HomeMy WebLinkAbout2003-09-22 03-305 ORDERItem No, 03-305
Date: September 22. 2003
Item/Subject: ORDER, Authorizing the Execution of an Agreement between the CLLy of
Bangor and Musson College -- John Winkin Baseball Complex
Responsible Department: Legal
Hussain College has raised approximately $2,350,000 for the purpose of construd ing and ImproNng the
John Wnkin Baseball Complex on the Husson College Campus. Husson has requested $301,000 from the
City M enable them to complete Me project By Coundl Order 03-241, dated July 14, 2003, the City
Council approved an agreement between the Ory of Bangor and Husson College, but Husson and the
Maine Wmberjacks were unable to execute a lease by July 31, 2003 as required by Me agreement.
This Order would authorise are City Manager to execute an Agreement with Husson. The terms of the
Agreement Induce a $50,000 scholarship from Hussar to a Bangor student, Me use of the facility by Me
Bangor School DepartmeM, Bangor parks & Romanian Department, and other Bangor -sponsored events
at the lowest possible costs. It also requires Husson to have a lag -term agreement with a professional
minor league baseball team by October 15, 2003.
Department Head
City Manager
Associated Information:
Budget Approvab..
Rnance Director
CitySolicitor
Introduced far
�, passage
_ First Reading page 1 of 8
_ Referml
03-305
Asdgned b(:owwilw 14em61e SeP[essiber 22. 2003
Yi s
CITY OF BANGOR
lnrLE.J
ORDER, Authorizing rise Execration ofav Agreement between the City of
Bangor and Human College -John WhBin Baseball Complex
By Nie Cry Cbumv Of ft CJIy OfBamgae
ORDEREU,
WHEREAS, Husson College has worked on aproject whichwiH improve the
JohnW fain Baseball Complex aW allow for the complex to become the home field of a
professional mioorleaguebaseball team;and
WHEREAS, improvement to the JohnWinlcm Baseball Complex will not only benefit
the College but will allow f additional community use of the field for high school games and
pmetices, sport camps, Senior Little League World Series practices, snit other events; and
WHEREAS, Hasson College will provide a $50,000 scholarship to a resident Bangor
student and make the John Winkin Baseball Complex available to the Bangor School
Department, Bangor Parks and Reaeatim Department and for City of Bargor sponsored events
at the lowest possible cost; and
WHEREAS, the preseece of professional minor league baseball team playing its home
games at the Complex will provide economic benefits to the commormy and, in particular, to the
near by Broadway commercial omidor; and
WHEREAS, the professional 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 ofthis team in Bangocwill provide mother attraction to bring.
--_--
WHEREAS, the College has mixed approximately $2,350,000 for the purpose of
constructing and improving the John Winkin Baseball Complex including significant donations
from private individuals; and
WHEREAS, finaneial assistance from the City ofeangor is essential to allow the next
phase of improvement to go forward, and these improvement are essential to allow additional
community utilization of the field aM bring professional minor league baseball to Bangor; aM
WHEREAS, the CityCouncil had previously approved an Agreement between the City of
Bangor amt Human College by Council Order 03-241; and
IS CITY COOgCIL
September 22, 2003
gotten Made and Seconded
for Passage
Bill Beardsley. President of
Beason College, thanked the
Council its support. Nathaniel
Rosenblatt. valley Avenue.
objected to Council spending
Public funds and to the mise
issue regarding this project.
Leslie Rosenblatt, valley
Avenue, presented a letter t
the Council uhitb was signed by
esidents, of the neighborhood
that my be affected by the new
Studies. Andres, Hamilton,
attorney repre entigeusson
College, stated that many of
the. issues regarding this
project would be addressed at
a Special Planning Board meting
tomorrow night. Chip Hutchins,
owner of the Lumberjacks, stated
that he my gone up the Starting
floe of the gems and will strive
to be a 'heed neighbor' to the
residents of the area. Steve
Thomas, landlord in this area,
expressed concerns rregarding
moise levels.
