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Home My WebLink About1987-09-22 87-348 ORDER87-348 Introduced by Councilor Frankel, September 22, 1987 CITY OF BANGOR (TITLE.) (Orb . ..._pyx ndiuH optiop_.ABreemenx Moulton Band of ptassmeet Indiana Development Coxporatioa - Urban Reneval Parcel B-11 "Phase I" _..._..... .......I..__ ............. .......... ................. .._.. _._ By the City Coenedi of the Cite of Beeper. ORDERED, ' - . .. - THAT WHEREAS, the City of Bangor entered into an Option Agree- ment for Purchase of Portion of Urban Renewal Parcel B-11 "Phase I" with the Houlton Band of Maliseet Indians Development Corporation (hereinafter "Developer') dated April 1, 1987; and WHEREAS, Section A. 2. contains a provision that the Option Agreement may be extended upon approval by the City Council of the City of Bangor for an additional three month period commenc- ing on July 1, 1980 and ending on September 30, 1987 provided that the Developer provided the City Council satisfactory evidence of a preliminary commitment for the financing of the proposed develop- ment by a private lending institution and the U. S. Bureau of Indian Affairs; and WHEREAS, said extention was granted by passage of Council Order 87-244 on July 1, 1987; and WHEREAS, Section A. 2. further provides that the Option 'Agreement may be further extended upon approval of the Bangor City Council for a third period of six months commencing ing on October 1, 1987 and ending on March 30, 1988 provided that the Developer shall have obtained a legally binding commitment for the financing of their proposed project by a private lender and the U. S. Bureau of Indian Affairs and upon payment of a One Thousand Two Hundred Dollar ($1,200.00) option fee; and WHEREAS, the Developer has provided the City Council with satisfactory evidence of a legally binding commitment for the finan- cing of their proposed project by a private lender and the U. S. Bureau of Indian Affairs; NOW, THEREFORE, BY THE CITY COUNCIL OF THE CITY OF BANGOR BE IT ORDERED THAT, the City Manager is hereby authorized and direc- ted to execute an Amendment to the Option Agreement for Purchase of Portion of Urban Renewal Parcel B-11 "Phase I' by and between the City of Bangor and the Houlton Band of Maliseet Indians Development Corportion dated April 1, 1987, providing for a extension of the Option Agreement commencing on October 1, 1987 and ending on March 30, 1988, upon the payment of the option fees required in said Agreement. IN CITY COUNCIL September 22, 1987 Vote tam a the question passed by he fallowing yes and no votes. Councilors voting yea: Brown. Frankel, Lebowitz, Shubert, Sullivan and Tilley. Councilors voting o: Cox and Sawyer. Councilor abstaining: Willey. Passed by the fallowing yes and no votes. Councilors voting yes: Frankel. Lebowitz, Shubert. Sullivan and Tilley. Councilors voting no: Brow. Cox and Sawyer. Coupwalor abstainln&v+llley. CLERK 8]-348 ORDER Title, Extending option Agreement - Houlton Band A X%Lfs4r.S pRSAcp ygf. Cpxpwation Urban Renewal Parcel B-11 Phase P Introduced and filed by Councilman "�w�., `Mll a Bangor, the ranter of Moixe—the GarounY to Maines North Woods and Seashore Rerorts OW „Walk" u'un.mm MATTHEW now "'"" CHU of Paagor, dame September 25, 1987 Pamela Chute, Esq. Mitchell 6 Stearns One Merchants Plaza Bangor, Maine 04401 Dear Pamela: Enclosed please find three originals of the Second Amendment to the Option Agreement executed by the City ofBangor and the Moulton Band of Maliseet Indian Development Corporation. .After you have had an opportunity to review the Amendment, please have Wendy and Claire Sabattis execute all three originals and return them for the City Manager's signature. Also, please remind them 3o: -submit -the option fee of $1200 dollars with the executed documents, One copy:. Of the Amendment will be returned to the Corporation after the City Manager signs it and the option fee is received. If you have any questions or comments regarding this matter, please call my office. Sincerely, Matthew Nichols Asst.: City Solicitor MBN/rp