HomeMy WebLinkAbout1994-04-11 94-169 ORDERCOUNCIL ACTION
Date April 11. 1994 Item M. "-IAg
Item/Subject: Authorizing the City Manager to Acquire a Portion
of the Foreer Charleston Housing Area
Responsible Department: Community s Economic Development Dept. and
Health 6 Welfare Dept.
Cousenteryz As the Council is aware, the City's application to the
U.S. Department of Health 6 Human Services for 60 units of the
Charleston Housing Area (New Capehart) was approved. The City
applied for the unite in cooperation with Hope House, Comzunity
Health 6 Counseling and the greater Bangor Area Shelter with the
goal of ensuring a successful program which will provide quality
housing services for homeless clients and maintain the integrity of
the surrounding neighborhood.
In recent months, the City has been working with the
participating agencies and an advisory group consisting of area
residents. A neighborhood meeting was also held on March 21, 1994
at Dawneast School. The attached Council Order will authorize the
City Hanger to accept and execute a Quit Clafm Dead with the U.S.
Government for these units (a draft of this deed is attached). We
anticipate that the City will be able to take possession of the
property in late spring or early summer. /
Depbttuen sad
Manager's Coresentes
aaj
City Hanger
Associated Information:QA,9�/ QW*S�-Oea,
Budget Approv
a
l
:q/
} e MIxector
Legal Approval: I �)( hAvt A 91, Aro /(� /� /yu}
Ilya( /nlmo/nnd+M On 'Yhii IiPm. UU og
City Solicitor
Introduced For
X Passage
_ First Reading Page 1 of _11,
Referral
,94-169
Aedgxedto Couneflor Blanchette April 11, 1994
CITY OF BANGOR
(TUTEE.) @rber Authorising the City Manager to Acquire a Portion of the
Forter Charleston Housing Area
By de 04Y Csaaml Of de GUY of Baxter.
THAT WHEREAS, the United States Government made the former
Charleston Housing Area available under provisions of Title V of
the Stewart B. HCHimey Homeless Assistance Act; and
WHEREAS, several agencies from the Bangor area expressed
interest in securing Charleston housing unite for the purpose of
operating housing programa for homeless clients; and
WHEREAS, the City of Bangor determined that it was
preferable to have one
entity to make coordinated application to
the U.S. Department of Health and Human Services for several of the
Charleston Housing unite; and
WHEREAS,. the City of Bangor submitted an application for
a total of 60 units on approximately 16.25 acres of land; and
WHEREAS, the City of Bangor has received =tics that the
application has been approved by the D.S. Department of Health and
Human Services and by the General Services Administration; and
WHEREAS, the project plan will result in coordinated
participation by the Bangor Department of Health and Welfare, Hope
House, Greater Bangor Area Shelter, and Community Health and
Counseling Service; and
WHEREAS; the project will be self-supporting through
tenant rents, lease payments from participating agencies and state
and federal assistance programs; and
WHEREAS, the project will make payments to the City's
general fund equal to what would be paid if the property was
privately developed; and
94-169
2/
wnER , the City of Bangor believes that the proposed
project will permit the City to work closely with participating
agencies and the surrounding neighborhood in order to provide
quality shelter for the homeless while maintaining the integrity of
the neighborhood.
THEREFORE, BE IT ORDERED that the City manager is hereby
authorized to accept and execute a Quit Claim Deed with the United
States of america under the terms and conditions of the deed, a
draft copy of which is hereto attached.
in City Council April 11, 1994
passed
Q / j
City Cle
94-169
ORDER
Title,
Authorizing the City Manager to Acquire
.. APittk;tR p.[!%4. Fj,,aF.leston, xoue}ny Area
.....�... �....... �. �. g.... .. .. .�..�q��. Qj ...
II,^^,// ... efY16n011 to
.. .. ..V �..........
