HomeMy WebLinkAbout1968-08-01 187-V ORDERB
Introduced by Councilor Houston, Rug. 1, 1966
�
'p: CITY OF BANGOR
QITLE.) (DrbTrr_,AuthoI zing_City Manager ,for and on behalf of the
City of Bangor to execute a sed Cooperation Agreement for the
............ .._..... .......evv _ _. _...
%enduskeag Stream Project
By City Ceuaadt ofths City of Beams:
ORDERED,
THATthe City Manager for and on behalf of the City of
Bangor execute a revised Cooperation Agreement entered into by and
between the Bangor Urban Renewal Authority and the City of Bangor,
said Agreement being filed herewith in the office of the City Clerk
of the City of Bangor.
IN CITY COUNCIL
August 1, 1968 (Special Hearing)
The ordieanee requiring the filing of
an order was uspended by the following
yes and novote: Councilors voting yes
Ealdacci, Hellos, azavn, Houston, Hunt,
Minsky. CwMllors alusent: Harry,
ectay, Porter'. This Order Was than
received and PASSED -
C --)N =
ASSED.
UNITY CLERK
187-v
ORDER
Title,
Avthi City plleejager to ,FX.�eoete Revised
Cooperation Agreement for tsnduekeag
stream MOject
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Introduced and ftled by
Cowcilman
AMeROSO COOPERATION ALREEMM SHEEN
BA=R URBAN RENEWAL AUTHORITY
AND CITY OF RANCOR
THIS AGREEMENT entered into this _ day of _. 1968,
by and between the BANWR URBAN RENEWAL AUTHORITY (hereinafter celled
the "Authority"), a public body, politic and corporate, duly organised
and existing under the provisions of Me Urban Renewal Authority Law of
Maine as set forth in the Private and Special Laws of 1957, Chapter 168,
(hereinafter called the "Authority Lew") and having its usual place of
business in the City of Bangor, County of Penobscot, State of Wine, and
the CITY OF SANTlOR, a White body, Politic and corporate, (hereinafter
called the "City"), witnesseth that
WHEREAS, on May 20, 1964s the Authority approved and adopted a plan
(hereinafter called the "Renewal Plan") for the assembly, clearance, re-
development and renewal, under the Authority Law of a blighted area in
the City (hereinafter called the "Renewal Project"), said area being
more particularly described in said plan, and which plan is hereby in-
corporated herein by reference as though fully set forth{ said area is
known as the Kenduskeag Stream Urban Renewal Area, and is bounded as
described in the attached boundary description) and
WHEREAS, on dune 22, 1964, 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 there-
withl and
WHEREAS, on the Authority approved and adopted a revised
plan dated February 6, 1968, and the City Council of the City of Bangor
approved said revised plan on i and
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aiia AS, the Authority will need contributions or grants of money,
properties or services from no City and the United States Goverment
(hereinafter called the "Government") in order to carry out and complete
said Renewal Flan{ and
wHESEAS, the City is authorized by Ne Authority Law to make such
contributions or grants to the Authority, and the Goverment 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
MERfAS, 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 or grants from the Government shall to-
quite similar local contributions or grants equal to at least one-fourth
of the aggregate net project cost as defined thereini and
IWEHEAS, 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"), shall mean, "assistance by a State, municipality,
or other public body, or (in the case of cash grants or donations of land
or other real property) any other entity, in connection with any project
on which a contract for capital grant has been made under this title, in
the form of (1) cash grants to defray expenditures within the purview of
Section 110(x) (1) hereof{ (2) donations, at cash value, of land or other
real property (exclusive of land in streets, alleys, and other public
rights-of-way which may be vacated in connection with the project) in
the urban renewal areas and demolition, removal, or other work or improve-
ments in the urban renewal area, at the coat thereof, of the types described
in clause (2) end clause (3) of the second sentence of Section 130(c)I and
(3) the provision, at their cost, of public buildings or other public
facilities (other than Publicly owned housing avd revenue producing public
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utilities the capital cost of which is wholly financed with local bonds
p-,
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or obligations payable solely out of revenues derived from service charges)
which are necessary for carrying out In the area the urban renewal objectives
Of this title in accordance with the urban renewal plan, Provided, That
in any case where, in the determination of the Administrator, any park,
playground, public building, or other public facility is of direct benefit
both to the urban renewal area and to other areas, and the approximate degree
of the benefit to such other areas is estimated by the Administrator at 20
Par centum or more of the total benefits, the Administrator shall Provide
that, for the purpose of computing the amount of :he local grants-in-aid
for the project, there shall be included only such portion of the cost of
such facility as the Administrator estimates to be proportionate to the
approximate degree of the benefit of such facility to the urban renewal
area, And provided further, That for the purpose of computing the amount
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of local grants-in-aid under this section 110(4) with respect to a" project
covered by a Federal aid contract under this title, the estimated cost (as
determined by the Administrator) of parks, playgrounds, public buildings,
or other public facilities may be deemed to be the actual cost thereof it
(i) the construction or provision thereof Is not template! at the time of
final disposition of land in the project to be accuired and disposed of
under the urban renewal plan, and (ii) the Administrator has received
assurances satisfactory to him, that such park, public building, or other
Public facility will be constructed or completed when needed and within a
time prescribed by him' And provided further, That in any case where a
public facility furnished as a local grant-in-aid is financed in whole or
in part by special assessments against real property in the project area
acauired by the local Public agency as part of the project, an amount
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equal to the total special assessments again such real property (or, in
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the case of a computation pursuant to the proviso immediately preceding,
the estimate amount of such total special assessments) shall be deducted
from the cost of such facility for the purpose of computing the amount of
the local grant-in-aid for the project. With respect to any 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 4iereof, the
Portion of the cost defrayed or estimated by the Administrator to be defrayed
with such subsidy or grant shall not be eligible for inclusion as a local
grant-in-aid.
