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HomeMy WebLinkAbout2003-07-14 03-241 ORDERItem No. 03-341 Date: July 24 2003 Mem/Subject: ORDER, Authorizing the Execution of an Agreement between Me City M Bangor and Musson College-- Winkins Sports Complex Responsible Department: Legal Husson College has raised approximately $2,50,000 fo.phe:p4lpose of constructing and Improving Me Winkins Sports Complex on the Husson Cojlege campus. Husson has requested $381,000 from Me City to enable Mem to complete the project. This Order would authorize the City Manager to execute an Agreement with Husson. The terms of the Agreement include a $50,000 scholarship from Husson to a Bangor student, the use of Me facility by the Bangor School Department, Bangor Parks and Recreation DeparVnent, and other Bangorsponscred events at the lowest possible costs. It also requires Husson W have a long-term agreement with a minor league baseball team. �Ipaftment Head Manager's Comments: City Manager Associated information: Agreement Approval: I:fie1T{] l�f•]i Legal Approval: Solicitor Introduced for _ Passage _ First Reading Page _ of _ Referral 03-241 Assignedto Councilor Pamer Jul] 14. 2003 A �,a CITY OF BANGOR (MILE.) ORDER, Authorizing the Execution of an Agreement between the City of Bangor and Musson College-- Wlhkins Spans Complex By Nie Qty China Of liar CRY Of &Wo : ORDERED WHEREAS, Musson College has worked on a project which will improve the Winkin Sports Complex and allow for the complex tobecome the home field of a minor league baseball team; and WHEREAS, Improvements to the Winkin Sports Complex will not only benefit the College but will allow fm additional community use of the field for high school games and prectices, sports camps, Senior Little League World Series practices, and other events; and WHEREAS, Musson College will provide a $50,000 scholarship to a resident Bangor student and make the Winkins Sports Complex available to the Bangor School Department, Bangor links and Recreation Department and for City of Bangor sponsored events at the lowest possible cost; and WHEREAS, the presence of minor league baseball team playing its home games at the Complex will provide economic benefits to the community and, in particular, to the near by Broadway commercial comidoq and WHEREAS, the minor league team will provide employment opportunities both on and off Ore field and provide a positive economic benefit to the community; and WHEREAS, the presence of this team in Bangor will provide another attraction to bring visitors to Bangor; and WHEREAS, the College has mised approximately $2,350,000 for the purpose of concocting and improving the Winkin Sports Complex including significant donations from private individuals; and WHEREAS, financial essinence from the City of Bangor is essential to allow the next phase of improvements to go forward, and these improvements are essential to allow additional community utilization of the field and bring minor eague baseball to Bangor. IN CITY COUNCIL July IA, 2003 ffitionMade and Succeeded for Passage Nathaniel Rosenblatt, 506 Valley Avenue. expressed concerns regarding use of stadlw. lighting. parking, traffic, Rod Tome. representing Bangor Soccer, suggested that the City request a laeed use agreement from Husson for soccer field development that could be attacbed to this agreement with Hussar College Passed UCity CTJ3UV k 0}261 0 R V E (7I7LEJ barbarizing the Hxecutloo of an Agreement Between the City of Rangor and Husson College - Yfeekfns Sports ComPles Assigned to Coundlor AGREEMENT This Agreement Is made and entered Into as of 2003 by and between the City of Bangor (hereinafter "Qty'), a municipal corporation located in Bangor, County of Penobscot, State of Maine, and Husson College (hereinafter "College"), with a place of business in Bangor, County of Penobscot, State of Maine WHEREAS, the City has worked with the College on a Project which will improve the Winkin Sports Complex and allow for the complex to become the home field of a minor league baseball team; and WHEREAS, the City recognizes that its financial support is necessary to accomplish this goal; and WHEREAS, Improvements to the Winkin Sports Complex will not only benefit the College but will allow for additional community use of the field for high school games and practices, sports camps, Senior Little League World Series practices, and other events; and WHEREAS, the presence of a minor league baseball team playing its home games at the Complex will provide economic benefits to the community and, in Particular, to the near by Broadway commercial corridor; and WHEREAS, the minor league team will Provide employment opportunities both on and off the field and provide a positive economic benefit to the community; and WHEREAS, the presence of this team In Bangor will Provide another attraction to bring visitors to Bangor; and WHEREAS, it will also provide a sporting event that will attract families and children, supporting Bangor's efforts to remain a family focused community and providing our young people with opportunities to spend positive time with family and friends; and WHEREAS, the College has raised apprmdmately $2,350,000 for the purpose of constructing and Improving the Winkin Sports Complex including significant donations from private Individuals; and WHEREAS, financial assistance from the City of Bangor is essential to allow the neat phase of Improvements to go forward, and these improvements are essential to allow additional community utilization of the field and bring minor league baseball to Bangor. 