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Home My WebLink About1989-10-23 89-416 ORDERWUMI ammn 2a DM O } 1989 Item No. 89-416 Item/Subjs": Authorizing Execution of Option Agreement with Bangor Waterworks Associates Pesponsibla Depanmenn Community s Economic Development Commentary: - The pnODOsed Option Agreement has been reviewed by the .Community and Economics Development Committee which voted to place it on the October 23rd City Council Agenda for further consideration. Dar moem Heed /Maan�narr's Commems:-7kw p 1 n n /`uca`va:cua.me..S�d/ 3�.,u<4,�, may .�-��H cnr.w..pe. Aaxiaud mfnrmsttom� Budget approval. 74me Dmenur LaWI Approval:$ c;<r sa;rbm Ino- used For p euaW WFint Reading' - Par _o}_ ❑Relerml 89-616 Aeeignedto Counctlor Saenavd, October 23, 1989 CITY OF BANGOR` , (RjLU yysypya ... Authorizing.. Execution of Option Agreemenk with....... Bangor Waterworks Associates BY am cup Ceased Of L6 aro Of Daemon ORDERED, THAT the City Manager is hereby authorized and directed, on behalf of the City of Bangor, to execute an Option Agreement, a copy of which is on file in the Office of the City Clerk, with Bangor Waterworks Associates for the purchase and redevelopment of the former Bangor Waterworks Facilities. 89-416 ORDER IN CITY COUNCIL October 23. 1989 Council voted 6 yes and 2 n Title, a a for no conflict for Councilor Authorizing Execution of Option Agreement Sawyer. Tabled until principal and ...................................... attorney return with a recommendation. Taken from the table after 89-241 with Bangor Waterworks Associates. and amended as follows: .................... In the firstcine delete /�` the following "and directed, onsL�wtWA<a (� also delete in the third line A®iAmd to the following "copy of which is an file in the office Of the City Clerk". Add the following: In a form approved..... .••.... by the City Solicitor. Councilman Amendment to Attachment A Al Paragraph 1, 5th line add the following: After the ward specified toward the cost of the environmental assessment e ent and removal of music Ownental hazards described in paragraph three below the improvement to public areas etc. as currently provided In the agreement. Amendment B2 Paragraph 3, delete the 2nd sentence and add the following: In the event the assessment plus c of removal are determined to exceed 425,000.00 the City shall have r e theoption in its own right to terminate this agreement without further obligation to the developer except the return of fees in accordance with section "A paragraph four of this Agreement. ' Passed as Amended by the following yes and no votes. Councilors voting yes: Blanchette. England, Sawyer. Saxl. Shubert, Sosnaud, St/on�/fnd Sullivan. Councilor voting no: Tilley.. C'oo TiLblCLERK 89-416 Moped to Councilor Sounaud, October 23, 1989 _ CITY OF BANGOR (TITLEJ Mrbgr ..........Authorizing. Execution of Option Agreement with _. Bangox Wa terworka Associates By the City Coumwt ottke City of8mmpar: ORDERED, THAT the city Manager is hereby authorized Ta�i#FEECt26;=ae behalf of the City of Bangor, to execute an Option Agreement, zr mpy_o£+..pith_ic-ou-FJla-iarxho-A£fica-e£_.Gw_Caty_C}cck, with Bangor Waterworks Associates for the purchase and redevelopment of the former Bangor Waterworks Facilities. In aForm approved by the City solicitor 89-416 Aaitned to Gnncilor Soanaud, October 33, 1909 CITY OF BANGOR (TITLE.) 00ECo ......Authorizing.. axecutiaa of. option Agr@"ent w>py -Bangor Waterworks Associates By use City Loundl oftte 9tg o/Bangor: ORDERED, THAT the City Manager is hereby authorized n�ai4aeccx9g=art behalf of the City of°Bangor, to execute an Option Agreement, r zany_r Waterworks Associates for the and redevelopment with Bangor waterworks Associates for the purchase and redevelopment of the former Bangor waterworks Facilities. in a Form approved by the City solicitor C.O ii416 Awndments to AttaCMoent A dl Attachment "A^,Paragrapb 1 , 5th line Add The following After the word specified toward the cast of the environmental aament and revoval of enviromental hazards described in paragraph three below the improvement to public areas. etc. as correctly providai in .the agreement .Y2 Paragraph a3 Delete 2nd sentence Add the following sentence In the event the assessment plus coats of removal are determined to exceed $25,000.00 the city shall have the option in its own right to terminate this agreement without farther obligation to the developer except the return of fees in accordance with section "A" paragraph four of this agreement N5-aic "ATTACHMENT A" Qa..r-✓'a ai-rt Additional terms have been negotiated between the pasties as S:65?" fellowat c Nfy1. Amolication of Purchase Price Lh� In Consideration of DEVELOPER'S purchase and redevelop- ment of the Bangor Waterworks Facilities, in accordance with the basic Option Agreement and the DEVELOPER'S proposal, the CITY expressly agrees that it will apply the $300,000.00 purchase price .specified in the Agreement toward the coste.6f improvements to Public areae on or adjacent to'the 9ang0r Waterworks Facilities site to ha retained by the City, to include a public park area, the upper gatebouse, construction of two bridges in the forebay, area, and construction of an island connection between the two bridges, all of which areae are shown on plans submitted with DEVELOPER'S proposal