HomeMy WebLinkAbout1994-12-28 95-55 ORDERIt® No95-55
Date 11-30-94
Ifeo/Subject: �: Autlio[izl t1s Gty Hawgex to Enter Into NegotIatfoae
with the Mutlem Conservatory of Mucic arcl/or tte a Sctnol
for the Tits as well as P lty ¢cps• Ltd. for the
Iadatalopmeat of the nose 9dldtng
Fespnaible Dspartlnent: Citi' tlsna9ar/IaAl
Daryl Wedge of the Nmttcm C.me¢vatory of Music has tueen fa correct wlth
variwa smEas of the Cfty's areff as cell as appeared bafoxe the Firmke
C ttea of the Canefl to disaas xaguested actions from the City in
Support of hfe ate ffoxand tle effm7s of Irzalty Maumee, Ltd. to rel
boildl Wonretion regarding tllese requests Is attached.
51roa then, ezistin9 tax 11me on the property have nmtured and the City 1s
now the property ouaer alttregh we have not, as yet, tart possession. 'this
bas potentially dremnattca ly charged the aitoatirn, =olving the I1 'e
Wildi .
At the Flnerce C ttea mill the C tttee raaafust sopperttw of tte
xedel efforts. At tha some tine, tte Camittee generally appassed to
feel that the City al net act pxecipitataly to give ap its ow:exshfp
fntexest ard that attual transfer of title ulould le t to a SchaMle std
varteus deuelopoent tom..-wm..ra, Tle attached ender would autterice City
staff to enter: L .og� teuani an agmenent which would Support
.e.evelcgrar efferte while . ^; the Cfty'c lartesest od standing in
the property.
/O1i 1111 11 w
Fivatta Uixector
1 /
I�WY:r
l
..I
95-55
Amignedlo Counedor Soucy December 28. 1994
CITY OF BANGOR
(TITLE.) (®rbu, _..._... �...tba aty Mone9=T to mRer Door fiagotiatiom
with Hie l4orthern Caearvatory of Music arcUor the Maim £clnol for tle Arts
as well m Fealty Besources, Iid. for He ma,.elcpaer,.t of the Fceme
By tde City Couneit othI4 ase ofBaup r:
ORDERED,
THAT
t9�tenS, the City of ]lvrpr, by vtrtm of a salnigi tax lien. is rcnr He
lepl serer of tle Frseee's Property in hsstan avigvc: arca
Fa®tcaS, the Matloern conservatory of Music is inremsced in the vee and
potential aaecship of thin property for a •sueic & l for the.
Alta;' and Ah L
td® j Realty FeeoaxrrEs; i.imltodo in coupe etbn with the City and/a.'
the ibxHem Cweeemtmy of Music (Nave Rcbool for He Arts)
has exPrsssed an vvacast in utilizing a portion of the site for
elderly ]cueing: aerl
4FIEP6n.5, it is in the interests Of the City of Sergor that this property
be redeveloped;
MYl4], 'M l Be 1T o w THEE CTM CU M CPM
➢AT:
ate City ttma9er is hereby autborimas th arc arc mgotinty l
with tle its as m Caieetvatery Of Music an Ltd. time Maim Sdeol
for ttevel Arts as well as Realty lding. es, Ltd. for Ue
redevelopment of He Freese >uilding.
The purpose of there negotiations is to develop an agreement or
agreements; supportive of the eventual redevelcgneslt of the
Posese's property while imsu ring tlut the City's interests both
as property oener and as a send ipality are prztatad.
In city Council December 28, 1994
Motion to refer to a Council Workshop
Passed
Citf Cletk
IN CITY COUNCIL
January 23, 1995
Passed CITY CLERK
95-55
ORDER
Title,
Authorizing the City Manager to Enter into
Negotiationswith the. Northern Oonservecory
of Music and / or the Maine School for the
........................... ..... `
Arte 8 11 �p/¢ for the
Re a [ % lding
"Igued to
.....
