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Home My WebLink About2019-12-21 Urban Renewal Committee Minutes i, ACTION TAKEN BY UNANIMOUS WRITTEN CONSENT pF THE B4ARD OF DIRECTQRS OF BANGOR URBAN RENEWAL AUTHORITY a�xo��r�a., za�� The undersigned,being all the Directors of Bangor Urban Renewal Autharity(the "�lutharity"), hereby consent to the taking of and hereby take the following actian: '' RESOLVED; That the Authority has substantially completed its role in the ' redevelopment of the City of Bangor. RESOLVED: That any rernaining decisions that may be required of the Autharity are minar ar adrninistrative in nature and can be made by the City of Bangor. ' RESOLVED: That the Authority should assign any rernaining rights and/or property interests to tlle City af Bangor and that thereafter the Autharity can be dissolved and shall dissalve upon approval af ' the City Council af Bangar and that. RESOLVED: That any ane af the undersigned Directors, acting singly, shall have the right ta sign any and a11 dacuments to effectuate the intent af th� resalutians cc�ntained herein. ,�""�" _ ``�.�. _.. ��`,,� � �. .. ,__.___...__..__�_., � � �,`. ,�� r� �,"..�-.�.�,� �`"`�,� N� son Durgin, Directar Gerry G.M. Palmer, Jr., Director "� �. �� w ._�._....____�,m....� , . , �.�..�-.�- i�''�.__.__..,,.... ,� �, �,� ._..�; �. - � °� -•�.� c " ��"ni, Directar Ti oth ' mann, Director `"`�--- Ki�erie i � � �_�.��.__._��._.��. .�- ..w��._µ. �� Love Stockwell, Directar {R2047755.1 01975-Q7G666} I ACTIQN TAKEN BY UNANIMOUS CONSENT OF THE BOARD OF DIRECTORS OF � BANGOR URBAN REN�WAL AllTHORITY I May 13,2019 The Directors of Bangar Urban Renewal Authority(the "Authority„) hereby consent ta ithe takin�of and hereby take th� follawing: i � CiESO�,VED: That the Authority has substantially campleted its role in the redevelapment af the City af Bangor. ��E.D: That any rernaining decisions that may be required af the Authority are minor ar administrative in nature and can be made by the City c�f Bangar. � ��SaLV�D: That the Authority shauld assign any rernaining rights and/ar praperty interests to the City af Bangor. ' �,�,(7i S7Fl�: That the Chairman c7f the t.Jrl�an Ret�rewal Authority shall sign an Assignment and Release to transfer any rights and property � interests it has to the City oP Bangor and ta release all right, titte and interest in all real estate it owns ta the Ciry. m� �.,�....... �....�.�._,_.,.�...� �� N�lson Durgin, Chair � ,, _ _ � i A ,x RadneY C3.Mc1CaY.Dlrec�at I Planning and Cammunity Developrr►�nt ' City Hall I'' BY-L�.WS Bangor. Maine 04401 �I OF TH� BANGCIR Ur�D�,N :tEi3LUdAL AUT�iQR1TY I� Adapted �n February 5, 1�5U I - H RITY , ARTICLE I THE AUT Q Sect�,�on 1. Name �f Authority. The nar�e of the authority :.�h�11 a� the :3Gnc�or Urban �tenewal Autharity. Sect�ion 2. Seal of Autl�ority. The seal of the Authority shall be in the farrn of a circle', and shall beax tt�e name of the Autharity and the year of its oxgan.i�at�or,, 5ect'3on 3. Office of the Authoritv. The office of the Authority shall be l�ca,fie� withinl�,, the City af Bangor� Gounty of Penobscot, StUte o£ tvtaine. ' ARTICLE II - OFrICER5 5ect'ion 1. Cff3cers. The afficers of the Authority sha11 be a Chairmang a Vice- Chairm�n, a Trcas�r�r� and Assistant Tre�surer, an� a Secret�ry �vho sklall be Ux�ctatLv� Directnr, Ser,t,�an �o Chairman, The Chairnan shall preside at all meetings of the Authority. Exceptl, as �atherwise authorized by resolution of the Authority, the Ghairm�n �t�all. sign all cohtractsy �eeds and other instxurnents made by the Autharity. At �ach mePt�!�g, the Chairm�r� shall submit such recommendations and infcrmatian as he may cGnsir_]er prop�r cancerj��.ng the business affairs and pclicies af the Authority. Sect�on 3. Vice-Chairman. The Vice-Ghairman shall perform the :�uties af the Chairma?