HomeMy WebLinkAbout2004-12-27 05-44 ORDERItem NO 05-44
Date: Dewmber20.2004
Mm/Subject ORDER, Designating Eastern Maine Healthcare Tentative Developer of
the Former gager Army Reserve Center / Union Street
Responsible Department: Community& Economic Development
Eastern Maine Healthcare has requested the City grant it tentative developer status for redevelopment of
the former Stager Army Reserve Center on Union Street. Contemplated is the demolition of the existing
buildings, construction of a new access drive, installation of a new traffic light, and constuaion of a new
healthrare related building of approximately 10,000 square feet This Order would grant Eastern Maine
Healthcare exclusive Status as developer of the site until March 28, 2005. Until then the. City would real
exclusively with Eastern Maine Healthcare for development of the site. During this period, Eastern Maine
Healthcare would have an opportunity to submit for the City Counal's consideration a more specific
proposal for its proposed development sufficient in detail to outline the general scope of development and
convey to the City sufficient information to determine the level of investment and character of the work to
be perfomred.
Department Heat
Manager's Comments:
This has been reviewed and Is recommended by the Business and Fmnom_�ic �DDetvelop�m/etnttCCommimirtteee.
75A'M O.&U .B�
City Manager
Associated Io/ormation:
Budget Approval:
Finance Director
Legal Approval:
Introtluced for
X Passage
_ First Reading
Referral
Page _ of _
05-44
Assigned N Councilor Treoble Oecem er 27, 2006
CITY OF BANGOR
(TOLE.) order, Designating Eastern Maine Healthcare Tentative Developer of the
Former Sieger Army Reserve Center / Union Street
WHEREAS, Eastern Maine Healthcare is interested in redevelopment of the City owned
former Slager Any Reserve Center on Union Sheet, and
WHEREAS, EMH proposes derndtion of the edsting buildings, construction of a new access
drive, Installation of a new traffic light and corstrucdon of a new healthcare
related building of approdmateN 10,000 square feet and
WHEREAS, Eastern Maine Healthcare requires time to prepare a formal development proposal
for consideration by the City Council; and
WHEREAS, tentative developer status is granted to potential developers to provide the
developer time M prepare a specific development proposal for the City Conncirs
consideration and during which time the City agrees to deal exclusively with the
designated tentative developer for the purpose for which tentative developer
status was granted;
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF
BANGOR THAT Eastern Maine Healthcare is hereby granted tentative developer of the former
Slager Army Reserve Center on Union Street that Eastern Maine Healthcare shall have until
March 28, 2005 to prepare and submit in writing to the City a specific proposal for
redevelopment of the property; that during the period of designation the City agrees to deal
exclusively with Eastern Maine Healthcare for the purpose for which Cental developer
stabs was granted; and that City staff and representatives of Eastern Maine Healthcare shall
have until March 28, 2095 to negotiate a proposed development agreement between the City
and EMH for redevelopment of the site for the City Coundrs consideration on or before March
28, 2005. The proposal submitted for the City's consideration shall be sutficlent in detail to
outline the general scope of development and convey, sufiiclent Information for the City M
determine the level of Investment proposed, Naractsr of the work to be performed, and
schedule for the proposed development. Preliminary plans submitted with the proposal are to
Include a concept plan showing the proposed layout of buildings and site Improvements
proposed; floor plans showing proposed general room layouts and use, Including entrances and
wits and overall floor area for each floor•, and a suitable aozs-sectlan or elevation of the
building showing materials to be used for ederior building facade matmem.