�Counnflman
Fa
MEMORANDUM
e4t 6ano
95-55
December 9, 1994
TO: Finance Committee
FROM: Erik Stue's Buil, City Solicitor
st
Ra: Workouts Building -- Request for Tax DEC 091994
Workout Agreement by Northern
Conservatory of Music
CITY PW,WAGER'S OFFICE I'
As the Committee is aware from recent press reports, the
City of Bangor became the owner of record of the Freese's building
yesterday, by automatic foreclosure of two tax liens recorded at
the Penobscot Registry Of Deeds securing payment of the City's FY
1993 property tax and downtown tax assessments.
As of 12/8/94, a total of $21,107.03 in delinquent taxes,
lien charges and interest was owed to theCityon the 1993 liens.
As of the same date the total delinquent balance for all taxes and
assessments owed to the City on the Wreeses building, including the
two 1993 liens, was $50,590.72. In addition, second half real
estate taxes for FY 1995 in the amount of $9,137.02 will become
delinquent if not paid by March 1,1995.
An account printout listing the delinquent taxes and
assessments is attached to this meno. See Attachment 1.
Daryl W. Rhodes has submitted a request, on behalf of the
Northern Conservatory of Music, for a tax workout agreement with
the City to address the outstanding 1993-1995 taxes and
assessments. See Attachment 2. Mr. Rhodes essentially proposes to
Pay current interest as it accrues, plus a $60,000+ balloon payment
to liquidate the principal balance in June, 1999. Mr. Rhodes
estimates the actual interest figure at $5,000. The actual figure,
based on the current tax balances and includinginterest on the
second -half taxes for FY 1995, would be about $5,580.00 (= 108
simple interest per year on the original tax lien balances).
For your reference, I have attached a copy of Council order
92-157 passed on March 10, 1992, adopting a City Of Bangor Tax
Collections Policy. See Attachment 3. Under the current policy,
the City normally requires payment in full of all outstanding taxes
and other obligations before we allow redemption of property on
which a tax lien has been permitted to mature. However, the City
Council has also authorised the City Finance Director to enter into
workout agreements for delinquent taxes Owed on tax -foreclosed
properties, upon payment of 108 of the total delinquent balance and
execution of an agreement by the taxpayer to liquidate the
remaining account balance by regular monthly payments over a six-
month period. A copy of our standard workout agreementisattached
s Attachment 4. Under the standard workout agreement, the City
normally retains title until final payment is made.
95-55•
J at. -E-
Nr. Rhodes' workout proposal is not consistent with the
terms of our standard workout agreement, and therefore requires
Council approval. On past occasions where the Council has
authorized execution of a non-standard workout agreement, the
agreement concerned usually required regular monthly payments in a
fixed amount, rather than a 54 month balloon.
If the Council approves Nr. Modes' request so as to
facilitate the Northern Conservatory's plans to redevelop the
preeses building, x would recommend that the City follow its usual
practice and not release title until the balloon payment is made;
and would further recommend that the City's obligation to release
title at that time be contingent on prior completion of the
proposed redevelopment project. Such anarrangement in effect
would convert the approximately $60,000 in 1993-1995 taxes,
assessments and interest currently owed into a City revitalization
loan, with the City holding a fully vested first mortgage position.
EMS/tc
Attachments
pc: Edward A. Barrett, City Manager
Kenneth R. Gibb, Director, Community and
Economic Development Department
Kenneth L. Jordan, Jr., Esq.
95-55 'Q.