-? �.n the', a�sence or �ncapacity of the Chairman, and in case cif a vacancy in tl�e office of the Ch�irman. Sect�an 4. Treasurer and Assistant Treasurer. The TreasUrer sk�a11 sir�n a].1 arders and ch�cks far the payrnent of money ancl sha11 pay out and disburse such moneys under t,he direct�.on of the Autharity except as atherwise auth�rize� by resolution of the Authority. The Autharity tnay by resolutian designate one or r�ore members to couritersign such arders an� ch�cks, and may £rom time to time qualify, change or cancel any such designatian. ;� ., II �2) II� A n Tr .a �arer shall erform the dut?.es of the Treastxrer The ssista t e s p in I�he absence ar incapaci�ty of the Treasurer9 and in case of a vacancy in the �ffice af I�the Treasurer� The Treasurer and Assistant Treasurer shall give band for the fai�'thfui perfarmance af their duties� Any member elected to the office af Treasurer ar !Assistant Treasurer shall serve without compAnsatinn other than payment af necessary exp'��nses. Slection 5. Executi�re Directard The Executive Dis�ector of the Autharity shall be the�'�, ex-afficio Secretaxy, and shall have general supervisian aver the administration of �'its business and affairsy subject to the direction of the Authorfty. He shall be cha�ged with the managem�nt of' the hausing prajects of the Authority, He shall have c�r� dnd custady of all funds of the Authority and shall �eposit the same in the name af I!the Authority in such bank or banks as the Author�ty may selecto He shall keep reglular books of accourits showing receipts aczd expenditures and shall render to th� Authority, at each regular meeting9 or oftener wher requested, an account of his trat�sact3.ons and also af the financial conditian af the Authority� I'he compensatian af the Executive Director shell be determiraed by the Author�.ty and� he shall give bond for the faithf�l performance of his dut�.esb bt�t a rnernber of th�', Authority serving as Secretary and �xecutive Bxrec�:or in a �empaxary capacity I sha�.l serve withaut compensa-�ion other than the payme�t af necessary expenses, S�ction 6. Secretary. The 5ecretary shall keep the records nt' the Authority3 sha�.l act as Secretary af the meetings of the Autharity and recard all �ratese and sha�,l keep a record af the proceedings of the Auttiority in a minute book to be kept for sUch purposes (documents and supplementary rr�at�r�.al forming a part of the rnin�tes may be kept in a supplementary docume�t book�} and shall p�xform a11 duties inc�dent to his officeq He shall keep in safe custody the seal pf the Authority and', shall have power ta affix s�ch seal to all cor<tract.s and instrumerzts authorized to be executed by the Author�,ty, � � (�) �t any regular or speciai meeting in the abserace of the Secretarye a Secretary prp terapora may be appointed frpm amar�g the m��nbers of th� Autharity who sha11 serve wi�haut comp�nsatian ather thaa� th� payment af zaecessar•� expenses. �eotion 7. Duties of Memb�rs. The Members af the Authority shall perform such du�ies as are incumbent upon thern by reason af their election ta any office and sh�ll perfarm such ather duties and functions as may frarn time ta time be arequixed by� the Authority or the by-laws� or which may arise by reason of their appointment to' serve an corcuna.ttees functioning within the Authority or in cooperati an with at�er persans ox grou�ps� �ection 8o Election ar Appaintrnerit. The Chairman� Vice-�Chairrrrany Treasurer and As�istant Treasurer shall be elected at the ann�al meet3�g of the Authority from ambng the Members of the Authority, and shall hald affa.ce far one year or until th�ir successors are elected and qualifiedr, �'he Authority shall appoint ane person ta f�.11 the C�ffice of Secretary and Ex�cutive Director. Any persora appa�nted to fi].1 the pffzce of 5ecretasy and Ex�cutiv� Director, or any wacancy therein, Ghall hati�� such terms as the Authority fir�es, but no Member af thc� Authority shall be eligible to this affice except as a �.emparary appaintee, �ection 9. Vacaracies. Sha�.ld the affice of Chairrnas2� Vice-Cha3.rman;a Treast�rer or Assistant Treasurer became vac�,nt,, the ��thority �r�all Pl.�ct a successor from it� mernbershi� at the next meeting� and s�sch elect�.on shall be far the unexpired t��rn pf said office. $ectian 10. Additional k'�rsonnel. The A,�.xt�-rc�xit� may from time ta time ernplay sudh pexsonnel es it deems necessary tn exerci�p �ts powers� duties and functipns. AFtTICLE ITI - IVI�E'TSf�IG� �Section l. General Pravi��ors. Ardnua.? meetings arxd regula.