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HomeMy WebLinkAbout1964-07-13 140-R ORDER140-R Introduced by Councilor Conti, July 13, 1964 CITY OF BANGOR (TITLE.) Mrbtrr Authorrarug Pity. Manager to execute Cooperation Agreement .Between. eabibOr.uxhan_Banewel_Authorixy Andcity of. Bangox _.. 11_... By the City CousoU of the City of Bangor: ORDERED, THAT Joseph R. Coupal, Jr., City Manager, beiag and is hereby authorized for and on behalf of the City of Bantor to execute the Cooperation Agreement Between Bangor Urban Renewal Authority And City of Bangor attached hereto and made a part of this Order. I40 -R RECEIVED 1964 JUL -3 PM 2: 52 0 R D E R CITY CLERK'S OFFICE Tine, .^.IIv OF HAN00R, MAINE IN CITY MUNCIL July 13, 1964 PASSED by the following yes and no vote: Councilors voting yes: Bailey, Barry, Brountas, Conti, Dinsmore, Hughes, Ranlatt. Councilor voting no. Higgins. Councilor absent: Houston. Cooperation Agreement Between Dbban .................................... Renewal Authority and City of Bangor .................................... Introduced and filed by Gvuncalman f40.R2 COOPERATION AGREo2 T BRSWIDI BANGOR URBAN RENAiAL AUPRMR AND CITY OF BANGOR THIS AGREENfiNT entered into this day of., 1964, by and between the BANGOR URBAN RENLWAL AUTHORITY (hereinafter called the ^Authority^), a public hotly, politic and corporate, duly organized and existing weer the provisions of the Urban Renewg1 Authority Law of Maine as set forth in the Private and Special Laws of 1957, Chapter 168, (hereinafter called the "Authority Naw") and having its usual Piece of business in the City of Bangor, County of Penobscot, State of Maine, and the CITE OF BANGOR, a public body, politic and corporate, (hereinafter called the "City"), witnesseth that: WHEREAS, on May 20. 1964. the Authority approved and adopted a plan (hereinafter called the "Renewal Plan^) for the assembly, clearance, redevelopment and renewal, under the Authority Law of a blighted area in the City (hereinafter called the "Renewal Project -0), said area being more particularly described in said plan, and which plan is hereby Incorporated herein by reference as though fully set both; said area is kroea as the Kenduskeeg Stream Urban Renewal Area, and is hounded as described in the attached boundary description; and WHEREAS, an Jove 22. 1564. 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 Meter Plan of the City And Mede certain other findines a fact required by law in connection therewith; and 14C -R3 WHEREAS, the Authority will need contributions or grants of money, pro- perties or services from the City and the United States Goverment (hereinafter called the "Goveenvmnt") in order to carry out and complete said Roussel Plan; and WHEREAS, the City is authorized by the Authority lase to mace such contributions or grants to the Authority, and the Government is authorized by Title I of the Housing Act of 1949, as amended to data (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 Goverment and a local agency engaged in a renewal project pro- viding for capital contributions or grants from the Government shall require similar local contributions or grants equal to at least one-fourth of the aggregate new 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"), shall mean, "assistusee by a State, municipality, or other public body, or (in the case of "oh grants or donations of land or other real property any other entity, in connection with any project an 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(e) (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 Munich say be vacated in connection with the project) in the urban renewal area, and demolition, removal, or other work or improvements In the urban renewal area, at the coat thereof, of the types described in clause (2) end clause (3) of the access sentence of Section 110(e); and (3) the provision, at their cost, of public buildings or other public facilities (other than publicly owned too -R4 housf and revenue producing public utilities the capital cost of which is wholly financed with local bonds or obligations payable solely out of revenues derived from service chargee) Welch 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 aregs, and the apprtlimate degree of the benefit to such other areae is estimated by the mad.nIstrator at 2 per centum or more of Us total benefits, the Administrator shall provide that, for the purpose of computing the amount of the local grants-in-aid for the project, there shall be fmleded only such portion of the coat of such facility on the Administrator eatfmates to be pro- portioaate to the approaluate degree of the benefit of such facility to the urban renewal area: end provided further, That for the purpose of computing the amount of local grants-Sn-atd under this section 110(d) with respect to any project covered by a Federal aid contract under this title, the estimated coat (as determined by the Adninistrator) of parka, playgrounds, public buildings, or ether public facilities may be deemed to be the actual coat thereof if (f) the construction or provision thereof is not completed at the time of final disposition of land in the project to be acquired and disposed of under the urban renewal plan, and (ii) the Administrator has received assurances satisfactory to his, 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 furbashad as a local grant-in-aid to financed in whole or in part by special asaeaerents against real property in the project area acquired by the local public agency as part of the project, an amount equal to the total 140-H6 I. Immediately upon receipt of Suede pursue n to a loan and grant con- tract between the Authority and the Government under the Housing Act (an application for said contract having been heretofcre filed with the Govern- ment by the Authority) the Authority will undertake said Renewal Project in accordance with said Renewal Plan, and comence and carry out as expeditiously as possible each successive phase of the project as funds are vada available. 