for development attached as "Bxhibit A", and previously referenced. The application of the purchase price toward the costs of the described public improvements shall take place no later than one (1) year following the CITY'S issuance of a Certificate of Completion as specified in Section C.12. In its sole discretion, the CITY may elect to apply said funds to the described public improvements concurrently with DEVELOPER'S project construction. It is further agreed that the CITY in its sole discretion may require the DEVELOPER to undertake the construction of the improvements which are agreed upon between the parties provided the coats,do not exceed the agreed upon purchase price of $3o0,00D. The CITY may in its discretion elect to require the DEVELOPER to complete construction of public improvements in excess of $100,000 purchase price. In that event, all caste in excess of $100,000 shall be refunded by the CITY to the DEVELOPER within ninety days following completion of the improvements. From such sums, the CITY may withheld a total of not more than two percent (29) for a period Of not =to than one year, as surety for satisfactory completion of the improvements. 2. DRVELOPER to S __qUPR1X_J)esignS jces In addition to the plan requirements specified in Section B.2. Of the Option Agreement, the DEVELOPER expressly agrees that it will employ its architect, Webater-Baldwin-Rohman-Da Csarniecki, P.A., to perform all necessary design work and to prepare specifications and bid documents for the proposed improvements to facilities to be retained by the CITY, as stated in paragraph 1. of this attachment. All such design work, speciti- cations and bid work will be prepared by the DEVELOPER at no cost to the CITY. 3. CITY to Obtain Site ABBesement and to provide Access The CITY will have an environmental assessment of the facilities performed by qualified professionals and shall remove or cause to be removed at CITY expense all debris, asbestos, under- ground tanks, etc. before transfer of the property to the DEVELOPER. The -SPRY -further. agrees to and marketable access to the-subject-premfeae-and-to _undertake -and complete all negotiations with the railroad entity which.. are required in order that proper, adequate and marketable creasing Of -the railroad right -o£ -way is obtainedto-the site of the subject,PmMiseS. The environmental assessment to be performed by the CITY shall be undertaken as seen an pos elble and shall be completed on or before January 31, 1990. 9. CITY to Remove Power Line The CITY will remove or cause to be removed at CITY expense the unused overhead power line owned by the CITY and located on the premises. 5. DEVELOPER to Famish Information DEVELOPER will furnish to the CITY information concerning all permits required for the proposed development, the reasons the Permits are required, and the expected time of application and time required for approval. This information will be submitted concurrently with submission of the preliminary plans required in Section B.2, of the Option Agreement. 6. Delays Due to Permitting PmCess The CITY further agrees that in the event that the permitting process causes delay in any of the time frames required to be met by the DEVELOPER under this Option Agreement, the CITY will grant such additional option time as are required to complete the permitting process provided the DEVELOPER has been diligent in meeting its commitment in this process. The DEVELOPER further agrees to fully comply with the provisions of Section A2 regarding costa for any such extension of time. 7. DEVELOPER to Assure Public Access and t0 Maintain Iamrovemente Following the CITY'S issuance of a Certificate of Completion and any necessary occupancy, permits, and following completion of all improvements to public areae specified in paragraph 1 of this Attachment or designated on the DEVELOPER'S final site plan or otherwise agreed to by the parties, the DEVELOPER shall provide and maintain convenient public pedestrian access to all such public areas, to include a right of pedestrian passage during all daylight hours through the Waterworks Facility as designated on the DEVELOPER'S final site plan. In addition, the CITY may contract with the DEVELOPER for all regular and necessary maintenance and operation Of the public park, upper gatehouse, bridges and island connection to bO constructed in accordance with the paragraph 12 of this Attachment or otherwise 3 agreed to by the parties. Such maintenance and operative :hall be sufficient to keep all improvement: in good repair and in a eats, extractive and usable condition. The coat of ell such maintenance and operation provided by the DEVELOPBR shall be reimbursed to the DEVELOPER by the CITY, the amount of G reimbursement not to exceed the DEVELOPER'S actual cost. IN WITNESS NREREOP, the partle: hereto have set their hands the day and Year first written above. CITY OF BANGOR By witnessBCwerd A. Barrett Its City manager BANGOR WATERWORKS ASSOCIATES witness By Robert E. ealdacci,-Js. STATE OF MAINE Penobscot, as. 1989 Then personally appeared the above-named Edward A. Barrett, in his capacity as the City manager of the City of Bangor, and acknowledged the foregoing instrument to be his free act and dead in such capacity and the free act and deed of the City of Bangor. Before me, Httorney at Law