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HomeMy WebLinkAbout2020-08-10 20-252 Order 08/10/202020-252 08/10/2020 20-252 Legal Order R24-019-A Title, Order Authorizing the Execution of Documents to Amend Conditions in a Deed from the City of Bangor to Penobscot Community Health Care - Union Street This Order will authorize an extension of time for Penobscot Community Health Care (PCHC) to comply with deed conditions regarding a parcel of vacant land on Union Street. On June 16, 2009, the City conveyed an approximately one-half acre parcel of vacant land to PCHC. The land abuts PCHC's Bangor Medical Center complex on Union Street. Deed conditions required that the land was to be used to construct parking and/or meet the impervious surface ratio requirements of the Land Development Code. The deed also required that the conditions were to be completed within five years of the date of the deed. In the event that the conditions were not met, the property would revert back to the City in return for the purchase price. The planning and implementation phase of this project has taken significantly longer than originally anticipated. PCHC has received three previous extensions of the time period for meeting the above condition and, in return, agreed to make a thirty-percent (30%) payment in lieu of taxes (PILOT) on the parcel. PCHC has applied for a land development permit for permission to build the parking lot, however, because the prior extension expired in June of 2020, PCHC needs to cure their right, title, and interest to improve the property. If approved, this extension would require PCHC to meet the conditions of its deed by June of 2021. Recommend for passage Consent 08/10/202020-252 CITY OF BANGOR ORDER 08/10/2020 20-252 Nichols Authorizing the Execution of Documents to Amend Conditions in a Deed from the City of Bangor to Penobscot Community Health Care - Union Street WHEREAS, by deed dated June 16, 2009, the City of Bangor conveyed to Penobscot Community Health Care a parcel of vacant land abutting its Bangor Medical Complex on Union Street; and WHEREAS, said deed included a condition that within five years the land was to be used only for the purpose of meeting impervious surface ratio requirements or to construct additional parking, or both, to serve its Bangor Medical Complex; and WHEREAS, said deed included a provision that the property would revert back to the City and the City would forgive $10,000 if the conditions were not met; and WHEREAS, the development is taking longer than originally anticipated, and Penobscot Community Health Care will not be able to comply with the deed conditions in the time required; and WHEREAS, Penobscot Community Health Care has asked for additional time to comply with the deed conditions; and WHEREAS, Penobscot Community Health Care has applied for a land development permit to build a parking lot on the parcel; Be it Ordered by the City Council of the City of Bangor that, Catherine M. Conlow, City Manager is hereby authorized on behalf of the City of Bangor to execute any documents necessary to extend the time that Penobscot Community Health Care has to comply with the conditions contained in the deed from the City of Bangor to Penobscot Community Health Care dated June 16, 2009, and recorded in Book 11808, Page 126 of the Penobscot County Registry of Deeds, and for Penobscot Community Health Care to continue making a thirty percent (30%) payment in lieu of taxes to the City of Bangor for the parcel description in the deed. Said extension will be until June 16, 2021, and said documents shall be in a final form as approved by the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL AUGUST 10,2020 CO 20-252 Motion made and seconded for Passage of Consent Agenda Vote: 9—0 Councilors Voting Yes: Fournier,Hawes,Nichols, Okafor, Schaefer, Sprague, Supica,Tremble, Davitt Councilors Voting No: None Passed CITV CLERF