Councilmen
Fy-k4 As......�
y-/1-4✓
P-
c syCa.,4,
JUDY WIIJ.IAMS ✓?"4"v'0 me
139 BOLLING DRIVE, BANGOR, HE 04401
PHONE: (207) 945-0845
April 11, 1994
TO: CITY COUNCILORS
RE: NEW CAPBRART TRANSITIONAL, ADVISORY GROUP AS IT SPECIFICALLY
RELATES TO REAL ESTATE ASSESSMENT AND TAX ISSUES.
CHRONOLOGY OF TAX ISSUE:
San 31, 1994 1 raise concern that my Belling Drive property i
over assessed City Officials of the Transitional
Advisory Group agree to address issue at next
meeting having Ben Birch present.
Feb. 23, 1994 Ben Birch discusses assessment basis. He brings
written documentation of sales and current
listings on Randolph Drive Properties but does
not brina similar matatial On Bolling drive
properties'
I point out to Mr. Birch and the Advisory Group
that two local independent real estate appraisers,
the first of whom worked for the residential
department of Singleton, appraised my property at
a top value of $75,000.00 or nearly $9,000.00 less
than the city of Bangor's assessment for tax
purposes.
Mr. Birch says it will be 18 months before he can
tell the impact the homeless housing project will
have in our area.
Kenneth Gibb asks Mr. Birch to prepare written
documentation of sales and current listings of
Bolling Drive as he did for Randolph Drive and
have them available at the next meeting.
Mar. 4, 1994 I receive a letter PREDATED TD X88. 1]. 1994 i
enveloce et from the
assessing department of the City of Bangor
telling me to contact them before PEB29,19944 or
they will estimate the value of my property and no
abatement or adjustment can than be made.
Mar. 7, 1994 Phillip Drew of Bangor Assessing keeps the
appointment I made on Mar. 4, to tour my property.
Mar. 10, 1994
(approximate date) I receive my Copy Of the New
Capehart Housing Newsletter which contains a large
section on Ren Birch but not a word about the
request for documention of the Bolling Drive area.
It ends by saying that, "Ben assured everyone that
his office will keep a very close watch on the
data, and will make any adjustments in a fair and
consistent manner."
Nor. 18, 1994
I receive a letter from Phillip Draw informing me
my Bolling drive
property assessment as risen
$3,400.00 to $86,000.00, not including appliances,
making it now worth $11,000.00 more than two,
local independent appraisers told my lending back
it was worth 9 months ago.
Her. 211 1994
Mr. Birch is = in attendance at the Downeast
School gym meeting and no mention is made of the
Bolling Drive documention.
Mar. 24, 1994
(Approximate) I call Kenneth Gibb and tell him of
my predated letter from city Assessing and my
assessment. I tell him I am Concerned that these
actions occurred as a result of my being on the
committee and questioning Hr. Birch's department
and I request Nr. Gibb's assistance in getting
the promised data on Bolling Drive Sales and
listings.
Apr. 7, 1994
I receive a letter informing me of the final
meeting to take formal action on the homeless
housing project.
I have not heard again from Mr. Gibb.
I have net received documention on the Bolling
Drive area sales and current listings.
NOTE: THE REASON THIS DOCUMENTION IS IMPORTANT IS
THAT RANDOLPH DRIVE IS PREDOMINATELY ONE FAMILY HOUSING WHILE THE
BUGLING DRIVE
AREA IS PREDOMINATELY MULTI -FAMILY HOUSING, WITH
SOME SUCH AS MINE BEING OWNER -OCCUPIED.
WHAT I WANT TO mow:
My is the City appraisal and the bank appraisal so different?
Isn't the City
appraisal supposed to reflect my selling price?
How can I sell
my property for $86,000. if the bank will only
approve a loan
based on the top Value of $75,000.00?
NEN C ERART TRANSITIONAL
ROUSING ADVISORY. GROUP
February 23, 1994 Meeting 7'-00pm "
AGENDA
1. Introductions
3. Review of Agency Plane, Program Descriptions
- HOPE HOUSE
- WELLSPRING
3 =Neighborhood ASeeeaments _
- B j Birch, City Assessor
4. Discuss Meeting date, and Agenda for full neighborhood
meeting.
