HomeMy WebLinkAbout2001-03-14 01-145 ORDERItem Ne. at -I45
Date: March 14, 2001
Item/Subject: Authorizing Development Agreement- Maine Public Broadcasting
Corporation- 65 Texas Avenue
Responsible Department: Community and Economic Development
The Maine Public Broadcasting Corporation Is renovating its grounds and administration building at 65
Texas Avenue in Bangor at an estimated cost of $07,OOD. Fund raising efforts have left a $237,000
shortfall and City assistance has been requested to Pond improvements that will improve acreaOtallily to
the MPBC facilities for the elderly and disabled. This agreement would approve a Community
Development loan of $77,300 to MPBC for handicapped access improvements. The loan Is for a 20 year
period at 3% interest. In any year in which MPBC employs 60 or more individuals at their location in
Burger, the payment amounts due to the City will be forgiven.
In addition, MMIC has agreetl to provide the City with a right of first refusal on any surplus or excess
television equipment located in Bangor which the Qty may desire for Its cable stations. Further, MPBC
will provide City personnel with production assistance for approved City and School video projects. Both
of these provisions will run the term of the loan and be provided to the City a[ no cost.
The overall intent of this effort is to assist MPBC with its renovation project and to provide incentives her
continued operation and employment in /angor. Unlike many other non-profit agencies, MPBN has the
option of locating anywhere within the state and several years ago seriously evaluated the option of
dosing or significantly downsizing their operations in Bangor. The possible transfer of surplus equipment
and production assistance which are included in the agreement cudine the effortto forge a long -tens
cooperative relationship between MPBC and me City.
Department Head
Manager's Comments: This approach has been reviewed and is recommended by the Shetegic Issues
Committee.
City Manager
Associated Information: Order, Agreement
Qy Finance Director
Y Passage
_ First Reading Page _ of_
Referral
01-145
As Amended
Substitute Copy
Anaignwl to Councilor
u CITY OF BANGOR
(TITLE.) Order, Authorizing Development Agreement—Mah1a PBWk
Broadcasting Corporation— 65 Texas Av6nae
By the Gly cmana aFfhe Oty of avow.
ORDERED, THAT
WHEREAS, the Maine Public Broadcasting Corporation (hereinafter"MAK") is devrous
of renovating gs grounds and administration building at 65 Texas Avenue In Bangor; and
WHEREAS, Me estimated cost of Improvements associated with the planned
improvements (hereinafter "Project') is estimated to be $637,000; and
WHEREAS, completion of Me Project will create a significant pudic benefit by providing
Improvements which All make the MPBC faclitles accessible to Me elderly and handicapped,
and will ensure continuing employment opportunities for 64 persons at the MPBC Bangor
location including the pdmary heads of Radio, Telewsion Programming, Technology and Human
Resources; and
WHEREAS, unlike many other nen-profit corporations, MPBC has the option of locating
anywhere within the State of Maine and previously has discussed and considered downsizing
Meir operations in Bangor; and
WHEREAS, providing assistance W MM3C to bring its facilities into compliance with the
Americans with Disablides Act is an eligible activity under the federal Community Development
Block Grant Program;
NOW, THEREFORE, BY THE C COUNCB OF THE CRY OF BANGOR, BE U ORDERED
THAT the qty Manager is hereby authorized to execute a development agreement with Maine
Public Broadcasting Corporation providing for the renovation of Its facilites at 65 Texas Avenue,
by providing a Community Development loan not W exceed $]],300 for handicapped access
Improvements, under terns and conal substantially as attached hereto, and in a final form
approved by the City Solki or Assistant CM Solic nr.
01-145
G AssignedtoCouncilor Palmer perch 14. 2001
CITY OF BANGOR
(MLE.)Order, Authorizing Development Agreement -Maine Public
Broadcasting Corporation- 65 Texas Avenue
By the OlyO w,ar of ft OTY aBingon
ORDERED, THAT
WHEREAS, the Maine Public Broadcasting Corporation (hereinafter "MPBC") is desirous
of renovating fts grounds and administration building at 65 Texas Avenue In Bangor; and
WHEREAS, the estimated cost of improvements associated with the planned
Improvements (hereinafter "Projei Is estimated to be $637,000; and
WHEREAS, completion of the Project will create a significant public bereft by proyding
Improvements which will make the MPBC facilities accessible W the elderly and handicapped,
and will ensure continuing employment opportunities for A persons at the MPBC Bangor
location including the primary heads of Radio, Television Programming, Technology and Human
Resources; and
WHEREAS, unlike many other non -prof[ corporations, MIRK has the option of locating
anywhere wlUdn the State of Maine and previously has discussed and considered closing or
downsizing their operations in Barger; and
WHEREAS, providing assistance to MPBC to bring Be facilities Into compliance with the
Americans with Disabilities AQ is an eligible activity under the federal Community Development
Block Grant program;
NOW, THEREFORE, BY THE CITY COUNCIL OF THE CITY OF BANGOR, BE IT ORDERED
THAT the Oty Manager is hereby authorbed to execute a development agreement with Maine
Public Broadcasting Corporation providing for the renovation a Its fadlities at 65 Texas Avenue,
by providing a Community Development loan not to exceed $P,300 for handicapped access
Improvements, under terms and conditions substantially as attached hereto, and in a final form
approved by the Ory Salidtor or Assistant City Solicitor.
