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HomeMy WebLinkAbout1962-01-22 64-P ORDERIntroduced by Councilor Gross, Jan. 22, 3962 CITY OF BANGOR (TITLE.) Efrbgrl _nuthorjejn&..C7ty Manager_. for and on _..h ehalf_of--- hs....C1tg...n£_Bangor to, .ems Cate ..0 onperation..AgresmeaL... BY the aty Coronoid of the City WBagxr.- ORDERED, THAT the City hffinager for and on behalf of the City of Bangor execute the Cooperation Agreement entered into by and between the Bangor Urban Renewal Authority, the City of Bangor, and the Bangor Water District, said Agreement. being filed herewith in the office of the City Clerk of the City of Bangor. ta-P REOEPYffp ORDZR 0 JAN 18 rA�2GG. � Title, ciii 4jfM' VeS tQECooperation Agreement-Urban.Renewal ............................. .Ily nc RpN TOR. yAINF - AutL. B Bangor Water District ..................................... Lradeoed and Piled by IN CRY. COUNCIL """...... " Jan. 22, 19U Cowollven Agreement amended, as amended, PASSED UY; COOPERATION AGREEMENT BETIlEEN BANGOR URBAN RENEWAL AUTHORITY CITY OF BANGOR AND BANGOR WATER DISTRICT THIS AGREEMENT entered into this _day of 19_, by and between the BANGOR URBAN RENEWAL AUTHORITY (hereinafter called the "authority"), a public body, politic and corporate, duly organized and existing under the provisions of the Urban Renewal Authority Law of Maine as set forth in the Private and Special Laws of 1957, Chapter 168, (hereinafter called the "Authority Law") and having its usual place of business in the City of Bangor, County of Penobscot, State of Maine, and the CITY OF BANGOR, a public body, politic and corporate, (hereinafter called the "City") and the BANGOR WLTER DISTRICT, a corporation lawfully created and duly established by virtue of a Special Act contained in the Private and Special Laws of Maine of 1957, witnesseth that: WHEREAS, on December 7, 1961, the Authority approved and adopted a plan (hereinafter called the "Renewal Plan") for the assembly, clearance, redevelopment and renewal, under the Authority Law of blighted and substandard area in the City(hereinafter called the "Renewal Project"), said area being more particularly described in said plan, and which plan is hereby incorporated herein by reference as though fully set forth; said area is known as the Stillwater Park Urban Renewal Project Area, and is generally bounded by the following streets: on the south by Mt. Hope Avenue, on the north by Stillwater Avenue, on the east by the rear lot line, of the properties fronting on the east side of Dartmouth Street, and on the west by the rear lot lines of properties fronting on the west side of Birch Street; and WHEREAS, on , the City Council of the City of Bangor (hereinafter called the "Council") approved the aforesaid Renewal Plan as being feasible and in conformity with the Master Plan of the City and made certain other findings of fact required by law in connection therewith; and WHEREAS, the Authority will need contributions or grants of money, properties or services from the City and the United States Government (hereinafter called the "Government") in order to carry out and complete said Renewal Plan; and WHEREAS, the City is authorized by the Authority Law to make such contributions or grants to the Authority, and the Government is authorized by Title I of the Housing Act of 1949, as amended to date (hereinafter called the "Housing Act") to make similar contributions or grants; and WHEREAS, it is provided in Section 104 of the Housing Act that a contract between the Government and a local agency engaged in a renewal project providing for capital contributions of grants from the Government shall require similar local contributions or grants equal to at least one-fourth of the aggregate net project cost as defined therein; and WHEREAS, it is further provided in Section 110 (d) of the Housing Act that the aforesaid local contributions or grants (therein defined as "Local Grants -in -Aid"), may consist of: "(1) cash grants, (2) donations at cash value of land (exclusive of land in streets, alleys, and other public rights-of-way which may be discontinued in connection with the project) and demolition or removal work, or site improvements in the project area, at their cost, and (3) the provisions, at their cost, of parks, playgrounds, and public buildings or facilities " which are primarily of direct benefit to the project and which are necessary to serve or support the new uses of land in the project area in accordance with the redevelopment plan: Provided, that, in any case where, in the determination of the Administrator, any park, playground, public building, or facility is of direct and substantial benefit both to the project and to other areas, the Administrator shall provide that, for the purpose of computing the amount of the local grants-in-aid for such project, there shall be included an allowance of an appropriate portion (as determined by the Administrator) of the cost of such park, play- ground, public building, or facility. We demolition or removal work, improvement, or facility for which a State, municipality, or other public body has received or has contracted to receive any grant or subsidy from the United States, or any agency or instrumentality thereof, for such work, or the construction of such improvement or facility, shall be eligible for inclusion as a local grant-in-aid in connection with the project or projects assisted under this title"; and NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. Immediately upon receipt of funds pursuant to a loan and grant contract between the Authority and the Government under the Housing Act (an application for said contract having been here- tofore filed with the Government by the Authority) the Authority will undertake said Renewal Project in accordance with said Renewal Plan, and commence and carry out as expeditiously as possible each successive phase of the project as funds are made available. 2. To defray the aggregate net project cost of the project as computed and determined in accordance with the provisions of the Housing Act, the Authority will comply with all necessary conditions statutory or otherwise, to obtain a capital grant donation from the Government under Section 103 (a) of the Housing Act in the maximum amount allowed by law, it being provided that said capital grant donation shall be in an amount not to exceed three-fourths of said aggregate net project cost of the Project, as determined in accordance with the provisions of aforesaid loan and grant contract. 