S. Other Business
6. Adjourn
RANDOLPH DRIVE PROPERTIES
SALES
1992 Sale Assessed Sold
5/92 Randolph Drive $62,900.00 $62.900.00
CURRENT LISTINGS ON RANDOLPH DRIVE
Map/Lot
Address
Assessed
Listing
66-14
94 Randolph
$64,300.00
479.900.00
66-9D
129 Randolph
$63,500.00
$69,900.00
66-9A
131 Randolph
$64.800.00
$759000.00,
66-15
140 Randolph
$63.400.00
$789500.00
66-19
154 Randolph
$70.400.00
$88,600.00
clrr op
AINE
kamesiel
ASSESSING DEPM ENT \e.AlaKUW
Benjamin Binh, Jr., Air
UIIIan smtlb, Pypracx
Earl Sherwood, App JwWTksn
RMntle Jorten.MmunlCNh
February 17, 1994
Judith Williams
201 Huston Avenue
Bangor ME 04401
Dear Ms. Williamsf
This letter is a follow up of or previous attempts to
contact you by phone and by visit from the Bangor
Assessing Department.
We are requesting that you contact our office at your
earliest convenience to schedule a appointment for us to
inspect your property at 139-141 Bolling Drive. In order
for our eords t0 be accurate and not estimated, it i
necessary us to inspect the interior and exterior of
yourproperty.
If you fail to contact us by February 27. 1994 w will
be forced to estimate the value of your property•
If an estimated value is used, no abatement or adjustment
n be made until a complete inspection of your property
has occurred.
Please call us at 945-4400 ext. 21B.
Sincerely,
Rhonda Jordan
Accounts Clerk
I/
CIN of
MAINE
ASSEBenja51NODEPr, AsumIT inmaw.um
Men Sh th,BirJc,Air,
Ead SSmith, Appm¢a
Earl Sherwood. ReoeotU k
h.
BMMa bNen. Accts CbM
March 11, 1994
Ms. Judith Will:am5
201 Musson Ave -_e -
Bangor, ME 04-01
Dear Ms. W5111tas:
This letter is xritten to inform you as to the findings of
the City of Bar s Assessing
ng Department. I inspected the
property at 13=-141 Be! ling Drive with you on March P, 1994.
After updating =he city records. the proposed fiscal year
ls9t assessment, will be $86,000.
This office i .e that you purchased the property in June
1993 for $75,c: .
As a check on - ost less depreciation method of
assessment, I [ veloped a value for the property using the
income approach, assuming both units were leased at market
Pent and with approprfiate expenses. This method gave a value
range of $84,000. to ®92,000. Our assessment of $86,000.
falls within t`:s range. _
Should you have any further questions p , please
feel free to contact me anytime At 945-4400 ext.. 220.
Sincerely,
- aAC^
Philip
e
Assessing Department
`CIT}}V��OF
YMWAINE
YYYYYY ASSESSING DEPMTMENT ie.mreu..eo
Bw4wnln &mar, Jr.. Awn:
"Han& h. AGpmeer
Earl Sherwood, nppra®Vred.
RMMe Jaman. � CN
Date: Mp�ch I4/944
RE: Map �6 Lot 9y Account a 76009
Property Location:
Dear M5. igahpms
As as ult of your recent assessment review, please find the
currentvaluation below..
Lana:
£ lyr9oo.ca
Building:
a
Exempt:
£
Total: s %0OC-0
Comments: This new valuation is the result of a recent s
r -
your property, and will go into effect for the fiscal
year of IS95.
If you have any further questions or concerns, please feel free to
contact the Assessor's office at 945-4400 ext 220.
