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Home My WebLink About1991-04-08 91-151 ORDERCeandl Active DM April 3, 1991 Item No. 91-151 KWOMbjem: Approving the Final Plat - Stillwater Oaks Subdivision Ibepced"OeoRt g Planning Division COmmmW: The Planning Board held a public hearing an the above -noted subd£visicar. James Saucier, an engineer representing the applicant, spoke in favor. He explained that this was the same plan that received Preliminary plan approval by the Planning Board at its meeting of February 19, 1991. The applicant was now requesting final plan approval. Al Tripp, the applicant, was also present to answer questions of the Board. No one spoke in opposition. The Planning Staff recommended approval of the final Plan subject to applicant applicant meeting the requirement for provision of improvement guarantees in accordance with Chapter XII, Regulations). Article 8 (Subdivision The Planning Board voted 5 to B in f final subdivision plan subject to tever of a motion to approve the ment for provision. of imprhe applicant meeting the require - the Subdivision Regulationsovement guarantees in an ordance with .ex AlenpeeF Cemenanb. . M mgn Aaociatad IMoemation: a BuCW Appeoval.N .� rm..an.,n, baW AppemM: cnysw�r roe �ssepe •� ❑Fine flwfinA ❑flHertM Page —oe— 91-151 Amippedpo CouneJm Sasuaud, April 8, 1991 CITY OF BANGOR (TITLE.) v1lrUr, _..._App owing the.. Final Plac,.„.,., ............ .... Stillwater Oaks Subdivision By W OUY CauseU of City of Deeper: TBAT the final subdivision plan for a Five -lot subdivision located at 1680V Stillwater Avenue - Stillwater Oaks Subdivision - having been reviewed by the Planning Board and found to be in general conformance with local subdivision laws and State of Maine Statutes, Title 30A Sections 4402-4407, be approved, subject to meeting the requirement for the provision of improvement guarantees in accordance with the provisions of Chapter XII, Article 8, of the Laws and Ordinances of the City of Bangor. j In City Council AQril 8,1991', Passed City Clerk tl i 91-151 0R GER Title, Approving the Final Plat Stillwater Oa�a .su6diriai9n..44..... I......... ........... .....�................... U 0� Councilman MEMORANDUM May 28, 1991 TO: Rnae McRenua, City Clerk FROM: Erik Stumpfel, Asst. City Solicitor RE: Stillwater Oaks Subdivision Enclosed please find the original "Subdivision Improvement Guarantee Agreement°, dated May 14, 1991, between the City of Bangor and Alfred E. Tripp, Sr., regarding the above -indicated subdivision. Would you please file this with other permanent City records in your office? to Enclosure E. S. ?" BK4833 PG305 011691 BOBDIVISION IMPROVEMSNT GUARANTEE AGREEMENT This Agreement is entered into as of the J� day Of �, 1991, by and between ALFRED B. TRIPP, SR., of Ellsworth, County of Nancock, State of Maine, (hereinafter "Subdivider") and the CITY OF BANGOR, a onicipality situated in Bangor, County of Penobscot, State of Maine, (hezeinafter "City"). RECITALS 1. Subdivider Me submitted a subdivision plan to City for final approval under City's Subdivision Ordinance. 2. Said Subdivision Ordinance requires that a Subdivider provide the City with an improvement guarantee to ensure completion Of the required improvements in a subdivision. 3. The required improvements for the proposed subdivision consist of the construction of a street and storm drainage system. 4. Subdivider has proposed utilizing a real property escrow improvement guarantee option. NOW, THEREFORE, in consideration of the foregoing recitals and the obligations of the parties hereunder, it is understood and agreed as follows: 1. Subdivider has, simultaneously with the execution of this Agreement, executed and delivered to the City a Warranty Deed conveying to the City fee simple title to the following described Premises located in Bangor, County of Penobscot, State of Maine: Lots Numbered 2 and 4 according to a certain plan entitled "Stillwater Oaks Subdivision", dated March 18, 1991, to be recorded in the Penobscot County Registry of Deeds. For Subdivider's source of title for the foregoing real estate, reference may be had to the deed from E. Almon Smith to Alfred B. Tripp, Sr., dated October 31, 1979, recorded in the Penobscot County Registry of Deeds in volume 3035, Page 36. 2. The aforesaid deed is to be held in escrow by the City as security for the satisfactory completion by Subdivider, or its agents, successors, or assigns, of the street and store drainage improvements as approved by City's Planning Board. 