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HomeMy WebLinkAbout2008-10-27 08-347 ORDERDate: October 22, 2008 Item 14r AS 347 Item/Subject: ORDER, Authorizing Option Agreement With Little Wood Island, t1C far DeoAopmem of Bangor Waterfront property Responsible Department: Community & Economic Development Little Wood Island, LLC has proposed developing a Tim Horton's restaurant on Its property at 440-460 Main Street. Originally, tittle Wood requested the City sell 0.1] acres of City land behind this site to them to accommodate a drive-thru, Mated parking, and ste Improvements. City staff recommended an easement instead of a sale, and such an easement was authorized by Council Order 08 252 passed July 28, 2008. When subsequent plans were submitted by L'dtle Wood, it became apparent that a portion of their proposed building would be located within the City's 0.12 acre area and that an easement would not be appropriate. Citystaff now recommends that the 0.1] a be sold WM the Gry M iniN an easement for setbacks to protsd potential future City Interests. This Order would supersede and replace Order 08 252. The proposed Option Agreement would extend through November 30, 2008 and could be extended for two (2) months m January 31, 2009 If the Developer has submitted and received Business and Economic Development Committee approval of all preliminary and final plans and a construction progress schedule requiring construction start no later than May 1, 2009 and be completed no later than March 30, 2010. Prior to exercising the Optlan, the Developer would be required to provide evidence of all necessary permits, the financing carry out the project, and a construction contract. Department Head This has been reviewed and is recommended by the Business and Economic Development Committee. n& -A City Manager Assuciabad Informafion: Hnance Director vcity Solicitor X Passage _ First Reading Pape _ of _ Referral 08 347 Assi@mdm Cowcitor Cratudek October 27, 2000 CITY OF BANGOR (TIRE.) ORDER, Authonzing Option Agreement with Little Wood Wand, LLC for Development of Bangor Waterfront Property WHEREAS, Ljohe Wood Island, ULC has deveop a Tim Horton's Restaurapurchant on the Property',00-� Main Street and proposes and WHEREAS, tittle Wood island has submitted a request to acquire an interest in 0.17 acres of City land behind its site needed to accommodate a drive-thru, related parking, and site improvements; and WHEREAS, the 0.17 acres of Ciry property would primarily involve the slope area adjacent to the Little Wood Island, LLC property; and WHEREAS, the Gry Council passed Council Order OR 257 on July 28, 2008 providing for an easement on approximately 0.17 acres of City of Hangar Waterfront land abutting 440-960 Main Street, and WHEREAS, the Gry now wishes to deed the 0.17 bones while retaining an easement on this 0.17 acres In order to protect the Citys future Interests in the adjacent Otv- owned land; NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT the City Manager is hereby authorized to exewte, on behalf of the City of Bangor, an Option Agreement for Development of Bangor Waterfront Property with Little Wood Island, LLC providing for the sale of approximately 0.17 acres (7,700 sq. R. +/-) of City of Bangor Waterfront land abutting W-460 Main Street, as depicted on a Boundary and Topographic Survey Plan of the Little Woad Island, LLC property prepared by Midka & Day dated October 29, 2007, for development of a Tim Homm's Restaurant with a ddve-thru substantially in 490 conformance with the proposal submitted to he city on Debe cember 12, 20; 7tlated December Main St., Bangor, Maine (the "Propel, p 12, 2007, under terms and conditions approved by the Gry Council Business and Economic Development Committee and In a final form approved by the CM Solicitor or Assistant City Solicitor; and BE IT FURTHER ORDERED THAT this order supercedes and repuces Order 08 257 passed on July 28, 2008. ID CITT COUNCIL October 27. 2008 Norien Made and Seconded for Picini Farcled, I CITY CLNHS A Oa W ORDER fIPII,N1 Author"Jmg Opttm Agree nt n, th the L1tut ee000 �9 a1 o�LLTo Uev Lopmat of Bangor Waterfront property r w. Councilor GtA"