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HomeMy WebLinkAbout1998-06-08 98-253 RESOLVEMO CIL ACTION Date: Susie S. 1996 xtns No. 98-253 Item/Subject: Approving Commmaity Development ResidmYnl Rehabilitation Loan - Hammond Street Coorlyard, L.P. Responsible Department: Community 6 Economic Development Co®¢¢Cary: This Council Order would approve a Community Development Residential Rehabilitation Loan to Hammond Street Courtyard L.P. in the amount of $150,000. Hammond Street Courtyard, L.P., with Robert and Suzanne Kelly and Richard cattelle as General Partners, intend to rehabilitate the four buildings at 84-120 Hammond Street into a Pat of retail, office and residential space at an estimated cost of $1.7 million. Proposed Sources of financing Limited Partner Investment . . . . . . . . . . . . . . . . . . . . $350,000 Dent Financing . . . . . . . . . . . . . . . $1,000,000 City of Bangor Tax Increment Financing . . . . . . . . . . . . . $200,000 City of Bangor Community Development Loan . . . . . . . . . . . . $114..0.0.0 Total . . . . . . . . . . . . . . . . . . . . . . . . . 4,700,000 v Dep lent He wanager's consents: C+-ia KA & art City Manager Associated Information " Budget Approval: Finance DIYPCCOY Legal Approval: �ryj('—II ^^ V/• W — Ci[y SO3iCi tOr Introduced For 0 Passage 0 First Reeding 0 Referral Pagoyof 19_ Assigned to Councilor Aube June 8, 1998 i CITY OF BANGOR Approving Community Development Residential (TITLE.) �EDDIUEa......._......_....................._...._..._.._.........................................._...._..._......_ Rehabilitation Loan - Hammond Street Courtyard L.P. By the City Coukit of the My ofBansnr: RESOLVED. WHEREAS, the Community and Economic Development Committee of the City Council of the City of Bangor has reviewed the application of Hammond Street Courtyard, L.P. for a Community Development Residential Rehabilitation Loan in the amount of One HuMred Fifty Thousand Dollars ($150,000.00) for the rehabilitation of the property owned by the applicants located at 84-120 Hammond Street and WHEREAS, the City and Hammond Street Courtyard, L.P. entered into a Development Agreement dated March 13, 1998 related W 84120 Hammond Street; and WHEREAS, it has been determined that the applicant meets all of the eligibility requirements of the Residential Rehabilitation Loan Program as it applies to investor owned property; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bangor that the application by Hammond Street Courtyard, L.P. for a Community Development Residential Rehabilitation Loan in the amount of One Hundred Fifty Thousand Dollars ($150,000.00) is hereby approved. The terms for this loan shall be at 6.25% interest for 20 years. BE IT FURTHER RESOLVED, THAT the Director of Community and Economic Development is hereby audwrized in issue a loan commitment letter to Hammond Streit Counym, L.P., substantially under the terms of that attached hereto, and in a form approved by the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL June 8. 1998 Councilor Rahman abstained from 98-253 discussion and vote y Motion for Passage fl E 5 0 L V E made and seconded Passed idential CnmmuMty 0 v Loan - ftr idential CouRebrtyard L.P.ion Loan -Hammond Street Courtyard L. CLERK 98-253 ciry o MAINE P n ^^M°.ETAaar oaaot CEPAXRAFM d CO WNRY ECCNCMIC DMWPMEM 24rrem w -i2 FAx2eM454"t Tune_, 1998 Robert and Susame Kelly Richard S. Curate Hammond Street Courtyard, L.P. c/o K.C. Development, Inc. 73 Pine Street Burger, Maine 04401 Dear Bob, Sumane and Dick L CITY COMMUNITY DEVELOPMENT LOAN Pursuant m the application of Hammond Street Courtyard, L.P., a Maine Limited Partnership, (hereinafter referred to as the "BORROWER") for partial financing of the attluisition, improvement and mhabilitation oftheproperty locatM a M,104-108, and 120 Hammond Street, Bmigor, Maine (bereinafta refemdto as the "Project') the City of Bangor (hereinafter referted to as the "CITY") agrees to loan Hammond Street Courtyard, L.P. through its Community Development Residential Rehabilitation Loan Program a sum not to exceed One Hundred Fifty Thousand Dollars ($150,000) (hereinafter referred to as the "Loan") subject to the following terms and conditions: t. BORROWER: Hammered Street Courtyard, L.P. 2. AMOUNT: Not w exceed$150,000 3. MTEREST RATE: 6.25% fixed rate 4. TERM: 240 months 5. PREPAYMENT PENALTY: None 6. LATE CHARGE: 5% of payment if 15 days We 7. COMMITMENT FEE: None Page 1 of 17 98-253 S. REPAYMENT: Monthly installments including principal and interestof$1,096.39 for2A0months. 