� meetisags af the Au�harity shall be held at s�rc�a time ard p1ac� as may be axigi�.ally designated or , , i i, ��} s�z��+r��;�nt.l�y c`�dar,c�� y rp_��)..�ti�y:�. <.aua.. �:�� c?y� �;1: A...':,,�,Y�::y �k; �.�;y 7:�;��,_+.7r� ^x s�eci�l rne�i�ii�ga A�1,1 me�tin��s sYi�:;.? �+� k-r�1c�� zt tr�� oi�f:i.c�>. c>�" �.r�e Authc,r�ty i.ra -t.�ie abs��nc� af �he specific des;.gnatian of sGme ath�.r meet.ing �1ace iri any such r��;lui.iar.4 S�ction 2o Annual Meeti:-�c�sw A±�nu�l iJ��tin5s c�f i.he Autt:ority s'r;a"!1 �-,� :he1d in the � Cit� of Bangor on th� f�.rst Priday af Fei�ruax�y zar, }r�e �rur�>ase o� electzr,g offic�rs� sec�i��ing th� arinual xeport of *he ExEc�:tiv� Dix�ec�ary and i`or �,17e c�,�dcact of s�ch ath�r busi�ess as may came krefare Mhe rn�etinc�o t�oti.c� af the annua'L n�eet�ng shall be �hailed ta each Carnr7issian�r at least 10 ��ys �;riar i:c said meeting. S�ct�.on 3w ftPctular Me�-tincva Regul�r meetin�s Qt t;�� Auihar:I.ty shaJ.l be P�GIc! witY�out notice at least cnce �..n each ca:;.�r.dar rna.�th far the trar.sac�ion cr� tt�� business of �he Authoryty. S�ction 4« Special. Meetinr�,M The Chairrnan of the Autirarity, may when he deems ii exp�dient� and sha11 y upan t.h� wrx�itt�n reqvest of ttiac Mem�ers af �h� Aut�ic,rity, ca1.1 a special meeting of the Authcrrity for the puxpose of tx�nsact�ng ary bus�r�ess des��nated in the eallu Z'he �:•a�l ior a sp�:rial meetirrg may be delivexed ta any Memk�er of ttia Authar3.ty or may� k��: maile� to his businEss or home auar�s�, at least �wo , day� prior t;c� the date of s�cn s�,ecial m:�e-tin,g� At such sraeci�.l m�etir�g� nc busir6ess shall be considered othex• tt��r� as d�si�ra�-t�c� in tt�e nuwic�y �ut if all the t��rnbers of �.he AutYtority are �resent :�t � ��.«cia7. m�eti�7c,� any and a11 :�us�,r.ess r�a� bp �:rars-� act�d «t such specia.."s �neetiragU S�ction 5. �zorum. Th� pn�,,;4�s of Wh� At:�che�r�t}� sr�all be c.�ested in 7,.he Mernb�rs the�epf in affice frc�rn t�.rn� -to tame� T`t:s•eE Mernt�ers st�all cc,ns`�tute a ��uorum for the pur�pose af cor��act�rA� i+..� b��icaess arid exercisiric� its powexs and fGr al.i other purpases� but a smaller nur.zY�tr. may mee�* ar,.d �c�journ frcrn tirne ta t3r�e un4�.1 � c�ucr�m is dbtained� At �.east trrrelyr� ?�,�,u�s notic� c�f the tir:e ar�c� �7iaca af hu�d�,�� s�ch ad�qurned meeting shail be �,.ivFrz t� a�.'! 6,enhers wha w�r.e r�c-c. rr�sent at �1-:e mee�ing fra�b which adjournmerit t�ra� taxc.n, Wh�rt a auc,rum �s i,� a�t.��ndance9 ar,��ori may �� tak�n by the Authority u�;orr a vot� of � r.i�,�ority af +:�e h;�m?�ers r�cvse�ta y III 4�I ��ction 6, Order of Business„ At tk7e re�ular meetinos of t}7e Authorityy uhe fpl�awing shall be the order or businessz 1''„ Ra11 ca11. 2''�4 Fteading and approval af the minutes af the previaus regular rneeting and any intervening speci�l meeting. 3', Bills and cornmunications. 4„ Repprt af the Executive Director, 5j. Reports of Committees. 6�. Unf3rrished busi.ness. 7. New business. $. Ad�ourt�ment. A'�11 resolutions shall be in writing and shall be copied in a m3nute book of the Authority. S�ection 7. Manner af Voting, A11 questions carning before the Authority shall be presented in the forrn of motions or resolutians chronalagica2ly numbered, The �rote on �11 resolutians sha11 be by roll cali, and each resolutian and motion shall be entered in full upon the minutes c,f the meeting. Far a11 resalutions, the ayes and nays shall be recorded. ARTICLE IV - ANfENDMENTS Amendments to By-Laws. The kry-laws of the Authority shall be amende� only by resalutian adopted by the affirmative vote of at least three Members of the Authority at � regular or special rneeting, held after seven days notice in writing of the substance of the pxopased amendment shall have been sent to each M�mber. SEVENTY-SEVEN7H MEETING I BANGOR URBAN RENEWAL AUTHORITY ISPECIAL MEETING ', JUNE 1$9 1964 ', The Members of the Bar�aor Urban Renewal Authority met in Special mee�3.ng at the affices of the Bangar tJrban Ftenewal Authpritv in the Gitv Hall� in the Cit� of Banqor, Maine, at 