03-241 NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained in this Agreement, the City and the College agree as follows: 1. On or before July 31, 2003, the College shall enter into a lease agreement with the Bangor Lumberjacks that will require the Lumberjacks to play their home games at the Winkin Sports Complex beginning with the 2004 -baseball season. This lease shall be for a minimum of five years, and an executed copy of the lease shall be provided to the City. 2. Husson shall take the necessary steps to complete the proposed improvements, including but not limited to installation of field lighting appropriate for minor league play, installation of a stadium seating for approximately 3,000, and associated earthwork to support the project. These improvements are to be completed no later than April 1, 2004. 3. Husson shall take the necessary steps be obtain all required permits, including but not limited to City of Bangor Site Plan approval and State Site Location of Development Act permit modifications necessary for this project. 4. The College shall undertake a goad faith effort, in conjunction with the Bangor Lumberjacks and other users of the complex, be mitigate any potential offsite impacts related to the operation of the complex including, but not limited to, lighting spill over, traffic, and noise and public address systems. The College, In cooperation with its tenants, shall develop operating procedures for the complex W assist in minimizing its Impact on surrounding properties. In particular, college shall assure the following: a. Adequate an -campus parking shall be available to patrons attending events at the Winkin Sports Complex and no on -street parking on adjacent public streets will be required. b. Install and adjust field lighting as necessary to insure that this lighting will not shine directly on the exterior wall of any residential building. c. Adjust and monitor public address system to insure that a noise limit of 65 dBL is not exceeded beyond Husson College property line. d. Limit the use of fireworks or other similar devices e. Limit the sale of alcohol to beer and cease sales after r Inning. I. Prohibit the use of the complex for events, other than sporting events, that would create excessive noise Impacts on adjacent areas. g. Implement the same restrictions on other users of the Winkin Sports Complex to minimize the impact of events on adjacent areas. 5. The College agrees to establish the following priorities for the use of the Mon Sports Complex: OY241 1. College Events and College Sponsored Events 2. Minor League Baseball Games 3. Community Leases and Uses. Further, College agrees to lease the Winkin Sports Complex to the Bangor School Department, Bangor Department of Parks and Recreation, or other City of Bangor sponsored events or activities at the lowest possible rate to cover actual out of packet expenses and normal maintenance costs resulting from hosing these events. 6. College shall make available a one-time full tuition scholarship for four years for a resident Bangor student, bared on need. The estimated value of this scholarship is approximately $50,000. This award will be made to the student as a "City of Bangor Scholarship" and will be awarded and publicized in accordance with Attachment A to this agreement In the event that the recipient fails to use the full amount of the scholarship, College will insure that any unused value is made available to one or more other resident Bangor students. 7. The City shall provide College an amount not to exceed three hundred eight -one thousand ($381,000) dollars toward the estimated One million forty-seven thousand ($1,047,000) dollar cost of this project. Should final project costs be less than estimated, any savings shall be first credited toward the City's contribution. 8. College agrees to provide $290,000 of its own funds and $376,000 In other contributed funds toward the total cost of the project 9. The City of Bangor shall reimburse College for 36.4% of any payments made by College to contractors undertaking the designated expansion work up to a total of $381,000. College shall submit proof of payment to City including contractor Invoices and certification of amount of work completed. 10. Upon completion of this expansion of the wiinkin Sports Complex, the College and its lessees and users shall be responsible for all costs associated with its operation and College agrees not to request from City any contribution toward there costs other than those outlined in paragraph 5 above. 11. The tens of this agreement shall be ten years during which time College shall agree to make its best efforts to insure that a minor league baseball team continues to operate at the Winkin Sports Complex and to abide by the priorities and pricing preferences outlined in paragraph 5 above. IN WITNESS WHEREOF this Agreement has been executed, sealed and delivered in duplicate counterparts as of the day and year first above written. aa—zat MUSSON COLLEGE By Witness Name: Its: CM OF BANGOR BY Witness Edward A. Barrett 16: City Manager o3—z91 ATTACHMENT A CRY OF BANGOR SCHOLARSHIPS 1. City of Bangor Scholarship shall be awarded from the eligible applicant pool on the basis of multiple factors, Including but not necessarily limited to, financial need, academic excellence, and special talents including creative accomplishment, athletic ability, and service to the community. 2. Scholarship will be available to student in any major at Husson College. 3. The College and the City shall cooperate In publicizing the availability of this scholarship. 9. The College will provide the Oty with the name of the student to which this scholarship is awarded and will cooperate with the City in publicizing and recognizing the award of this scholarship. 5. The scholarship will be awarded for Academic Year 2009-2005. o3-ut NOW, THEREFORE, by the City Council of the City of Bangor, be it ORDERED THAT the City Manager, on behalf of the City of Bangor, is bereby authorized to execute an Agreement between the City of Bangor and Hasson College. Said Agreement shall be in a form acceptable to the City Solicitor and substantially in the some form as attached hereto.