9. COLLATERAL: Personal guarantees in favor of CITY from Robert Kelly, Sumane Kelly, Richard S. Cattelle, Richard S. Cattails, Inc., House Revivers Inc., Kelly Realty Management, K.C. Development, Inc., and Hammond Street Courtyard, L.P., to repay the loan, and not less than a second mortgage on the land and buildings located at 84, 104-108, and 120 Hammond Street, Bangor, Maine subordinate only to afirst mortgage securing a loan made by Bangor Savings Bank or other lender in an amount not to exceed $1,000,000. 10. LOAN CLOSING: Lon closing shall take place prior to July 31, 1998 but not earlier than July 16, 1998, unless otherwise agreed to in writing by the CITY. 11. CDBG REQUIREMENTS: BORROWER's conformance to Community Development Block Cram Program requirements. 12. ADDITIONAL TERMS: Completion of a satisfactory appraisal with a conclusion ofPmject value of at least $1,200,000. BORROWBR(s)noinject equity equal no$350,000, plus any cast over runs, reserves or contingencies. Subject to Bangor Savings Bank or other lender cormnhtment for Project financing in an amount of not less than $1,000,000. Subject to approval by the Bangor City Council and Scare of Maine providing for Tax Increment Financing in support of the Project in an amount of not less than $200,000. Subject to BORROWER meeting all loan conditions of Bangor Savings Back or other lender. Page 2 of 17 11. 98-253 Subject w passage of a Resolve by the City Council of the City of Bangor Designating Hammond Street Coortyard Municipal Development District and Tax Increment Financing District and Adopting a Development Program for the District; approval of the designation by the State of Maine Commissioner of Economic and Community Development, and pursuant to an application of Hammond Street Courtyard, L.P. for partial financing of the Project, in addition to the above loan commitment in Section I above, the CITY agrees to reimburse Hammond Street Courtyard, L.P. a sum not to exceed Two Hundred Thousand Dollars ($200,000.00) (hereinafter referred to as the 'Reimbursement', through the issuance of City of Bangor taxable general obligation bonds, or other City of Bangor borrowing, to assist BORROWER in financing of the Project subject to the following tams and conditions: 1. AMOUNT: Twelve Percent (12%) of BORROWER's cost of the Pmject including acquisition, construction, construction, improvement, renovation, permitting, legal and orb" costs directly related to the Pxject exclusive of developer's furs, not to exceed a total of$200,000. 2. COMMITMENT FEE: None 3. REPAYMENT: None due so long as Ibe increase in annual real estate and personal property taxes paid CITY by the Project exceed $27,296 each year for a Period of not less than20 yeas fianthe loan closing referred to in Section I above. In the event the inarease in annual real were and personal property was paid . CITY by the Project are less than $27,296 in any yearover rhe 20 yearperiod, BORROWER shall be obligated to pay CITY as repayment rhe difference between $27,296 and the amount paid in that year. 4. COLLATERAL: None 5, CLOSING: Closing sball lake place prior m July 31, 1998 hot not earlier than July 16, 1998, at the same time and place as the closing on CRY loan referred to in Section I above, unless otherwise agreed to in writing by the CITY. Page 3 of 17 98-253 6. PROJECT COST: BORROWER's cost of the Project including acquisition, construction, reconstruction, improvement, renovation, permitting, legal and other costs directly related to the Project =[naive of developer's fen shall have reached a WW of not Ins than $1] million. 7. DISBURSEMENT: Pm rata reimbursement (12%) as Project costs are incurred and paid. 8. OTHER TERMS: The City intends to fund its reimbursement to the BORROWER with a twenty (20) year general obligation bond issue or with funds borrowed or Provided from other sources. The City, in its municipal government capacity, will retain W to the full amount of the in increment generated by the Project by designating any "captured assessed value", as defined he 30-A MRSA § 5254, for a period not to exceed twenty (20) yeas, for the repayment of the financing obtained of up to a maximum of Two Hundred Thousand Dollars ($200,000), to the extent such revenues ere available. The BORROWER agrees for itself and for its successors and assigns the, should the tax increment generated "e Projectbe insufficierrtin any year to make any scheduled payments for the financing obtained, due in fuuue state or federal legislative action Nat results in reductions in local real came or personal property, tax revenue, the City of Burger, in its municipal government capacity, may impose special assessmevm pursuant to 30-A MRSA § 5255 in an amount necessary to fiend the additional amount necessary to make the payments concerned. The BORROWER, for itself and its successors, hereby agrees to execute any necessary written consent to such special assessments. The BORROWER shall pay to the City the amount of any such special assessments thirty (30) days before the bond payment by the City is due. Page 4 of 17 98-253 IIL CONDITIONS The CITY Corcwanity Developmem Loan and Reimbursement shall be contingent upon compliance with the following conditions: I. BORROWER shall provide CITY documentation to verify BORROWER'S legal capacity and authority to borrow funds applied for and to encumber the property as security for repayment of the loan. 2. BORROWER shall provide CITY a policy of mortgage title insurance in due amount of the loam inswing the lien of the mortgage subject only m those exceptions to title as are approved by the CITY. 3. BORROWER shall invest not less then One Million Seven Hundred Thousand Dollars ($1,700,000) for costa involved is the acquisition, improvement and rehabilitation of the property located at 84, 100.108, and 120 Hammond Street, Bangor, Maine. 4. BORROWER shall invest not less than Three Hundred Fifty Thousand Dollms ($350,000) cash equity in the project. This amount shall include an equity investment of not less (ban One Hundred Fifty Tbowared Dollars ($150,000) by Bangor Furniture Company or its principals. 5. BORROWER shall secure a legally binding comarnment from the Bangor Savings Bmtk, or other private lender or source satisfactory m CITY, in an amour[ of not less ahao One Million Donuts ($1,000,000), provided however, Us =a= may be reduced by flue amount of malt equity invested by doe BORROWER in excess of the Three Hundred Fifty Thousand Dollars ($350,000) equity investment required in Section ID, Pan 4 above 6. BORROWER agrees that development of the Project shall be in accordance with all applicable Federal, State, and City law& ordinances, and building codes. 7. BORROWER agrees the scope of Project work shall conform in all material respects to the plans approved by the CITY. Building plans and detailed cost estimates shall be subntiond by BORRDWERm CITY for approval by CITY prior to loan closing. 9. BORROWER hereby aeknowledges that CITY, in agreeing to provide financial assistance to Project, relied in material part upon the assured completion of the project and the BORROWERagrees to use its best efforts to substantially complete the Project no later Nan March 31, 1999. Page 5 of 17 98-253 9. BORROWER shall agree that any aad all cost overmns in excess ofthe contingency Provided for in the proposal and application will result in a fuller cash injection by Hammond Street Courtyard, L.P. or its General Partners sufficiem to pay the excess costs necessary or incurred. 111. BORROWER shall request and receive any necessary approvals from the Maine Mamie Preservmion Commission 11. My prior mortgage or deed of trust to which the CITYS mortgage is to be subordinate 0 must be approved by the ClWasm all ofits terns and conditions and as to the principal amowt outstanding thereon. 12. BORROWER will maintain hazard aadliability insurance with financially sound and reparable insurers in such amounts and such coverage as shall be satisfactory to the CITY. The BORROWER shall maintain fire and extended coverage insurance, and such other insurance as the CITY deems necessary or appropriate, in an amount sufficient 0 cover the total of all indebtedness secured. Such insurance shall name the City of Bangor as a loss payee. Such heard, fee and extended coverage insurance shall expressly apply to the property located at 84, 104-108 and 120 Hammond Street, Burger, Maine during the examuction phase of BORROWERS renovation project, and shall cover the fail replacement cost of the property plus all renovations and imRovemevts, including the value of renovations and improvements in progress. 13. The BORROWER shall comply with all terms and conditions of Bangor Savings Bank or other leader. 14. The BORROWER shall, prior to loan closing, provide the CITY with a copy of an eavromme rtal compliance analysis on the property located at 84, 104.108, and 120 Hammond Street, Bangor, Maine. 15. The BORROWER, Contactor and Subcontractors shall comply with all specifications for improvements to 84, IM -108 add 120 Hammond Street, Bangor, Mame which are subject m approval by CITY. 16. The BORROWER shall execute and deliver to the CITY such loan documents as the CITY deems necessary or appropriate to evidence the loan hereunder and 10 provide adequate securityCortico same The form and substance ofsuch documents shall be satisfactory to CITY'S counsel. Page 6 of 17 98-253 17. Upon any sale or transfer of the mortgaged premises, the CITY Community Development loan shall become due and payable, as of the dare of said sale or transfer, in full, together with at accred interest thereon. 