Sincerely,
P" A. oma...-
Philip Drew
Assessing Department
"A RESULT OF IIIEANNILYUUHMUNM1iIRMU Y NLLL11
FROM PRE STATE THROUGH
AD RD ED"TUN 1
6.60% FROM THE STATE�MUNRJPAL RAPE!
SHARING PROGRAM.
SINRNG PROGRAM.
PPINARY 6CMOCL4
E 9,23L696
4ECONDARY SCHOOL
4,526.241
PPECIAL
AD.
2.115,109
60 DEBT
SERVICE
200350636
'.STA INPROVCENT
4300S41
_11160 9 TALEMID
345.169
OTHER EDOCATION
400920934
TOTAL EDUCATION
220752.466
PUBLIC SAFETY
900300716
PUBLIC SERVICES
54440I35.
;ENERAL BOSSY
4000SP009
DEBT 9kRVICE
1.656.422
COUNTY TAX
LI1LO52
HEALTH L WELFARE
50.605
PRAM$ L AEC.
701.629
PUBLIC LIBRARY
$900365
AE61RVES
7550349
HEC, GIST. TAX
"90.050
70TAL
146066OP011
YOUR TAX BILL HAS BEEN REDUCED 9Y 4 S. iJ .
AS A NEWLT OF THE MONEY OUR M>NGMLTY nECERAS
FROM THE STATE THROUGH
MO tt1 DWORKIN AND
f.n,FROM THE 5IATEfALYAgML REMENUE
SINRNG PROGRAM.
10600
+n.Y J.I.
:>L :Al
tC] uY LC eG :L
•5' c
'Loll Ll.
:,11>,1•..A
..L V9 L. AV,
0^s3,f36
Lr
.IFlll T.t1t,
14d,141
.44, 14V
TITO.ltft L10.•
4PM2.43Y
106LOUC.
7CTIR .DUATJO::
230792,416
E6*LIC 9.eLIY
400400716
DJIAC :1 RVICL.
4,201,9E
9EIIEA SL .0'VPr
10456,001
Lt4T SL LVSC I:
1,156,422
LDUAfY TAX
1,1/2, C>2
-"t. ,
In . 1TAn,
,•I.
06
494 L
)J 1,e19
..LILL, R4..Y
1419WL `J
95$,341
INk
O,GH:)
" TIAL
616,0 00,011
OR - APTS
flPRiE ESiTR4iMID FRANCE OF 10.DD k`PER YENL
IISF FAVMENT DUE 9197 15.1993 INTEREST DUE AFTER $OPT 170199$
leu RI MENT WE 04!k U. 1994
MAPLE MILL TONNNOUS93 INC
C/O WILLIAMS JUDY
139 SOLLINO DRIVE
BANGOR Of 04402
PRIOR TO REVERSE SIN FCM SWUNG MIRMUCTIONS AND
OUR SEPT 1SP1993 17.60
PAID TO DATE.... M�.j4i1D
PREPAVNENT...... $.50
DUE MAN ISM 1994 17.60
TOTAL........... $.50
Tit!) nl lHttnr, nr, +. attW — REAL EDTAIE TMX 1904
tl LI 019
b l>4 .:CLL IR TI (911 1DJ�141)
NTERESf RARE ON UMgp BALANCE O
.CO Y PER YEAR
IST PAYMENT BLE 9\P] 15.1V93 INTyEREST DUE AFTER SEPT 17,1991
3N0 MYA£M WE 5•N9'..•1.5•�'•T94R.. •IN1¢IRSF OLE'AP1ER
�xXR 15. 1994
M
10009 14,400 e06. 40C 62.600 22OU 1 pt] 'D
INTEREST I
MAPLE MILL 7011 INC
C]J WILLIAMS JUDITx
139 60LLIk6 DRI
xV \
ANLOR PE U1401 ]1
DUE SEPT 15,1993 90A.00
PAID TO OAtl....--:f9GA49
UNPAID BALANCE.. .00
-5E MR 15, 1994 906.4C
Mw.mr n [aNLAxr
N9 MF-
«33.20
SE759
10600
22.00
MAPLE MILL TONNNOUS93 INC
C/O WILLIAMS JUDY
139 SOLLINO DRIVE
BANGOR Of 04402
PRIOR TO REVERSE SIN FCM SWUNG MIRMUCTIONS AND
OUR SEPT 1SP1993 17.60
PAID TO DATE.... M�.j4i1D
PREPAVNENT...... $.50
DUE MAN ISM 1994 17.60
TOTAL........... $.50
Tit!) nl lHttnr, nr, +. attW — REAL EDTAIE TMX 1904
tl LI 019
b l>4 .:CLL IR TI (911 1DJ�141)
NTERESf RARE ON UMgp BALANCE O
.CO Y PER YEAR
IST PAYMENT BLE 9\P] 15.1V93 INTyEREST DUE AFTER SEPT 17,1991
3N0 MYA£M WE 5•N9'..•1.5•�'•T94R.. •IN1¢IRSF OLE'AP1ER
�xXR 15. 1994
M
10009 14,400 e06. 40C 62.600 22OU 1 pt] 'D
INTEREST I
MAPLE MILL 7011 INC
C]J WILLIAMS JUDITx
139 60LLIk6 DRI
xV \
ANLOR PE U1401 ]1
DUE SEPT 15,1993 90A.00
PAID TO OAtl....--:f9GA49
UNPAID BALANCE.. .00
-5E MR 15, 1994 906.4C
94-169
DRAFT
Contract No.
QUITCLAIM DEED