IS Cin cuggcn
March 14. 2001
Motlou for Passage 11ade
am Seconded
Motion to Amend by
Substitution Made and
Seconded
Motion to Pass As Amerced
by Substitution Mme and
Seconded
Passed As A®euded by
Substitutim
T4
(TRLE,) Authorizing Meveloonent Ureemmt -
Ma1ne Public Broadcasting Corporation -
65 Teras Avenue
A.agnaa M councilor � We&W
-9�0.3av�v
06/2212001 Page i
MPBC - ADA lmpmvements
'9^Tfp
Compound Period ....:
Daily
Nominal Annual Rate....:
3.000 %
Effective Annual Rate...:
3.045 %
Pedodic Rate ..................:
0.0082 %
Daily Rate .......................:
0.00822%
CASH FLOW DATA
Evert -
StartDate
Amount
Number Periotl
End Dale
1 Loan
07/01/2001
77,300.00
1
2 Payment
07/01/2002
5,218.54
20 Annual
07/01/2021
AMORTIZATION SCHEDULE - Normal Amortization
Data _.
Payment
Interest
_. Principal
Balance
Loan 07/01/2001
77,300.00..
2001 Totals
0.00
OAO
0.00
1 07/01/2002
5,218.54
2,354.04
2,864.50
74,435.50
2002 Totals
5,218.54
2,354.04
2,864.50
2 07/01/2003
5,218.54
2,266.80
2,951.74
71,483.76
2003 Totals
5,218.54
2,266.80
2,951.74
3 07/01/2004
5,218.54
2,182.97
3,035.57
68,448.19
2004 Totals
5,218.54
2,182.97
3,035.57
4 07/01/2005
5,218.54.
2,084.47
3,134.07
65,314.12
2005 Totals
5,218.54
2,084.47
3,134.07
5 07/01/2006
5,218.54
1,969.03
3,229.51
62,084.61
2006 Totals
5,218.54
1,989.03
3,229.51
6 07/01/2007
5,218.54
1,890.68
3,327.86
56,756.75
2007 Totals
5,218.54
1,890.68
3,327.86
7 07/01/2006
5,218.54
1,794.31
3,424.23
55,332.52
2008 Totals
5,218.54
1,794.31
3,424.23
8 07/01/2009
5,218.54
1,685.06
3,533.48
51,799.04
2009 Totals
5,218.54
1,685.06
3,533.48
9 07/012010
5,218.54
1,577.45
3;641.09
48,157.95
2010 Totals
5,218.54
1,577.45
3,641.09
10 07/01M011
5,218.54
1,466.57
3,751.97
44,405.98
2011 Totals
5,218.54.
1,466.57
3,751.97
06/22/2001 Page 2
MPEG -ADA Improvements
Date
Payment
Interest
Pnndp l
Balance
11
07/012012
5,21854
1358.07
3,862.47
40543.51
2012
Totals
5,218.54
1,356.07
3,862.47
12
07/012013
5,218.54
1,234.68
3,983.86
38,559.65
2013
Totals
5,218.54
1,234.68
3,983.86
13
07/012014
5,218.54
1,113.36
4,105.18
32,454.47
2014
Totals
5,218.54
1,113.36
4,105.18
14
07/01/2015
5,218.54
988.34
4,230.20
28,224.27
2015
Totals
5,218.54
988.34
4,230.20
15
07/01/2016
5,218.54
861.91
4,356.63
23,867.64
2016
Totals
5,218.54
861.91
4,356.63
16
07/012017
5,218.54
726.85
4,491.69
19,375.95
2017
Totals
5,218.54
726.85
4,491.69
17
07/01/2018
5,218.54
590.06
4,628.48
14,747.47
2018
Totals
5,218.54
590.06
4,628.48
18
07/012019
5,218.54
449.11
4,769.43
9,978.04
2019
Totals
5,218.54
449.11
4,769.43
19
07/012020
5,218.54
304.71
4,913.83
5,064.21
2020
Totals
5,218.54
304.71
4,913.83
20
07/01/2021
5,218.54
154.33
5,064.21
0.00
2021
Totals
5,218.54
154.33
5,064.21
Grand Totals
104,370.80
27,070.80
77,300.00
01-145
As Amended
substitute Copy
DEVELOPMENT AGREEMENT
This Agreement is made and entered into as of March_, 2001 by and between the City of
Bangor (hereinafter "City"), a municipal evaporation located in Bangor, County of Pensioned, Smte of
Maine, and Maine Public Broadcasting Corporation (hereitufiar 'MPBC").
