Loading...
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