THIS INDENTURE, made this day of , 19
between the United States of America, acting through the
Secretary of Health and Human Services, by the Director, Division
of Health Facilities Planning, U. S. Public Health Service, U.S.
Department of Health and Human Services, under and pursuant to
the power and authority provided by the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. S 484[k7), as
amended (hereinafter called the Act) and regulations promulgated
pursuant thereto at 45 C.P.R. Part 12, and the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C. 5 11411), as amended,
and the
(hereinafter called the Grantee).
WITNESSETH
WHEREAS, by letter dated 19 (and amended
119 ), from the General Services Administration,
certain surplus property consisting of
hereinafter described (hereinafter called the Property), was
assigned to the Department of Health and Human Services
(hereinafter called theGrantor)for disposal upon the
recommendation of the Grantor that the Property is needed for
health purposes in accordance with the provisions of the Act; and
WHEREAS, said Grantee has made a firm offer to purchase the
Property under the provisions of the Act, has made application
for a public benefit allowance, and proposes to use the Property
for said purposes; and
WHEREAS, the .Grantor has accepted the offer of the Grantee,
NOW, THEREFORE, the Grantor, for and in consideration of the
foregoing and of the observance and performance by the Grantee of
the covenants, considerations and restrictions hereinafter
contained and other good and valuable consideration, the receipt
of which is hereby acknowledged, has revised, released and
quitclaimddand by these presents does remise, release and
quitclaim to the Grantee, its successors and assigns, all right,
title, interest, claim and demand, excepting and reserving such
rights as may arise it= the operation of the conditions
subsequent hereinafter expressed, which the United States of
America has in and to the Property, situate, lying, and being in
the County ofState of
and more particularly described as follows:
94-169
SUBGBCT to any and all other existing easements,
encumbrances, covenants, restrictions, reservations or conditions
affecting the above described property whether or not the same
appear on record.
The Grantee is hereby informed and does acknowledge that the
certain portions of the improvements on the property subject to
this Deed are thought to have been constructed or rehabilitated
prior to 1978 and are duly presumed to contain lead-based paint.
The grantee shall, therefore, admit no child under the age of
seven (7) years thereon for any purpose until and unless the
Grantee has certified to the Grantor that all applicable surfaces
therein have rendered, or have been corrected to render, test
readings indicating the presence of less than i milligram of lead
per square centimeter. (Applicable surfaces means all intact and
non -intact painted interior and exterior surfaces of a building.)
