HomeMy WebLinkAbout1983-03-30 83-123 ORDER83-1]3
Introduced by Councilor Soadan, March 30, 1983
CITY OF BANGOR
(TITLE.) MrDerp ............ Establishment f Procedures, for Disposition -
d Redevel0_[m: nt f Certe U b n nw
Reeal Parcels
By He Cit Coursed M`W Cit ofBanpor:
THAT WHEREAS, as a pact of its Community Development Program
the City of Bangor purchased certain as yet undeveloped land from the
Bangor Urban Renewal Authority, namely Parcels B-4, B-6, B -8, B-11,
B-13, B-15, and P-6; and
WHEREAS, the City of Bangor has asumed the Disposition,
Design Review and Site Plan Review functions for the redevelopment of
said parcels;
NOW, THEREFORE, BE IT, ORDERED THAT procedures for
disposition and redevelopment of the above parcels be established as
follows:
A. DISPOSAL OF LAND
1. Method of DITPM1 - The City may dispose of Kenduskeag Stream
Urban Renewal IME R-0) Parcels B-4, B-6, B-8, B-11, B-13, B-15,
and P-6 by sale or lease in accordance with any method permitted
by State and local law to a developer selected either by
negotiated sale of land or competitive proposal. However,
prior to the execution of any agreements, the City Council
shall by resolution, council order or similar action:
a. Approve all agreements and conditions; and
b. Approve the price.
2. Design Committee - A Design Review and Site Plan Review Committee
consisting of the members of the City Council Community Develop-
ment Committee, the Chairman of the Planning Board, the City
Manager, the City Engineer, the Director of Planning and
Community Development, and the Planning Officer shall review
and evaluate all redevelopment proposals submitted. The
Design Review and Site Plan Review Committee shall sulamit its
recommendations for the selection of a tentative developer
to the City Council which shall adopt a resolution designating
the tentative developer.
Page 2
3. Option to Purchase - The City shall as soon as practical enter
into an agreement with the tentative developer providing him
with an option to purchase. The City shall also indicate i
the agreement the time limits for submission of final plans
penalties, if any, renewals and extensions.
a. The procedure for specific proposals is as follows:
(1) Council may designate a developer as tentative developer
for such a reasonable period of time as may be necessary
for the preparation and execution of an option agreement.
Council may extend the tentative developer designation
for good cause shown.
(2) The Council may authorize the execution of an exclusive
option agreement before the expiration of the tentative
developer, designation. -
(a) The option fee for each 30 day period will be
1/3 of 1% of a pre -determined estimated purchase
price for the parcel(s).
(b) The option may be executed after expiration of
tentative developer designation, but developer
loses tentative developer status during the
intervening period.
(c) The length of the option will be determined o
a
case-by-case basis, depending largely upon the
magnitude of the proposal. During the option
period the developer shall be required to submit,
in accordance with a specified timetable, pre-
liminary plans (site plan, floor plan, elevations),
final plans and specifications, evidence of
financing, construction schedule and construction
contract.
(d) The option may be extended by the City Council
for good cause
shown, with the requirement of
additional option fees for each additional
month of extension.
(e) The City shall not transfer title to the property
until (1) firm and binding financial commitments
for funding of the cost of actual physical work
n the particular redevelopment project are
secured by the redeveloper, and (2) a binding
construction contract or contracts have been
entered into for the full scope of the construction
project which will go into effect upon transfer
of title to the property to the redeveloper by
the City.
(3) The option shall be exercised and a purchase and sale
agreement executed prior to the expiration of the
option agreement.
Page 3
b. The procedure for speculative proposals is as follows:
(1) (a) Same as set forth in a. (1) above.
(b) Before designation as a tentative developer,
developer must provide the name of the principals
of the developer and/or the development entity.
(2) Option Agreement. Due to the speculative nature of
proposals, a 3-phase option agreement is utilized,
with the developer being required to meet additional
criteria in order to proceed" to the next phase.
(a) First phase (90 days).
(i) The developer shall enter into an option
agreement before expiration of a 30 day
tentative developer designation.
(ii) The option fee for 90 day period shall be
h of 1% of a pre -determined estimated
purchase price for the parcel(s).
(iii)Me developer shall provide, in addition
to the requirements of b. (1) (b) above,
written narrative of his general concept
for redevelopment of the parcelis)-
(b) Second phase (90.days).
(i) The developer shall enter into a more
comprehensive option agreement before the
expiration of the first phase option,
subject to prior submission of a written
narrative or prospectus outlining the
general intent and plans for the proposal,
progress towards same, financing, magnitude
of proposal, and contemplated uses of the
parcel(s).
(ii) The option fee for the so ond. 90 day period
shall be 1% of price usedin determining
the option fee under phase one.
(iii)Before expiration of the second phase option,
the developer shall submit preliminary plans
to the Design Review and Site Plan Review
Committee. Said plans shall include: site
plan, evidence of the necessary government
approvals, construction schedule, Construction
costs, and evidence of sufficient financing.
(c) Third phase (90 days).
Page 4
(i) The developer shall enter into a third
phase option agreement before expiration
of the second phase option.
(ii) The option fee for the third 90 day
period shall be the same as for second
period above.
(iii)The developer shall obtain approval of
preliminary plans within one month from
the date of submission.
(iv) The developer shall submit and obtain
approval of final plans before expiration
of the third phase option.
