofthis Agreavent. 30. Governing law. This Agreement shall be groomed exclusively by the provisions hereof and bythe mwsofthe StumofMaine, as measure may fromnmem timeexlst. Nestor shall be brought by either party to enforce my of the terrors or provisions ofthis Agreement, unless brought in the Penobscot County, Maine District or Superior Conn. 31. Notices. All ounces required by this Agreement shall be in writing and shall be sufficiently given and served upon the other party if sent by registered or certified United Sates mail, postage prepaid and addressd m follows: If sent to CITY: Michael Dyer, Director Bass Park Complex 100 Damon Street Bangor, ME 04401 With a copy ln: Noonan S. Helmsman Bl, City Solicitor CityofBangrr 73 Harlow Street Bangor, ME 04401 or at such other phase as the CITY may, from time to time, designate by notice to TENANT. t0 If sem to TENANT: Bangor Raceway P.O. Box 64 Bangor, MB 04402A614 at such other place as TENANT may, from time to time, designate to the CITY. 32. Irate tay. This Agreement and all appendices and amendments hereto embody We entire agreement of the parties relating to the dudes and obligations required hereunder. There ate no promises, terms, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communicstiaa, representations or agreements, either oral or wriffm between the parties hereto. IN WFTNESS WHEREOF, the parties have respectively executed or caused this Agreement to be executed the day and Year first written above. WITNESS: CITY OF BANGOR (By) Edwmd A. Barrett Ib City Manager WITNESS: BANGOR HISTORIC TRACK, INC. (BY) F Its RaceawayweY Manager APPROVED AS TO FORM: CITY OF BANGOR (By) NS. Heftm&ah IB City Solicitor OPen ARRAS Igsuar 'SHARED USE "iOw i��� ,OTO r re Oso `3. r - OLD MAIOGtDAnlD�j nna�c --� �RPnr iva PrM AN t�COM, r, �v�\ ,O nmOrxTnnnrtJ ._— 171-1rJ_----- — BASS HAHI,, NOME OF -BE HANGOH STATE FAIR EXHIBIT 1 Ch of B_ h rine www.bgrme.org July8,2002 Steven whiling, Esq. The whiting Law Firm, P.A. Suite 207 75 Pearl Street Portland, Maine 04101-4104 Re: Referendum Petition Circulamr Certificates 207/945-0400 tax 20119451449 norman.hohmann@bgrme.org 7ohn.hamerpbgrme.org LEGAL DEPARTMENT Norman S. Keltmenry III, City Solicitor John K. Homer, Assistant City SOIIOIMr Dear Steve: This is m acknowledge your letter of July 2, 2002 with Ms. Palesky's letter of June 30, 2002 enclosed. Iam not cermot how closely Ms. Pawl read my Jme 25,2002 hour to you, but the last paragraph of the fust page stated "[d]uring this exchange between Ms. Campbell and Mr. Parsons no disparaging remarks, or any remarks for that matter, were made about Ms. Palesky.^ Ifthet is art clear, then let me state dust Ms. Campbell did not refer m Ms. Palesky as a "bitch^. She made no comments about Ms. Palesky whatsoever. The issue that day was whether Mr. Parsons was properly registered to vote in Bangor. whether he has two homes is irrelevant what is relevant is which of Nose homes he calls his residence, since one votes, registers his cm, etc. in the community Nat he considers his residence. It is apparent that his residence is in Jackson. He registered m vote fere on Ache 24, 2002. In addition, a check of Not records in the City's Assessing Depmtraent did not show that Mr. Parsons owns Say property here, though he may have rented ahome. Finally,Ms. Campbell did not refuse to sign Mr. Parson's certificate. She merely asked question about his residence and he left before she hod an opportunity to sign or refuse to sign the certificate. Sincerely, Orman S. Heimsarm, ID City Solicitor N: Gail Campbell, Bangor City Clerk✓ Deborah S. Cabana, Office of Ne Secretary of State, Division of Corporations, Elections out Commissions 73 Harlow Street • Bangor, Maine 04401