HomeMy WebLinkAbout1988-03-14 88-155 ORDER88-155
Introduced by Councilor Shubert. March 14, 1988
:.r CITY OF BANGOR
(TITLE.) Mrbgrl _antro 1 ing Fotrth am deaat to Option AHreemeat -
... .... _. ............. __. .........
By I" OUR Coue eu of W Cal' Of Bangor. -
ORDERED,
THAT WHEREAS, rho City Of Bangor and tho'Houlton Band Of
Maliseet Indiana have executed an Option Agreement for the purchase
of a portion of urban Renewal Parcel B-1, "Phase I', as amended; and
WHEREAS, the CITY and the DEVELOPER have executed an
Option Agreement for the Purchase of a Portion of Urban Renewal
Parcel B-11 "Phase I" dated April 1, 1987; and
WHEREAS, Section A, Subsection 1, paragraph 1 Of Said
Option Agreement requires DEVELOPER to construct a four (4) story
residential building with at least 35,000 square feet of total floor
area; and
WHEREAS, Section B, Subsection 1, paragraph 2 also
requires DEVELOPER to construct a four (4) story residential
building and further requires DEVELOPER to develop the Phase I
parcel with a minimum floor area ratio of .9 (60,000 SF); and
WHEREAS, DEVELOPER'S final plans for the aforementioned
residential building contained three stories and 29,000 Square Feet;
and
WHEREAS, DEVELOPER'S plans for development of the entire
Phase I parcel indicate a floor area ratio of lees than .9; and
WHEREAS, the CITY finds DEVELOPER'S final plans for the
residential building and the development of the entire Phase I
parcel acceptable; and
NOW, THEREFORE BY THE CITY COUNCIL OF THE CITY OF BANGOR
BE IT ORDERED THAT the City Manager is hereby authorized and
directed, on behalf of the City of Bangor, to execute Fourth
Amendment to Option Agreement for Purchase of Portion of Urban
Renewal Parcel B-11 "Phase I".
88-155
ORDER
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88-155
FOURTH
AMENDMENT TO
OPTION AGREEMENT FOR PURCHASE OF ,.
PORTION OF
URBAN RENEWAL PARCEL B-11
"PHASE I"
THIS AMENDMENT to the Option Agreement of April 1, 1987 is Made
this _ day of March, 1988, by and between the CITY OF BANGOR, a
municipal corporation located in the county of Penobscot, State of
Maine (hetinafter "CITY"), and the HOULTON. BAND OF MALISEET INDIANS,
the MALISEET TRIBE OF INDIANS as constituted n March 4, 1789 and all
predecessors and successors in interest, being represented by the
Houlton Band Council of Maliseet Indiana, having its place of
business in Houlton, County Of Aroostook, State of Maine
(hereinafter "DEVELOPER").
WITNESSETH:
WHEREAS, the CITY and the DEVELOPER have e%eCuted an Option
Agreement .for the Purchase of a Portion of Urban Renewal Parcel B-11
"Phase Y" dated April 1, 1987; and
WHEREAS, Section A, Subsection 1, paragraph 1 of said Option
Agreement requires DEVELOPER to construct a four (4) story
residential building with at least 15,000 square feet of total floor
area; and
WHEREAS, Section E, Subsection 1, paragraph 2 also requires
DEVELOPER to construct a four (4) story residential building and
further requires DEVELOPER to develop the Phase I parcel with a
minimum floor area ratio of .9 (60,000 SE); and
2
WHEREAS, DEVELOPER'S final plans for the aforementioned
residential building contained three stories and 29,000 Square Foot;
and
WHEREAS, DEVELOPER'S plans for development of the entire Phase I
parcel indicate a floor area ratio of less than .9; and
WHEREAS, the CITY finds DEVELOPER'S final plans for the
residential building and the development of the entire Phase I
parcel acceptable; and
WHEREAS, by passage of Council Order 88- on March 14, 1988
_the City Council approved the provisions of this amendment to the
Option Agreement;
NOW, THEREFORE, In accordance with Council Order 88 -
Section A, Subsection 1, paragraph 1 and Section 8, Subsection 1,
paragraph 2 of the Option Agreement are hereby amended as follows,
by adding the terms that are underlined, and deleting the terms that
are struck out:
SECTION A. GRANT OF OPTION
1. Grant Of Option. The CITY grants and the DEVELOPER accepts
an exclusive option to purchase Said Premises for development of a
two (2) story commercial building containing at least 25,000 square
feet of retail and/or office space, a I r -M three (3) story
residential building containing 30 units of congregate housing and
support facilities with at least 3 r&e@ 29,000 square feet of total
floor area, and a parking area, lot, or structure containing at
least 110 parking spaces at a total estimated cost of at least $3.8
million in accordance with the terms and conditions of this option
Agreement. The purchase price for Said Premises shall be Sixty
Thousand Dollars ($60,000), to be paid by the DEVELOPER to the CITY
in cash or by certified or bank check at the time of closing on the
sale of Said Premises, less any amounts .paid by DEVELOPER t0 CITY
pursuant to this Option Agreement.
3
SECTION B. CONDITIONS PRECEDENT TO SALE OF SAID PREMISES
...Any development and use Of Said Premises shall comply with
the following development standards:
a. Minimum Lot Coverage: 338
b. Minimum Building Height: Commercial bolding - 2
stories above Exchange Street grade, residential
building - 4 3 stories above grade.
C. Maximum Development Permitted: Floor Area Ratio of
1.6.
d. Minimum Development Permitted: Floor Area Ratio of .4
_8 (60,000 SF).
e. Off -Street Parking: Developer shall provide such off-
street parking as the Committee may deem necessary for
the proposed development: Provide, however, that in no
event shall such parking be less than 110 spaces.
All terms used in this paragraph shall be defined in accordance with
the provisions of the Zoning Ordinance of the City of Bangor and any
applicable amendments thereto or replacements thereof.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals this day of March 1908.
CITY OF BANGOR
BY
EDWARD A. BARRETT
CITY MANAGER
HOULTON BAND OF MALISEET INDIANS
BY
CLAIR A. SABATTIS
TRIBAL CHAIRMAN
FI
STATE OF MAINS,
Penobscot, as. , 1988
Then personally appeared the above-named Edward A. Barrett in
his capacity as City Manager of the City of Bangor, and acknowledged
the foregoing instrument to be his free act and deed and the free
act and deed of the City of Bangor.
Printed Name:
Before me,
Justice of. the Peace
Notary Public
Attorney at Law
Then personally appeared the above-named Clair A. Sabattis in
his capacity as Tribal Chairman of the Boulton Band of Maliseet
Indians, and acknowledged the foregoing instrument to be his free
-
act and deed and the free act and deed of the Boulton Band of
Maliseet Indians.
Before me,
Printed Name:
Attorney at Law