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HomeMy WebLinkAbout2006-04-24 06-157 ORDERIcem No. 06 157 Date: April 24, 2006 Item/subject: Order, Authorizing an Amendment to Option Agreement with Penvlew 0.ssada[es. Responsible Department: Community and Economic Development/Legal Commentary: A provision the existing option agreement with Penview Associates for the development of a condominium on ourwaterfroM indicates that If he City did not acquire an adjoining parcel of land from Summer Street Capital by November 18, 2005, the City would. negotiate in good faim - concerning an extension of all the deadlines set forth in the agreement. Due to the necessity to eliminate a mortgage on this property priorto transfer, the City did not take actual ownership until January11,2006. Penview has nowrequested aseven weekevtension tothe remaining deadlines in the option agreement. Please see the attachment which lays out the current deadlines in this agreement. At its last meeting, me Business and Economic Development Committee heard this requeetfrom the developerand, in a subsequentexecutive session, provided guidelines forstaff to negotiate certain changes with the developer. We anticipate that discussions will take place prior to Monday's meeting. Given that one next deadline is May 3, 2006, at which time the developer is required to submit evidence of all permits, licenses, or governmental approvals, the Committee also directed that an Item appear on Monday's agenda at whidr I me, pending agreement between he parties, an amendment m the development agreement could be considered. Attached is an order that will serve as a place holder for such an amendment. If in order for passage on Monday, It will require an amendment by substitution to attach the substance of me amendment. Department Head Associated Information: Ctr, 40 Y -r dkflu A�DWAu.• Budget Approval: Finance Director Legal Approval: City 5alltlhr Introduced for Z Passage _First Reading Page_of_ Referral pg 157 _` AasiDhei [o Councilor Greene April 24. 2006 f9 CITY OF BANGOR (TITLE.) ORDER,AuBmdzingan Amendmentto Option Agraementwith Pemiew Associates. BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT The O'ty Manager is hereby authorized to execute an amendment to an Option Agreement with Pewiew Associates for certain property on the Cry's waterfront in accordance with the terms and conditions attached hereto and in a form acceptable to the City Solicitor. ID CITY COUNCIL April 26, 2006 Motion Made and seconded for Passage Nation Made and seconded to Anand with Exhibit A Ton Mussell, representing fairies Associates, expressed mancem regarding four deadlines happening in One day. Vote: 6-1 Councilors voting yes: Cashwell, Farrington, 44atwick, Creme, Henn, Palner Comellors voting m: D'Errim Councilors Absent: Allen b See Motion Made andseconded for ss Paage As numbed Motion Doebted Vote 6-3 Councilors voting yes: Gratwlck, Creme. gowns, Palmer Councilors voting no: Gvtwlck, Creme. eaves, Palmer CouncilOrs voting m: Camwell, D'Errim, Partington lots Absent.' Allen 6 stone Pa d I -CITY CLRM crMEA Natborislvg an Amndamt to Option Agreement with Peavlew Associates Awq,vd b C000tlbr i }UOAtI O6-157 Al®Ep Penview Deadlines Pf UMer 11/9/05 Option Agreement Aofidly Deadliney r Current Agreement New Deadline OPTION EXTENDED TO 5/15/06 6/15/06 Deadline to Exercise Option in wntin 5/4/06 6/15/06 Evidence of Financing 6/1/06 6/15/06 Certification of Construction Contract 6/1/06 6/30/06 closing 62/06 1 6/30/06 - Submission of evidence of all permits, licenses or governments] apparavais 5/3/06 N30/Ob Commence Construction 6/30/06 6/30/06 Com lesion of Construction 06 157 Peavlew Deadlines Under 11/9/05 Option Agreement daym Deadline Submission of Prelimirmay Plans 11/28/05 Submission of Preliminary Plans(revised, if necessary) to BED Committee ForApfaroval 12/2/05 Submission of Final Plans, Drawings, Specifications & Construction Schedule 1223/05 Submission of SubdivisioNSite Plans for Planning Board Consolestion andoval 12/30/05 Meeting wob BED Committee For Final Plan and Construction Schedule A oval 1/11/06 If Necessary, Submission of Revised Final Plans, Drawings, Specifications & Construction Schedule 120/06 If Necessary,Meetiag with BED Committee For Approval of Revised Plans, Drawings, Sfecifications & Construction Schal' ule 1/31/06 Site Plan/Subdivision A orval 2/15/06 END OF OPTION PERIOD 2/15/05 IF FOREGOING SATISFIED, OPTION EXPENDED TO 5/15/06 Submission of evidence of all pearnits, licenses or goverrunartalapprovals 5/3/06 Deadline to Exercise Option is wntin 5/4/06 Evidence of Financing 6/1/06 Certification ofConstrucnon Contract - 6/t/06 Closing 6/2/06 Commence Construction 6/30/06 Completion of Construction 930/07