Matfon for Passage Doubted
Vote; ) yes, I no, 1 absent
Councilors series yes: Allen
Crowley. Faceless, Bentley.
Palmer, Refused, and Trouble
Councilor voting An: Farrington
Councilor obsess; Greene
Passed
p 03-305
O RORR
(TITLE,) Authorizing the execution of en
Agreesa Citya ger anal
Hessen College - John winkin Baseball Complex
Assigned W Councilor
0i�
(`
03-305
AGREEMENT
This Agreement is made and entered Into as of S<'6e `L7 003 by and
between the City of Bangor (hereinafter "City'), a manic pal 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 John Winkin Baseball 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 W the John Winkin Baseball 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 professional 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
_.. fiends; antl
WHEREAS, the College has raised approximately $2,350,000 for the purpose of
constructing and improving the John Winkin Baseball Complex including significant
donations from private individuals; and
WHEREAS, financial assistance 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 league baseball to
Bangor.
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WHEREAS, said Agreement requned that Hasson College enter into a lease wits the
Bangor L=berjacks by July 31, 2003; end
WHEREAS, Hasson College and the Bangor Lumberjacks have yet to wen into a lease
and need additional fime to conclude negohatiom sad expect the losse to be executed by October
15,2W3,
NOW, THEREFORE, by the City Council of the City ofBenpr, he it
ORDERED THAT the City Manager, on behalf of the City of BmWr, is hereby
authoriwd toexecae an Agreement between the City of Bangor and Husson College. Said
Ageement shall be in a form acceptablew the City Solicitor and substantially in the same form
as attached hereto.
O3-305
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants
contained in Nis Agreement, the City and the College agree as follows:
1. On or before October 15, 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 John Winkin Baseball Complex beginning with the 2004 -baseball season. This
lease shall be for a minimum of five years, and an exerted 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 professional
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 to obtain all required permits, including but
not limited W City of Bangor Site Plan approval and State Sibe Location of
Development Act permit modifications necessary for this project.
4. The College shall undertake a good faith effort, in conjunction with the Bangor
Lumberjacks and other users of the complex, to mitigate any potential off-site
Impacts related to the operation of the complex inclutling, 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 to assist in
minimizing Its Impact on surrounding properties. In particular, college shall assure
the following:
a. Adequate on -campus parking shall be available W patrons attending events at
the John Winkin Baseball Complex and on -street parking on adjacent public
streets will be discouraged.
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. That it will use good faith efforts in working with the City and the surrounding
neighborhood to engineer, adjust and monitor the public address system.
d. Limit the use of fireworks or other similar devices no more than four
occasions per year.
e. Limit the sale of alcohol to beer and cease sales after 7° inning.
f. 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 John Winkin Baseball
Complex to minimize the Impact of everts on adjacent areas.
S. The College agrees to establish the following priorities for the use of the John
Wlnlan Baseball Complex:
03-305
1. College Events and College Sponsored Events
2. Professional Minor League Baseball Games
3. Community Leases and Uses.
Further, College agrees to lease the John Winkln Baseball 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 pocket expenses and normal maintenance costs resulting from hosting these
events.
6. College shall make available a one-time full tuition scholarship for four years for a
resident Bangor student, based 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 avallable to one or
more other resident Bangor students.
7. The qty gall 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 Cm/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 John Winkin' Baseball 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 these
costs other than those outilned in paragraph 5 above.
11. The term of this agreement shall be ten years during which time College shall agree
W make its best efforts to Insure that a minor league baseball team continues to
operate at the John Winkin Baseball Complex and to abide by the priorities and
pricing preferences outlined in paragraph 5 above.
ATTACHMENT A
CITY 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.
4. The College will provide the City 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.
S. The scholarship will be awarded for Academic year 20042005.
IN WUNESS WHEREOF this Agreement has been executed, sealed and delivered
in duplicate counterparts as of the day and year first above wrRten.
�.r/
HUSSON COLLEGE
=/7171, ,
CITY OF BANGOR
sr f
Edward A. Barnett
I[s: City Manager