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HomeMy WebLinkAbout1998-09-14 98-368 ORDERCOUNCIL ACTION Date: Seo ember 14, 1996 Item NO. 98-36s Item/subject: Authorizing Ameemotwlth Acadia Hospital Coryoradon- Wetlands Mitigation Responsible Department: Community R Economic Development Commentary: The development of Acadia Hospital on Stillwater Avenue impacted approximately 1.5 acres of wetland. Future potential expansion of the facility may impact up to another 0.23of wetlands. Mitigation of wetlands impacted requires preservation of eight acres of wetlands for each acre of wetlands impacted. The fisting and contemplated future expansion of the Acadia facility will require that up to approximately 13.84 acres of endangered wetlands in the same watershed be preserved and protected from future development. The City may agree to preserve a portion of its property in the Penjajawoc Stream watershed to mitigate the impact of the proposed Acadia Hospital project. This agreement would dedicate for preservation up to 13.84 acres of City property in the Penjajaw¢c Stream watershed to mitigate the impact of the Acadia Hospital project. As compensation, Acadia Hospital Corporation has agreed to lease four acres to the Bangor East Little League for $10 a year for 15 years to provide for expansion of the Little League facilities, and pay the City $590 per acre for each acre of City property used for mitigation. // l Manager's Comments; C+ 817 0. 6101 ft"t /J U- Q•Oa'✓Ui' City Manager AssociatedLnformatiov ��ytr,.,..._ .- Budget Approval: S'"�`'''�^'�Y Finance Director Legal Approval: 1 �Cit��/,_� y 3olic£ror Introduced For ❑ Passage ❑ First Reading ❑ Referral P eyof�_ 98-368 Assigned to Councilor Baldacci Seprember 14, 1998 CITY OF BANGOR (TITLE) @rbgr Authorizing Agreemeta with Acadia Hospital Corp. Wetlands Mitigation By rho city (•loam.{{ of fAe Cq' ofDIMPOe: ORDERED, THAT WHEREAS, the City of Bangor is the owner of lard treated in the Penjajawac Stream watershed; and WHEREAS, a portion of said land is wetiaids; and WHEREAS, Acadia Hospital Corp. is comemplating future expansion of its facility known as Acadia Hospital on Stillwater Avenue, Burger, Maim; and WHEREAS, said expansion rosy require wetlands mitigation by Acadia Hospital Corp.; and WHEREAS, Acadia Hospital Corp. wishes to be able to purchase wetlands in the Penja suvoc Stream Watershed should such wetlands be required fm mitigation purposes; NOW, THEREFORE, BY THE CITY COUNCM OF THE CITY OF BANGOR, HE IT ORDERED, THAT the City Manager is hereby authorized to execute an agreement between d¢ City of Bangor and Acadia Hospital Corp. in a form substantially as attached Moore, and as approved as to form by the City Solicitor or Amismnt City Solicitor. IN CITY COUNCIL September 14. 1998 Motion for Passage made and Seconded Councilor Crowley abstained from discussion d vote Passed �Rf?3.1L�1l�TUI 98-368 ORDER Title, Authorizing Agreement with Acadia Hospital Corp. - Wetlands Mitigation ......... I............................ ...................................... -?Zre 64 a AmOgned to Dnnnni>man 98-368 ORDER Title, Authorizing Agreement with Acadia Hospital Corp. - Wetlands Mitigation ......... I............................ ...................................... -?Zre 64 a AmOgned to Dnnnni>man 96-368 AGREEMENT Agreementmede this day of , 1998 between CITY OF BANGOR -a body corporate, of 73 Harlow Street, Bangor, Penobscot County, Maine (hereinafter "the City')mal Acadia Hospital Corporation., a corporation duly organized and existing under the laws of the Stele ofMairw, having a principal place in Bangor, Penobscot County, Maine (hereinafter "ACADIA 1. W11NESSTH WHEREAS, the City of Baagor is the owner of a certain lots or parcels of land IocaGd in the Penjajawoc Stream watershed, Bangor, Maine, said lots or parcels of land being wetlands and WHEREAS, ACADIA is contemplating future expansion of its facility known as Acadia Hospital on Stillwater Avenue, Bangor, Maine; and WHEREAS, said expansion may require wetland mitigation; NOW THEREFORE, forconsideradon paid by ACADIA to theCityandin consideration of the covenants and agreements hereinafter set forth, the patties berem, f themselves end their successors and assigns, agree as follows: 1. The City does hereby agree to place aportion oft he lots or parcels of lend in the Penjajawoc Stream watershed, not to exceed 13.84 acres, under declaration of covenants and restrictions in the event that ACADIA expands the Acadia Hospital facility and is raryired to do wetlands mitigation as a condition of said expmesion.. 2. ACADIA agrees to take all steps necessary to minimize its rued for wetland mitlgatiom including but not limited to, seeking an order do it does not now have to mitigate wetlands disturbed by previous development 3.ACADIA shaft give written notice ofits intent to expand its facility to the City by July 30,2000. Such onto shall be effective if delivered m the City's City Manager's office at the City's address stated above. 4. ACADIA shall start said expansion an later than July 30, 2001 and complete it no later [ban July 30, 2005. S.ACADIA shallpaymdu Citythesomof$590.00peracreforeveryacre,or Portion thereof, used for wetland mitigation. Said payment shall be due and payable on the date dal the City executes dv declaration of covenants and restrictions. 6. ACADIA shall provide the City with a metes and bounds description, subject m the approval of the City, of the wetlands to be used£ mitipgtiaa. CITY OF BANGOR Witness Edward A. Barrett City Manages ACADIA HOSPITAI. CORPORATION President n�cehvurvc W real eSRlAud'udoc 98-368