Loading...
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. 03-305 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