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Home My WebLink About1989-05-22 89-230 ORDERuounor ncuon DeN 5/16/89 Item No.89-230 Approving the Final Plat - Pinewood Subdivision Item/$ubjam: Nmp We Dapanmirrk Planning Division Conlmentery: , The Planning Board at its regularly scheduled meeting of May 15, 1989 held a public hearing on the above final subdivision plan. Attorney James Dufour represented Jeffrey Berzinis, the applicant, and spoke in favor of this application. No one spoke in opposition. The Board voted five in favor and none opposed to approve the final subdivision plan for Pinewood Subdivision. xepunaw.rx Manaymt fammenn: /j� � �/�o.>t}N• s'lW+d vr�a�J' '�I�u u� an ��. at "� -' CilYCilY Mew Atwaiated Information: p i �� Budget Approval: Fiume will, Legh Approval: Cliff wuxor Intratluced For ®Pasaap ❑First BeWin Pape of ❑ Nmernl 89-230 AasKwd to CwaaBor Stone, May 22, 1989 ��pp CITY OF BANGOR (TITLE.) Mrbgrr, __. AYP owing the final.Plat Subdivision I Bytlu City CoweHofU O(NWBmmer ORDERED. . - .. I- - THAT the finalsubdivision plan for Pinewood Subdivision consisting of 32 lots and being located on Ohio Street and Blue Hill West, having been reviewed by the Planning Board and found to be in general conformance with local subdivision laws and State of Maine Statutes, Title 30, Section 4956, beapproved, subject to meeting the requirement for the provision of improvement guarantees in accordance with the pro- visions of Chapter XII, Article 8 of the Laws and Ordinancesofthe City of Bangor. . PIA a O R D E R Tiile, In city dwci. Nay 22.1939 ... ,..late Fire. P... P.. y... ..vr9m .................................. .. .. ..... ...�✓!.. .......... .......... Councilman 89-230 Item No. 30i Final Subdivision Plan - Outer Ohio Street - ' Jeffrey BersBerzi nis ' a. Applicant requests final subdivision plan approval for a 32 lot subdivision located off 04 Ohio Street and Blue Hill West in a Residential 1 Zone. b. As the Board may recall the subdivision is acua Sao off Of Ohio Street and does not connect to Blue HillWest. Lots fronting on Ohio Street will not have direct access to Ohis Street and will be screened accordingly. C. The final subdivision plan has been reviewed by the City Engineer's Office and Staff would recommend final plan. ap- proval. LL _ago Legal oeoartment Date October 30, 1989 TO: Russ McKenna. City Clerk- . FR�M11' Terri Corey py; Piveecod Subdivision For filing with your City records , enclosed please find an Improvement Guarantee Agreement between the City of Bangor aM Jeffrey P. and Audrey J. Beralnis for Pinewood Subdivision. T.C. Enclosure PINEWCOD SUBDIVISION IMPROVEMENT GUARANTEE AGREEMENT AGBBEMBMT entered into this Lwl day of 4 , 19890 by and between Jeffrey P. Berzinis and Audrey T.J. Berzinis, of - Hancock, County of Hancock, State of Maine (hereinafter referred to as "Developers") and THE CITY OF BANGOR, a body corporate, located at Bangor, Penobscot County, Maine (hereinafter referred to as "City'). RECITALS The Developers are the owners of certain land situated on Ohio Street and Blue Hill West in Bangor, known as Pinewood Subdivision, which was approvedbythe City of Bangor on May 22, 1989 (hereinafter the "Subdivision"). The Developers have agreed to perform work for completion of improvements in the Subdivision as required by the City's Subdivision Ordinance. The parties are entering into this Agreement to satisfy the requirements Of Article 8 of .the City's Subdivision Ordinance. NOW, THEREFORE, in recognition of the foregoing Recitals, it is understood and agreed, 1. Letter of Credits The Developers have provided as a guarantee an irrevocable bank letter of credit in the amount 8218000.00, from Bar Harbor Banking s Trust Company (hereinafter "Bank's which the City has agreed by execution of this Agreement is sufficient to satisfy the improvement guarantee requirement of Article B, 6 3.4 of the Subdivision Ordinance. 2. Improvements: Developers shall complete the required Improvements, including road, sanitary sewers, water mains, and storm drainage work, in accordance with the plans prepared by Ault Engineering and in accordance with the provisions and requirements of the City of Bangor Subdivision Ordinance in effect at the time of approval of the Subdivision on May 22, 1989. 