7s00 o°clock F. M, on the 18th day of June, 1964, the plape, haur and date duly established for the holding af such meeting. ' The Ghairman called the meeting to order and an xall call the fallowing ans�vered present: Frarrcis A. Finnegan, Mabel S. Wadswarthy Vice-Chairman; Jah�i E, Caney, Treasurer; Max S. Kominsky, Vice-Treasvrer; and Jbseph F2, Goupal, Jr.q Ntem�er; � II and the following were absent: Nane. � , ' The Chairman declared a quoxum present, , ' A Ftesolution entitled: Resolution No. 133 of the Bangor Urban R�newal Aut�ority; and being as followsa I BE IT R�SOLVED by the Sangor Urban Renewal Authpritya THAT the follow%ng amendment of the By-Laws� Article Iy Section I be adapteda ', Sectiors I, Narne of Authoritv; Short fiitle, The narne af the Authority shall be the Urban Ranewal Author3ty of' the Cit� of Bangor. Tc, ', facilitate and expedite the transaction of business and the exercise ', of its lawful powexss the Uxban Renewal Authority of the City of I Bangor, may, at its discretion, also designate itself by the short ' title of "Bangor Urbdn Ftenewai Authority"<. ' Said Resolutian was t.hen read in fu11 and discussed and considexed, I� Mr. Kominsky th�n rnaved the adoption o£ the Resalution as iratr�ducecl and rea�l, Mr, Caupal secanded the mo-tion9 and, on roll call the fallowing voted "Aye": Fra�,cis A, Fi.nnegany .Jchn E, Gone� � Sr, , Mab�=1 S, 4Yadsvoorth, Max S, Kaminsky, and 3os�ph R, Cpupal, Jra9 and ',the following voted "Nayri� Nari�„ ', The Chairm�n thereupon der.lared ihe motion caxried and the Ftesolution adapted as introdv�ced and read� ......... I . a s ONE HUNDFc�D THIRTY-FUUT�Tti P�IiE�.TIiVG BANGCR URBAN RENEWAL AUTH(�RITY SPECIAL MEETING DECEMBER 23, 1966 ' The Commissioners of tYre Bangor Urban Renewal Authaxity me�t in 5�ec3a1 meeting at the Urban Renewal Office at City Hall, in the Gity of Bangor, Maine, at 9apq a'elock A. M, on the 23rd day af December, 1966, the p7.ace, hour �nd date duly �stablished for the holding of such meet3ng, The Chairman called the meetinc� ta order and on roll call, the fallowing � answered presents Edwarc� H. Keith Chairman Jahn �, Caney, Sr, Treasurer Mabel 5 Wadswarth Vice-Chairm�n Thase absents Max S, Kominsky. The Cha3,rrnan declared a quorum present. A Resolution was introduced by Ntr. Ke3.th. Resalutian fVa, 259 of the Banc�ar tJrban Renewal Authority; and being as �`allows: BE IT RESQLVED by the Bangor Urban Renewal Autharitys THAT the following amendment be made to the By-Laws af the Bangor Ilrban Renewal Authority,Article TI, Section XI; "Gity Manag�r An Ex-Officia Membex af Board". '"'The City Manager when so designated by the City Cpuncil shall act �s an ex- offic�o mernber af the Board of Carnmissianers." '!' Said Resolution was then read in full and discussed and considered. ' Mr. Caney then maved the adrrption of the Resolution as introduced and read. Mrs. Wadsworth secanded the motian and the following voted "Aye"s ' Edward H. Keith, John E. Coney, Sr. , and Mabel S. Wadswarth. and the following voted "PJay": Nane. i and the follawing were absent: Max 5. Kaminsky. ' The Chairrnan thereupan declared the mation carried and the Resalution adopted as intxaduced and read. MEMORANDUM To: Urban Renewal Authority Frorn: Norman S. Heitmann, III, City Solicitor Re: Urban Renewal Autharity Date: October S, 2017 BACKGROUND In 195'7 the Maine Legislature enacted the Urban Renewal Authority Law. The Legisiature authorized a municipality to create an"Urban Renewal Authority". 30-A M.R.S.A. §5102 (1). The Legislature gave the Autharity the power to carry aut the purposes of the enabling legislatian. One of the rnore impartant pawers granted to the Authority was tc� "undertake and carry aut urban renewal plans and urban renewal projects." 