IN CITY COMM
December 27, 2006
Nocton !lade and Seconded
for Passage
Passed �I
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(TTeatative Developer
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Bk 10089 Ps291 035340
09-14-2005 a 10=02w
EASEMENT
CITY OF BANGOR a body politic and corporate and an insm,remalityand agency of the
Snare of Maine organized and existing wrier the laws of me Stale of Maine, with a mailing address of
73 Harlow Street, Bangor, Maine 04401, for consideration given by EASTERN MAINE
HEALTHCARE SYSTEMS, aMaine mu -profit corporation duly organized and mistingnader the
laws of the State of Maine andbaving its principal place of business at 43 Whiting Hill Road, Suite
500, Brewer, Penobscot C umy,Maine, thereceipt wbemof is hereby acknowledged, does hereby
give, grant and convey to said EASTERN MAINE HEALTHCARE SYSTEMS, its successors and
assigns forever, for the benedit of Ne Easter Maine Healthcare Mall, (described in the deeds
recorded in me Penobscot County Registry of Deeds in Book 6279, Page 137 and Book 6368, Page
338), a non-exclusive easement to constrict and maintain a roadway and sub cuts for the purpose of
ingress and egress, to install traffic signals, construct storm drainage and/or dennuou ponds and for
all minty access purposes on, above, across or under Ba[ portion of the property located 9 931 Union
Street, Bangor, Penobscot County, Maine, formerly me Anny Reserve Center, described in the deed
recorded in said Registry in Book 7252, Page 222, and more particularly described as follows:
Beginning at abolt ser on the northeasterly side of Union Shat gland now or
formerly ofUpman Braman, Inc., said point being the southwesterly comer of land
w orf erly of the United States of America, thence soumeasterly by Union Street
350.00 fest, more or less, to a point thence fuming an interior angle of 75' 08' and
running northeasterly 633.5 feet, more or less, to a point at land now or formerly of
Thurman Jenkins; thence fuming an interior angle of 105° 27' and running
northwesterly by and along land now or formerly of Thurman Jenkins 152.5 fear more
or less, to abolq theme turning an interior angle of 1780 59' and running
northwesterly by land now orf erly of Thurman Italics 199:55 feel, more or less,
to abolt set at land now or formerly ofLipmw Brothers, Inc.; memos taming an
interior angle of 75° 34' and running southwesterly by and along landnow or formerly
of Lipman Brothers, Inc. 633.50 feet, mare or less, to Ne point ofbsgimoing
The above-deserbed parcel is shown as Tied A-100 on aplan entitled REAL. Es AM
UNrRU STAT2sA RESERVE CENTER BANGOR MBUT ypBssnvAnoN DA1 DW.
1955. 1NSTA knoNoRPRomc No.3546Dw GNo.NEW-PA-1256.
TO HAYS AND TO HOLD the said rights, privileges and easements to said Easter Maine
Healthcare Systems, its successors and assigns, forever.
[signame follows]
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IN WITNESS WREREOF, the City of Bangor has caused the foregoing insnumeent to be
signed in it cocpocate name and sealed by its undersigned of me duly authorized, this J - day of
s'T-,. 2005.
W1TNB55: CITY OF BANGOR
�� � Edward A Barzett /
any Manager
STATE OF MAINE
Penobscot County z1+na it 2005
Personally appeared the above named PAwml A. Borten in his capacity as City Mastager of
the City of Bangor, and acknowledged before me die foregoing inshurnent m be his free act and deed
in his said capacity and the Gee act and deed of said City
Notac bh�'ey at I.ew
Print or type name as signed
NORMAN S. HEITMANN. III
NOTARY PUBLIC • MAINE
MYCOMMISSION EXPIRES JANUARY S1,2011
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#05-44
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Agreement made ihisJ7 dey of Gert 2005 by and bdwmn the City of
Bangor, a municipal corporation duly orgerdaed and existing order and by virtue of the
laws of the State of Maine, and having its principal offices a 8 Harlow Street, Bangor,
Mane (hereinafter "City) and Pearson Maine Healthcare Systems, a Maine non-profit
corporation duly organized and existing under the laws of the State of Maine rad having
an office and mailing address m 43 Whiting Road Brewer, Maine 04412 (hereinafter
"EMHS')...
