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HomeMy WebLinkAbout1997-04-28 97-202 RESOLVECOUNCIL ACTION Item No. 97-303 Date Aoril 2B. 1997 Item/Subject: Resolve, Ratifying Execution and Delivery of Partial Release of Subdivision Improvement Guarantees - Bangor Mall Business Park Responsible Department: Legal Stillwater Avenue Land Associates (SALA) is planning to close a sale of lots k6-13 in the Bangor Mall Business Park to permit development of a Home Depot store. The lots concerned are presently encumbered by two subdivision improvement guarantee agreements in favor of the City which were recorded to secure payment of inspection services, Impact fees and completion of certain on- and off-site public improvements. In order to permit progress on the anticipated closing, it was necessary for the City Manager to execute a partial release to beheld in escrow, with conditions, until April 30th. If the sale comes to fruition, the City will receive payment of the outstanding inspection services and impact fees. In addition, the City will receive payment for outstanding real estate taxes assessed against the lots through fiscal year 1997. (cont'd on next page)�"�y/7/` Department Head Manager's Comments: -&aff 4 4C t M�LnQA "'���,'•.`"`�c C ti y Manager Associated Information: Resolve, Release Budget Approval: Finance Director Legal Approval: MM u'e City Solicitor Introduced For BBN9BPtT_A66NBh x Passage First Reading Referral Page 1 of 4 97-202 Assigned to Councilor Soucy April 28, 1997 w CITY OF BANGOR (TITLE.) ¢SII�UPr.. Ratifying 11 Execution ana nel11 i e 1.y of Partial Release of Subdivision Improvement Guarantees -- Bangor Mall By An Bay Consul of the City of Bandar. BBBOLVBD, THAT the action of Edward A. Barrett, City Manager, on April 16, 1997 in executing and delivering a Partial Release of Subdivision Improvement Guarantees releasing Lot Nos. 6-13 at the Bangor Mall Business Park is hereby ratified and affirmed. A copy of said Partial Release is attached to this Resolve, and is incorporated herein by reference. - IN CITY COUNCIL April 28, 1997 Passed cx aeas 9]-202 E E S 0 L V E aa era iveev Partial Release of Subdivision Improve - sent Guarantees - Bangor Hall Business Paik� lam/'M,i�n (/ ✓"~ � 0,r �w - - - - 97-202 PARTIAL RELEASE OF SUBDIVISION IMPROVEMENT GUARANTEES The City of Bangor, Maine, Grantee of a SubdMsron Improvement Guaranty Agreement from Steealer Avenue lent Aswciates,a Maine Limited cement haled August 19. 19f and recorded at the Processor County Registry of Deeds in Book 5169, Page 193; end The CM of Sol Marne, grantee of a Second 3uMMsion Improvement Guaranty Agreement from SlAlwater Avenue Lead Associates dated February 17, 1996 and recorded In the PembxM County Reparry of Drove In Book 5502. Page 39, FOR CONSIDERATION PAID, releases to Stillwater Avenue Land Associates, with a malirg address of 100 Middle Siren, Pottle Mane 01101, all Interest together under add Sutdivisbn Impovement Guaranty Agreement and sad Second SuWrvism Improvement Guaranty Agreement in the real described as bellows: Lots No. SN, Seven, Eight. Nine. Ten, Eleven, Twelve andThim en ill 0,11.12 and 13) of the Barer Mall Butiness Park as delineated on Me Second AmeMad Subdivision Pat Agreed 'Bangor Mall Business Park' dated January 22.1993 and recorded in the Penobscot County Refery of Dozen in Plan File o-0396, Wing a Moron of to yemises canvei by Bangor Mall Development Addectates to Stirwarer Avenue lend Ass mates by deed dated August 26,1992 and recorded at Ne PemhsnM County Registry of Deeds In El 5147, Page 2, IN WITNESS NMEREOF, The City of Bangor. Maine bas caused this instrumentro b r executed moderato duly authorized, this 16 day of Atti 1 1997. WITNESS: The City of Bangor Maine "�4 By Z, Al / Name.-rFRW G.G. [oR� be Edward A. Barrier City Manager Slower Maine Car OI Penobscot Apa'il ab, 1997 PERSONALLY APPEARED the above named Edward A. Everett s CSev learrainer 0 lira City of Bangor and acknowledgco Me foregoing Instrument to be his free an err dead a7dMedrrmRpWgeapd('�g:RagXglBfAr in his said a icy, afld the Iact and deed o_athe City of Beagor.Bemreme, �� Name: Erik M. atump£$C1 Tula; A[[amey aC lflw 97-202 As proposed, the buyer of lots 6-13 will make the payments indicated above and will assume SAWS obligation to complete off-site traffic improvements. The City's improvement guarantees will remain in effect with respect to undeveloped lots. Total payments to the City as a result of this closing will be impact fees: $75,000 (approx.); back taxes: $70,439; inspection fees: $25,106 plus building permit fees. Similar action was taken by the Council in October, 1994, to release lot #3 so that it could be sold to a prospective buyer.