All such testing shall be conducted using an X-ray Fluorescence
(X") Analyzer, or such other apparatus as may be recognized by
the National Institute of Standards and Technology to have equal
or superior detection capability. Any abatement measures
necessary prior to retesting shall be conducted to standards that
equal or exceed the specifications referenced in the Code of
Federal Regulations at 24 CFA 35.24(b)(2)(ii), attached hereto as
Exhibit A, and in the document labeled exhibit B, appended to the
addendum hereinbefore mentioned.
The Grantee shall comply with all applicable Federal, State,
municipal, and local laws, rules, orders, ordinances, and
regulations in the occupation, use, and operation of the
Property.
TO HAVE AND TO HOLD the Property subject, however, to each
of the following conditions subsequent, which shall be binding
upon and enforceable against the Grantee, its successors and
assigns, as follows:
1. That for a period of thirty (30) years from the data
hereof the Property herein conveyed will be used
continuously for health purposes in accordance with the
proposed programand plan of the Grantee as set forth in
its application dated the day of 19 ,
and for no other purpose.
2. That during the aforesaid period of thirty (30) years
the Grantee will not resell, lease, mortgage, or
encumber or otherwise dispose of any part of the
Property or interest therein except as the Grantor or
its successor in function may authorize in writing.
94-169
3. Where construction or major renovation i not required
r proposed, the Property must be placed into use
within
twelve (12) months from the date of this deed. where
construction or major renovation is contemplated at the
time of transfer, the Property must be placed into use
within thirty-six (36) months from the date of this
deed.
4. That one year from the date hereof and annually
thereafter for the aforesaid period of thirty (30)
years, unless the Grantoi,or its successor in function
directs otherwise, the Grantee will file with the
Grantor or its successor in function reports on the
operation and maintenance of the Property and will
furnish, as requested, such other pertinent data
evidencing continuous use of the Property for the
purposes specified in the above -identified application.
5. That during the aforesaid period of thirty (30) years
the Grantee will at all times be and remain a
tax -supported organization or a nonprofit institution,
organization, or
association exempt from taxation under
section 501(c)(3)of the Internal Revenue Code of 1986.
6. That, for the period during which the Property is used
for the purpose for which the Federal assistance is
hereby extended by the Grantor or for another purpose
involving the provision of similar services or benefits,
the Grantee hereby agrees that it will comply with the
requirements of section 606 of the Act (40 U.S.C. 5
476); the Fair Housing Act (42 U.S.C. 4 3601-19) and
implementing regulations; and, as applicable, Executive
Order 11063 (Equal Opportunity in Rousing) and
implementing regulations; Title VI of the Civil Rights
Act of 1964 (42 U.S.C. 5 2000 to d-4)
(Nondiscrimination in Federally Assisted Programs) and
implementing regulations; the prohibitions against
discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. 4 6101-07) and
implementing regulations; the prohibitions against
otherwise qualified individuals with handicaps under
Section 504 of the Rehabilitation act of 1973 (29 U.S.C.
g 794) and implementing regulations, and all
requirements imposed by or pursuant to the regulations
of the Grantor (45 CFR Parts 12, 80, 84, and 91) issued
Pursuant to said Acts and now in effect, to the end
that, in accordancewithsaid Acts and regulations, no
person in the United States shall, on the ground of
,race, color, national origin, sex, age, or handicap, be
94-169
excluded from participation in, be denied the benefits
of, or otherwise be subjected to discrimination under
the program and plan referred to in condition numbered 1
above or under any other program or activity of the
Grantee, its successors or assigns, t0 which said Acts
and regulations apply by reason of this conveyance.
