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Home My WebLink About1994-05-09 94-216 ORDERwancn Action Date May 91 1994 Item N04-216 Authorizing City Manager to Enter Into Agreement With HEV, Inc. Item/Subject: in Regard to Extension of Rogan Road Responsible Department: Planning Division Commentary: Tee developer of tea parcel of land opposite the intersection. of Rogan Road and Stillwater Avenue where the Hogan Road Extension is proposed to go on the Cityts Official Map has expressed concerns about the timing and the City's intention to extend Hagen Road throughthis area. The attached Order and Agreement have been drawn W tae re the developer that It will not be dedicating land for a right-of-way unless Hogan Road is actually to be extended and that the Hogan Road Extension will tie back into the highway system to complete tbru-circulation improvements as envisioned in the City!s plena for the area. .. �nwem /Imd Managers Commenter ( Q0.X rA :, FF1f) Xx rXP4.0�u.��e�Nr-_ a Ciry Maxayn Associated Information' I p.pCQ 6�.tYAa: y Q.rQwu Budget Approval: Fiwnee0iarlar Lgegal Approval: -rlis %km WAS rem owmfAkOf pF Apreral by N evF&D edmmiiV4 an cay Sakes; C' s rmvof d4g~f will Ise In�tr9duced For c1frVl4kFi On µgala Niynt 519YYr/t oI❑Ra®FirftR It a$rav b'�°l+d �N�drs wih. BEV, I.ar. ❑First Heading pn 'M Foga —of— El Raderral ferral 94-216 Mciq,N to Co wflor Sullivan May 9, 1994 CITY OF BANGOR (DILE) Anth rlaihI City. Manager to Enter Into Agreement with _.BEV,, j _in.PxbeFd _ts..ExteBelaB...aS...HOEaR RxaA ............ ...... ........... By I" my Coonan of W aly o/Haxpor: ORDERED, THAT WHEREAS, the City of Bangor has plans to extend Hogan Road across property of BEV, Inc.; and WHEREAS, BEV, Inc. has concerns about the timing and location of the Hogan Road Extension; and WHEREAS, the City of Bangor fully intends to follow its long-range plans to extend Hogan Road in this location. NOW THEREFORE BE IT ORDERED THAT the City Manager be authorized to entered into an agreement with BEV, Inc. d/b/a Crossroads in acordance with the attached draft agreement as it shall: finally be approved as to language and contents by the City Solicitor. 5 94-116 ORDER Title, In City Council my 9 1994' Auticrizin; City Manager to Enter Into paseW with West recent Agr9A0 nt� With BeV, Ihe In re�gaM to agreement to extension of HO9an Road C' Clerk .................... 4 .... .... ... o. ... 'Iwa Am�M to ....1X11Ftl Wil. . ......... Counciloen Erik M. Stumpfel, Esq. City Solicitor, City of Bangor 73 Harlow Street Bangor, Maine 04401 RE: Hogan Road Extension/Agreement with BEV, Inc. HAND DELIVERED Dear Erik: Enclosed please find a revised draft of the agreement between BEV, Inc. and the City of Bangor, incorporating the four revisions which you had suggested on Monday, May 2, 1994. Together with representatives of Crossroads, I will be attending the 4:30 meeting of the Community and Economic Development Committee and will look forward to further discussion of the Agreement either before that meeting, if you have the opportunity, or at the meeting. As always, please call if you have any questions. SSinreelynce^y,,-� P. Andrew Hamilton I cc: Thomas S. Valley MAY 0 4 1°94 M1L F1Ee'kxtTMENT 94-216 EATON, PEABODY, BRADFORD & VEAGUE, P.A. ATTORNEYS AT LAW FLEET CENTER — ENCLOSED MIT ME" AO. COX 1210 "I"" 1"MAI ""'A I'M' ORAGROON MAINE 04w2-1210 MICHAEL ICRT" I&I LONG "I'll 1. 'Wool "'IT" MERRILL I REEMPLAD RESIGN IDEA 1.11, 11 TFLUMME 12071047.0111 APPEAL RAMPAGE NET low".111 THIMPAI MITI 111-1111 I'll 11 11 11 AS, I Do 0 "LIMA IRAN MAI .1 I"Ift CERAMIC LOCATIONS, 'FUELS' 1. "IT' IN Of A A 'STEAL' IIIIII ENJUNI CAM CANADA MEANT A LIE AP I at 'log too, .LISP "IT" THAD L ZMIMOWIKI RUSSIA 1 1, "'IT COMMA P NOW 9, 1994 JO US A. CUNNINGHAM I'D,,, HIM,"May MAI .."PAUL CULA" URGE MICHAEL A, CREEP AM MAE 1.11 IT" 11 CARATMI "All" I.Av AI MIAMI PARTS L MILK 11.11, 1.11, Erik M. Stumpfel, Esq. City Solicitor, City of Bangor 73 Harlow Street Bangor, Maine 04401 RE: Hogan Road Extension/Agreement with BEV, Inc. HAND DELIVERED Dear Erik: