HomeMy WebLinkAbout1995-05-22 95-240 ORDERDate: 5_22-95
Item No. 95-240
Item/Subject: ORDER, Granting Tentative Developer Status to the Northern
Conservatory of Music for a Portion of the Freese's Building
Responsible Department: City Manager
The City Council has discussed on numerous occasions the proposal of the
Northern Conservatory of Music to develop a portion of the Freese's Building
for the Maine School for the Arte. Now that the City has seemed ownership
of the building, we are in a position to take action on this proposal.
The attached Order would grant the Northern Conservatory Tentative Developer
statue for this project. A draft of the agreement is also attached. Prior
to Monday's meeting we will be reviewing this draft one more time with
representatives of the Conservatory. This review may result in some changes,
clarifications, and/or additions to this Agreement which, if they occur, we
will make available to you as quickly as possible.
The Agreement will be put in final form by the City Solicitor and will be
Guided by the draft which is attached.
Department.Head
City Manager
Associated Information:
Order, Agreement
Budget Approvalt -
Finance Director
Legal Approval:. _ ...
City Soli *ffV
IntrOdated For
S Passage
First Reading Pageof
Referral
95-240
A gnedloCwnctilor Frankel May 22, 1995
CITY OF BANGOR
(TITLE,) otlrbtr,........ ........ Granting Tentative beve,Loper Statue to
the Northern Conservatory of Music for a Portion of the Freeze's
Building -
By W CMP CmmmM of t6 Cam of 3a ..
THAT the Northern Conservatory of Music, doing
business as the Maine School for the Arta, is hereby granted
Tentative Developer Status for a portion of the Frnese's Building
in accordance with the terms and conditions of the attached
agreement. The City Manager is hereby authorized to execute this
agreement in a form acceptable to the City Solicitor and upon
ratification of the final agreement by the City Council.
IN CITY COUNCIL
May 22, 1995
Passed as Anended by
Substitution of Tentative
De pex v�9,t
C LLEHK
95-240
O R ER
Title, Granting Tentative Developer Status to the.
Northern Conservatory of Music for a Portion of the
Freese's Building
.........../....
Amm4med to
.&W'V.........
Councilmen
SUBSTITUTE COPY
95-240
interoffice
M E M O R A N D U M
M: Honorable Couna Chair and Members ofihe City Council
from: Edward A BaneR, City Manager
sugect Revised TernaivelleveloperAgrremern
ma: May 22, 1995
Attached please find a revised draft tentative developer agreement
between the City and the Northern Conservatory. Changes have been
made in paragraphs 6, 8, and 9 and a new paragraph 10 has been added.
These changes are summarized below.
Paragraph 6 authorises the City to be reimbursed by up to $15,000
from the sale to Realty Resources for out of pocket expenses
associated with clearing our title to the building. This recognizes
on-going discussions between Erik Stumpfel and Slovin's local
attorney as to purchase of Slavic's mortgage rights.
Paragraph 8 calls for estimates of costs associated with the
Conservatory's requirements to physically improve the building to be
inserted in the deed restrictions of the title once they have been
developed through the engienering analysis.
Paragraph 9 changes 28 of the taxes whichwould be due to 28 of the
gross receipts of the school. This should increase the amount
avialable for scholarships.
Paragraph 10 calls for the Conservatory to invest an amount equal to
the amount received from the City into physical improvements to the
Freeze's Building within three years of the transfer of the title to
the Conservatory. while the funds provided by the City would support
the Conservatory's fundraising efforts, the Conservatory would be
required to spend or to provide to the City an equal amount from
their capital campaign for physical improvements.
As noted in the agenda item, this is a draft agreement which must be
put into appropriate language by our legal Department. Should the
Council approve it tonight, this language would be drafted and
returned to the Council for its final ratification.
Edward
l A Barrett/ City Ma-
SUBSTITUTE COPY
95-340
1. The City agrees to designate the Northern Conservatory of
Music tentative developer status for approximately 2/3rds of
the Structure. This is the portion of the Freese Building
fronting on Main Street and which is not required for the
Realty Resources project. -
2. Term. Tentative developer status shall be granted for an
approximate six month period ending November 30, 1995. The
term shall automatically be extended for an additional three
months if the sale of the remaining portion of the building
to Realty Resources does not occur on or before August 31,
1995.