30-A M.R.S,A. §5104 (2). The City af Bangor,pursuant to the legislation, createc� the $an�;ar Urban Renewal Authority ("Authority"). The intent was ta implernent federally funded urban renewal projects. Federal funding far the urban renewal program ended in 1974. In 1987 the City approved the acquisition by the City of the remaining praperty owned by the Bangor Urban Renewal Authority. The City, throt,tgh this acquisition, accepted all of the rights and responsibilities of the Ba.ngor Urban Renewal Authority with regard to these praperties. In mare recent years the anly benefit of the continued existence af the Autharity is because it can amend Ban�ar iJrban Renewal Authority redeveloptnent pla�ls and Urban Renewal deed restrictians that restrict developn�ent ar create title problems which might otherwise prevent financing or develapment af the property involved. For instance, some of the setback requirements under Urban Renewal deeci restrictions in Stillwater Park are more restrictive than City Ordinances. Thus a garage ar other structure might be mistakenly built in compliance with the City Cade setback requirements, but cioser ta a property line than LJrban Renewal deed restrictions allow. In the past this has caused problerns far new buyers seeking financiizg or awners seeking refinancing. The anly remedy has been far tl�e Urbai�Renewal Authority to meet and take action to remave the deed restrictian involved when sG�ch prablems have occurred. The most recent document I was able to lacate with regard to such activi:ty by the Bangar Urban Renewal Authority was 1991. Other than such matters, the Authority has had no other function. PURPOSE The primary pulpose af the Bangor Urban Renewal Authority was ta undertake and carry our urban renewal plans and urban renewal projects. The statute defanes urban renewal project as "the undertakings and activities of the autharity in an urban renewal area for the elimination and prevention af the development or spread of slums and blight. The undertaking and activities may involve slum clearance and redevelopment, rehabilitatian or conservation, ar any combination of these activities in all ar part of an urban renewal area in accardance with an urban renewal plan." 30-A M.R.S.A. §5101. An urban renewal area is a blighted area or slum area. A slum area is a blighted area in an extreme state of deterioratian. A blighted area is "an area in which there is a predominance of buildings or impravernents which are canducive ta ill health, the transrnissian of disease, infant rnortality or juvenile delinquency and crime and are detrimental to the public liealth, safety, marals or welfare..." or"an area which is a menace ta the public health, safety, marals or welfare in its present condition and use." 30-A M.R.S.A §5101. The statute gives the Autharity several pawers, such as eminent domain, to irnplement its ptirpose. The statutory goals af the Authority were to elirninate and prevent the development anci spread of slurns and urban blight, encourage urban rehabilitation and provide for redevelopment for slums anci blighted areas. The Authority rnay acquire property for an urban renewal praject with Council approval and after having the plan reviewed by the Plannin� Board. The Cauncil is required to hald a public hearing an tl�e plan. The obviaus intent of the statute was to pravide a inechanism to eliminate slums and blighted areas. It was not a means by which to take care af isolated probiem buildings hut, rather, to address entire areas and neighborhoods that met the definitions af slum or blighted area. CONCLUSION There are several issues with attempting to have the Authority as active as it was in the 1960s. First, thexe is na longer federal funding for urban renewal, so money would be an issue. 'The Authority is lirnitecl by statute. There are not the slums and blighted areas that there was in the 1960s. Comrnunity Develaprnent laws, such as the CDBG program (enacted in 1974), adopted since the urban renewal law have allowed the municipal afficers to carry aut the same functions as the Authority. In recent years,the need for the continued existence of the Autharity has been questioned. �� URBAN RFNEWAL �L:f"rH()IZITY October 15, 2019 (�cr� 5:00 p.m. Third Floor Gcrnference Rc�om, City Hall Agenda l: Intraductions 2.; Brief Discussi�n af Urban Renewal Autharity 3. Cansideratian af Resolve to Dissolve tJrban�•enewal Autharity 4.' Other business � Urban Renewal Authority Thursday, May 9, 2019 @ 4:30 PM t Council Cham�ers, City Hall �� AGENDA