N RE 23630 FITZGERALD CHARLES - AS OF 12/07/94 09:50
ORIGINAL AMT 25,973.18 RE93 (00
ABATEMENT 03/25/93 9,007.26 RE93 , 11 1
BALANCE .00 RE93 * �l 14 J6106 � to
:GINAL AMT 17,441.60 RE94
LIEN TRANSFER 06/29/94 17,441.60 RE94
BALANCE .00 RE94 * 1�� 1 ugyFl
ORIGINAL AMT 18,274.04 .RE95 �S
BALANCE -1- 9,137.02 RE95 INT= 207.77 PER DIEM= 2.50
-2- 9,137.02 RE95 * INT= .00 TOTAL DUE 18,481.81
ORIGINAL ANT 13,420.36 TL92
PAYMENT 12/27/93 13,420.36 TL92
BALANCE .00 TL92 *
GINAL ANT 17,653.84 M93
BALANCE -1- .00 M93 INT- -.00 PER DIM- 4.83
-2- 17,653.84 TL93 * INT= 2,645.63 TOTAL DUE 20,299.47
ORIGINAL AMT 18,405.30 TL94
** MORE
*
N RE 23630 FITZGERALD CHARLESAS OF 12/07/94 09:50
BALANCE -1- .00 TL94 INT= .00 PER DIEM= 5.04
-2- 18,405.30 TL94 * INT= 811.84 TOTAL DUE 19,217.14
ORIGINAL AMT 21,133.15 RE90 -
PAYMENT 11/03/89 10,566.58 NE90
LIEN TRANSFER 05/18/90 10,566.57 RE90
BALANCE .00 RE90 * y,Ia
ORIGINAL AMT 22,938.93 RE91 rj1 ICD ISI
LIEN TRANSFER 05/20/91 22,938.93 RE91I 0
BALANCE .00 RE91 *
ORIGINAL AMT 25,851.81 RE92 f Joe
PAYMENT 10/30/91 12,925.91 RE92 D 1J
LIEN TRANSFER 06/19/92 12,925.90 RE92 II
BALANCE .00 RE92 * - yi �r e
C .GINAL ANT 10,969.07 TL90 �OM
PAYMENT 06/04/90 10,968.07 TL90
BALANCE .00 M90 *
ORIGINAL AMT 24,499.59 M91
**-MORE
*
N FITZGERALD CHARLESAS OF
PAYMENT 10/30/91 24,499.59 TL91
BALANCE .00 TL91
9TMCMMi NT 1
95-55 IV
N RE 61067 PITZGERALD CHARLES AS OP 12/07/94 09:51
ORIGINAL AMT DOWNTOWN 618.99 RE93
LIEN TRANSFER 06/08/93 618.99 RE93
BALANCE .00 RE93 *
0 iINAL AMT DOWNTOWN 420.18 RE94
LIEN TRANSFER 06/29/94 420.18 RE94
BALANCE .00 RE94 *
ORIGINAL ANT DOWNTOWN 420.18 RE95
BALANCE -1- 420.18 RE95 INT- 9.55 PER DIEM= .11
-2- .00 RE95 * INT= .00 TOTAL DUE 429.73
ORIGINAL ANT. 697.95 M93
BALANCE -1- .00 M93 INT- .00 PER DIEM- .19
-2- 697.95 M93 * INT= 104.59 TOTAL DUE 802.54
O. dINAL AMT 464.06 M94
BALANCE -1- .00 M94 INT= .00 PER DIM- .12
-2- 464.06 TL94 * INT= 20.46 TOTAL DUE 484.52
ORIGINAL ANT DOWNTOWN 1,488.25 RE90
** MORE
N RE 61067 FITZGERALD CHARLES AS OF 12/07/94 09:51
PAYMENT 11/03/89 1,488.25 RE90
BALANCE _ .00 RE90 * 7i
ORIGIN� ANT
947.66 RE91
LIEN TRANSFER 0 //9
05/204111 947.66 RE91
BALANCE .00 RE91 * �DLp� j,0@'
ORIGINAL AMT DOWNTOWN 1,201.56 RE92 1 4 �J( • PM '
PAYMENT 10/30/91 1,201.56 RE92
EALANCE .00 RE92 *
ORIGINAL AMT 1,036.38 TL91
PAYMENT 10/30/91 1,036.38 TL91
BALANCE .00 TL91 *
ENTER NEW ACCT TO CONTINUE - E TO END ** *****
_ me
BelPAR Kai all&IIF-,I
a
A Na Frvfh Corpatum
96 Florins' Sues (Amo 9, Bid Poor), 0m9or, Mme 04401 (207) 9474171
12/]/94
Bangor City Council
Bangor City Hall
Bangor,Me. 04401
Hear City Council Members:
As the how owners of the Freese building we wish to announce
that the MOrthern Conservatory of Music willaccept full respe sibil-
1ty,(pending your approval),for payment of back taxes need to the city
of Banger by Charles Fitzgerald which we have been told amounts to
about $60,000 in pr44ipa1 am interest.