WITNESSETH
WHEREAS, the MPBC is desirous of renovating its grounds and administration building at 65
Texas Avenue in Bangor; and
WHEREAS, the edimamd cost of improvements associated with the planned improvements
(heseinaBer "Project") is estimated to be $637,000; and
WHEREAS, completion of Me Project will crew e a significant public benefit by providing
improvements which will make the MPBC facilities accessible to the elderly and handicapped, and will
ensam continuing employment opportunities for 64 persons 9 the MPBC Bangor location including the
primary heads of Radio, Television Programming, Technology and Human Resources; and
WHEREAS, providing assistance to MPBC to bring its facilities into compliance with the
Americans with Disabilities Act is an eligible activity under the federal Community Development Black
Great Progress
NOW, THEREFORE, IN CONSIDERATION of me mutual promises and easements contained
in this Agreement, Ne City and MPBC agree as follows:
1. Subject to Ne provisions of this Agreemen4 MPBC agrees to undertake and complete
improvements to MPBC facilities 065 Texas Avenue in Bangor at an estimsrd ectal
p jecl cost of $637,00 consistent with MPBC's Application for Financing to the City
of Bangor under its Community Development Program dried December 27, 2000.
2. MPBC agrees to provide City evidence of a binding construction co must, or contruse
providing for site work and building construction costs for the Project of not leas than
S3g5,000.
3. City agrecato provide MPBC a loan under its Community Development Block Grant
program, no earlier Man July 1, 2001 and no later Nan September 30, 2001, in an
amount not to exceed $77,300 for the purpose of financing the ADA improvements
included in the Project with the following reams:
a. The loan shall have atefm oftwenty (20) years and an interest ram of3%with
annual payment amounts due in accordance with the a0ached schedule A.
b. The loan amounts due the City shall be forgiven for any year in which Maine Public
Broadcasting employs 60 or more individuals at their location on Texas Avenue in
Emagor. MPBC shall annually certify employment levels in effect in Bangor as of
April 19 of each year.
01-145
As Amended
Sobutltue Copy
a. During the teen of this loan, MPBC shall provide right of first refusal to the City of
Bangor for any surplus or encays television equipment located in Hangar which is no
longer needed by MPBC and which may be of use or value m the City of Bangor for
purposes of opending or supporting per City's government and school department
cable access channel. This shall include the necessary training for Cityand school
personnel in the operation of this equipment. Equipment and paining shall be
provided d no cost to me City of Bangor.
d. During the mum of the loan, MPBC shall provide authorized City and School
Deportment personnel with production assistance on a time available basis for
production work related to the City's government and school department access
channels. This shall include direct training and editing. assistance for City and
school personnel working on approved video projects. Such projecm and level of
involvement by Maine PBS will be mutually agreed upon via an annual written plan.
Within W days of the signing of this document. City personand and Maine PBS sniff
will outline such plan for me coming year. Such plan shall be written, nocuously
agreed upoq adapted and/or modified upon mutual mused, and updated normally.
Such services and training shall be provided to the City at no mat
e. MPBC shall execute and deliver to the City such ben documents as the City deems
necessary or appropriate to evidence me loen hereunder and m provide edeamor
security for the same. The fond and substance of such documents shall be
s&isfestory, m City's counsel
C Upon any sale or tlansfer of the premises, the City Community Development lmn
As][ become due and payable, a of the date of said sale or transfer, in full, together
with all accrued interest thereon.
g. All laborers and mechanics employed by contractors or subcontractors on the
construction work finanW "a City of Bangor shall be paid wages d rates not
leas than those travelling on similar construction in the locality as determined by she
Secretary of Labor in accordance with the Davie -Baron AM as anoenddl (40 U.S.C.