18. In the event CITY lona funds are needed prior to July Ib, 1998, receipt by the BORROWER of a bridge loan from Bangor Savings Bank or other lender in an amount not to exceed $200,000 to be used only for partial financing for improvemeatsto 84, Voklo8 and 120 Hammond Street, Bungoq Maine and for no other purpose. The BORROWER agrees that fee $150,000 reimbursement mount 5orn CITY will only be used to pay off the Bangor Savings Bunk, or other lender, bridge loan at time of loan closing. City loan is contingent on Bangor Savings Bank's, or other lender's, agreement not to release bridge loan funds to BORROWER without written consent of CITY, which said not mvessonably be withheld. 19. BORROWER agrees that all equipment and materials are to be installed in accordance with manufacnues recommendations and in accordance with nationally recognlzed, and City of Bangorbuildingcodes. The BORROWER father agrees to Danish the CITY with appropriate documentation of all expenditures for the above listed improvements. Nothing in the above statement shell be construed to suggest that expenditures by the BORROWER for the work specified at a cost in excess of $200,000 eballvuaease the amount of the CITY reimbursement. 20. The BORROWER agrees that property notes on the property improved with loan proceeds shall always be paid for the life of the loan regardless of the tax status of the BORROWER. Payment of such nixes may be accomplished as a 100%paymen[ inlimoftaxes. As part of the loan agreement, the BORROWER agrees for itself, and every successorin interest w the property, or any part thereof, fim thepmperty shallbembjeotmelltaxesa msmsmmtsnmaybeimposedbyanygover mtaI authority upon the afore described premises and any buildings, structures, or improvemeer4 which umy be or may become Iocekd thereon. It is the intent ofthe CITY and BORROWER, and BORROWER will agree to waive, for itself and my successors in interest, all right or privilege of exemption from municipal taxation of the property improved with the loan proceeds and fiat the City of Bangor, in its capacity as a nixing authority, Wray assess all taxes and assessments w would otherwise be applicable to the property including buildings, structures or improvements which are or may become located thereon, as if such exemption did not exist BORROWER further agrees, for itselfa l any successors in interest, as pay said assessments on or before the date upon which the same became due and payable. Provided, however, that CITY agmes that BORROWER, or its suoressom in interest, shell have ted right to contest the amount of such taxa or assessments in the manner prescribed by law. Page 7 of 17 98-253 21. The BORROWER, Contractor and Subconractors agree to abide by all terms and conditions of Federal Regulations governing the use of Community Development Block Grant funds, including but not limited to: Fair Human BORROWER, Contractor and Subcontractors will comply with Tide VI of the Civil Right's Act of 1964 (Public law 88-352,42 U.S.C. 20Nd et seq.) which provides that no person in the United States shall on the grounds of Pont, creed, or national origin be exclude from participation im be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. BORROWER, Contractor and Subcontractors shall comply with the Fair Housing Act (Public Law 90- 28, 42 U.S.C. 3601-20) which prohibits my person from discriminating in the sale, lease, nomad or occupancy of housing, the finencing of housing, or the provision of brokerage services, including otherwise making available or denying a dwelling to any person, because of race, color, religiom sex, national origin, handicap or installed status. The BORROWER will affirmatively further Fair Housing by agreeing to not discriminate, or deny occupancy on the basis of race, religion, gender, color, physical or mound disability, familial status, or national origin in the sale, management lease, rental, or occupancy, of the enfue rehabiEtated property. This includes, but is not limited to compliance with Tide VI of the Civil Righty Act of 1964,42 U.S.C. 20004, as amended; the Fair Housing Act 42 U.S.C. §3601-20 as amended; the Americans With Disabilities Act (ADA) of 1990, 42 U.S.C. §12101, as amended; Section 504 of the Rehabilitation Act 29 U.S.C. 794, HLT) regulations 24 CFR Part 8, as amended; and The Maine Human Rights Act (M61RA) 5 I SA §4581. A violation of Us condition will be considered a breach of the terms of We Promissory Note, and as such will result in acceleration of the Nate. b. Non-discrimination A BORROWER shall abide by Executive Order 11063, w amended by Executive Order 12259, and HUD's implementing regulations contained in 24 CFR Part 107, dealing with the prevention of discriminating