3. During this period, the City of Bangor will undertake a good
faith effort to clear the title of the building from any
encumbrances which would restrict its ability to transfer
the building to new ownership. The City will also work to
the extent possible with Realty Resources to support their
proposal to reutilize a portion of the building for housing
purposes. -
4. The City will undertake the necessary short-term steps to
secure and protect the building.
5. During the initial term of this Agreement, the Northern
Conservatory will undertake,
a. A fundraising plan outlining how funds will be raised
for their project including an overall strategy and the
general sources from which funding will. be sought.
b. A business plan for the school which will include a
marketing plan, estimate of student population, tuition
rates, staffing and other costs, and an overall
operating proforma.
C. An identification of key barriers or
Contingencies to
the accomplishment of their project.
This information must be completed and provided to the City
on or before November 1, 1995.
6. Proceeds of Sale to Realty Resources. Should the City
succeed in selling a portion of the building to Realty
Resources, the proceeds of the sale will be held and
separately used for purposes directly relating to the
Freese's Building. Up to 168 of the sale proceeds shall be
used for necessary building repairs. Up to 188 of the
proceeds shall be used for an engineering analysis of the
building. The City shall consult with the Northern
Conservatory in regard to the building repairs to be
undertaken. In addition, the Northern Conservatory shall be
invited to participate in the selection process for the firm
which will undertake the structural analysis and to provide
that firm with information regarding its proposed uses and
plans for the building. In addition, should the City incur
any di rect out-of-pocket exoenses
title s Buildln an aadltional assount not to
exceed S15,000 from the sale pmz;egdg abAll be retained by
the City as a reimbuEgemant for these sameness.
7. Subject to the sale of a portion of the building to Realty
Resources and the completion of the required items outlined
in paragraph 5 above and the engineering analysis of the
building to be performed by the City, and at the expiration
of the term of this agreement and any automatic extension
thereof and in no instance later than February 28, 1996, the
City and the Conservatory will mutually have the option to
proceed with the transfer of the remainder of the Freese
Building to the Conservatory for the purpose of establishing
the Maine School for the Arte. This decision will be made
based upon a review of the structural analysis of the
building, cost estimates, and the fundraising and business
plans developed for the School. I£ a decision is made to
proceed, the City will transfer the remainder of the Freese
Building to the Conservatory along with the remaining
proceeds from the sale to Realty Resources. The
Conservatory agrees to use these proceeds for the sole
purpose of meeting fundraising and building or project
related expensesassociatedwith the Maine School for the
Arts. The Conservatory/Music School for the Arta shall
maintain adequate records of such expenses and make them
available to the City at any time upon request.
B. The transfer of the building to the Northern Conservatory
will be subject to deed restrictions with the following
requirements:
a. The Conservatory shall undertake roof repairs and any
immediately required structural stabilization of the
building with 120 days of the date of transfer to the
extent such repairs have not been performed by the
City.
b. The Conservatory shall correct all violations of the
City's "Bangor Center Revitalization Area Ordinance"
(Chapter Fly, Bangor City Ordinances, including
violations cited in Dock No. 90 -LU -013,) within one
year from the date of transfer; and
c. The Conservatory shall complete exterior renovations
including roof replacement and permanent repairs to the
Water Street wall, substantial rehabilitation of the
first and second floors of the Building in accordance
with all City of Bangor code requirements so as to
permit issuance of a Certificate of Occupancy for such
space for use or
us permitted under current zoning
restrictions, and renovation and or rehabilitation of
electrical, plumbing, and mechanical systems to the
level necessary to support the eventual rehabilitation
of the remaining floor area of the structure.- Such
renovations and rehabilitation shall be completed
within three years of the date of transfer.
Estimates o
das an element of the enninearina
City. Once this analysis is completed, these amounts shall
be used as an
additional criteria
Conservatorv'sthese requirements.
Should the Conservatory fail to conform to these
restrictions, title to the property shall revert to the
City.
9, in addition, the Conservatory/Maine School for the Arta
agrees to enter into an in -lieu of tax agreement with the
City where a minimum of 28 of the arosints of the
School shall be set aside and devoted to scholarships to be
used for deserving City of Bangar residents.
10.
11
If, for any reason, the City is unable to clear title on or
before August 31, or a partial sale of the property to
Realty Resources has not been completed on or before
November 30, 1995, City and Conservatory agree to
renegotiate the term of this agreement as outlined in 2.
above.
9s-uo
TIVF DEW
AGREEMENT
1. The City agrees to designate the Northern Conservatory of
Music tentative developer status for approximately 2/3rds of
the structure. This is the portion of the Freese Building
fronting on Main Street and which is not required for the
Realty Resources project.