COPY to: Thomas E. Small, Interim City Manager Rodney McKay,.. Director.. - of Planning 6'Community De V. SECOND '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 , 1987, by and between the CITY OF BANGOR, a municipal corporation located in the County of Penobscot, State of Maine (hereinafter 'CITY'), and the MOULTON BAND OF MALISEET INDIANS DEVELOPMENT CORPORATION: a Maine Corporation having a place of business in Houlton, County of Aroostook, state of Maine (hereinafter "DEVELOPER"). WITNESSETH: 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 2., Paragraph 1 of the Option Agreement provides that the Option Agreement shall remain in effect until September 30, 1987 and that the Option Agreement may be extended upon approval by the City Council of the City of Bangor for an additional six month period commencing on October 1, 1987 and ending on March 31, 1988 for a third non-refundable option fee Of Twelve Hundred Dollars ($1200.00) provided that the DEVELOPER has provided said City Council satisfactory evidence of a legally binding commitment for the financing of said development by a private lending institution and the U. S. Bureau of Indian Affairs; and WHEREAS, the DEVELOPER provided the City Council with satis- factory evidence of a legally binding commitment for the financing of their proposed project by a private lender and the U. S. Bureau of Indian Affairs; and WHEREAS, by passage of Council order 8)=348 on September 22, 1987 the City Council approved the extension of the Option Agreement until March 31, 1988; NOW, THEREFORE, in accordance with Council order 87-348, Section A., Subsection 2., Paragraph 1 of the Option Agreement is hereby Amended as follows, by adding the terms that are underlined, and deleting the terms that are struck out: 2. Price and Length of Option. This Option Agreement shall remain in effect from the date hereof until SepSembet--38,3949 March 31, 1980. The non-refundable option fee for said thraa six month period danby-;v-}9g-g-tgr�a-6ep,epbes-30r-3980. October 1, 1987 thru March 31, 1988 is Six Twelve Hundred Dollars {$680.,494-($1200.00), which shall be paid to CITY in cash or by certified or bank check, at the time of execution of this Option Amendment. +Pho-q@E;ort-Agtaemenbio- haeabp-e:ei nded-£Oran-addiCionei-ilrreemoiAtr-peeiad-ecammeeeO}ngon- du1.y._3._-LgBp-and-e,wliwgoa_Sepkembae.30.r_38&7-r-foe-a_aaeegdaou.. eafimdetrl4-epCian-¢ee-of9ixitandeed-fmk}eza-E5608sBB}oince-!he BEV EL-BFER-Peo-pxeu-ide6-5etd-Ct4y-Cannci}-aMia£eePaeyav#derfee-of-a- @c YimiwacY-Lamm;tmewt-tnr-the-£S.nancSng-af-aaiddcvebopwent_py.a_ privato-3endiiq-im!s ttit-ien-and-tfie-tl:-9r-Eiereevasf-;m#40rrt-A€8atx3. -FRas-4@Diow-A4eaemen6-maY-ba-€acLhac-eztawded-YPo++-af�[>cwvaL-of-+Jaa- Baagoe-EikY-8oewold-for_a-ttflr-9-peciedoE-aiaE-egeeEgs-osmmefplagas- Betoher-fir-;98'6-aM-enddwq-on-waraq-341,--b9II&r-Ypoo-the-Pa+,wawt-o€_a_ wpft,F3fen44aAL6-ePL}OP-f-iA-kho- a@pYl,t-0f-dna-ygWYGaa1B-TWn JIYwd.eed_ Bal-lees-{-$}�.20p.0U1-@ioviSed_EgaL-kqe-U6YEi,0i+6W Nxald-havaoPta ioeLd lagably-klwdinB_cpmoitrawt-foc_tga_fiawuci }..ef_said_prY3¢ct_by_.a_ @,irate-lewdas-awd-kha B.-S.-bwraaY_pL_39dim-ecc=ira�- All Option fees hereunder shall be payable in advance. 3 IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first written above. CITY OF BANGOR m Witness Thomas E. Small Interim City Manager MOULTON BAND OF MALISEET INDIANS DEVELOPMENT CORPORATION 0 Witness Clair A. Sabattis Tribal Chairman M Witness Wendy D. Sabattis Its President STATE OF MAINE Penobscot, as. , 1987 Then personally appeared the above-named , in his capacity as of the City of Bangor, and acknowledged the foregoinginstrument 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 STATE OF MAINE Penobscot, so. 1987 Then personally appeared the above-named WENDY D. SABATTIS, in her capacity as President of the Houlton Band of Maliseet Indians Development Corporation, and acknowledged the foregoing instrument to be her free act and deed and the free act and deed of the Corporacion. Before me, Printed Name: Justice of the Peace Notary Public Attorney at Law