I1. Intraductions I 2. Electian of Chair � 3. Assignment and Release af Urban Renewal Authority real property interests to the City of Bangor 4. Other business I j i �li li ii � Heitma n, Norman From: Goodwin, Lisa Sent: Thursday, May 02, 2019 4:10 PM To; Heitmann, Norman Subject: Urban Renewal Nelson D rgin caned62@roadrunner.corn Kiersten P'ccinninni kepicci@�rnail.com Gerry Pal er�r palmer@aol.cam Timothy S ormann Tirnothv,starrnann@gmail.com Lovern St ckwell—na email �� Lisa J. aadwin, CCM, MMG City Cle /Registrar of Voters 73 Harlo Street Bangor E 04401 Phane: 20 -992-4218 Fax: 207- 45-4449 lisa. opd in ban ormaine. av htt ://w .ban armaine. ov � 1 ACTION TAKEN BY UNANIMOUS WRITTEN CONSENT OF TNE BOARD OF DIRECTORS QF BAP�GOR UR�AN RENEWAL AUTHORITY WITHOUT A MEETING i February_, 2019 The undersigned,being all the Directors af Bangor Urban Renewal Authority(the " uthority"), hereby cansent ta the taking af and hereby take the fallowing actian withaut h lding a meeting, such actian being stated in the form of and to be as fully effective as if ta en by the unanimous resolutian or resalutians at a meeting thereof duly called and held o the date hereaf at which the undersigned Directars were present and acting throughaut: RESOLVED: That the Authority has substantially completed its rale in the redevelopment of the City af Bangor. RESOLVED: That any remaining decisions that may be required of the Authoritp are minor or adrninistrative in nature and can be rnade by the City af Bangor, RESOLVED: That the Authority should assign any remaining rights and/or property interests to the City of Bangor and that therea�ter the Authority can be dissolved and shall dissolve upon approval af the City Council of Bangar and that. RESOLVED: That any one of the undersigned Directars, acting singly, shall have the right to sign any and all documents to effectuate the intent of the resalutions contained herein. N Ison Durgin, Director Gerry G.M. Palmer, Jr., Director Ki rie Piccininni, Director Joshua Plourde, Directar L vern Stackwell, Director Timathy Storrnann, Director {R2 47755.1 01975-076666} �� ASSIGNMENT AND RELEASE This Assignment and Release is made by and entered into between the URBAN R NEWAL AUTHORITY OF THE CITY OF �ANGOR, also known as the BANGOR UkLBAN RENEWAL AUTHORITY, a quasi-municipal corporation having a principal place af b�siness in Bangor, Penobscat County, Maine ("Urban Renewal Autharity"), and the CITY OF B NGCIR, a municipal carporation lacated in Bangar, Penobscot County, Maine (the "City"); WHEREAS the Urban Renewal Authority intends ta dissolve and cease to exist and th xefore the Urban Renewal Authority seeks to transfer any rights and praperty interests it has to the City, WHEREAS the City is willing ta accept such a transfer such that the City will have the ri hts of the Urban Renewal Autharity with respect to any property rights the Urban Renewal A thority has including the right ta enfarce the cavenants and restrictians included in prior in truments reserved to or granted by the T.Trban Renewal Authority; NOW,THEREFORE, the Parties agree as fallows: The Urban Renewal Authority hereby grants, assigns and transfers ta the City all of its ri ts to enforce, amend or release any terms, cavenants or restrictians included in any in truments given by ar to the Urban Renewal Authority and any Declarations af Restrictions re erenced in said iristrurnents, including, bL�t not limited to, (i) the Declaration af Restrictions d ted September 5, 1967 and recorded in Baok 2113, Page 835 ofthe Penobscot Caunty R gistry of Deeds, as thereafter amended, and (ii)the Declaration of Restrictions dated March 4, 1 69 and recorded in Book 2152, Page 367 af said Registry, as thereafter amended, The City sh 11 henceforth have the right to enforce, amend or release any of the terms, covenants and �Rz aesvi.i� re trictions in said instxuments to the same extent as the Urban Renewal Authority had prior to th execution of this Assignrnent. Ta the extent such abligations exist,the City hereby assumes the obligations af the Urban R newal Authority related ta ar included in said instruments, whether