07/14/1980 Board of Public Works Minutes

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REGULAR MEETING JULY 14. 1980 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, July 14, 1980, by President Patrick M. McMahon, with Mr. McMahon, Mr. Richard L. Hill and Mr. Joseph E. Kernan present. Deputy City Attorney Terry A. Crone was also present. MINUTES OF PREVIOUS MEETING APPROVED Upon a motion made by Mr. Hill, seconded by Mr. Kernan and carried, the minutes of the July 7, 1980, regular meeting of the Board were approved as submitted. PUBLIC HEARING - TAXI LICENSE DENIAL (JOHN T. BREISCH) At the June 23, 1980, meeting of the Board, the recommendation of the Controller to deny the taxi license application of John T. Breisch was approved. Mr. Breisch had been advised of his right to appear before the Board, and a hearing had been scheduled on July 7, 1980. Due to the absence of Mr. Breisch and the Board President, the hearing was rescheduled to July 14, 1980, and Mr. Breisch had been so notified. Mr. Breisch was not present nor was he represented by anyone. Upon a motion made by Mr. McMahon, seconded by Mr. Hill and carried, the recommendation of Mr. Kernan to deny the license was re- confirmed. Mr. Kernan abstained from voting on the matter. APPROVAL OF DOCUMENTS - FIRST BANK CENTER- MARRIOTT HOTEL PROJECT Mr. Thomas J. Brunner, Jr., legal counsel representing the city on the First Bank Project, submitted the following documents for Board approval and.execution: 1. Joint Development Agreement 2. Agreement for Conveyance of Public Improvements - Rahn 3. Agreement for Conveyance of Public Improvements - FBT 4. Quitclaim Deed and Bill of Sale - Rahn 5. Quitclaim Deed and Bill of Sale - FBT 6. Easement Agreement and Grant of Rights in Easement Areas - Rahn 7. Easement Agreement - FBT Mr. Brunner explained that the above agreements were necessary in order to achieve disbursement of the first payment from the bond proceeds put in trust for Rahn Properties by a $10,000,000 industrial development bond. He stated that, in October of 1979, a Joint _ Development Agreement had been entered into; however, since that time, a new partner had joined in the matter, and the legal counsel of Jacobs, Visconsi and Jacobs had asked for certain amendments to the Conveyance Agreement and Joint Development Agreement which would expand terms of these documents. Mr. Brunner stated that the Agree- ment sets out the rights and responsibilities of the parties involved; the city committed to building the garage, public atrium and walkway, the hotel to construct a first- class, 300 -room hotel, and the bank being required to construct an office bank building. Mr. Brunner advised that the Agreement also sets out a completion date of October, 1981, for the hotel and bank portions of the project. Mr. Brunner again stated that the Agreement was necessary in order to pay out from the trust fund and to satisfy the Department of Housing and Urban Development that. the money invested was being spent accord- ing to the grant application and agreement for funds. He stated that the investment by the city would amount to $7,600,000 and the investment by the hotel and bank would total $21,096,000. Mr. Brunner stated that all parties must enter into the Joint Development Agree- ment The Conveyance Agreements, one between the city and Rahn, and the other between the city and FBT Bancorp, modified the agreements entered into in October, 1979, setting out the responsibilities of Rahn and FBT. Mr. Brunner advised that the city would receive installment payments of $21,600 from both parties provided in a