3. The City will make a total contribution to the Authnrity of an amount (whether in cash, properties, or services) equal to at least one-fourth of said aggregate net project cost of the Redevelopment Project as finally determined in accordance with the National Housing Act of 1949 as amended to date and approved by the Housing and Home Finance Administrator of the United States in accordance with the aforesaid loan and grant contract, notwith- standing what the present estimate of that cost may be. To meet this obligation the City agrees to furnish the following: (a) Transfers of Land: When the Authority shall require possession thereof is execution of the Redevelopment Project, the City will abandon and convey to the Authority all of its interest in those parcels of land designated below by reference to the -- Property Maps Block and Parcel Numbers, --and the City shall receive full credit on its obligations hereunder for the appraised fair market value thereof as approved by the Government but presently estimated as indicated below: Black & Parcel Numbers 1-4 1-9 6-4 7-1 7-7 8-6 9-3 9-1 O (c) Estimated Block & Parcel Estimated Value Numbers Value $ 575 9-13 $ 75 2,625 10-2 200 450 10-5 625 3,125 10-16 200 150 12-4 75 150 15-2 250 700 15-21 475 175 17-7 2,250 Supporting Facilities (1) The City of Bangor will construct approximately 800 feet of storm drain in Mt. Hope Avenue from the eastern boundary of the project on Mt. Hope Avenue to the existing drain system. Work is to begin within 8 months after date of this Agreement and to be completed within 30 months thereafter. The City is to receive credit for these improvements based on their utility to the project area as determined by Housing and Home Finance Agency. (Present estimate of credit $11,900.00). (2) The City of Bangor will construct approximately 715 feet of storm drain from the northerly boundary of the project at Stillwater Avenue to a point of connection with the existing 36 inch combined ewer. Work is to begin within 8 months after Hate of this Agreement and to be completed within 30 months thereafter. The City is to receive credit for these improvements based on their utility to the project area as determined by Housing and Home Finance Agency. (Present estimate of credit $10,710.00). (3) Cost of engineering plans and specification and supervision: The City will provide or contract for the necessary engineering services for items (1) and (2) above. The city is to receive credit for this cost based on their utility to the Project Area as determined by Housing and Home Finance Agency. Site Improvements (1) It is understood that the City of Bangor will receive credit presently estimated at $3,850.00 for the construction of the new bituminous side- walk on the project side of Mt. Hope Avenue between Birch and Harvard Streets completed in 1959 and 1960. (2) Tpe City of B�q,Cr .._ll co_ttibute to h,:e aro o: d development of the playground on Howard Street as proposed in the Urban Renewal Plan to the extent of the difference between total estimated cost (presently estimated to be $15,010.00) and the amount approved by Housing and Home Finance Agency as an eligible site improvement. (Presently estimated to be $7,505.00). (3) The City of Bangor will contribute to the proposed construction of storm drains and street improvements in Stillwater Avenue as shown on the attached schedule, to the extent of 50% of the total cost of such construction. (Presently estimated to be $25,168.00). (4) Howard Street Playground: The Authority will dedicate to the City of Ranger, and the City of Bangor will accept such dedication, of a playground containing approximately 9.3 acres lying to the east of Howard Street as shown on the attached proposed Site Plan. (d) Site Improvements by Bangor Water District (1) The Bangor Water District agrees to install water lines in this Project as shown on the attached Map (tj12) to the extent of a total justified capital expenditure presently estimated at $60,143.60 as indicated in a letter from the Bangor Water District addressed to Mr. Walter A. G. Snook, dated November 9, 1961, a copy of which is attached. (e) Cash Grants: The Authority may make demand upon the City for payment on account of its obligations hereunder, and within one month after each such demand the City will pay the Authority each amount so demanded. On or before the completion of the Renewal Project by the Authority and the determin- ation of the actual aggregate net cost thereof i accordance with the provisions of the loan and grant contract referred to in the paragraph 1 hereof, but in no event later than February 1, 1964, the City will make one or more cash contributions to the Authority in aggregate amounts which together with non-cash contributions will be sufficient to bring the City's total contributions hereunder up to an amcunt at least equal to one-fourth of the estimated or actual net project cost; provided however, that if said cash contributions are made on the basis of estimates they shall be increased by an additional contribution from the City to the Authority, or decreased by a refund from the Authority to the City, to the end that the total of cash and non-cash contributions hereunder shall equal at least one-fourth of said aggregate net project cost. (4) It is understood and agreed that the City's financial obligations hereunder is to make a total contribution or grant equal to at least one-fourth of the aggregate net project cost, s to be computed in accordance with the terms of the Housing Act, which one-fourth obligation is presently estimated at $355,184.00. (5) The City shall discontinue and abandon all public streets roads and alleys within the Project Area, as described in the Renewal Plan, and convey to the Authority such interest as the City may have in such discontinued sites, with the exception that any of said rights in and to those streets adjacent to land now owned by the City and not to be condemned by the Authority will not be conveyed to the Authority. (6) The City, acting by its Council, will change or modify local buildings, zoning and sanitary codes and regulations to the extent necessary or desirable to permit carrying out the Project, and to provide for the relocation of families to be displaced from the Project Area in accordance with the Relocation Plan. (?) The Authority will give a deed or deed of easement to the City for all land or right-of-ways necessary for the location, relocation, reconstruction or widening of any public street or sewer within the Project Area. IN WITNESS WHEREOF the City and the Authority and the Bangor Water District have respectively caused this Agreement to be duly executed in triplicate as of the day and year first above written: ATTEST: BANGOR URBAN RENEWAL AUTHORITY BANGOR, MAINE By: Robert N. Haskell, Chairman CITY OF BANGOR, MAINE By: Joseph R. Coupal, Jr. City Manager BANGOR WATER DISTRICT By: SCHEDULE ITEM QUANTITY UNIT STREETS: New Sidewalk 900 LF Esplanade 1,935 SY Excavate to 20" EA. 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