2. To defray the aggregate new project coat of the project as computed end determined in accordance with the provisions cf the Housing Act, the Authority will comply with all necessary conditions statutory or otherwise, to obtain a capital grant donation from the Goverrvocrt ender Section 103(a) of the Housing Act in the maximum meant allowed by law, it being Provided that said capital grant equation 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 ccntract. 3. She City will make a total contribution to the Authority of an amount (whether in cash, properties, facilities or services) equal to at lease me - fourth of said aggregate new Project cost of the Redevelopment Project as finally determined in accordance with the Housing Act and approved by the Rousing aril Homo Finance Administrator of the United States in accordance with the aforesaid loan and grant contract, notwithstanding what the present estimate of that cost may be. To meet this obligation the City and Authority agree to the actions described in paragraphs 4. S, b, 7, g and q. below. 4. The Cjty agrees not to require any Person or corporation maintaining or using wires above the ground in the project area, to remove poles supporting such wires and place such wires beneath the ground at their am expense. Such power though cmfwoned upon the City Council by c. VII, Art. 3, Sec. 7 of the ordinance of the City of Bangor is 140-R7 discretionary in nature and in practice has been limited only to hazardous situations where the safety of the public is in fmmnent danger. 5. Conveyances of Land and Air Rights a. The City shall discontinue and abandon such public streets, reads and alleys within the Renewal Project as are specified in the Renewal Flan to be discontinued and abandoned, and shall convey to the Authority such intereat as the City may have in those discontinued and abandoned public streets, roads and alleys which are so specified in the Renewal Flan. b, The Authority will give a deed or deed of easement to the City for all lend or rights of way necessary for the location, relocatuon, reconstruction or widening of any street or public utility within the Renewal Project. c. The Authority will convey to the City snd the City will purchase from the Authority the disposition parcels designated in the Renewal Plan as P-1, P-2, P_3A P_4, P-5 and P-6 for use as off-straet public parking facilities, at a Price determined by the Authority in accor- dance with the Authority law, alri approved by the Government and the City; Present estimate of Price $121,60o.00. d. The Authority will dedicate to the City, and the City will accept such dedication of the disposition parcel designated in the Renewal Plan as P-7 for use as a public park with appropriate Public facilities. e. The City shall donate to the Ranewal Project the air rights to disposition parcels designated in the Renewal Plan as A-2 and A-5 for use as a pedestrian walkway and public park respectively. f. The City shall sell or lease to the redeveloper of the disposition 140 -RB parcel designated in the Renewal Plan as B-6 the air rights to the disposition parcel designated in the Renewal Plan as A-1 for $1 Co. The development of A-1 is subject to the controls of the Renewal Plan and disposition docu, Me for said Parcel shall be approved by the Gover nt and the Authority, a the event or a default by the redeveloper of B-6 and A-1 on cold parcels the property shall revert to the Authority. g. The City shall sell or lease to the reieveloper of the disposition parcel designated in the Renewal Plan as B-3 the air rights to the disposition parcel designated in the Renewal Plan as A-3 for $1.00. We development of A-3 is subject to the controls of the Renewal Plan and disposition documents for said parcel, shall be approved by the Government and the Authority. In the event of a default by the redeveloper of B-3 and A-3 an said parcels the property shall revert to the Authority, h. The City shall sell or lease the ass rights to the disposition Parcel designated in the Renewal Plan as A-4 for $1.00. The develop - went of A-4 is subject to the controls of the Renewal Plan aM ola- position documents for said parcel shall �e approved by the Covers - went arl the Authority. In the event of a default by the redeveloper of A-4 on said parcel the property stall revert to the Authority. 6. Site ImprovevsM.e a. The City will contribute to the proposed ingeovement of Exchange Street as proposed in the Renewal Plan to the extent of the difference between total estimated cost (presently eatinated to be $34,790.00) and the amount approved by Housing and Home Finance Agency as an eligible site improvenent (presently estimated to be $31,311.00), Said difference is presently estimated to be $3,479.00. 140-89 b. The City will contribute to the proposed improvement of HaimmW and State Streets as proposed in the Renewal Plan to the anteat of the difference between total estimated coat (presently estimated to be $5,710.00) and the smouat approved by Housing and Hove Finance Agency as an eligible site improveaant (presently estimated to be $2,855.00). Said difference is presently estimated to be $2,855.00. C. The City will contribute to the proposed improvement of Hancock Street as proposed in the Henswal plan to the extent of the difference between total estimated coat (presently estimated to be $15,98.00) end the amount approved by Housing and Hos Finance Agency as an eligible site improvement (presently estimated t0 be $13,208.00). Said difference is presently estimated to be $2,772.00. d. The City will contribtue to the proposed improvement of Main Street as proposed in the H¢newal Plan to the extant of the difference between total estimated cost (presently estimated to be $10,670.00) sod the amount approved by Housing and Home Finance Agency as an eligible site improvement (presently estinatad to be $6,936.00). Said difference is preaent;y estimated to be $3034.00. e. The City wall contribute be the proposed improvement of Oak Street as PCOPOsed in the Renewal Plan to the extent of the difference between total estimvtsd cast (Presently estimated to be $51,515.00) and the amount approved by Housing anal Hos pinares Agency as an eligible site v provement (presently estimted to be $46,364.00). Said difference is presently estimated to Se $5,151.00. 