Enclosed please find a revised draft of the agreement between BEV, Inc. and the City of Bangor, incorporating the four revisions which you had suggested on Monday, May 2, 1994. Together with representatives of Crossroads, I will be attending the 4:30 meeting of the Community and Economic Development Committee and will look forward to further discussion of the Agreement either before that meeting, if you have the opportunity, or at the meeting. As always, please call if you have any questions. SSinreelynce^y,,-� P. Andrew Hamilton I cc: Thomas S. Valley MAY 0 4 1°94 M1L F1Ee'kxtTMENT yy_ ats AGREee�iT Sy so P THIS AGREEMENT made this day of 1994, by and between theCityof Bangor, a municipal corporation with a place of business located at 73 Harlow Street, Bangor, County of Penobscot, State of Maine (hereinafter -BANGOR") and BEV, Inc. doing business as Crossroads, a Maine Corporation with a principal place of business in Bangor, County of Penobscot, State of Baine (hereinafter "CROSSROADS"). wEEREAE, CROSSROADS has received approval from the Bangor Planning Board to construct a 2 building, 78,500 square foot retail and office complex near the intersection of Stillwater Avenue and Hagan Road in Bangor, Maine; WHEREAS, the Bangor Planning Board, as a condition of that approval, required that CROSSROADS deed the "necessary right-of- way to the City for the extension of Hogan Road" across CROSSROADS' property (which legal interest, to be dedicated hereunder, is described in Exhibit A attached hereto and made a part hereof); MMEREAS, this Agreement memorializes the parties' understanding that CROSSROADS will not be dedicating land for a right -p£ -way unless Hogan Road is actually to be extended and that the Hogan Road Extension will tie back into the highway system to complete through circulation improvements as envisioned in the City's plans for the area; wEEREAS, the parties hereto acknowledge that the possibility that CROSSROAD may be required to dedicate certain valuable land to the City of Bangor negatively impacts the market value of that land; and WHEREAS, the parties hereto enter into this Agreement for the purpose of memorializing when, and under what circumstances, CROSSROADS will be required to make the above-mentioned conveyance to BANGOR and when, and under what circumstances, BANGOR will be required to release CROSSROADS from its obligation to dedicate said right-of-way. NOW THHRRFORE, the parties hereto agree as follows: 1. DEDICATION OF LAND Notwithstanding anything t0 the contrary in said Planning Board approvals and the Planning Board Findings of Fact and Order (under the Site Location of Development Act) dated March 15, 1999, BANGOR may require CROSSROADS to dedicate the legal interest which CROSSROADS holds in the above referenced land (as described in Exhibit A) for a right-of-way through its property only after (a) BANGOR formally elects to extend Hogan Road as a "through street" as defined below (pursuant to an Order of its City Council) and (b) the earlier of the following events: (1) BANGOR shall have completed a conceptual engineering location study necessary to locate such extension of said Hogan Road as a "through street" as defined herein and shall have acquired all necessary legal interests to construct such "through street" in its entirety; or (2) BANGOR completely constructs that portion of the "through street" shown on Exhibit A attached hereto. CROSSROADS shall have no obligation to make such dedication and BANGOR shall release CROSSROADS of its obligation to dedicate such land if BANGOR does not (1) acquire all necessary legal interests to construct the 'through street" in its entirety or 2 (2) construct the road on the CROSSROADS property within ten (10) years of the date of this Agreement_ If, at that time, it is determined that modification of the Site Location of Development Act approval issued by the Bangor Planning Hoard is necessary to effectuate the release, BANGOR agrees to petition the Bangor Planning Board to secure said modification. 