WHEREAS, the City is the owner of certain lot or parcel of lord located at 931 Uniml
Street Bangor, Mane, mare particularly bounded and tiroribed in the dead from The
United States of America m the City of longer, Mame, dated November 22, 1999 and
recamed in the Penobscot County Registry of Deeds in Book 7252, Page 222, and known
a the former Army Reserve Center (hereafter "Pmperty); and
WHEREAS, EMHS, being me successor to Eastern Maine Healthcare as ad forth in the
Affidavit ofLeonard Giambalvo, dazed Fdrmary 1'/, 2005, and recorded in the Penobscot
County Registry of Deeds in Book 9766, Page 325, is the owner of certain lots or
parcels of land located on Union Street is Bangor, Maine, more particularly bounded and
described in the dead from Nicholas L. Vinim and Juan Vimds, Trustees of and J
Westgate Trost to Eastern Maine Healthcare, dated November 21, 19%, and recorded in
the Penobscot County Registry offleeds in Book 6209, Page 137, and more particularly
bounded and described in the deed from Donald F. Sanbom and Jean M. Sanbom to
Eastern Maine Healthcare dated April 1, 1997, and recorded in said Registry in Book
6368, Page 338, both parcels being collectively known as the Easlem Maine Healthcare
Mall: and
WHEREAS. EMHS has proposed to establish a new means ofGrgsess and egress form
Union Sheet to the Eastern Maine Healthcare Mail across the Property, and
NOW, THEREFOR$ in comidermion of the mutual promises contained herein, the
parties agree as follows:
1. The City shall convey an EMHS a perpetual easement across the Property to
provide a means of ingress and elpss to the Eastern Maine HealtMare Mall, including
the right m direct and flow stormwarer across the Property and to use and maintain the
demotion pond located thereon, funder including the right to install, maintain and use all
forms of utilities pipes, lines and wires, and signs, said eesemem as more particularly
described to Exhibit A attached honest, which easemems shall be located in substantially
similar locations as depicted on Exhibit A, at no cost W the EMHS other than the mutual
promisescomeivdherera The City shall reserve the right, appurtenant onlyto the Back
Lot, so-called, to use and maintain the utility, access, stcam waterand sign easements
described herein.
S Wwawn � xmae.aasi,u. e.mmer a Uvs.. mr.dw
2. EMS shall condoner a way across said easement area. EMHS shall bear all
cases associated with the construction of said way. Following the conveyance of the
Front Lot, so-called, to EMHS and the termination of the lease of the Property by and
between the parties hereto of substantial even or near daze herewith, EMHS and the
owner of moral of the Back Lot and the owner of record of the Eastern Maine Healthcare
Mall, so-called described in the deeds recorded in said Registry in Book 6279, Page 137,
and Book 6368, Page 338, shall be jointly and severally liablef the maintenance and
repair of said way, utility easements, detention pond aad sips, which coats shall be
apportioned in said owners pro -rata based upon the square footage of all buildings
located upon the Front and Back lots, and said Eastern Maine Heal thCars Mall,
respectively.
3. EMHS shall demolish the former May Reserve Center. EMHS shall War all
costs of demolition, includin& but not limited to, the cost of disposal of my hazerdoua
materials contained in the former Army Reserve Center buildings.
4. EMHS shall apply to the Maine Department ofharsportativv (MDOT) anon
before May 30, 2005 for a permit to instal a traffic signal the intersection of Union
Street and the way to be conaWcted in the easement area. The City shall join in said
applieauon as a co -applicant if required by MEDT. All costs associatedwith said
application shall be home by EMUS. Thereafter BLAHS shall construction of the way
mss the easement area and installation of the traffic signal on or before September 30,
2005 and shall complete construction by October 30, 2005.
5. Within. seven (7) days from the date hereof, the City shall remove all personal
property located in and around said former Army Reserve Center building. Thereafter
EMHS shall commence demolidan of the former Army Reserve Canter and shall
complete demolition and construction by Apnl 18, 2006.
6. The City shall not be required to contribute to any costs associated with the
construction and rravmlrnarmre of the easeme4 demolition of the building or installation
of the taffic signal, except as otherwise ser forth in the Lease by and between da parties
lmerete ofsubstmtially even or near date herewith and hereby incorporated by reference.
R a.5
SmFFamnn Maim NdaevKlegnauilJing.Finil dawmnm q m 7
EASTERN MA HEALTHCARE SYSTEMS.
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Wimas - N I:PNn^efar I`4' l 5
Ti e: Ens =. V.e< R'+s.
State of Maine ,1
Penobscot. ss ,µOpp' 1S 2005
Then personally appeared the above-named Edward A. Badett, City Manager,
and acknowledged the foregoing to be his free act and deed in his said capacity, and the
five act and deed of said body corporate.
Before rne,
NORMAN B. HEITMANN, 111 N y ubh A ey et laav
NOTARY POW •MgINE 'ted Nam_:
My COMMON E%PIAES 1gXURAY11,tNS Commission expires:
StateofMaine 11e /
Penobscot, as ms4-, (/1 1005
Th en personally appeared the above-named:'o'H, m/�-PFWS
♦rt2e V .Orfs ,ofEas Maine Healthcare SyatrmeaodaclnwwlWgWthe
fbregoing to be Wa/hw Heesct and deed in las said capacity and the free act and deed of
said Eastern Maim HealNcase.
Before me,
z At�eya t.>
HintodN nie/Altome&Aw
Printed Name: 4ee.aa.ea� rtb.�4o.PV6
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