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Home My WebLink About1995-02-13 95-109 ORDERCOUNCIL ACTION Item No. 95-109 Date February 13 1225 Item/Subject: Authorizing City Manager to Reconvey Freese's Building to Charles Fitzgerald, with Conditions Responsible Department: This Order would authorize the City Manager to reconvey the Freese's building to Charles Fitzgerald subject tothe conditions stated in the Order. tI- .I �i Manager's Commens�: r YARWr � _ Associated Information Finance Director Legal Approval: cicv solicicoU Int roduged For NEW BUSINESS �_ Passage First Reading Referral Page 1 of 4 95-109 (SUBSTITUTED) Assigned to Councilor CITY OF BANGOR QITLE.) (®Tber, Autho rng City Manager to Ink P ession of Wf ................ -__.. .._.. Freese's Building (City Tax Map 42, Lot 146) By VW Cft C a " Wel Qf W CRR df ORDRRRDr MT WHEREAS, the City of Bangor acquired title to the Freese's building, so-called, located at 74 Main Street in the City of Bangor (Tax Map 42; Lot 146, further described as "Parcel One" in Book 3669, Page 1, Penobscot Registry of Deeds) on December e, 1994, by reasonof the statutory foreclosure of two FY 1993 tax liens affecting said property, said tax liens being recorded in Book 5343, Page 24S and Book 5343, Page 250, Penobscot Registry of Deeds, respectively; and WHEREAS, Charles Fitzgerald, as previous owner of the building, has asked the City Council to allow alate redemption of the property and has tendered payment of $62,056.72 in satisfaction of all delinquent and current taxes, lien charges, interest and other charges owed to the City of Bangor as of January 27, 1995 on account of the Freese's building; and WHEREAS, the Freese's building contains a number of uncorrected code violations, including twelve violations required to have been corrected by Mr. Fitzgerald on or before August 29, 1992 under provisions of a consent decree entered in Maine District Three District Court docket no. 90 -LU -013 on October 10, 1990, and an order subsequently entered on December 26, 1991 in docket no. 90 -LU -013; and WHEREAS, the Presse's building is the subject of a pending foreclosure action by a private mortgage holder, Bruce Slovin, in Penobscot Superior Court docket no. CV -94-520; and Substituted Y6 16Y WHEREAS, the Freese's building has been identified as being in sed of rehabilitation and redevelopment in furtherance of the City of Bangor's "Community Development Downtown Revitalization Program" adopted in Council Order 82-239 on September 27, 1982; and WHEREAS, private negotiations between Mr. Fitzgerald and private parties interested in redeveloping the Freese's building have failed to produce an agreement that will result in correction of existing code violations and rehabilitation of the Freese's building in accordance with Council Order 82-239; NOW, THEREFORE, By the City Council of the City of Bangor be it ORDERED, THAT the City Manager is directed to take possession of the Freese's building effective March 9, 1995, and thereafter to take all necessary steps to secure the property against entry by unauthorized persons; and THAT the City Manager is directed to present a plan for short-term management of the property to the Bangor City Council at the Council's next regular meeting. and be it further, ORDERED, THAT the City Solicitor is hereby authorized to initiate such legal proceedings as he shall deem necessary to confirm the City of Bangor's title to the Freese's building; and be it further, ORDERED, THAT an attested copy of this Order shall be recorded at the Penobscot County Registry of Deeds on or after March 9, 1995 as evidence of the City of Bangor's entry into possession of "Parcel One" as described in Book 3669, Page 1, in said registry. 95-109 Meigned Is Counciur Frankel February 13, 1995 CITY OF BANGOR (nu VDT112rf Autho 1 r 1. 1 11 a I i ng Crty .11 Manager to Reconvey Free aAs Building to Charles Fitzgerald, With Conditions By IM City Cwfwil of be agy of Beazer. ORDERED, TEAT WHEREAS, the City of Bangor acquired title to the Freese's building, So-called, located at 94 Main Street in the City of Bangor (Tax Map 42, Lot 146) on December 8, 1994, by reason of the statutory foreclosure of two By 1993 tax liens affecting said property; and WHEREAS, Charles Fitzgerald, as previous owner of the building, has asked the City Council to allow a late redemption of the property and has tendered payment of $62,056.92 i satisfaction of all delinquent and current taxes, lien charges, interest and other charges owed to the City of Bangor a of January 29, 1995 on account of the Freese's building; and WHEREAS, the Freese's building contains a number of ancorrected code violations, including twelve violations required to have been corrected by Mr. Fitzgerald on or before August 29, 1992 under provisions of a consent decree entered in Maine District Three District Court docket . 