2. Term. Tentative developer status shall be granted for an
approximate six month period ending November 30, 1995. The
term shall automatically be extended for an additional three
months if the sale of the remaining portion of the building
to Realty Resources does not occur on or before August 31,
1995.
3. During this period, the City of Bangor will undertake a good
faith effort to clear the title of the building from any
encumbrances which would restrict its ability to transfer
the building to new ownership. The City will also work to
the extent possible with Realty Resources to support their
proposal to reutilize a portion of the building for housing
purposes.
4. The City will undertake the necessary short-term steps to
secure and protect the building.
5. During the initial term of this Agreement, the Northern
Conservatory will undertake:
a. A fundraising plan outlining how funds will be raised
for their project including an overall strategy and the
general sources from which funding will be sought.
b. A business plan for the school which will include a
marketing plan, estimate of student population, tuition
rates, staffing and other costs, and an overall
operating proforma. _
C. An identification of key barriers or contingencies to
the accomplishment of their project.
This information moat be completed and provided to the City
on or before November 1, 1995.
6. Proceeds of Sale to Realty Resources. Should the City
succeed in selling a portion of the building to Realty
Resources, the proceeds of the sale will be held and
separately used for purposes directly relating to the
Freese's Building. Up to 166 of the sale proceeds shall be
used for necessary building repairs. Up to 10% of the
95-240
proceeds shall be used for an engineering analysis of the
building. The City shall consult with the Northern
Conservatory in regard to the building repairs to be
undertaken. In addition, the Northern Conservatory shall be
invited to participate in the selection process for the firm
which will undertake the structural analysis and to provide
that firm with information regarding its proposed uses and
plans for the building.
7. Subject to the sale of a portion of the building to Realty
Resources and the completion of the required items outlined
n paragraph 5 above and the engineering analysis of the
building to be performed by the City, and at the expiration
of the term of this agreement and any automatic extension
thereof and in no instance later than February 28, 1996, the
City and the Conservatory will mutually have the option to
proceed with the transfer of the remainder of the Freese
Building to the Conservatory for the purpose of establishing
the Maine School for the Arts. This decision will be made
based upon a review of the structural analysis of the
building, cost estimates, and the fundraising and business
plans developed for the School. If a decision is made to
proceed, the City will transfer the remainder of the Freese
Building to the Conservatory along with the remaining
proceeds from the sale to Realty Resources. The
Conservatory agrees to use these proceeds for the sole
purpose of meeting fundraising and building or project
related expenses associated with the Maine School for the
Arts. The Conservatory/Music School for the Arts shall
maintain adequate records of such expenses and make them
available to the City at any time upon request.
S. The transfer of the building to the Northern Conservatory
will be subject to dead restrictions with the following
requirements:
a. The Conservatory shall undertake roof repairs and any
Immediately required structural stabilization of the
building with 120 days of the date of transfer to the
extent such repairs have rot been performed by the
City.
b. The Conservatory shall correct all violations of the
City's 'Bangor Center Revitalisation Area Ordinance -
(Chapter }3v, Bangor City Ordinances, including
violations cited in Dock No. 90 -LU -013,) within one
year from the date of transfer; and
C. The Conservatory shall complete exterior renovations
including roof replacement and permanent repairs to the
Water Street wall, substantial rehabilitation of the
95-240
first and second floors of the Building in accordance
with all City of Bangor code requirements so as to
permit issuance of a Certificate of Occupancy for such
space for use or
us permitted under current zoning
restrictions, and renovation and or rehabilitation of
electrical, plumbing, and mechanical systema to the
level necessary to support the eventual rehabilitation
of the remaining floor area of the structure. Such
renovations and rehabilitation shall be completed
within three years of the date of transfer.
Should the Conservatory fail to conform to these
restrictions, title to the property shall revert to the
City.
9. In addition, the Convervatory/Maine School for the Arte
agrees to enter into an in -lieu of tax agreement with the
City where a minimum of 2% of the taxes which would be due
if the property was subject to property taxes shall be set
aside and devoted to scholarships to be used for deserving
City of Bangor residents.
30. If, for any reason, the City is unable to clear title on or
before August 31, 1995, or a partial sale of the property to
Realty Resources has not been completed on or before
November 30, 1995, City and Conservatory agree to
renegotiate the term of this agreement as outlined in 2.
above.