276a -276a-5) and the Contract Work Hours and Safety Standards Ad (40 U.S.C. 327
ea saq.) as supplemedd by Department of Labor regulations.
4. MPBC agrees that a shall keep and maintain books, records and other documents
relating directly m the Project and agrees thd any duly authorized representative of the
City shall, in all reasonable times, have access to and the right to inspect, copy, audit and
anon rte all such books, records and other documents of MPBC until completion of me
Project. MPBC shall ¢neper thd similar provisions are included in all contracts or
subcontram entered but in connection with this Project.
5. MPBC agrees thd any duly command representative of the City shall, at all reasonable
fired, have access m any portion of the Project until its completion add a permanent
Occupancy Permit fm the project has been issued by the Cay.
01-145
As Amended
Substitute Copy
6. MPBC agrees that development of the project shell be in accordance with all applicable
Community Development Block Greet regulations, Federal, Brute, and City laws,
ordinances and building codes.
1. MPBC hereby acknowledges that the City, in agreeing to provide financial assistance
MPBC for the Project, relied in material pan upon the assured completion of me Project
and MPBC aggeres to use its best efforts m substantially complete the Project no Inter
man lune 30, 2002.
S. Except as provided in this Agremient,tend substantial completion of the Project, MPBC
shall net assign its rights under this Agreement without me prim written cometh of City,
which consent shall not be unreasonably withheld, delayed or conditioned. Tfie City's
obligations hereunder are contingent upon MPBC's compliance with the terms mtd/m
conditions set fourth in this Agreement.
9. It is intended by the parties that this Agreement shall operate as a contract under seal, in
ateordance with 14 MRSA Sec.751.
Any notice which either party desires or is required m give to the other in connection with this
Agreement shall be in writing and shall be sent postage prepaid, certified mail, mum receipt
requested, as follows:
Ifm City Edward A. Barren, City Manager
City of Bangor
73 Harlow Street
Bangor, Maine 04401
Ifto MPBC Robert H. Gardiner, President
Maine Public Broadcasting Corporation
1450 Lisbon Street
Lewiston, Maine 04240-3595
Or such other person and/or address as may be identified in writing by the patties.
IN WITNESS WHEREOF this Agreement has been executed, sealed and delivered in duplicate
counterparts as of the day and year fast above wriden.
MAINE PUBLIC BROADCASTING
CORPROAiION
By
Gil Maxwell, Chief Operator of Management
CITY OF BANGOR
By
Edward A. Barren
Its City Manager
01-165
DEVELOPMENT AGREEMENT
zw
3arc¢
This Agreement is made and entered into as of Marth 2101 by and between the City of
Bangor (hereinafter "City"), a municipal corporation located in gauger, County of Penobscot, Sate of
Maine, and Maine Public Broadcasting Corporation (bereinafter MPBC").
WITNESSETH
WHEREAS, the MPBC is desirous of rearming its grounds and administration building a 65
Texas Avenue in Danger; and
WHEREAS, the estimated cost of improvements aomciawd with the planned improvements
(hereirmtter "Project") is estimated to be $637,000; and
WHEREAS, completion of the Project will create a significant public benefit by providing
improvements which will make the MPBC facilities accessible to the elderly and handicapped, and will
onswe continuing employment opportunities for 64 persons at the MPBC Bangor location including the
prmtary beads of Radio, Television Programming, Technology and Humen Resources; and
WHEREAS, providing assiatnnce W MPBC to bring its facilities into compliance with the
Americans wit Disabilities Act is an eligible activity under the federal Community Development Block
Grant Program;
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained
in tis Agreement, the City and MPBC agree as Pollows:
1. Subject to the provisions of this Agreement, MPBC agrees W undertake and complete
improvements W MPBC facilities at 65 Texas Avenue in Bangor at an estimated total
project cost of $637,000 consistent with MPBC's Application for Financing W the City
of Bangor under its Community Development Program dated December 27, 200.
2. MPBC agrees to provide City evidence of a binding construction contract, or contracts,
providing for site word and building construction costs for the Project of not less tan
$385,000.
3. City agrees W provide MPBC a loan under its Community Development Blccl:Grant
Program, no earlier than July I, 2001 and no later than September 30, 2001, in an
Dunt not W exceel $77,300 for the purpose of financing the ADA improvements
included in the project with the following terms:
a. The loan shall have atom of Newly (20) years and an interest rate of3%with
annual payment amourds due in accordance with the attached schedule A.
b. The loan mounts due the City shall be forgiven for any year in which Maine Public
Broadcasting employs 60 or more individuals at Their location on Texas Avenue in
Burger. MPBC shall annually certify employment levels in efft in Bangor as of
April 1st of each year.
