HomeMy WebLinkAbout2004-10-13 04-310 ORDERItem NOD4-31D
Date: Dahmer 13 2004
Item/Subject: ORDER, Authorizing an Amendment to the Development Agreement
between the City and Shaw House Development, Inc. -
Bangor Waterworks
Responsible Department: Community and Economic Development
Commentary:
City Council Order 03-79 authorized the execution of a Development Agreement with Shaw House
Developmem,bar. for the mdevehriment of the Bangor Waterworks. That Agreement was executed on
April 23, 2003. A delay has been imposed on the project by the Maine Cement Railroad's appeal of the
Minna DOT decision to allow a public crossing at the site. The Maine Law Court will hear the case on
October 190. Maine Central Railroad has also challenged the City's right to take the crossing by eminent
domain. creating an additional delay. In order to keep the Development Agreement current and valid,
Council Order 03-334 amended the Agreement to extend me dates by which the developer bad to provide
the City evidence of a binding construction contract and financing, and extending project completion
dates. This Order would again amend the Agreement by extending the dates by which evidence of
binding contraction contract or caramels have to be provided to the City form August 1, 2004 to
December 1, 2005; the daze by which evidence of legally binding financing commitments must be
provided been August 1, 2004 to December 1, 2005; and the date requiring Developers best efforts to
complete from December 31, 2005 to July 1, 2009. All of the funding sources have agreed m extend their
commitments pending the resolution of the legal challenges.
Department Head
k.a k.a e w w 9h dto
ro aaa r +Etenaau atu Q.(w S�tr. R t(
City Manager
r:T �.iFitlPr,L I, --Ig
Budget Approval:
Legal Approval:
Introduced for
_ Passage
_ First Reading
Referral
Finance Director
Cry Schrum
Page—of
06-310
Asrignedb Caancilm Farrington Octoher 13. 2006
NtsTliYv.`
CITY OF BANGOR
(TITLE.) Order, Authorizing an Amendment to the Development Agreement between the
City and Shaw House Development, Inc. - Bangor Waterworks
WHEREAS, City Coundl Order 03-79 authorized the execution of a Development Agreement
between the City of Bangor and Shaw House Development, Inc. for the
redevelopment of the Bangor Waterworks into 35 units of affordable housing for
low income people; and
WHEREAS, said Agreement was executed on April 23, 2003; and
WHEREAS, due to a lengthy delay imposed on the project as a result of the Maine Central
Railroad's appeal of the Maine DOTS decision to allow a public railroad crossing at
the site, three target data in the Agreement could not be met, and Council Order
03-331 amended the Development Agreement to add one year to the target data;
ant
WHEREAS, an additional delay has been imposed on the project by Maine Central Railroad's
challenge to the City's effort under City Council Order 09-290 to condemn by
eminent domain an easement across the parcel;
NOW, THEREFORE, BE IT ORDERED BY WE C COUNCIL OF WE CITY OF BANGOR
THAT, the City Manager is hereby authorized to enter Into an Amendment to the Development
Agreement executed April 23, 2003, a5 amended with Shaw House Develapmed, Inc., that will
extend earn target data In the Agreement. The data in paragraph 3 by which evidence of a
binding construction contract or contracts have to be pmoded to the City shall be changed
from August 1, 2009 to December 1, 2005; the data In paragraph 7 by which evidence of
legally binding financing commitments must be provided shall be changed from August 1, 2009
W December 1, 2005; and the data in paragraph 8 requiring DeveloWs best efforts to
complete by December 31, 2005 shag be charged to wry 1, 2007.
I6 CITY COUNCIL
October 13. 2006 a M i10
Ya ed
Y �4�N
L ,, oansa
T
(TITLE) Aurb xwmg an Aeooioo,t o
elopmmnL Agreement betveeu the CityF
➢eod
Shay House Oevelopmev[. Inc. — Better NaterwrFs
Assigned to CouncliarF&t