because of roe, color, religion (creed), sex or national origin in the sale, leasing, rental or other disposition of residential property and relined facilities, or in the use and occupancy thereof if provided in whole or in part by aid from the Federal Govemmerd. C. Embihidon of D'scrimmatian A BORROWER must abide by Section 109 of the Housing and Community Development Act of 1974, as amended, (42 U.S.C., Sec. 5309), dealing with Page 8 of 17 98-253 the prohibition of discrimination on the grounds; office, color, national origin or sex under my program or activity funded in whole or m pan with funds under the Act, and HUD's implementing regulations remained in 24 CFR, Sec. 570.602a. d. Non -Disco inafnn on the Basis of Ane or Disability Section 109 of the Housing and Community Development Act of 1974, as amended, prohibits discrimination on the basis of age under the Age Discrimination Act of 19M (42 U.S.C. 6101 at seq.) or whir respect to an otherwise qualified handicapped person as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). HUD regulations implementing the Age Discrimination Act are contained in 24 CFR Part 146 and the regulations implementing Section 504 are contained in 24 CFR Part 8. C. Federal Lekm Standard All Inheres and mechanics employed by contactors or subcontractors on the construction work financed shall be paid wages at rotes not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with Ne Davis -Bacon Ad, as amended (40 U.S.C. 276a -276a-5) and the Connect Work Homs and Wary Standards; Act (40 U.S.C. 327 et seq.) as supplemented by Department of Labor regulations. f. Flood Hazard Insuran If the property to be unproved is located in a designated flood bound area, the applicant is required to carry flood plain insurance and abide by the regulations ofthe Flood Disaster Protection Am of 1973 (42 U.S.C. 4106) and the National Plana Insurance Program in accordance with 44 CFR Parts 5949. g, nssisturce A BORROWER most abide by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C., Sections W1 4655) and HUD's implementing regulations contained in 24 CFR Pon 42, and 24 CFR Sec. 570.606 which deal with the acquisition of real property for a Community Development activity and the displacement of any family, individual, business, von -profit organization, or from that results from such acquisition. h. Employment and Contracting Orwrouniti s The BORROWER, Contractor and Subconnamors must abide by Executive Order 11246, as amended by Execufive Order 12086, and as supplemented in Department of Labor regulations (41 CFR Part 60) providing that no Page 9 of 17 98-253 person shall be discriminated against on the basis of race, color, religion, sen, or national origin in all phases of employment during the performance of federally assisted construction contrams. As specified in Executive Order I IN6 and the implementing regulations, contractors and subcontractors on federally assisted construction contracts shall take affirmative action to ensure fair treatment in employment or recruitment advertising, upgrading, demotion or transfer, layoff or renunciation. rates of pay, or other forms of compensation and selection for training and apprenticeship. S. Militia i" The BORROWER, Contractor and Subcontractors most comply with the Provisions of Section 3 of the Housing and Community Development Act of 1968 (12 U.S.C. 1701u) which requires to the greatest extent feasible opportunities for training and employment be given in low and moderate income persons residing within the local area in which the Pronto is Insured (the City of Bangor and the Bangor Metopolhm Statistical Area), and that manages for work be awarded to eligible business concems which are located in, or owned in substantial your, by persons residing in the same area. j. IPaa Based Paint BORROWER, Contactor and Subcontractors shall comply with the Lead - Based Paint Poisoning Prevention Act (42 U.S.C., Sections 4831(b) and 4822) which prohibits the use of lead-based paint in residential structures constructed or rehabilitated with Federal assistance and to eliminate as far as practicable the hazards due to the preserve of paint which may contain lead and to which children under seven years of age may be exposed in existing housing which is rehabilitated with Community Development assistance. Implementing regulations are in 24 CFR Pan 35, Subparts A, B and C. k. Environmental Pollcv A BORROWER must abide by 42 U.S.C., Sm. 5304 (f), 42 U.S.C., Sec. 4321 at seq. (National Environmental Policy AM of 1969), and HUD's implementing regulations contained in 24 CFR Pan 58, dealing with compliance with carom morroun ual standards and procedural requirements. 