1. The City will contribute to the Proposed impeovesnt of Columbia Street as proposed in the Henewal Plan to ;he extent of the difference between total estimated cast (presently estizAted to be $1,275.00) and the amount approved by the Housing and Home Finance Agency as an 140-R10 eligible site impmv®ent (presently estimated to be $638.00) Said difference is presently estimated to be $637.00. S. The City Will contribute to the proposed improvement of York Street .as proposed do the Renewal Plan to the extent of the difference between total estinated cost (Presently estimated to be $19,445.00) and the amount approved by the Housing and Home Piranoe Agency as an eligible site improvement (presently estimated to be $12,640.^O). Said difference is preentl_v estimated to be $6,805.00. h. The City will contribute to the met of construction of 12 concrete form parklets on Made Street and ➢mad Street, as proposed in the Renewal Plan, to the extent of the difference between total estimated cost (presently estimated to be $9,000.00) and the amount approved by the Housing and R®e Finance Agency as an eligible site improve- mnt (presently estimated to be $6,750.0C). Said difference is Presently estimated to be $2,250.00. 7. Supporting Facilities C- The City will cerstruct public restroons in the Haymarket - Pickering Square Parking Facility. It is Presently proposed that said construction will begin within six (6) months after conveyene by the Authority to the City of parcels P-5 and P-6 and will be com- pleted within six (6) months after start of construction. The City is to receive credit for these improvements based upon their utility to the Renewal Project as determined by the Coveramentl present estimated of credit $9,785.00. b. The City will construct additions to existing off-street parking facilities in the Haymarket -Pickering Parking Facility and the KendaAsag Perking Plead On disposition parcels P-1, R$ P-3, P-4, P-5 and P-6, pursuant to its purchase of said parcels under Paragraph 140 R11 4.0. above. It is presently Proposed that said construction will begin within six (6) months after cortaeyance by the Authority to the City of all said parcels, and will be completed within twelve (12) months after start of constnmtion. The City is to receive credit for these improvements, including the cost of purchase of said parcels, based upon their utility to the Renewal Project as determined by the Government; present estimate of credit $2050760,00, c, The City will receive credit for the construction, including all angiresring aM other related coats, of the handuskeag Parking Plana, a public off-street parking facility, cenetruction of which was comunced not more than three (3) years prior to the authorisation by the Covernament of a lean and grant contract for the Renewal Project, based upon its utility to the Renewal Project as determined by the Government; present estimate of credit $1,507,342,00. d. The City will receive credit for the constroction of improvements at the Penobscot Bridge and 'aahington Street, construction of which was commenced net more than three years prior to the authorisation of a loan and grant contract for the Renewal Project, based upon its utility to the Renewal Project As determined by the Government; Present estivate of credit $34,545.W. e. The City will provtde or contract for the engineering services required for the improv®ents in paragraph 6,a. and 6.b. above, ad will receive credit for this cost based ipon their utility to the Renewal Project as determined by the Govermmet. B. It is understood and agreed that the Cityis financial obligation hereunder is to make a total contribution or gant equal to at least ones fourth of the aggregate net Project cost se finally determined by the Govern- ment and the Authority, in accordance with the Housing Act. Said one-fourth 140.R12 contribution is presently estimated at $1,767,396.00. 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 emounts, which together with non-cash contributions hereunder, will total an amount at least equal be one-fourth of the estimated or actual net project cost; provided however, that if said cash cwRributionh are made on the basis of estimates they aAall 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 each and non-cash contributions hereunder shall equal at least ona-fourth of said aggregate net project cost. It is presently estizated that all the cash Create of the City will be in the form of a forgiving of real estate taxes on that namber of properties acquired and managed by the Authority to the date of demolition, from which the Authority may derive rental intone; which accent of real estate tares is necessary to make up the difference between the Cityis non-cash contributions hereunder and the Cityra total contribution of one-fourth of aggregate net project cost. The City is to recevve credit for sash forgiven taxes as deterffined by the Government; present estimate Of credit $9,964.00. 9. The Authority agrees to make paymene in lieu of these to the City as authorized by R. 5, of Maine 1954, c. 90-B, Sec. 12, an amended, in an amount equal he the dates for one year an real estate to be acquired by held Authority; present estimate haine $128,000.00. 14aRt3 M WITNESS WfU:B the City and the Authority have respectively caused this Agreement to be duly executed in duplicate as of the day aed year first above written: ATMT: CITY OF BANGM By: Joseph A. Ceupal, Jr. City Mgr. ATTEST: BANGOR URBAN BF %L AUTNURITY By: Francis A. Finnegan, Chairman