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Home My WebLink About2005-12-28 06-042 ORDER[tem Mo04 Date: 12-28-05 Item/Subject Order, Authorizing the City Manager to Execute a MenicranUum of Understanding with Bangor Soccer Club Responsible Department: Finance Commentary: Bangor Soccer Club and other interested parries proposed the construction of an eight field multi-purpose athletic Feld complex. Over the past year, two Subcommittees have met to address Me needs assessment and design as well as funding and implementation of such a complex. As the process has moved forward, the groups have determined that a need exists for additional fields, identified a City owned parcel for a complex, and determined that; while other entities are Interested, there would be no financial commitment from any group other than the Bangor Soccer Club. This Order authorizes the City Manger to execute a Memorandum of Understanding with Ne Bangor Soccer Club. The agreement includes requirements such as: the Club's responsibilhies for construction, operation and maintenance of the complex; the need to obtain additional access before more Nan 3 fields are constructed; the establishment of fundraising goals; the need for an operating agreement; and the use of best efforts to minimize the effect of the complex on the residential neighbors. paMaeend Head Manager's Comments: The Government Operations Committee met and discussed INS proposal at Its meeting of December 13, 2006. At that time, neighbors to the proposetl complex were invited to attend. A number of adjustments have been made to the Memorandum of Understanding to address concerns that were raised. The revised MOU will be reviewed by Government Operators; at its meeting of December 27r", and I anticipate that the Committee will have a recommendation for the Council me3(Ing on the 28P A rsociatad Information: Memorandum of Understanding City Manager France Direction Director X Passage _ First Reading Page 1 of 1 Referral Aeeig d to Councilor Farrington December 28. 2005 \ CITY OF BANGOR (TrfLE.) ORDER, Authorizing the Cry Manager to Execute a Memorandum of Understanding with Bangor Soccer Club BE R ORDERED BY THE QTY COUNCIL OF THE CITY OF BANGOR, THAT the City Manager is hereby authorized to execute the attached Memorandum of Understanding with the Bangor Soccer Club. Said agreement outlines, in general terms, the conditions precedent to the constructlon an an 8 field multi-purpose athledc field complex. IN CITY COUNCIL December 28. 2005 Motion Made and seconded for Passage Nancy Cravin expressed Concern of Additional Traffic on Dealing Eoad Dan Sprague 6 Dov Tow urged the council to Supp rt this order Eas2d X Ob061 OBD EU (TITLE.) AuMoeisin¢ [Fe City Nana¢er t Execute a Memorandum of Understanding with t 06 042 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BANGOR AND THE BANGOR SOCCER CLUB WHEREAS, the Bangor Soccer Club, hereinafter BSC, Is a Maine non-profit corporation organized by volunteers to promote youth soccer in the Bangor area; and WHEREAS, the City of Bangor, hereinafter City, is a municipal corporation chartered under the laws and regulations of the State of Maine; and WHEREAS, BSC and other interested parties proposed the construction of an eight field multi-purpose amletic complex to be located on a single site requiring approximately 30 acres W the City; and WHEREAS, by Council Order 04-266, the City Council established two Sub - Committees to address the needs assessment and design as well as funding and implementation of such a complex; and WHEREAS, the Needs Assessment and Design Committee concluded that a need exists for additional playing fields, specifically soccer, field hockey, and potentially lacrosse, that an eight -field complex could be phased in over time, and that a parcel of Airport owned land near Downing Road represented the best potential site; and WHEREAS, as the study and review process moved forward, it became clear that a financial commitment would not be forthcoming from a number of potential users; and WHEREAS, BSC has consistently taken the lead on developing such a complex; and WHEREAS, the Sub -Committee on Funding and Implementation has recommended that the best course of action would be to allow BSC to be the lead agency to pursue the construction of such a complex. NOW, THEREFORE, BSC AND THE CITY DO HEREBY AGREE AS FOLLOWS: 1. BSC, in conjunction with interested representative(s) of the City Sub - Committees, will continue the efforts started by the Subcommittee on Funding and Implementation to create a new non-profit organization, R deemed necessary. BSC or the new non-profit organization would be responsible for the construction, operation, and maintenance of the complex. 042 2. BSC or a new non-profit will undertake various fundraising and solicitation activities for the purpose of constructing multi-purpose fields to be located at the Airport owned property designated by the City for such purpose. 3. BSC or a new nonprofit and the City either independently or jointly will seek to obtain a night of way from Union Street to serve as the primary entrance to the complex. The necessary funding for access and construction of the mad will be included in the fundraising plan. 4. No later than April 30, 2006, BSC, or the newly formed non-profit, shall present be the City a plan outlining the anticipated scope of work to be performed on site. No later than July 31, 21 BSC, or the newly formed non-profit, shall prepare and recommend a fundraising and solicitation goal for the project and a schedule for meeting this goal including reasonable benchmarks for measuring progress. Upon meeting such deadlines, the City will prepare the necessary application to have the aforementioned parcel rezoned for the purpose of a multi-purpose field complex. S. Upon completion of the fundraising and solicitation goal report, BSC and/or the newly formed non-profit and the City of Bangor will enter into an operating agreement for the complex. Issues to be addressed within this agreement will include but are not limited to: hours of operation, access, security, maintenance, Insurance, allowable uses, conflict resolution and compliance with applicable City Codes. 6. No work shall begin on site until sufficient finding and/or In-kind commitments have been obtained, at a minimum sufficient funding will be considered $250,000 in cash or pledges of cash. Prior to the start of construction, adequate cash and in-kind support must be in place to fund the construction of at least 2 fields, access, parking and restroom facilities. Proof of funding and in-kind commitments must be forwarded to the City Finance Director before any request to begin site work is made. 7. No more than 3 fields will be construded on the designated site until an alternate access point is created off Union Street. In addition, any fields constructed with lights and access roads, shall be located as far from the residents of Downing Road as possible. 8. The City shall commit to in-kind work on the project, subject to the approval of the City Council as to the nature and type of work to be provided. The Council may, at its sole discretion, approve additional financial and in-kind support for the construction of the agreed to improvements. 06 042 9. All work to be performed on site must be approved In advance by the City of Bangor. The City Engineer, who may call upon other staff as needed, will make a recommendation to the Government Operations Commitee, which may grant approval for the work All work shall conform to applicable building codes and all other regulatory requirements. All necessary permits shall be obbined in advance of construction. The use of volunteer or donated labor must be coordinated with and approved by the City Solicitor and the City's Risk Manager. Any and all contracts Involved In this work must meet the City's standard requirements regarding insurance and indemnthcation and must be submitted to the City Solicitor for approval. 10.This agreement must be approved by a majority of voting members of each organization's governing body prior to execution. 11. Any changes or amendments to this memorandum of understanding must be reduced to writing and approved by BSC, or the newly formed non -mi and the Bangor City Council. IN WITNESS WHEREOF, the parties have respectively executed or caused this Memorandum of Understanding to be executed on this the _day of 2005. WITNESS: CITY OF BANGOR (BY) Edward A. Barrett Its City Manager WITNESS Bangor Soccer Club (BY) — Nami Title: