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HomeMy WebLinkAbout1976-12-27 73 AE ORDER73 AE Introduced by Councilor Ncxernan, necember 27, 197 CITY OF BANGOR �p 'App vivg Proposed Contract aM Autb Sing purchase of Lend QITIfJ 4VT�PT,._....._. ................ .........1... - in the Hancock -York Neighborhood Developvoent Project, W. A-4 ............ ...___._.._. _. ........... ............. ... -... Bye Cap Cowvil oft City ofBmtMvr. ORDERED, TWT , WHEREAS, the Bangor Urban Renewal Authority proposes to enter into a contract for the role of Redevelopment Parcel B-1 in the Han a ek-York Neighborhood Development Project, Ede. A-4 to the City of Berger; and WHEREAS, the minimum approved price for said parcel as established by the Urban Renewal. Authority, and approved by the Deparhuent of Housing and Urban Development is Two Thousand Eight Hundred Dollars ($2,80e); and WHFHEAS the City of Bangor desires to purchase Redevelopment Parcel B-1 as pert of the improvementsin the Hancock -York NDP for public open space or right-of-way; and WHEREP.S, under the provisions of Chapter 168 of the Private and Special Laws of Maine, 1957, as amended, the City Council most approve all contracts for the sale of land within the project area; and WHEREBS, the Urban Renewal Authority has filed a copy of the pmposed contract with the City of Bangor in the office of the City Clerk; NOW, THEREFORE, BE IT ORDERED,. THAT the proposed contract on file with the City Clark be and Is hereby approved and that the City Manager of the City of Bangor be and is bereby authorized end directed to execute said contract. ANP BE IT FURTHER ORDERED, THAT the Director of the Community Development Department be and is hereby directed and authorized to purchase on behalf of the City of Bangor Redevelopment Parcel B-1 for the am of Two Thousand Eight Hundred Dollard with funds provided under the Housing and Co®unity Develoiment Act of 1974. 5 ry CITY, COUNCIL 73 AE OeceNier 37, 14'l5 O R D E R 'cxxxcxE Title' RECEIVED ' AperWilq PropOSed COntYaCt and Anthorivi. CITY OF BAOGOR ...'"" .."" " "....... ♦ CITY CLERICS OFFICE purChaSe OP Lain the Hancock-YoYk yrrYOrL. ]Z ph 1� l 29 t S 1 NeighborhoW Deve loprent ProjeCt, ' Me. A-4. Introduced and by - \filed - Councilman f HUD -6213 (2-60) BE. DEPARTMENT OF MOUSING AND URBAN OEVELOPMENI URBAN RENEWAL PROGRAM CDTLtiW[OF CONTRACT FOR SALE OF LAND FOR REDEVELOPMENT BY APUBLIC BODY AGREEMENT (hercinattei celled "Agreemeut") made on Or As of the 22nd day of December 19 ]�� by and betveeu the (Rome of LPA , a Ob11c bGdy O0cFO ate sad pol3LIn of the Slate oI Maine (beret"fber called "Agency") having its Office at 73 Harlow Street Be the City of Ban Or State of Maine and the Berne of Public Nedeeal2Zr C11y 0 Bannon: /public body corporate and politic Of thee office at M]3 Harlow Street (hertlnacter called Public Body') Wing in the City of Bangor State Of Maine RTTBESSECH' Chapter 168 (195]), Maine �Prxvai a d Special Laws, WBSIEAR, fa turtheeama OY the objectives of the In Stela Urban Redevelopmeut LaW)x the Agency has undertake¢ a program for the clearance and re onatiuctlon or pebilitatiov of alum and blighted ere" do the City a ana (hereinafter called "City"), and in this connection is Engaged in carrying art An urbsn raaeua�,gi�q,7 L kuovn as the "Hancock -York Neighborhood edve�Jm t t Project" (hefaindh x called "PmJeat Iv m area or c Area") located in the City{ end RESESUS, as a the date a the Agreement there has be" prepared aid epproved by the Agency an urban re¢eval plan for the Project consisting Of Z1"ert deacriptim of the plan, As, for example: "the Uibm Reneval Plan, Acted March 31 , 19 72 , and approved by the City Comcil of the City on Sane 14 19 /9 2 , by Resolution No. 207-� eX:510�GjS ffi@gBIDEpt, Y�IX.l^GYxHXYy'•XYr�R�E_ - DEN: DENx%' (;Bpg lC :GEu1'3lLBg29V'N[ �6U'j1'YdEBxYg xxRaazmxda®csY, ) d` ECENdUitlRB$"}HdYNiCig}�''Ta BECK NSE nix.Ed6f: xxxx sfxoxx xxxxx x ERdiicuExta �xg< x6hNESEtxg Recta,, HU041 B N461"MeA 11 le.101 '1_ SEE PAGE 2-a attached Sec. 1. Sale and Purchase Price. Subject to sll the teams, covenants, and conditions of the Agreasent, one Agency vill sell certain real property in the Project Arm more particularly described in Schedule B annexed bereto and made a part hereof (which Property, as so described, is hereinafter Celled "Property"), to the Public Body for, end the Public Body will purchase the Property and pay, to Use DDollars Q2hR00 o00 ), hereimiter"called Purchase Pri esuchOpayment $ball be In cash, or by such check as shall be satisfactory to the Agency, at the time and place provided herein. Sec. 2. Conveyance. The Agency shall .convey to the Public Body, upon payment in full of the Purch me Price by the Public Bogy, title to the Property by �_ Release deer [Adair (hereinafter ZqSapit&jnaxalyJ called "Deed"). Sucb conveyance shall, in addition to all other conditionpd covenants, and restrictions set forth or referred to elsewhere in the Agrement.J be subject to: (a) Said property shall be used only for public open space or riere ght-of-way hick are to be t rortb� cautionefull d o Pax to be�nwly with respect rmseerveflY3 b (b)r (c), etc. /Here set forth other reservations, a mobrancee. or exmptionso if any. There should be included in this Section the necessary standard printed exceptions; found in a title Policy, ae well As exceptions typed therein peculiar to the Particular property_] Sec. 3. Delivery of Deed. The Agency shall deliver the Deed and possession a the Property to the Public Body on December 30 , 19 76, or on such earlier date as the Parties hereto may mutualIX agree in writing. Conveyance anal I be made at fthe principal office of the Agency/ end. the Public Body shall accept such conveyance and Pay. to the Agency at such time and place the Purchase nice. [Seo. L. 2_ ARTICLE I1. PREPARATION OP PROPRRTY FOA AEDey8I9PimflT Sec. 1. Pre section of Property. The Agency shall, prior to conveyance of the property and vithout expense to the Public Body, prepare the mperty for xdevelopmmL, dnich preparation shell consist of the following: Sec. 2. Other Actionby Agency Relating to Preparation. The Agency sbahls without expense W t e Pu qv and prior to the c ¢tion of the Ixprov®este as hereinafter defined (or at such earlier time or times no the Public Body shall find, and by timely notice in writing inform the Agency, is necessary to stable the Public Body to construct or emplete the agreements in accordance with the provisions of the Agremeut)jo, provide or cause to he provided the f01.lwUB: ARTICLE III. CONSTRUOTION OF IMPROwEMNTS Sec. 1. cotatruetion Ae ulxed. The Redeveloper will redevelop the Property by construction thereon of 7J (hereinafter collectively tiled the "Improvements") end all plans era epeclficatims and all work by the public Body with respect to such reaseeloiment of the Property sell the construction or the making of other Improvements thereon, if any, sba11 be in conformity vitt the Urban Renewal Plan, the Agreements anfl all applicable State and local laws. Upon written request of the Agency from time to time, the Inelle Body pill deliver to the Agency, to be retained by the Agency, plane with respeet to the Ieprovments to be constructed or otherwise rush, by the Public Body on the Property, in sufficient completeness and detail to Show that the Improvements and construction thereof will be in accordance with the Provision¢ a the Urban Aenevel Plan and the Agreement. Sec. 2. Time for �gnetructlon. The Public Body agrees for itself, its successors and easigns�J and every successor in Interest to the Prepexty, or ary part thereof, and the Seed shall contain cwermnts On the part of the Public Body for itself and such successors and assigns, that the Public Body spall begin the redevelopment of the Property through the conetructiOn of the 111lyrOV®ente thereon, within no menthe from the date of the Ikeda and diligently proceed to complete such crostructlm within no months from such date. It is intended end agreed, lora the Deed Shall so expressly provide) that the agreements and ewmmnts oP the Agreement pertaining to the luprovements shall be covenapta running with the lend and that they shell, is any event, and without -3 regard to technical classification or designation, legal or otherwise, sad except only ac otherwise specifically provided In the Agreement, be, to the fullest extent permitted by law and equity, binding for the benefit of the community and the Agency and enforceable by the Agency against the Public Body, its successors and assigns, and every successor in interest W the Property, or auy Partthereof or arty interest therein. Ree. 3. -Report On Progress. Subsequent to conveyance of the Property or any part thereof to the Public Hahn, and until construction of the Improvements has been completed, the Public Both shall, upon written request Of the Agency, make, in such detail as