The URL can be used to link to this page

Home My WebLink About2006-10-11 06-350 ORDERn'"a- 06 350 Oats: 10-11-06 Item/Subject: Order, Authorizing a Letter Agreement with Barger Historic Tack, lx. for City Land on Riverside Block, so-called. Responsible Department: City Manager/legal Commmmary: In lune 2006, the City Council authorized execution of an Amended "nal Lease and Amended Development Agreement between theCity and Bangor Historic Track, Inc. fordevelopmentof thelr permanendfacility to be located on the so�called Riverside Block. The Riverside Block Includes land currently ownetl by the City between Bre land In be squired by BHT and land owned by Maine Central Railroad. The agreements behveen Me City and BIT, provide for this land M be Included In the Riverside Block development. This Order will authorize the City Manager to exenae a letter agreement with Bangor Historic Track for the City to convey this strip of land to Bangor Historic Track, Inc. Department Head Manager's Commands: This Is In accordance with previous CDundl discussions and existing agreements with Bangor Historic Tack. Recomanwcapproval. City Manager Associated Iarormation: I ty a� Budget Approval: ye, ApW var: V_ sty solicitor Imroduced for X Passage _ First Reading Page _ of _ Referral 06 350 r Assilpmed to Counct1ors Pal --r October 11. 2006 CITY OF BANGOR (TYLE.) ORDER, Authorizing a Letter Agreement vnth Bangor Historic Track, Inc, for City Land on Riverside Block, so-called. Whereas, the City has, as of June, 2006, entered into various agreements wbh Bangor Historic Track, Inc. (BHT) that call for the location of a permanent gaming Willy on Main Street between Lincoln and Dutton Stree6, the Riverside Block, so-called; and Whereas, the Riverside Block Includes land currently owned by the City between the land W be acquired by Blit and land owned by Maine Central Rairoad, and the agreements between the City and BHT provide for Mis land to be included in the Riverside Black development; NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CRY OF BANGOR THAT: Ile City Manager Is hereby autdilaed b execute a letter agreement with Bangor Histone Track, Inc for the conveyance of a City -coned strip of land located between the property of Bangor Hittmic Track, Inc, and the Maine Central Railroad, such hatter to be in a farm abst dally consistent w 1h the attached and subject to the approval of the City Solicitor. IN CITT COUNCIL October 11. 2006 Motion Made and Seconded to Open the P.blic Nearing Public Heating Opened No Me £roma the Public me forward Motion Eads and Seconded to Close the Public Heating Public Hearing Closed Motion Made and Stranded for dppal R C� CLERK �Iso ONDN6 ppptygJ Au[oxisivg a Let x A �emeu[ Cl h Nengox Nie City Laud on Riverside Kock. - called AeviguW bCounelbr fIXAW\ BANGOR HISTORIC TRACK, WC. 52 Main Street Bangor,ME 04401 0s ober ,2006 Bangor City Hall 73 Harlow Strxt Second Floor Bangor, Maine 04401 Dear Mayor CsshweR 06 350 This Inver sets forth the agrevaent between the qty of Banger, Maine ("City") aid Bangor Historic Track Inv. ("BHP') regarding certain matters pasted to the development of BHT'sPemement Gaming Facility, as that Fenn is defined in the Development Agreement (definM lin) as amendd. These matters are: The acquisition of a narrow strip of land locared proximate to the Maine Central Railroad fight of way as shovm in the attached plan (the "Plan') as a portion of the future site for BBT's propoeat Pmmmpent Ganwtg Facility in the City (the "Narrow Snip'); • Use of the so-called "RouMlwuseSite," as shown in the avached Play as conswction staining area. Backman The City said BHT are parties W the following agreements: (i) Development Agreernmt fm the Development of Portion of Bass Park dated October 31, 2003, as amended by an Amendment W Development Agreement, Banger Receomy Wtial Lease, and Indenture of Final Lase dated as of July 5, 2005 (the "First Amwdmen["), and a Second Amendment W Development Agreement, Bangor Raceway WtiM Lease Age®mt, and hdanw'e of Final Lease dotal Jane 23, 2006 (collectively, that "Development AgmdnenY), (i) Amended and Restated Bangor Raceway mind Lease Agreement dated Selnembm� 2006 (the "Initial Leese'), and (iii) Anended and Restated Indenture of Final Ircam dated Tune 23, 2006 (the "Fwd Lease ), deal a carbon letter agreement dated October 31, 2005 concawag, among ntbmtwngs, the"Erin,Inc."percale dmcribed therein (the"Side l.ettet). The Development Agreement, What Lease, Side Letter and Final home are referred W herein collectively as the "Existing Documents" Capibkaed teems used but net define] heroin have the meanings assigned to those terms in the Existing Momenta. BHT and Kendmkeag Yacht Club ("KYC) base mWmd into a Real Estate Paradise AFM Sale Agreement dated Jane 23, 2006, pursuant W wbia BHT expects to bombast the real easto owned by KYC boosted east of Maw Snxx between Buck Shat and Human Street w Bangaq Maine("KYCAgmornaf). The KYCAgednmtc sf aclosingofthmtmmadon onmbefore Decanber31,2006. Agreements. R shall be a conditionofthe City's