accruing priar to or after t date of this Assignment, and releases the Urban Renewal Authority fram any continuing re ponsibility ta fulfill said obligations. Notwithstanding the foregoing, Urban Renewal A thority represents ta the City that there are no outstanding monetary obligations of the Urban R newal Authority and, in the event sucli a manetary abligation was outstanding,the City does n t accept nor assume said manetary obligation. Urban Renewal Authority represents to the City that Urban Renewal Authority does not h ve any ownership in any real estate. However,ta the extent the Urban Renewal Authority has a y ownership interest in any real estate, Urban Renewal Autharity hereby releases all right, title d interest in and ta said real estate ta the City. This Assignment and Release was authorized and appraved by the board af directars for th Urban Renewal Authority at a meeting held on , 2019. This A signment and Release was authorized and approved by the Bangar City Cauncil at a meeting h ld on , 2019. [signatures on following page] �R2 46501.1 j IN WITNESS HEREOF, the Parties hereta have caused this instrument tc� be signed and se led as of this day of , 2�19, V�ITNESS: U12BAN 12.ENEWAL AUTHORITY OF Tk-IE CITY OF BANGC7R � I3y: Its: I! CITY OF BANGOR � sy: I rts: S ATE OF MAINE P hi(78SC(7T C(7I.JNTY , 2019 i Then persanally appeared the above-named , in his/her capacity as ' of the Urban Renewal Authority af the City af 8an�or, and ac nowledged the faregoing instrument ta be his/her free act and deed in his/her said capacity, an the fxee act and deed of the Urban Renewal Autharity of the City af Bangor, Befare me, I Natary Public Print or type name as sig�aed i 'I � t�z�esoi.i y Heitma n, Norman From: Christapher J.Austin �caustin@rudmanwinchell.com} Sent: Tuesday, February 05,2019 8:21 AM Ta: Heitmann, Narman Cr. Katie Bernhardt Subject: RE: Urban Renewal Authority Attachm nts: Assignment Release (R2046501xAB81A).docx Norm—R vised draft attached. I have added language related to releasing any property rights and making a represent tion that URA does have any autstanding manetary obligatians but, in the event it did,the city is not assuming hem. I've alsa added language indicating the date of the meetings in which these actions were appraved. I think this elps in the event that anyane is loaking far when these actians were authorized. Let me knaw if you haue any quest ans an the draft. As for the dissalutian itself,the bylaws and private and special law you provided do not describe how to formally dissalve RA. The private and special law allaws far the creation af the URA but says the URA"shall nat transact business r exercise pawers until ar unless the city council has adopted a resolutian approving the exercise of powers under thi law by the Authority" (Page 14-15). As such, it wauld seem that the city cauncil could revake the autharity it gave to the URA ta transact business. This wauld, for all intents and purposes, dissolve the URA as it wauld nat be able to transa any business. Therefare, i wauld suggest that the URA board vote ta transfer all rights under the assignment and relea e ta the City and agreeing that there is no reasan far the URA ta continue. The city council should then vote to accept he assignment and release and revoking(ar terminating)the exercise of pawers by the URA. If yau wa Id like,we could prapase the draft resolution language fiar the URA baard. I will leave the city council aspects to you. Let rne kn w if you have any questions or wish to discuss. Chris _ . ___ From: Hei mann, Norrnan [mailto:norman.heitmann@bangarmaine.gavJ Sent: Frid y,January 25,2019 3:54 PM To:Christ pher J. Austin<caustin@rudmanwinchell.cam> Cc: Katie ernhardt�ckbernhardt@rudmanwinchell.com> Subject: E: Urban Renewal Authority That is co rect.There are na outstanding monetary abligations. Narm From:Chr stapher J.Austin [mailta:caustin('7a rudmanwinchell.com] Sent: Frid y,January 25,2019 3:52 PM To: Heitm nn, Norman�norrnan.heitmann ban armaine. ov� Cc: Katie ernhardt<kbernhardtC�rudmanwinchell.com} Subject: RE: Urban Renewal Autharity Narrn— e are reviewing now but nate that one of the docurnents specifically states that the URA can issue bonds and that unde no circurnstance will the city be respansible. Can we presume there are no bands ar other outstanding manetary obligatians of URA? 1 ACTION TAKEN BY UNANIMOUS WRITTEIV CONSENT �, OF THE BOARD OF DIRECTORS OF BANGOR URBAN RENEWAL AUTHORITY . 