Notwithstanding any other provision of this subsection, no donation
or provision of a public improvement or public facility of a type falling
within the purview of this subsection shall be deemed to be ineligible as
a local grant-in-aid for any Project solely on the basis that the construc-
tion of such improvement of facility was commenced without notification to
the Administrator or prior to Federal recognition of such project, if such
construction was coemenced not more thanthree years prior to no authoriza-
tion by the Administrator of a contract for loan or capital grant for the
project; and
WHEREAS the City and the Authority are fully aware of the conditions
imposed by the President's Executive Order on Equal Opportunities in Housing
and the related policies of the Government prohibiting discrimination because
of race, color, creed or national origin, each public facility provided
herein as a non-cash grant-in-aid will he open without regard to race,
color, creed, or national origin to all occupants of the project area after
renewal and, where the facility is provided on project land, to all others.
NAW, THEREFORE, 1T IS HEREBY AGREED BY AND BEIWEEN THE PARTIES HERETO
AS FOLLOWS,
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1. Immediately upon receipt of funds pursuant to a loan and grant
contract between the Authority and the Goverment under the Housing Act
(an application for said contract having been heretofore 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
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accordance with provisions of aforesaid loan and grant contract.
3. The City will make a total contribution to the Authority of an
amount (whether in cash, properties, facilities or services) equal to at
least one-fourth of said aggregate amt project cost of the RedeveloMent
Project as finally determined In accordance with the Housing Act and
approved by the Department of Housing and Urban Development 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 obli-
gation the City and Authority agree to the actions described in paragraphs
at 5s 6, 7, and 6 below.
a. Conveyances of Lend and Air Rights
a. The City shall discontinue and abandon such public streets, roads
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and alleys within the Renewal Project as are specified in the Renewal
Plan to be discontinued and Abandoned, and shall convey to the
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Authority such interest as the City may have in those disconti head and
abandoned public streets, roads and alleys which are so specified in the
Renewal Plan.
b. The Authority will give a deed or deed of easement to the City for all
land or rights-of-way necessary for the location, relocation, reconstruction
or widening of any street or public utility within the Renewal Project.
c. The Authority will convey to the City and the City will purchase from the
Authority the disposition parcels designated in the Renewal Plan as P -t, P-2,
P-39 P-4, P-51 P-6, and P -T for use as off-street public parking facilities,
at a price determined by the Authority in accordance with the Authority Law,
and approved by the Government and the City{ present estimate of price $258,450.
d. The Authority will dedicate to the City, and the City will accept such
dedication of the disposition parcels designated in the Renewal Plan as P & 0-1,
P& 0-2, P& 0-3, P& 0-4, P& 0.5, P& 0-6, P& 0-7, P& 0-89 P& 0-9 and
® P & 0-10 for use as Public parks and open spaces with appropriate public
facilibs.
e. The City shall grant a permit to the Authority to construct the pedestrian
walkway over Ne Kenduskeag Stream and Kenduskeag Parking Plaza. The City shall
convey Parcels A-1, A-2, A-3, A-4, A-5, A-6 and A -T to ouallfied redevelopers
for use as air rights construction in accordance with the restrictions and
controls as sat forth in the Plan. The consideration of these conveyances shall
be for the sum of $1.00 for each parcel.
I. The City shall convey its interests to the. Authority in the Portions of
land shown on the Property limp (Flap 4, Exhibit D) of the Plan and identified
as Parcels 4-1 and 3-3. The consideration of such Conveyance will be in the
amount of $1.00.
g. The City will acquire and develop any sliver or other parcel not otherwise
0 disposed of at the time of project closeout.
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5. Site Improvements
a. The City will contribute to the proposed improvement of Columbia
Street as proposed in the Renewal Plan to the extent of the difference
between total estimated Cost (presently estimated to be 81,600) and the
amount approved by Department of Housing and Urban Development as an
eligible site improvement (presently estimated to be $800). Said
difference is presently estimated to be $800.
b. The City will contribute to the proposed improvement of HammoM and
State Streets as proposed in the Renewal Plan to the extent of the
difference between total estimated cost (presently estimated to be
$15,600) and the amount approved by Department of Housing and Urban
Development as an eligible site improvement (presently estimated to be
® S7,800). Said difference 1s presently estimated to be VAX.
c. The City will contribute to the proposed improvement of Exchange
Street as proposed in the Renewal Pian to the extent of the difference
between total estimated cost (presently estimated to be $93,455) and
the amount approved by Department of Housing and Urban Development as
an eligible site improvement (presently estimated to be 884,165).