3. Completion: Upon completion of the improvements, the Developers shall file with the City Engineer: (a) a statement from Developers that all required improvements are completed in strict compliance with all applicable construction standards and the approved subdivision plan and that the Developer knowsof no defects from any cause in the improvements; and (b) a statement from the Developers that the improvements are free and clear of any encumbrance or lien and that the Developers know of no defects from any cause, n the improvements. 4. Release of Letter of Credit: Within 30 days after receipt of the statements required in the preceding paragraph, the City will release the Bank from its obligations under the Letter of Credit, or the City shall notify the Developer, in writing, of any defects. Provided, however, that City shall not be obligated to release Bank from its obligations under the Letter of Credit until Developers provide an improvement guarantee, in one of the forms authorized in Article 8, Sections 3.1 to 3.5 of the Subdivision Ordinance, in the amount of $21,800.00. S. ter of Creditz If the improvements have not been satisfactorily completed by May 22, 1991, or such later time as may be provided in accordance with the Subdivision Ordinance, then the City may notify the Developers in writing of its intent to exercise its rights under this Agreement and the Letter of Credit. If the work is not completed within 30 days thereafter, the City shall have the right to obtain funds secured by the Developers' Latter of Credit and -c a the unsatisfactory or incomplete work to be completed. 6. Acceptance of Road. The Developers acknowledge that City shall not be obligated to consider acceptance of the roads In the subdivision as public ways until such time as the City is satisfied that the improvements have been completed in accordance with the aforementioned requirements. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. �J Witness J f � erainis 8 Witness Audrey J. zinis CITY OF BANGOR By. Q. Edward A. Barrett Its City Manager August 2, 1989 City of Bangor City Hall 73 Harlow Street Bangor, Maine 04401 Attn: anbert E. Miller City Solicitor HE: Jeffrey P. and Audrey J. Berzinis Irrevocable Letter of Credit No. 0802895 Gentlemen we hereby establish our Irrevocable Letter of Credit in your favor for the account of Jeffrey P. Berzinis and Audrey J. Berzinis up to an aggregate amount of $218,000.00 available by your drafts at sight. Grafts nust be drawn and negotiated not later than August 22, 1991, but not earlier than May 22, 1991. Each draft must state that it is "drawn under Letter of Credit of Bar Harbor Banking and Trust Cmioany, No. 08028%, dated August 2, 1989, and the amount endorsed on this Letter of Credit. this Letter of Credit expires and terminates on August 22, 1991, or when released in writing by the City of Bangor, whichever occurs first. this Letter of Credit is issued to ensure perfonrence by Jeffrey P. Berzinis and Audrey J. Berzinis under their agreement with the City of Eangor relating W roads and other inproveents to be constructed in the Pinewood Subdivision as dawn on the plan of said subdivision to be recorded in the Penobscot County Registry of Deeds. If Jeffrey P. Berzinis and Audrey J. Eerzin'r their successors and assigns, fail to perform in accordance with the tarns of said agreeoent, then the City of Bangor may submit drafts to the undersigned up to an aggregate awawnt of $218,000.00. (® BRfl HARBOR BANKING AND i80Si COMPPXY- BAR HARBOR, MAINE 04609 TELEPHONE : 2011288-3314 • City of Bangor ' August 2, 1989 Page Two Drafts submitted pursuant to this Getter of Credit shall be anied by all of the following: 1. A sight draft for an amount up to the available amount of this Letter of Credit, minus any prior advances paid to you under this Letter of Credit. 2. A statement from the City Ehgineer cost construction of the improvenvnts as required has rot been completed by May 22, 1991. 3. A statement from the City Engineer showing the estimated cost of the work to be completed. The undersigned hereby agrees with the drawers, endorsers and bona fide holders of all drafts shown order or in compliance with the tarns of this Letter of Credit that ouch drafts will be duly havered upon presentation to the drawee. This Irrevocable Tetter of Credit is governed by Article 5 0£ the Maine Uniform Commercial Code and, where not inwnsistent therewith, is also governed by the Uniform Customs and Practices for Commercial Documentary Credits (1983 Revision) I.C.C. Publication Po ber 400, this credit shall not in any way bs modified or amplified by any agreement or docamnt to which this credit refers or to Mach this credit relates. 'Ve((ry truly yours, Hey Ma W Vice President 1 :re