1. Insatiable Contactors The BORROWER must abide by 24 CFR, Sec. 570.609 and 24 PER Pat 24, dealing with the prohibition on the use of debarred, suspended, or ineligible contactors or subcontractors. BORROWER most not award my warned for rehabilitation work to he paid for in whole or in pan with the proceeds of the lora, to my contractor, who, ar the time is ineligible under the provisions of Page 10 of 17 98-253 any applicable regWations issued by the Secretary of Labor to receive an award of such contract M. Interest of Certain Officials The BORROWER shall not permit my member of or Delegate in the CmD ess ofthe United States, and non -Resident Commissioner, to share in my proceeds of the loan, or to my benefit to arise from the same. M Interest of , c n Aen me ofLocal Body at QdhePublic Official In accordance with 24 CFR Part 85.36 and OMB Circular A-110, no member, officer, or employee of the CITY'S Department of Community and Economic Development or its agents or assigns, no municipal officers of the CITY, and no other member of my board or commission, elected or appointed official of Bangor or employee of the City of Bangor who exercises my decision- making functions or responsibilities respecting this project in the Community Development Program shall have my duect or indirect financing or pecuniary interest as tbw term is defined by 30 M.R.S.A., Section 2250 et seq. in the proceeds of the loan, in any contract or subcontract, or the proceeds thereof for work to be performed in connection with the proceeds of the luau, either themselves or those with whom they have fmdly or business fies, during their tenure or for one year thereafter. o. Bonux Comm ax'an rrc Fa A BORROWER cannot pay my bonus, commission, or fee for the purpose of obtaining the City of Bmgofs approval of the loan application, or my other approval of concunence required by the City of Bangor or its designee to complete the activity finenied in whole or in pair with the Low. p. Transfer of the Pmcerty. Not sell, lease (N the case where the BORROWER is also a lessee), or transfer the property without repaying the entire her, unless prior written consent of the CITY is sought and received. For the purpose of this subsection, this word "uoasfer" shall include, but not be limited to, acquisition of title by inheritance and the wood "sell" shall include, but not be limited to, the execution ofa land sales contract or similardocument. q. Subsordinifinin of Usan to Liens Affirchhur After the Dave of The CITY in its sole discretion may choose to subordinate the loan to a mortgage entered into after the date of the loan, upon request of the mortgagor. No such subordination shall be agreed to Wass the rehabilitation loan remains W a least as high priority as when the loan was made. Further, Page 11 of 17 98-253 ivy new mortgage to watch the rehabilitation loan is subordinated most be used only for improvements to the property. Further, the applicant requesting the subordination shall pay all costs incurred by the CITY in scrimping the subordination, including the value of the time spent by CITY staff. T. Other Rmryremmts A BORROWER must abide by such other laws, statutes, regulations, ordinances, administrative rules, etc. as may be, or may become, applicable to the particular projects assisted under the Community Development Block Gant Program. In order to he eligible for resistance ander this Program, the BORROWER must agree to abide by all of the applicable Fedeal Regulations, and any amendments thereto, or replacements thereof, governing the use of CDBG funds. 22. P M ofAgreemmt The BORROWER shall also agree to abide by Ne following terms and conditions: a Use ofPrmceM� Use the loan proceeds only to pay for costs of services and materials necessary, to carry out the rehabilitation work. b. Completion of Work Assure that the rehabilitation work shall be carried out promptly and effictemly through written wrmnct(s) approved by Community Ilevelopmw and to with the prior concu¢ence of the CITY. c. Interaction Permit inspection by the CITY or its designee of the property, the rehabilitation work, and all contracts, materials, equipment, payrolls, and conditions of employment pertaining to the work. d. Records Keep and maintain books, records and other documents relating directly to the receipt and disbursement of CITY funds provided hereunder and agrees that any duly ordained representative of CITY shall, at all reasonable times, have access to said the right to inspect, copy, audit and examine all such books, records and other doomnems of the BORROWER, until completion of Project, upon prior written notice. BORROWER shall ensure that similar provisions are included in all contracts and subcontracts entered into in connection with