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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 .. ... ..0.0....0 ....................... 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 Page 1 Page 2 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 Page 2 Page 3 utilities the capital cost of which is wholly financed with local bonds p-, V 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 ® 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 ® equal to the total special assessments again such real property (or, in Page 3 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, Page 4 Page 5 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 ® 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 ® and alleys within the Renewal Project as are specified in the Renewal Plan to be discontinued and Abandoned, and shall convey to the Page 5 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. Page 6 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 Page 7 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. Page 8 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 Y 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. ® d. The City will provide or contract for the engineering services required for the improvements In paragraph 6.a. above, and will receive ( 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 ® 820,000. Page 9 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