HomeMy WebLinkAbout2013-03-25 13-119 ORDERCOUNCIL ACTION
Item No: -13-119
Date: March 25, 2013
Item/Subject: ORDER, Authorizing Negotiations to Amend Agreement with Waterfront
Concerts, LLC
Responsible Department: Legal
Commentary: This Order, if approved, will authorize staff to negotiate an agreement with
Waterfront Concerts to extend the term of the current agreement by five years, provide for
increased payments to the City and set forth other rights and responsibilities regarding the use
of the concert venue.
On July 23, 2012, Council Order 12-252 authorized the execution of a five year agreement with
Waterfront Concerts, LLC through October, 2016. Since its inception, Waterfront Concerts, LLC
has leased a stage however; after some analysis, Waterfront Concerts has determined that with
a longer term lease, construction of a permanent stage would spread costs over a longer period,
reduce operating costs and make the site more economically viable.
A report from the University of Maine has shown that the Waterfront Concerts has been a
significant economic driver in the City bringing people and money to Bangor economy. In 2013,
the City relocated the venue to mitigate noise and improve the overall concert experience. Under
the terms of the current agreement, Waterfront Concerts is responsible for the stage. If the cost
is spread over 10 years a constructed stage will cost less than leasing a stage for the same
period of time. Additionally, at the end of 10 years, the stage remains on the site.
The agreement approved by the City Council provided that the parties would negotiate terms
and conditions for the use of permanent concert venue once construction has been completed
and it is ready for use. Because Waterfront Concerts, LLC is investing in purchasing a stage they
have requested that the agreement be extended for an additional five years. An amendment
agreement will also provide for additional revenue from Waterfront Concerts, LLC to the City.
Department Head
Manager's Comments:
a�R.0-e•�� t�6Y �'�PS City Manager
Associated Information:
Budget Approval:
Finance Director
Legal Approval:
City Solicitor
Introduced for
Passage
First Readina Paae of
13-119
MARCH 25, 2013
Assigned to Councilor Hawes
i
CITY OF BANGOR
(TITLE.) ORDER, Authorizing Negotiations to Amend Agreement with Waterfront Concerts,
LLC
WHEREAS, Waterfront Concerts, LLC produces a summer concert series on the Bangor
waterfront; and
WHEREAS, On July 23, 2012, by Council Order 12-252 the City Council authorized the
execution of a five year agreement with Waterfront Concerts, LLC through October, 2016.; and
WHEREAS, Waterfront Concerts, LLC is investing in purchasing a stage it has requested that the
agreement be amended to provide for an additional five years on the term; and
WHEREAS, the agreement approved by the City Council provided that the parties would
negotiate terms and conditions for the use of permanent concert venue once construction has
been completed and it is ready for use; and
WHEREAS, the City of Bangor has invested in a permanent location for the concert venue; and
WHEREAS, it is In the best interests of the City of Bangor to amend the agreement with
Waterfront Concerts, LLC to provide for a longer term and increased payments to the City and
to set forth other rights and responsibilities of the parties regarding the use of the concert
venue.
By the City lounra'/ of they of Bangor:
ORDERED, THAT, Catherine M. Conlow, City Manager, is hereby authorized on behalf of the
City of Bangor to negotiate an amendment to the existing agreement with Waterfront Concerts,
LLC for an increase in the term of the agreement, an increase in revenue to the City of Bangor
and other terms and conditions. Any amendment shall be subject to the final review and
approval of the City Council of the City of Bangor.
IN CITY COUNCIL
March 25, 2013
Motion made and seconded for Passage
Motion Doubted
Vote: 8-1
Councilors Voting Yes: Baldacci, Blanchette,
Gallant, Hawes, Longo, Nealley, Sprague, Durgin
Councilors Voting No: Civiello
r