obligation to convey the Narrow Strip that BHT and/or its parent company shall not be in default of any of their obligations under the Existing Documents. If this condition is trot satisfied and until and default is awed, the City shall 36 350 have m obligation m convey the Narrow Step or otherwise perform beremder. Subjecitothe f grain& the City and BHT agree m follows: 1. Narrow Strip. (a) Simultaneously with the closing of the transaction describe in the KYC Agreement, the City shall convey to BBT all its tight, title dad interest in and to the Narrow Ship. The Closing sMllmke placeedw same time and Placemthe closivg uvdethe KYC Agreement. At Closing, the City atoll convey the narrow, Strip m BHT by good and sufficient Municipal Quitclaim Deed in rhe eatmoryf The Demofwnveyanms ][ roddedutintMevent BHT shall not timely open the Pedtmnent Gaming Facility m obtained by the Existing Documents, that the ownership of the Narrow Strip shell romantically revert to the City. (b) At Closing, BBT well pay my and all costa of tmnsfa and/or recording, including any mal property make taxes relaud to the pudcbam of the Narrow Strip, entering the City's shoe, if my. The ponies acknowledge that the Nurow Strip is currently raw used. (c) The City agrees to provide BUT and its agents add reprnmm[ivn access m the Narrow Strip for progress of conditioning such suveys, impectioru, onto turning tests, mil tens, vemunwtal assessments, water uses, or ther inspection or testa as BHT deem necessary or appropriaze in order to assess the fusibility of the development of the Pennant Growing Facility (the"Project"T BBT still, after such impectimu and tests, mea the Narrow Strip as near as wsodably practical m me same condifidm it was in prior to any such inspow;hon notice tees, and shall indeamify and hold harmless the City, its mail mats, officers, employers and agents completely firm and against any and at liabilities, lesson, said, claims, judgments, Ties or demands arising by boom ofinjury or deadh of my person or damage to any property, including A[ reasonable costs Farinvestiption and Timms thereof (including but nes fimital to mormys' fm, mut costs, and renown winters fen), of any future whatsoever arising out of or incident to the use, cambium, tendo, or manngement of the Narrow Strip or the ens or cadmium of BDT's officers, agents, employe, wmanors, subcornracmrs, licvuee, or invites arising Amid any such inspections or tests conducted by BFIT or its agents. This indemnity shall survive the closing on the Narrow Sun, not shall be in addition m and rot in lieu of any other right of indemnity that the City may have diameters, herein and/or under the Existing DracumeNa. (d) The City will cooperate with BHT position and subject to due tents ofSection 5 o£the Second Amendment to the Development Agenormadt. 2. Roundhouse Site. The City hereby contends to the use of the Roundhouse Site by BHT as a constructing caging area in cor ction with the Proje, The City reserves the fight, in its mcwhou in revoke this comet[ and terminate BFFT's right to urs the Roundhems Site for smb proposes upon not less than 30 days' notice. hi the event of such temintion, the City coil BBF will exercise commecially reasonable efforts to feat a replacement staging am in order to avoid use of the Parking Am fen surging purposes. BHT steel, after covahuclion, restore rte RouMhrause Site as neuro rnsombly formed to the same condition it was in priors any such ommusion, and shall edenmify and Mid hamdess rhe City, its homebred, offiwrs, enptoyen ted agents completely from add against any and all liabilities, losses, suits, claim ,Judgments, Ben or demands arising by reason ofijuty or death of any person or damaged any property, botto n8 all mumble roes for investigation and defuse Nersofhieluding but not turnedbe uMmeys' fees, court costs, and expert witness f ), of any muco whatmeva arising out ofd incident to the use, occupmcy, conduct, ormmgednmr of the Roundhouu Site or the ace or ovuaeom ofBHT's officers, agents, employees, contrectors, subcontractors, licensees, or invitees 06 350 arising from any such construmim activities conducted by BBT or its agents This indmmdty shall surviwtemwation by the City as set forth show and stall be in addition b and not in lieu of any other fight of indemnity that the City may have elsewhere herein and/or under the Existing Dccuments. The foregoing agreements shall be subject to any and all limitations on liability sen forth in the E eating Documents on the part of the City. Breach of my of the means and coMitions haerf by abhor party shall constitute a breach of the Exi sting Immigrants emitting the nm- b¢aclvng patty to my and all remedies available thereunder. Time is of the essence of this Agreement. BLIT aW the City are confirrung this agreement by exwuting and delivering that letter as of the date set froth above. verytwyyours, BAtIGOR HISTORIC TRACY, WC. By: Name: Its: SEEN AND AGREED: CITY OF BANGOR, MAINE By: Name: Its: N O IOTES f ny iJ VY-- IS p� Rxg^ _h — � �� _ f• ap Ila G•"a'•gc''.v Xi a-'ci� N O