Project. Page 12 of 17 98-253 e. Reservation of the Security Maintain the property in conformance with the minimum standards of the BOCA Property Maintenance Code and permit the CITY or its designee to inspect the property during the term of the loan. f Empire In the event a dispute exists between the BORROWER end the Contractor with respect to the rehabilitation work, Community Development will take appropriate action in accordance with the provisions of the construction contract to assure that all parties are satisfied before payment to the contractor. Relabilitarinn Loan Sonnlemented by Other Funds If a rehabilitation loan is m be supplemented by foods to be provided by the BORROWER from a source other than through a commitment from a recognized lending institution, those supplemental funds shall be deposited in a rehabilitation escrow account maintained by the CITY at the same time the rehabilitation loan check is deposited. Supplemental funds provided by mems of commitment from a recognized lending institution may either be deposited in the rehabilimtion eworw account, or applied by property owner for direct payment of the rehabilitation work. If the supplemental funds are to be deposited in the rehabilitation escrow account, the deposit most be made prior an any payment by the CITY to the Contractor. If the supplemental funds are not to be deposited in the rehabilitation escrow conn[, then sock funds shall be applied in fail by the property owner before my disbursement may be made from the rehabilitation escrow account for rehabilitation work. 23. Contraction for Rehabilitation Works Companies work shallbe undertaken only through carmen wnM1act between the Contractor and the BORROWER approved by CITY Community Development. s. Form of Connect The construction contract will consist of a single document signed by the Connector and accepted by the BORROWER, only following approval of the rehabililumn loan. It shall contain a Bid or Proposal by the Contractor and the agreements, as well as the specifications for the work to be performed. It. thawed Conditions The contract will contain provisions of general conditions to include: Page 13 of 17 98-259 (1) Finnish evidence of comprehensive public liability insurance coverage protecting the inviter for not less than 100,000 in the event of bodily injury including death, and 51,000,000 to the event of property lounge raising out of me work performed by the contractor, mid, evidence of insurance or other coverage required by local law govcome workmen's compensation. (2) Obtain and pay for all permits and licenses necessary for the completion and execution ofthe work and labor to be performed_ (3) perform all work in conformance with applicable local and state codes and requirements whether or not covered by the specifications and drawings for the work. (4) Abide by Federal nod local regulations penetrtng to equal employ metal by incorporating in at I contracts the acquired language of Executive Order 11246, as amended. if the contract is for a structure that will cerium 8 or more dwelling units after rehabilitation, the Contractorovllk and will require his subcontractors W, abide by the Davis -Badu Act (40 U.S.C, 276a though 296a-5, as amended), the Contact Work Hams and Safety Standards Act (40 U.S.C. 327-333), and all regulations issued under these Acts, mid with other applicable ledeml laws had regulations pertaining to labor standards including Forms HUD -4010, federal Labor Standards Provisions, 24 CFR 136 (Section 3 Requirements of the Housing and Urban Development Act of 1968 as amended, 12U.S.C, 1701ir) and the affirmative action obligations set farh m 41 CFR 60.4.3 (a). (5) Keep the premises clean and orderly during the course of the work mid remove all debris wthe completion riche work. Materialsand equipment that have been removed and replaced as your of the work shall belong to the Contractor. (6) Not assign the contract without written consent of the tomer and Community Development. (7) Guarantee the work performed for a minimum period of one(1)yew From the date of lied acceptance of all the work required by the content. markwnnme. furnish me owner with all mars f rowers' and suppliers written guarantees and warranties covering materials and equipment famished under time contract. Page 14 of 17 98-253 (R) Permit the CITY, or its designee to examine and inspect the rehabilitation work. (9) A provision that final payment on the contract commit will be made only aftef final inspection and acceptance of all the work to he performed by me Contractor. and the Contractor has famished the rommer satisfactory releases of liens or claims for liens by the contractor. subcontractors. laborers, and material