2C119 I The undersigned,being a11 the Directars of Bangar Urbat7 Renewal Autharity(the „�uthority„) hereby consent to the taking af and hereby take the following actian: � RESOLVED: That the Authority has substantially campleted its rale ir� the redevelapment af the City af 13angor. RESOLVED; That any remaining decisions that tnay be required af the Autharity are minar ar adrninistr�tive in nature and can be rnade by the City of Bangar. RESOLVED: That the Authority should assi�n any retrraining ri�hts and/or praperty interests to the City crf Bangor and tt�at thereafter the Autharity can be dissalved and shall dissalve upon a�rproval af the City Cauncil of Bangar and that. RESOLVED: That any ane of the undersigned Directars, acting sin�ly, shall have the right to sign any ancl all dacuments to effectuate the intent af the resalutions canta[ned herein. l��lson Durgin, Directar Gerry G.M. Palmer, Jr., Directar �i�rie Piccininni, Directar Timothy Starmann, Directar Lo�vern Stackwell, Directar �HzoK��ss.r az��7s-ur�c,�� ,. ," �� , � � .....,....�?s` ��—..,�._�._,.��._.�.__.._.,�._. _,..,_.....�.._._..rv�._�..., �� ,��;r��:r:�, �'. .3�Z �1�;3 � �;;,. 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'� tt7r�n<;a 1n a nrrrt.t�w�r�:t�rly dlrr�c;tlorr alrang !n w nG�rthe��.t�rly far.e of e��id bullding �, t��r ,� t11+�Cartcrr ��f Irl,p innt. m�r�p r�r t�rr.r, to a p��1r7t, �r�1d paint hning at the �� t�. ��uuttrc+:r�e,t. cnrnor rjt' lartd t�wnr�d t�y Fl�rr��ry .�"i. Cae, ari r��cordad 1n (��ry��7bncot H�gl�ntry 6�; ;', crf Uf�x�rrlr, Val. I1t17, Wnr)��+ :]N.� nn��f :1N�f'i� lFic�ric�+ 1n a nartYrr�n�tarly dlr�ctaon ntrrng � r i�;� lt�fs f,��yul.her�ar,terrly iln�! of �a,atiJ t,�ra�> pr�r�yarty for n dt�t�rnc;n af 1'7.9 feurC me�re ur A1°�� ` 1`� la.r,r, to tY�in �,raG�thw«��ak+�rly !ln�r uf l.ynu! crwr�i�rd Y�y C1av1d (7. Smilny 111 , as racocd�d 18 72 1n Pvn��tisr,;crt, It+r�f�try r�f paed�, Vcrl« 15YlJ, �rnr�r� 317�J� thencrr fn a south�Ast�rly ' �`� ' riire�+ctlun dl<�ar�q tt�ar !soult�wre;te>rly Iine trf c,aS��l Sm11ey �rro�nrty, f�rr e dlstance � n1 0,2"� l�r�:k moce or lena to a �oink� thnnce !n a northeackerly direretfon nlong � ;�" th� �o�.itY�m�n,Cprty 4fne crY aelc! Smfley prc�perCy fc�r e dlgCanoe of 19.9 f�et more �` i� �r lara�s tK� a poirit, si�aid point treing or� the� �auCt7w�rsLerly line of l�nd owned hy rer '' i/ J. F'. Sins��l�tan Tr�u+nt, en recocdrac� Sn tha Pcmob+scat Hegi�trq bf C1�ede Vn4. 12?2� t: � pag<� 1N1. 1'lrr,��r��c� !n a wautt�Nra�,torly dlrar.tion �la�g nafel 1inc� tor e dlatence o! Mrino � W.�� fca� m<rre� �r 1n�sas to a ��Int� thanea in a nat.heer.terly dlrectlan alang tha °° 't,', uautt�a,Nctarly 11nn ol' �nid Sinr�l�tnn prnparty fcrr a r7latence nf dC7 feet mor�r or "'� �; � ►aw�WR�°, t��r a p��1nk� tl�ancw fn n rn�rt,hwa`torly dlracCle�n elonq 2Y7r noethn��tarly � � 1lrrsa ��Y n+a1c1 uirr��l�rt.crir� pr�a�iArrty fi�rr e dlsbt,imc��r of G>,G7 f�a�at mare or loeo ta thr � , a�cr��th�rrlY �nrner c�l' l�nd uwneod by I.h�a 5chlro 7rurit, a� racordacl �n �rnnb�ccrt k��rgfe�try of pood�s Vcrl, �N2� p�ya lAi� th�r�co northeu�t along Lhe �outheasterly llrtier aP �;afd Schtro l�nd tor a dfetanca of �4.7 feet to a point� th4nee eontin• �afns:� xloriy �ho a�ema courme elanc� the eoutheaetorly ilne of lend owned by Hx�r�lrerlck ;itovcr Trw�t a� deacriMrd 1n Pwn�becat R��l�try of peedn Val. 1i01, p+ata� 3�14, 1'or a dlwtantu of 20,b fre�t to the •aukhwasterly llna aE lend ownad kry Altrurrt J. end 6idney W, 8chiro r• discrtb�d !n Panab�►cct NeO�etry of Deede Vol. 1I44r Peqs Ap7� � 19_.,fi.� � � � � � , a ._, r..,_,...._...., ..._ _.__._. . ., . ..._ . . ... ....., . ...,,.. ...,.. r� . � . .............. 1{?AC�rY. . . � ,�,�"�✓�'d�j�'��j�� J�"'� Q R �� , �.�� ..,,..,., .. � 4✓' � � ' . � ��,�� 1 i � � � . � � � . . ._. ..�.�.__._.__�.�� ._��.�.� � �