(v7 The developer shall enter into a purchase
and sale agreement prior to expiration of
the third phase option in order to retain
his priority for the parcel(s).
(vi) The City shall not transfer title to the
property until (1) firm and binding
financial commitments for funding of
the cost of actual physical work on the
particular redevelopment project are
secured by the redeveloper, and (2) a
binding construction contract or contracts
have been entered into for the full scope
of the construction project which will go
into effect upon transfer of title to
the property to the redeveloper by the City.
C. As large scale projects may need more lead time for the
development of preliminary and final plans, execution of
agreements between developers and third parties, and
arrangement of financing for large scale projects (in
exceed of 60,000 sq. ft.), the second and/or third phase
option may be extended for not more than 90 days upon a
showing by the developer that the additional time is
necessary through no fault of his own.
4. Developer's Qualifications - Before executing any final transfer
of land, the City shall determine that the developer possesses
the qualifications and financial resources to acquire and
develop the land i accordance with theAenduskeag Stream Urban
Renewal Plan (ME R-7), as ended. Transfer of land will
contain the qualification that construction or renovation begin
and be completed within dates agreed upon. The City may, if
it deems necessary, require the developer as part of the
agreement to post a performance bond in an amount to be set by
the City. The City may, at its discretion and for good cause,
reject any prospective developer based on an
analysis of
pertinent data relating to his qualificationsand financial
resources.
Page 5
5. Property Rehabilitation - A disposal agreement Covering
property sold subject to rehabilitation shall contain a work
rite -up detailing the work that must be performed by the
buyer to conform to the Renduskeag Stream Urban Renewal Plan
(ME R-7),amended, and applicable codes and ordinances
of the City.
6. Design Objectives - All disposal agreements shall contain
provisions for city review and approval of a developer's
plans. The City shall review and approve all development
plane prior to construction to assure compliance with
Redevelopment Plan objectives.
B. MAINTENANCE OF RECORDS
The City shall maintain records and reports, including copies of
official Council action and Finance Committee action, reuse appraisals,
certifications, disposal agreements and other documentation concerning
its land disposition activities for each parcel of land to be offered
for resale. In addition, a running record in summary form shall be
diintained indicating major actions and items of information on each
sposition parcel. Periodic reports shall be made to the City Council
detailing progress of the disposition program.
C. APPROVAL OF PLAN
No construction'o renovation will be allowed i n Parcels
B-4, B-6, B -B, B-11, Ba13,, B-15 and P-6 without the prior submission
and approval of preliminary plans, final plans and specifications.
Said plans shall be reviewed by the Design Review and Site Plan Review
Committee appointed by the City Council to insure consistency in design
and compatibility with the Eenduskeag Stream Urban Renewal Plan (ME R-7),
as ended. No plans shall be approved unless said plans have been
prepared by a duly registered architect, as defined by Title 32 of the
Maine Revised Statutes Annotated, unless otherwise accepted by the City.
The following submissions shall be required:
1. Preliminary Plan - The intent of the Preliminary Plan shall
be to outline the general scope of development or redevelop-
ment, and to convey to the Design Review and Site Plan Review
Committee sufficient information for them to determine the
character of the work to be performed.
a. Site Plan - The site plan shall be drawn to a scale of
one Ti r�nch equals twenty (20) feet wherever practical.
The plan should include:
(1) Property lines and dimensions
(2) Adjacent features, such as abutting streets,
buildings or properties.
(3) Existing and proposed paved areas, including the
type of pavement and principal dimensions.
Page 6
(4) The on-site parking layout, and traffic flow, if
any.
(5) Planting areas, ncluding general size and variety
of trees and shrubs.
(6) All existing and proposed utilities, both above
and below ground, including service connections
and drainage facilities.
(7) Principal elevations, grades, or contours, both
existing and proposed.
(8) Existing and new building outlines, including
overlaps such as canopies or basement extensions.
b. Floor Plan - The scale of the floor plan shall be left to
the discretion of the architect. This plan shall show
general room layouts and use, ncluding entrances and
exits. Dimensions may be approximate and the overall floor
area for each floor shall be indicated. The elevation of
each floor shall be indicated.
C. Elevations - A suitable cross-section or elevation of the
building shall be provided, either in the form of a
artist's rendering of the building or a cross-section of
the building. Where site grade plays an important part
n the layout of multi -Level structures, the Design Review
and Site Plan Review Committee shall reserve the right
to request cut -away elevations showing the relationship
of floors to surrounding grades. Materials to he used
for exterior treatment shall be indicated.
Final Plans and Specifications - After approval of the pre-
1Tminary plan, the developer shall then proceed with the
preparation of final plane and specifications. Said plana
and specifications shall show sufficient details necessary
to insure proper construction. All dimensions and elevations
shall be accurate and all materials to be used in the structural
or architectural treatment of the facility shall be outlined
in complete detail. If, in the opinion of the Design Review
and Site Plan Review Committee, there is a doubt regarding the
structural adequacy of any facility, the developer shall
provide all required back-up data, including structural
computations, boring 'logs or material guarantees.
This Order supersedes Order number 26 AG passed by the City Council
on November 27, 1978.
In City Comi¢1 MaPch A1983
Passel
83-123
Ci A. ORDER
Title,
Establishment of Procedures for
... I ................. .....
Disposition and Redevelap not of Certain
.......... 6 ................... 4.......
Urban Renewal izuIcels C17
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