In the event of a breach of any of the conditions subsequent.
set forth above, whether caused by the legal or other inability
of the Grantee, its successors and assigns, to perform any of the
obligations herein set forth, the grantor or its successor in
function will, at its option, have an immediate right of reentry
thereon, and to cause all right, title, and interest in and to
the Property to revert to the United States of America, and the
Grantee, its successors and assigns, shall forfeit all right,
title, and interest in and to the Property and to any and all of
the tenements, hereditaments, and appurtenances thereunto
belonging; PROVIDED, HOWEVER, that the failure of the Grantor or
its successor in function to insist in any one or more instance
upon complete performance of any of the said conditions
subsequent shall not be construed as a waiver of or a
relinquishment of the future Performance of any of said
conditions subsequent, but the obligations of the Grantee with
respect to such future performance shall continue in full force
and effect; PROVIDED FURTHER, that, in the event the Grantor or
its successor in function fails to exercise its option to reenter
the premises and to revert title thereto for any such breach of
conditions numbered 1, 2, 3, 4, or 5 herein within thirty-one
(31) years from the date of this conveyance, conditions. numbered
1, 2, 3, 4, and 5 herein, together with all rights to reenter and
revert title for breach of condition, will, as of that date,
terminate and be extinguished; and PROVIDED FURTHER, that the
expiration of conditions numbered 1, 2, 3, 4, and 5 and the right
to reenter and revert title for breach thereof, will not affect
the obligation of the Grantee, its successors and assigns, with
respect to condition numbered 6 herein or the right reserved to
the Grantor, or its successor in function, to reenter and revert
title for breach of condition numbered 6.
The Grantee, by acceptance of this deed, covenants and
agrees for itself, its successors and assigns, that in the event
the Grantor exercises its option to revert all right, title, and
interest in and to the Property to the Grantor, or the Grantee
voluntarily returns title to the Property in lieu of.a reverter,
then the Grantee shall provide protection to and maintenance of
the Property at all times until such time as the title is
actually reverted or returned to and accepted by the Grantor.
Such protection and maintenance shall, at a minimum, conform to
the standards prescribed by the General Services Administration
in FPMR 101-47.4913 (41 CFR Part 101) now in effect, a copy of
94-169 1
5
which is attached to the Grantee's aforementioned application.
The Grantee, by acceptance of this deed, covenants and
agrees for Itself, its successors and assigns, with respect to
the Property or any Partthereof--whichcovenant shall attach to
and run with the land for so long as the Property is used for a
purpose for which Federal assistance is hereby extended by the
Grantor or for another purpose involving the provision of similar
services or benefits, and which covenant shall in any event, and
without regard to technical classification or designation, legal
or otherwise, be binding to the fullest extent permitted by law
and equity, for the benefit of and in favor of and enforceable by
the Grantor or its successor
essor in function against the Grantee, its
successors and assigns for the Property, or any part
thereof --that it will comply with the requirements of section 606
of the Act (40 U.S.C. S 476); the Fair Housing Act (42 U.S.C. 6
3601-19) and implementing regulations; Executive Order 11063
(Equal Opportunity in Housing) and implementing regulations;
Title VI of the Civil Rights Act of 1964 (42 U.S.C. S 2000d to d-
4) (Nondiscrimination in Federally Assisted Programs) and
implementing regulations; the prohibitions against discrimination
n the basis of age under the Age Discrimination Act of 1975 (42
U.S.C. S 6101-07) and implementing regulations; and the
prohibitions against otherwise qualified individuals with
handicaps under Section 504 of the Rehabilitation Act of 1973 (29
U.S.C. S 794) and implementing regulations; and all requirements
imposed by or pursuant to the regulations of the Grantor (45 CFR
Part's 12, 80, 84 and 91) isued pursuant to said Acts and now in
effect, to the end that, in accordance with said Acts and
regulations, no person in the United States shall, on the ground
of race, color, national origin, sex, age, or handicap, be
excluded from participation in, be denied the benefits of, or
otherwise be subjected to discrimination under the program and
plan referred to In condition numbered 1 above or under any other
program or activity of the Grantee, its successors or assigns, to
which such Acts and regulations apply by reason of this
conveyance.