OI -365
During the Sort of this loan, MPBC shall provide right of Ont refusal 0 Me City of
c Bangor Por any surplus or excess television equipment located in Bangor which is no
longer needed by MPBC and which may be of use or value to the City of Bangor for
purposes of operating or supporting Me City's government and school depamnent
cableacccsschannel. This shall include Me necessary housing for City and school
persmmel in Me operation ofMis equipment Equipment and running Mall be
provided at no cost to the City of Bangor.
d. During Me two of Me loan, MPBC shall provide authonsad City and School
Department personnel with production assistance on atime available basis for
production work related to the City's government and school department access
channels. This shall include direct training and editing assistance for City and
school personnel working on approved video projects. Such projects and level of
evolvement by Maine PBS will be mutually agreed upon via an annual written plan.
Within 90 days of Me signing of this document Citypersonnel and Maine PBS staff
will outline such plan for the coming year. Such plan shall be written, mutually
agreed upon, a lap[d and/or modified upon mutual consent, and slowed annually.
Such services and training shall be provided to Me City at no cost.
e. MPBC shall execurc and deliverm Me City such loan documents as Me City deems
pessary or appropriate M evidence Me loan hereunder and to provide adequate
securitygerthesame. The form and substance rat such documents shall bs
satisfactory to Citys counsel
f Upon any sale or transfer of has premises, Me City Community Development loan
shall become due and payable, as of the date of said sale or transfer, in full, together
with all accrued interest thereon.
g. All laborers and mechanics employed by contractors or subcontractors on Me
construction work financed by Me City of Bangor shall he paid wages at rates not
less Man those prevailing on similar construction in the locality as determined by the
Secretary of Labor in accordance with the Davis -Bacon Act, as emended (40 U.S.C.
276a -276a-5) and the Contract Work Hours and Salty Standards Ad (40 U.S.C. 327
et ".) as supplemented by Department of Labor regulations.
4. MPBC agrees that it shall keep and maintain books, records and other documents
relating directly to the Project and agrees that any duly authorized represemmtive of the
City shall, at all reasonable times, have access to and the right to inspect copy, audit and
examine all such books, records and other documents of MPBC until completion of Me
P jeer. MPBC shall ensure that similar provisions are included in all contracts or
subcontracts entered into in connection with this Project.
5. MPBC agrees Mat any duly authorized representative of Me City shall, at all reasonable
times, have access to any portion of the Project until its completion and a permanent
Occupancy Permit for Me Project has been issued by the City.
fi. MPBC agrees that development of MeProject shah] be in accordance with all applicable
Community Development Block Grant regulations, Federal, State, and City laws,
onliuences and building codes.
]. MPBC hereby acknowledges that me City, in agreeing to provide financial assistance to
MPBC for the Pecject, relied in material part upon the assured completion of me Projwt
and MPBC agrees to use its beat efforts to substantially complete the Projwt no later
than June 30,2002.
8. Except as provided in this Agreement until substantial completion of Me Projwl, MPBC
shall not assign its rights under this Agreement without the prior written consent of City,
which consent shall not he unreasonably withheld, delayed or conditioned. The City's
obligations bereunder are contingent upon MPBC's compliance with the teems and/or
conditions $et form in this Agreement.
9. It is intended by the parties that this Agreement shall opefnte as a contract under seal, in
accordance with 14 MRSA Sec]51.
Any waste which either party desires or is required to give to the other in connection with this
Agreement shall be in writing and shall be sent postage prepaid, certified mail, reform receipt
requested, as follows:
If ro City: Edward A. Barren, City Manager
City of Bangor
73 Harlow Street
Bangor, Maine W401
Ifto MPBC: Robert H. Gardiner, President
Maine public Broadcasting Corporation
1450 Lisbon Street
Lewiston, Maine 04240-3595
Or such other person and/or address as may be identifiW in writing by me parties.
IN WITNESS WHEREOF this Agreement has been executed, sealed and delivered in duplicate
counterparts as of Me day and year first above written.
MAINEP LIC ADCASTTNG
R I
By
Gil Maxwe, hie peratorof Management
CC.�IIT(�Y/t OF BANGOR
By G#�/ xj 1.
Edward A. Barren
Be City Manager