3. All construction and materials shall conform to the approved subdivision plan and the ordinances and requirements of the City, and all construction shall be completed in a good and workmanlike manner. During the course of the work Subdivider shall coordinate the construction activities with City's Director of Public Works and Code Enforcement Officer to provide them with an P 4 833 PG306 opportunity to conduct periodic inspections of the work in progress. In the event that Subdivider fails to provide Such inspection opportunities, the improvements shall not be accepted by the City. 4. Subdivider shall complete the required improvements by not later than April 2, 1993. Upon completion of the improvements, the Subdivider shall file with the City, (a) a statement from SudLivider's engineer that all required improvements have been completed in strict compliance with all applicable construction standards, laws and ordinances, and the approved Subdivision plan and that the engineer knows of no defects from any cause in the improvements; and (b) a statement from Subdivider's attorney that the Improvements and the land upon which the improvements are situated are free and clear of any encumbrance or lien. 5. If the improvements have not been completed to the satisfaction of the City by April 2, 1993, then the Cityshall notify Subdivider in writing of the defects and of its intent to exercise its rights under this Agreement. If the work is not completed within 30 days thereafter, the City may record the aforesaid deeds, thereby placing title to the premises in the City. City may also undertake to complete said improvements and conditions as it, in its sole discretion, dews appropriate. City shall apply any proceeds from such a sale, lees expenses, to the costs incurred by it to Complete the required improvements. In the event that such proceeds are insufficient to cover the costs of City so incurred, Subdivider shall reimburse City for the same. In the event that Subdivider falls to reimburse City as aforesaid, Subdivider agrees that in addition to the amount due, it shall also be liable to pay any costs incurred by City to collect said monies, including but not limited to Court costs, sheriff's fees, and reasonable attorney's fees. 6. Until such time as the City executes and delivers a release of its interest in the premises under this Agreement, Subdivider shall not mortgage, sell, agree to sell, or otherwise encumber or convey any interest in the premises. The parties agree that any breach of the foregoing may be prosecuted by City as a violation of its Subdivision ordinance. ]. For the purposes of this Agreement, time shall be considered of the essence. 8. Subdivider acknowledges that city shall not be obligated to consider acceptance of the improvements in the Subdivision as public ways until such time as the City is Satisfied that they have been completed in strict compliance with the foregoing requirements. 9. This Agreement shall be binding on Subdivider and City, their respective successors and assigns. IN WITNESS WHEREOF, the Subdivider and the City have caused this Agreement to be duly executed as of the day, month and year first above written. WITNESS: 4 STATE OF RAISE r CITY OF BARGIR fareert Itsi City Manager Penobscot, as. nay 11 , 1991 Then personally appeared the above-named ALFRED E. TRIPP, SR., and acknowledged the foregoing instrument to be his free act and dead in his said capacity. Before me, L1 - ,f� - a ICU x Notary Public/Attorney-at-Law Printed Name: lilo.ad a.T. O Ori tam. My Commission Expires: Ns stip s.p.L :sea STATE OF MAINE Penobscot, as. May I$a , 1991 Then personally appeared the above-named EDWARD A. BARRETT, in his capacity as City Manager, and acknowledged the foregoing instrument to be his free act and deed in his said capacity, and the free act and deed of said body corporate. -(- Before me, Nomry Public Printed Name: TEttxiTAEYt [EEC REy My Commission Expireaz iz-13-96 c C S PEHCBSCOT, ss RECtB `- 0 91 MAY i4 PH.,3 48 ATTEST; m U � REGISTER �� OK4833 PG307 ALFRED E. TRIPP, SR. r CITY OF BARGIR fareert Itsi City Manager Penobscot, as. nay 11 , 1991 Then personally appeared the above-named ALFRED E. TRIPP, SR., and acknowledged the foregoing instrument to be his free act and dead in his said capacity. Before me, L1 - ,f� - a ICU x Notary Public/Attorney-at-Law Printed Name: lilo.ad a.T. O Ori tam. My Commission Expires: Ns stip s.p.L :sea STATE OF MAINE Penobscot, as. May I$a , 1991 Then personally appeared the above-named EDWARD A. BARRETT, in his capacity as City Manager, and acknowledged the foregoing instrument to be his free act and deed in his said capacity, and the free act and deed of said body corporate. -(- Before me, Nomry Public Printed Name: TEttxiTAEYt [EEC REy My Commission Expireaz iz-13-96 c C S PEHCBSCOT, ss RECtB `- 0 91 MAY i4 PH.,3 48 ATTEST; m U � REGISTER �� o .d 562 Gc. 0 u 723 km r _ — 6TILLWATER.' CVENUG r F�ueL. SU801VIs10N PL.nti QF CITY OF BANGOR APPLICATION FOR FINAL PLAT APPROVAL DATE: $— 19-9I NAME OF SUBDIVISION: VT; 11"4ef NAME OF APPLICANT: AHred St. 1 3 C2 � 27 0 F 1 N kL �b / 3146 Atldres.s Telephone NAME OF OWNER IF DIFFERENT THAN ABOVE: DATE OF PRELIMINARY PLAN APPROVAL: NAME OF ENGINEER OR LAND SURVEYOR PREPARING PLAN: 34}P,�re GENERAL INFORMATION: TOTAL ACREAGE: SCSI NUMBER OF LOTS OR UNITS: ,S - ZONE:. A LIST ANY MAJOR CHANGES TO THIS PLAT SINCE IT RECEIVED PRELIMINARY APPROVAL TYPE OF SUBDIVISION: MINOR: MAJOR: y DEVELOPMENTAL: ' syn are or Apa lant/ r In accordance with Chapter %II, Article 6, Section 1.3 of the Subdivision Ordinance the following processing fees will be charged: SEE REVERS17 SIDE FOR PROCESSING AND ADVERTISING FEE SCHEDULES PROJECT STARTING DATE: /Ilmo 15 �9%� PROJECT COMPLETION DATE: /1.+"