The Grantee, by acceptance of this deed, covenants and
agrees for itself, its successors and assigns, that the Property
is transferred on an "as is, where is," basis, without warranty
of any kind, either expressed o implied, including as to the
condition of the Property. The Grant" also covenants and agrees
for itself, its successors and assigns, that the Grantor has no
obligation to provide any additions, improvements, or alterations
to the Property.
In the event title to the Property or any part thereof is
reverted to the United States of America for noncompliance oris
voluntarily reconveyed in lieu of reverter, the Grantee, its
94-169
successors or assigns, at the option of the Grantor, or its
successor in function, shall be responsible for and shall be
required to reimburse the United States of America for the
decreased value thereof that is not the result of reasonable wear
and tear, a act of God, or alterations and conversions made by
the Grantee its successors or assigns, to adapt the property to
the health use for which the property was transferred. The
United States of America shall, in addition thereto, be
reimbursed for such damage, including such costa as may be
incurred in recovering title to or possession of the
above-described property, as it may sustain as a result of such
noncompliance.
The Grantee may secure abrogation of the conditions
subsequent numbered 1,e2, 3, 4, and 5 herein by:
a. Obtaining the consent of the Grantor, or its successor
in function, therefor; and
b. Payment to the United States of America of 1/360th of
the percentage public benefit allowance granted of the
fair market value as of the date of such requested
abrogation, exclusive of the value of improvements made
by the Grantee to the extent that they add to the value
of that portion of the Property to be released, for each
month of the period to be abrogated.
The Grantee, by acceptance of this dead, further
covenants and agrees for itself, its successors and assigns, that
in the event the Property or .any part thereof is, at any time
within the period of thirty (30) years from the date of this
conveyance, sold, leased, disposed of, or used for purposes other
than those designated in condition numbered 1 above without the
consent of the Grantor, or its successor in function, all
revenues therefrom or the reasonable value, as determined by the
Grantor, or its successor in function, of benefits to the
Grantee, deriving directly or indirectly from such sale, lease,
disposal, or
uc
shall be considered to have been received and
held in trust by the Grantee for the United States ofamerica and
shall be subject to the direction and control of the Grantor, or
its successor in function; but the provisions of this. paragraph
shall not Impair or affect the rights reserved to the Grantor
under any other provision of this deed. In addition, the
Grantee, its successors or assigns, shall be solely liable for
all costs relating to any required clean-up resulting from any
hazardous or toxic substances being placed on the property during
its use by said Grantee, its successors or assigns.
94-169
IN WITNESS WHEREOF, the Grantor has caused this instrument
to be executed as of the day and year first above written.
UNITED STATES OF AMERICA
Acting through the Secretary
of Health and Human Services
By:
Kathleen Furey. Martin
Director
Division of Health Facilities Planning
Public Health Service
ACKNOWLEDGMENT
STATE OF MARYLAND )
COUNTY OF MONTGOMERY ) SS
On this day of 19 , before me the
undersigned officer, personally appeared Kathleen Furey Martin,
known to me to be the Director, Division of Health Facilities
Planning, Public Health Service, Department of Health and Human
Services, and known to me to be the person who executed the
foregoing instrument on behalf of the Secretary of Health and
Human Services, for the United States of America, and
acknowledged to me that she subscribed to the said instrument in
the name of the Secretary of Health and Human Services and on
behalf of the United States of America.
Witness my hand and official seal.
(SEAL)
Notary Public
My commission expires
ACCEPTANCE
The
hereby accepts this deed and thereby accepts and agrees to
all the terms, covenants, conditions and restrictions contained
therein.
0
ACKNOWLEDGMENT
STATE OF
COUNTY OF ) SS
94-169
On this day of , 19 before me,
a Notary Public in and for the City of ,
County of
State of , personally appeared
known to me to be the
and known to me to be the person
who executed the foregoing instrument on behalf of
and acknowledged to me that he executed
the same as the free act and deed of
Witness my hand and official seal.
(SEAl,)
Notary Public
My commission expires