We also request however that the city, in its interest in seeing
both the 'Paine School for the Agree and the elderly housing units
new being developed by BEalty Fesources of kockport,become a reality,
allow the Conservatory to retire the debt accordingly:
1. In a "balloon" payment, the entire amount owed asof 12/28/94,
of about $60.000. (includes principal and interest) by no later than
goes ISth,1999.
2.IN yearly payments, payable each year by no later than ]Una 5th.
beginning 1995, the total of interest seemed on the amount owed
which should be about $5.000 per year.
3. In addition, the Conservatory would reserve the right to pay off
the original amount of $60,000 in pa¢ or In full, at see time
prior to done 15th,1999.
HE therefore respectfully request your approval and acceptance of
our plan at no later than the next scheduled council meeting on DEC.
28th,1994. It is imperative that ve close on the Property by no later
than DEc.31st.
I remain grateful for your kind consideration.
S nn'cee1rely, // n
HAryl (i/1/khodes,B.M.M.
secretary -treasurer
MRECt.:5ek
nrrn�eME�r a
y for 10 years.
iman said the Police
.5 wit know, what types m nazmvs uwy nwr
:punter when they do resimvd to an aluan.
ith hung jury
"Smith was Derives's alibi s
�rpiled [tat BM1ewm ac vsad. Bmith rout
..Mud say: •Be couldn't have done It. b
th
45
David Gray,
g arguments
that his client
Frpr ese's Building to house
Moine School for. the Arts
ey Suaen Young
"rt resat on
mUaek,'1 said
Inc N"Young Rhodes, who has b#nrry4,pig
tabgah a visual end performing
BAN R — A New York and" mus school fn Bangor for mora
gage er agreed Wednesday to t6av seven Years. ,...-
Blease„ Freese'% Ba Id met
uilding so Rbodes av�eitzGers to work
Ne a osmd department lore Wednesdayws tWman
canbe� iwted
to the Mmanschart out a purchase tl sale
for the Arts. agreement.
To satisfy the private rrw Wgage Because more than $sp,aoo in
.e o back taxes are owed the city di
n Wednesday,
a real hero;' he said of [saes, hot b unable to make a
W. lmvpsum payment. He said he
�aM, anentrepreneur and wdp ask He City council to allow
the school m make Interest pay_
Inspire to hold .:
ther a man or woman aria coating
Information
not more than $2. For
Ip support group
or reservetiors, call Kathy Willey
)XCROFT — Pine
at 50-6401, est. k51.
will h[aarr Maeawho
1'ittsYield Garden Club
saonce at g.M pm
12, at the Commune
decorates public library
gdivg, Thayer Park-
PIRrsf 1Gn H — The PittSiald
oetTorkab11
Garden Clubcantekecredafardes
tpm9
holder decorators at the Poll-
Reld Pubec Ubmary. The elubbald
a demustrO011 workshop on hob
;conal Hospital
with the�b'Mary es [the beneBeniery
to hold party-,
of the end product.
'OXCROFT — The
The BIW is scheduled to meet for
ml Hospital Seniority
its annual Christmas potluck lun-
g hold a Christmas
ahoonatll a.m. Saturday,Dec. la,
tubers Irani 1 in 4 Pm.
al the home of member Mitzi or