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HomeMy WebLinkAbout1994-10-12 94-433 RESOLVECODNCIL ACTION Item No. 94-433 Date October 12, 1994 Item/Subject: Ratifying Execution and Delivery of Partial Release of Subdivision Improvement Guarantees -- Bangor Mall Business Park Responsible Department: Legal In February, 1994, the City and Stillwater Avenue Land Associates entered into a Subdivision Improvement Guarantee Agreement to secure completion of project -related off-site traffic improvements In connection with "Phase II" of the Bangor Mall Business Park. As security for completion of the improvements, the developer pledged 11 lots within the approved "Phase II" subdivision. Recently, as provided in the agreement, the developer requested a release of let 3 from operation of the agreement, so that the lot could be sold to a prospective buyer. An instrument titled "Partial Release of Subdivision Improvement Guarantees" was submitted to the City for that purpose. In that the remaining ten lots provide ample security for completion of the improvements concerned, rned, the Legal Department asked the City Manager toe cute the Partial Release. The Partial Release was executed and delivered in advance of Council approval to facilitate a scheduled closing on the sale of lot 83 in the Business Park. This Resolve would ratify execution and delivery of the City's release. Associated Information: Resolve, Letter, Partial Release Budget Approval: Finance Director Legal Approval: W City solicitor Introduced For Nesi-e>i>#9EDaC AISl E r — X Passage First Reading ,� Referral Page 1 of 4 Department Head Manager's Comments: Associated Information: Resolve, Letter, Partial Release Budget Approval: Finance Director Legal Approval: W City solicitor Introduced For Nesi-e>i>#9EDaC AISl E r — X Passage First Reading ,� Referral Page 1 of 4 94-433 Assigned to Councilor Tyler lectober 12, 1994 CITY OF BANGOR (TITLE.) C""n"'f... Rat ifying,ExecutloR end,. Del iverp of Part a1 Release of Subdivision Improvement Guarantees -- Bangor Bull Business Park By the City CMw+I ofd w City WDongur. ROWLVBD, THAT the action of Edward A. Barrett, City Manager, in executing and delivering a Partial Release of Subdivision Improvement Guarantees releasing Lot No.3 at the Bangor Mall Business Park to Stillwater Avenue Land Associates 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 October 12. 1994 Passed �3 // Ci[ Clevk 94-433 R E S O L V E Ratifying ffiecutlou and Delivery of Partial Release of Subdivision improvement Guarantees Bangor Nell September 30,1994 94-433 STILLWATER AVENUE LAND ASSOCIATES 100 MUDDLE STREET TOWER A, 7TH FLOOR PORTLAND, MAINE 04101 (207) 772-0548 (207) 772-0481 FAX RE�" IVED OCT 034194 DEPAr, i e.92NT Mr. Eric Smmpfel, Esq City Solidtor City of Bangor 73 Harlow Street Bangor, ME 01401 :Th Dear Enz:. Co Thursday, Ocmber 6,1994, we Plea to close on O sale of Lot 3 m the Bangor Mail Business Pork As lou know, SpBwater Avenue Latta Associates and the City efRango+ have executeda Subdivktiion Improvement Guaremy Agreement and a Second h Vmvement GuarantyAgxmeat forcompletionofPhase1all Phase BimpmvemensmtheBmg Mail Business Pah. Weatepleasaimfmailybeathepointofsellinganaddidosa WmStore Farm MumalAmo In6araaCe Co. andwouldappresdateyommleasmg Lot83 form We mors of the Subdivision Impmvement Guarantees I have enclosed appropriate discharge doeumeas which should be executed by the City of Bangor and seatm tlw Buyers attorney with a copy tome. Pleau send fie signed documents m: Robot Morden, Esq., Marden DuborA Bernier & Stevens 44EIm Sart P.O. Box 708 Waterville. ME 01903-0708 Phone(207)873-0186 Fix (207) 873-2245 Please ensure that Mr. Mallen receives these documens prior m the Omobar 6th Closing. Thank you for your assistatme in this matin. ShICe'1J-`� F. Brown V preddent&velopaw&Srrb Umr1Hoadng ldl nc The CRY Of Same, Maine, Grandee of a Suedivalon Improvement Guaranty Agreement lrcm SlilMater Avenue Land Aemclatea, a Maine Unload Patneiship, dead August 19. 1992. and recorded at the Penobscot Coundy Rmistry of Deeds in Seek 514% Page 193; entl The Clry of Banger. Marne, grantce Of a Second Subditri Improvement Guaranty Agreement fmmSlrllwMer Avenue Land Asmci&et dil February 17, 1994 entl re(oMed in the Penobscot County Regndry of Beetle In Book 5582 Page 89, FOR CONSIDERATION PAID, relaesee to Stillwater Avenue Land Assai with a mailing address of 100 Middle Streak. Finland. Maine 04101, all Waned acquired under send SubdNlslam Improvement Gramenly Agreement and Mid Second SuMlvlpon lmpmvemant Guaranty Agreement Inline WCMISSa described as mlbws: Lor No, Thee ME) o1 Me Bangor Melt Badness Park W delineated on the Second Amended Suhdviaon Flet edhletl'Bangor M311 Business Park' dated January 22. 1993 add attended in the Penobscot County Registry of Beetle In Flan File D-8994, being a Perrot of Me premises conveyed by Bangor Mall De✓ebpment AgOtnales m.Slluwater Avenue Land ASs(clales by dead indeed August 29, 1992amd recOrtlN tithe Penobscot County Registryof Deeds In BOOL 5147. Page 2 IN WITNESS WHEREOF, The City of Bangor, Marne has caused NIS Indiumeed to be �hereuniodUl mftru ,tN84thday0l October ,1934. by Edward A. Barrett, it City Hamper, WITNESS: - The City of Bangor, Maine Name: Erik M. 9twupfel. I: City Manager $4mrof MAINE ) Countyoi Penobscot )$a October 4, 1994 PERSONALLY APPEARED the above-mmed Edward A. Barrett as City Mannar of the Gry M Bamor and acknowledged the breading Instrument m be his free and and Caedffi6tlq Jur his said capacity and he free act sad deed o£ said City of Bangor. Before me. VpY'�`^�'�' Name' �k M. EC} True: Attorney -at- e