2. ROAD CONSTRUCTION WITHIN TWENTY YEARS. If BANGOR makes a timely election to extend Hogan Road or constructs that portion of the through street on the CROSSROADS property, so that CROSSROADS is obligated to dedicate the land described in Exhibit A for a right-of-way through its property, then BANGOR shall construct such "through street" extension of Hogan Road within twenty (20) years of the date of execution of this Agreement. For purposes of this agreement, a "through street" shall be an extension of Hogan Road by means of a road passing through the property of CROSSROADS within the area described in Exhibit A hereto and having an outlet: (a) on Gilman Road; (b) on Essex Street; (c)n Stillwater Avenue, provided that the outlet is located: (1) to the north of the CROSSROADS property, no less than 1500 feet from the north side of the current intersection of Stillwater Avenue and Hogan Road, or (2) to the south of the CROSSROADS property, within 1200 feet of the current intersection of Stillwater Avenue and Gilman Road; or (d) on any "major street" (as defined in the current Bangor Land Development Cade), other than Hogan Road; provided that, to the extent that the outlet is on Stillwater Avenue, it is located within the parameters of subsection 2(b) above. 3 3. FAIL E TO CONSTRUCT EXTENSION.If BANGOR requires a dedication under Section 1 hereof, but fails to construct such "through street" extension of Hagan Road within the terms of Section 2 hereof, then CROSSROADS shall be entitled t0 a determination and payment of damages as though a condemnation or taking of CROSSROADS' legal interest in the land described in Exhibit A occurred as of the date of execution of this Agreement. 4. MINIMIZE DISRUPTIONOF BV=ESSIn constructing the "through street" extension of Hogan Road as described in paragraph 2 hereof, BANGOR shall undertake all reasonable efforts to minimize disruption of the operations of any and all businesses that are then located on the property currently owned by CROSSROADS. In so doing, BANGOR shall (1) provide reasonable written notice. to CROSSROADS and all such businesses prior to commencing road construction and (2) shall confine the excavation, road construction, and construction. equipment to the land described in Exhibit A, except to the minimum extent necessary for such equipment to gain access to or egress from such land over adjacent property currently owned by CROSSROADS. - 5. COSTS OF HOGAN ROAD EXTENSION The parties hereto agree that CROSSROADS shall have no obligation, financial or otherwise, to design, construct, maintain, or repair said right-of-way or any road constructed thereon, in whole or in part. 6. CERTIFICATE OF OCCUPANCY Notwithstanding any language Of the approvals of the Bangor Planning Board concerning the 4 CROSSROADS' development, execution of this Agreement shall be deemed sufficient compliance with the condition of such approval(s) requiring a dedication of the land described in Exhibit A to enable issuance by BANGOR of a certificate of occupancy. 9, ENFORCERENT OF PERMIT CONDITION REGARDING DEDICATION In the event any governmental agency other than BANGOR enforces such approval condition, BANGOR agrees that it will (1) receive a deed from CROSSROADS to the land described in Exhibit A, (2) hold such deed in escrow, and (3) will not release such deed from escrow or formally accept Such dedication except and until a formal election to extend Hogan Road is made in accordance with Section 1 hereof. IN NITNESS WHEREOF, BANGOR has Caused the original and one copy of this Agreement to be executed by its City Manager, and CROSSROADS has caused said original and one copy to be executed and sealed by its President, thereunto duly authorized. WITNESS: CITY OF 9 GOR Ey: Its: WITNESS: CROSSROADS Ey: Its: 5 0 alcor+ y.�a Ass��alFS $T www Ave.. f I/ a' / R�GFi�'oF.,vR.y lz? RIF Y ry--v- coN5:5raG of A poRroa o�. LANo CONVCyGG uy /WD RcrcauEca ;N BEV, xac. NoT": DV.MaNS:ONj of (�7w -(D UE CCNVC"'bEb Tc � D61T=:PN'ir.:E.h ST,wwaxR Ave. Re,'IGoa �a ��: / P55oLiAlEi L AXouKt�v (P��f2?9 P2'} 2 F FTi6�T P