90 -LU -013 on October 10; 1990, and an order subsequently entered on August 29, 1990 in docket no. 90 -LU -013; and WHEREAS, the Freese's building is the subject of a pending foreclosure action by a private mortgage holder, Bruce Slovin, in Penobscot Superior Court docket no. CV -94-520; and WHEREAS, the Freese's building has been identified as being i need of rehabilitation and redevelopment in furtherance of the City of Bangor's 'Community Development Downtown Revitalization Program" adopted in Council Order 82-239 adopted September 29, 1982; Original 95-109 NOW, THEREFORE, By the City Council of the City of Bangor be it ORDERED, THAT the City Manager is hereby authorized, on behalf of the City of Bangor, to reconvey the Freese's building to Charles Fitzgerald, subject to satisfaction of the following prior conditions: (1) Payment to the City of Bangor of all currently delinquent tax amounts and related .charges owed on account of the Orkin's building, -called, located at 28 Broad Street (Tax Map 42, Lot 196), consistent with the provisions of Council Order 92-15] adopted March 9, 1992; (2) Payment of interest balances accrued on Freese's building tax accounts after January 27, 1995; (3) Prior release of Charles Slovin's mortgage interest in the Freese's building; and (4) Receipt of evidence of a binding written commitment on the part of Charles Fitzgerald to convey the Freese's building, on mutually agreeable terms, to the Northern Conservatory of Music and/or Realty Resources Limited, or to a joint venture entity of the Northern Conservatory of Music and Realty Resources Limited, for purposes of rehabilitation and redevelopment in accordance with the deed conditions set out below. Any reconveyance to Charles Fitzgerald pursuant to this Order shall be in a form approved by the City solicitor, and shall provide for a reversion of title to the City of Bangor upon the failure of Mr. Fitzgerald or his successors in interest to accomplish rehabilitation and redevelopment of the Freese's building in accordance with the following schedule: (a) Correction of all fire and life safety code violations: within 60 days from the reconveyance date; (b) Roof repair and necessary structural stabilization: within 120 days from the - reconveyance date; (c) Correction of all violations of the City of Bangor's "Bangor Center Revitalization Area Ordinance" (Chapter XIV, Bangor City Ordinances, 95-109 Original Awigied to Comxilw Frankel February 13, 1995 r CITY OF BANGOR (TITLE.) (orber. Auth0ri 1 g city m I a I n I ager to R 11 econvey Fre ases Building to Charles Fitzgerald, with Conditions ava C¢ucoo+oaof04asofB. . ORDERED, TnT WHEREAS, the City of Bangor acquired title to the Freese's building, so-called, located at 74 Main Street in the City of Bangor (Tax Map 42, Lot 146) On December 8, 1994, by reasonof the statutory foreclosure of two FY 1993 tax liens affecting said property; and. WHEREAS, Charles Fitzgerald, as previous owner of the building, has asked the City Council to allow a late redemption of the property and has tendered payment of $62,056.72 in satisfaction of all delinquent and current taxes, lien chargee, interest and other charges owed to the City of Bangor as of January 27, 1995 on account of the Freese's building; and WHEREAS, the Freese's building contains a number of uncorrected code violations, including twelve violationsrequired to have been corrected by Mr. Fitzgerald on or before - August 29, 1992 under provisions of anent decree entered in Maine District Three District Court docket . 90 -LU -013 on October 30, 1990, and an order subsequently entered on August 29, 1990 in docket no. 90 -LU -013; and WHEREAS, the Freese's building is the subject of a pending foreclosureaction by a private mortgage holder, Bruce Slovin, in Penobscot Superior court docket no. CV -94-520; and wHEREAs, the Freese's building has been identified as being in C need of rehabilitation and redevelopment in furtherance of the City of Bangor's "Community Development Downtown Revitalization Program" adopted in Council Order 82-239 adopted September 27, 1982; Original 95-109 including violations cited in docket no. 90 -LU -013: within one year from the reconveyance date; and (d) Substantial rehabilitation of not less than 60& of the interior building floor space in accordance with all City Of Bangor code requirements, so as to permit issuance of a certificate of occupancy for such space for a use or uses permitted under current zoning restrictions: within 3 years from the reconveyance date. and be it further ORDERED, THAT the City Manager's authority to re vey the Freese's building to Charles Fitzgerald pursuant to this Order shall expire on March 15, 1995, if the stated conditions precedent to reconveyance of the property have not been satisfied by that date. IN CITY COUNCIL March 15, 1995 Amended by Substitution Tab a Consi x R Meeting - - cI Rlt IN CITY COUNCIL March 27, 1995 _ Failed Passage Vote: ] No, 2 Yes Councilors Voting No: Baldacti, Blanchette, Cohen, Soucy, Sullivan, Tyler 6 Woodcock Councilors Voting Yegu Frankel S popper CITY (�j' m 95-109 IN CITY COUNCIL O R D E R February 13, 1995 Charles Gilbert (far Charles Title, Fftzgerald), Darryl Rhodes, (Northern Conservatory of Music), Authorizing City Manage[ to Reconvey Presses Joe Clau[ie r (Rasity. Resources), 6" Charles' Fitzgerald (Previous gnilding to Clraxles PlCigerald.Wi[h Cantlltiona. Owner) Spoke Regarding their various this order. inte .................................... /Syw-ern until next Re To until Here Regul r Meeting AssignedDo clan eRx CITY COUNCIL ..... . ... Councilmen February xaJ� CI1Y PRK `�� IN CITY COUNCIL March 15, 1995 Amended by Substitution Tab a Consi x R Meeting - - cI Rlt IN CITY COUNCIL March 27, 1995 _ Failed Passage Vote: ] No, 2 Yes Councilors Voting No: Baldacti, Blanchette, Cohen, Soucy, Sullivan, Tyler 6 Woodcock Councilors Voting Yegu Frankel S popper CITY (�j' m