Said difference is presently estimated to be $9.290.
d. The City will contribute to the proposed improvement of Main
Street as proposed in the Renewal Plan to the extent of the difference
between total estimated cost (presently estimated to be $75.170) and
the amount approved by Department of Housing and Urban Development as
an eligible site improvement (presently estimated to be $50,940). Said
difference 1s presently estimated to be $249230,
0 e. The City will contribute to the proposed improvement of Oak Street
as proposed in the Renewal Plan to the extent of the difference between
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V total estimated cost (presently estimated to be $13.600) and the amount
approved by Department of Housing and Urban Development as an eligible
site improvement (presently estimated to be $11,000). Said difference
is presently estimated to be $2,800.
f. The City will contribute to the proposed improvement of York Street
as proposed in the Renewal Plan to the extent of the difference between
total estimated cost (presently estimated to be $38.7]0) and the amount
approved by the Department of Housing and Urban Development as an
eligible site improvement (presently estimated to he $19,385.
g. The City will contribute to the cost of development and improvement
of the ten parks and open space Parcels as proposed in the Renewal Plan,
to the extent of the difference between total estimated cost (presently
estimated to be $66,510) and the amount approved by the Department of
® Housing and Urban Development as an eligible site improvement (presently
estimated to be $64,510). Said difference is presently estimated to be
$2,000.
6. Supporting Facilities
a. The City will construct additions to existing off-street parking
facilities on disposition parcels P-1, P-2, P-3, P-49 P-5, P-6 and
P-7 as proposed in the plan Pursuant to its purchase of said parcels
under Paragraph 4.c. above. It is presently proposed that said
construction will begin within six (6) months after conveyance by the
Authority to the City of all said parcels, and will be completed
within twelve (12) months after start of construction. The City is to
receive credit for Lhasa improvements, including the cost of purchase.
® of said parcels, based upon their utility to the Renewal Project as
determined by the Govermeenti present estimate of credit $569,540.
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I. The City will receive credit for the construction, including all
engineering and other related costs, of the Kenduskeaq Parking Plaza,
a public off-street parking facility, construction of which was
commenced not more than three (3) years prior to the authorization
by the Government of a loan and grant contract for the Renewal Project,
based upon its utility to the Renewal Project as determined by the
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Government; present estimate of credit 51,507,342.00.
c. The City will receive credit for the construction of improvements
at the Penobscot Bridge and Washington Street, construction of which
was commenced not more than three years prior to the authorization of
a loan and grant contract for the Renewal Project, based upon its
utility to the Renewal Project as determined by the Goverreaent; present
estimate of credit 59,465.
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d. The City will provide or contract for the engineering services
required for the improvements In paragraph 6.a. above, and will receive
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credit for this cost based upon their utility to Ne Renewal Project as
determined by the Government.
e. The City will receive credit for adjustments to the Water Distribution
System as proposed in the plan based upon their utility to the Renewal
Project as determined by the Govenunent; present estimate of credit
84],000.
I. The City will receive credit for renovations on the relocated City
Nall in the amount of 2,96 of the cost of renovations, less any contribu-
tion made. by the Federal Government; present estimate of credit is $142,974.
9i The City will receive credit for a eater fountain to be constructed on
Parks 9 Open Space No. 7, Broad Street; present estimate of credit is
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820,000.
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Jg. It is understood and agreed that the City's financial obligation
hereunder is to make a total contribution or grant equal to at least one-
fourth of the aggregate net project cost as finally determined by the
Government and the Authority, In accordance with the Housing Act. Said
one-fourth contribution is presently estimated at $2,520,500. On or
before the completion of the Renewal Project by the Authority and the
determination of the actual aggregate net cost thereof, the City will make
one or more cash contributions to the Authority in aggregate amounts,
which together with non-cash contributions hereunder, will total an
amount at least equal to one-fourth of the estimated or actual net project
costs 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
Qto the City, to the end that the total of cash and non-cash contributions
hereunder shall equal at least ane -fourth of said aggregate net project
cost. It is presently estimated that all the cash grants of the City
will be in the amount of 8224,259.
G
S. The Authority agrees to make payments in lieu of taxes to Ne
City as authorized by R. S. of Alain 1954, c, 90-8, Sec. 12, as amended,
in an amount equal to the taxes for one year on reel estate to be acquired
by said Authority; present estimate being S140,000.
IN WITNESS WHEREOF the City and the Authority have respectively
"used this Agreement to be duly executed in duplicate as of Ne day and
year first above written;
ATTf5T4 CITY OF 2AMECR
ATTEST,
BY,
Merle F. Goff, City Mgr,
BANGAG WEAN RENE{YAL AMTHIRITY
Edward H. Keith, Chairman