suppliers. (10) A provision that the contract consists of the bid and proposal, the agreement, me specifications incorporated therein by reference and drawings incorporated therein by reference. (11) Specifications and dravings covering the specify rehabilitation work The specifications shall clearly establish the nature of the work to be done, and lire materials and equipment to be installed Known acceptable brands shall be identified by reference ro manufacturers or dation specifications, and provision shall be made for acceptance of equal substitraiom 24. Inspection ofRhb'I' Work a. Inspections of construction work shall be pertbrrned by Communiry Development in accordance with the Improsing: (I) Prpyres pavm nrF. A compliance inspection of the rehabilitation work shall remade before Chromatinic Development processes and consents to a progress payment o be made by Bangor Savings Rank mit other lender on a Contractus invoice (a) payment for Satisfacory Wor If the inspection determines that work completed is satisfactory, Community Development will consent or a progress payment check payable to the BORROWER and the intended payee. (b) Ob - C ti A - . Ifthe work completed is not in accordance with the construction contract for it progress payment, Contractility Development shrill advise the BORR DYER of any noncompliance in the construction work or of Pat incorrect invoice submitted by the convector, The BORROWER shall be requested to obtain appropriate corrective action from the Contractor. No payment shall be consorted to a construction contract until the Contractor has satisfactorily completed the necessary corrective action. Page 15 of 17 98-353 (c) F II Upon completion of the rehabilitation work and receipt of the Contractor's invoice containing his certification of satisfactory completion of all the work in accordance with the contract and hu eminently, Community Development shall inspect the completed work When the final inspection determines that the work is satistectorih completed in accordance .nth the contract, Community Development shall obtain from the Contractor a release of liens, and a copy of each warranty due the BORROWER for The work. After receipt of a release of liens, including releases from all substrate motors mid suppliers and a copy of each warranty, Community Development mill process and Consent to Baal payment. 25. Rent Rem lat ry Ay comm - BORROWER agrees that, dining the term of the Commutik Development loan, rents for a minimum of four (4} or 51 % of the apartments to be rehabilitated at 84, 10¢108 and 120 Hammond Street, Bangor, Maine, whichever number is greater, will not exceed Fair Market Rents for the Section 8 Housing Assistance Payments program published periodically by the U.S. Department of Housing and Urban Development. CITY may terminale this commitment if, except as may be olherwisepmvided herein, the loan, or any other fealmeof theean Transaction, hes been or its misrepresented by the BORROWER in the loan application or otherwise_ or any adverse manage may occur to the property at 84. 104-108 and 120 Hammond Shen, Bangor, Maine, BORROWF.R. or any other person or entry wweeted with the loan or collateral for from All iustrmnents and documents required hereby or affecting the property at 84,104-108 and 120 Hammond Street. Bangor, Maine, secuntg the loan or relating to the capacity of the BORROWER to make The loan and to execute the loan documents and such other documents. Instrmnemc certilicates, opinions, assurances, consents, amid approvals as CITY may request and all procedures connected therewith shall be subject to the approval, as to Accurate substance, of CITY. CITY reseryes the Tight to withder" Us Commitnwn unless it is accepted in writing by BORROWBR on or before July 31,1998. Such acceptance is To be made by BORROWER signing and returning to the CITY the attached copy of this Commlunml Page 16 of 17 98-253 This Commitment will expire at 4:30 P.M. Easuar Standard Time on Ioly 31, 1998, unless CITY grants a written extension. Sincerely, Rodney G. McKay Director c: Riehmd Founder, Bangor Savings Bvik The undersigned hereby accept tlds Commitment and agree to be bound by its terms and conditions. The undersigned hereby acknowledge Nat the sole purpose for obtaining this credit is to obtain funds to finance the acquisition of and improvements to 84, 104-108 and 120 Hammond Street, Bangm, Maine and for no arbor propose. Date Robes Kelly, General Pander Hammond Street Courtyard, L.P. A Maine Limited ParN¢rsbip Date Surname Kelly, General Partner Hammond Street Courtyard, L. P. A Maine Limited Partnership Data Richard S. Ca[alle, General Pander Hammond Street Courtyard, L.P. A Maine Limited Partnership Page 17 of 17