may reasonably be required by the Agency, and forward to the Agency a report in writing as to the actual progress of the Public Body with respect to such construction. During such period, the work of the Public Body shsl be subject to Inspection by the Agency. Ree. 4. Access to Property. Prior W delivery of possession of the Property to the Public Body, the Agency shell permit the Public Body access thereto, whenever and to the extent necessary to carry Out the purposes of this and other sections or provisions of the Agreement; and, subsequent to such delivery, the Public Body atoll permit access to the Property by the Agency and the City Menever and to the extent necessary to carry out the Purposes of this and other sections or provisions of the Agreement. Sec. 5. Certificate of Completion. Promptly after completion of the Improvements in accordance with the Provisions of the Agreement, the Agency shall furnish the Public Body with an apprOgriate instilment so certifying. Such certification by the Agency shall be `and it shall be so provided in the Deed and in the certificationItself) a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the Deed with respect to the Obligations of the Public Body, its successors and assigns, and every successor In interest to the Property, W construct the Improvements and the dates for the beginning and completion thereof. All certifications Provided for in this Section shall be In aura form as will enable them to be recorded with the fUerk of the Registry of Deeds for the County of Penobscot _7 - ARTICLE IV. LAND USES Sec. 1. Restrictions on Lend Use. Toe Public Dody,egtees for itself, its successors and assigns, and every successor in intereatL/ Lo the Property, or any part thereof , soul the Deed shall containscovevnts on the Part of the Public Body for Itself, and such successors sgi aseigne, that the Public Body, end such BnoCessors and assigns, shall: (a) Devote the Property to, andy W and in accordance with, the uses specified la 5secticinot a licab3@7-0 the Urban Renewal Plan, m the ease mekv hereafter fie amended Land eranded% from time W time; and (b) not discriminate upon the basis of race, color, creed, or national origin In the sale, lease, or rental or in the use or occupancy of the Property or any isprov®ents erected or to be erected thereon, or any Part thereof. - 4 - Sec. 2. &frost of Covetavts; Period of Duration. It is intended and agreed, and the Deed $ball so expreeeiv provide. that Uhe agremente and cooaorto provided in this Article N $bell be covenants running with the land and thattbcy $bell, in any event, and without regard to technical classification Or deslgtaLPOn, legal Or Otherwise, and except only as otherwise specifically provided In the Agreement, be, to the fullest extent permitted by lav and equlty, binding for the benefit and In favor of, and enforceable by, the Agency, Its successors and assigns, the City, and the United States (in the case of the covenant provided is subdivision (b) of Section 1 of tbie Article IV), against the public Body, its successors and assigns, act every successor in Interest to the Property or any part thereof or any interest therein, and any party in possession or occniancy of the Property Or any part thereof. it is further intended and agreed that the agement and covenant provided (a) in subdivision (a) of Section 1 of this Article IV shell remain in effect Until 19 (at which time such agreement and covenant Abell 499 W,' , end b) in e,—Di iv1aloa (b) of such Section 1 shall remain in effect without limitation as to time. Sec. j. fltforcmbilit by Agmey n United States. In Amplification, and not in restriction, of the prow a ne oP Sect o0 2 of Lhie Article N. IL is intended and agreed that the Agency stall be deemed a beneficiary Of the agremente end ute provided in Section 1 of this Article IV, and the United States shall be Stated a beneficiary of the covenant provided 1n subdivision (b) of such Section 1, both for and In their Or its ow right and also for the purposes of protecting the interests of the comunity and the other parties, public or private, in whose favor or for whose benefit much agreements and covenants have been provided. Such agreements and covenants $ball (and the Used mail so $tate) run in favor of the Agency and the United States for the entire period during which such agreements and covenants shell be in force, without regard to whether the Agency or the United States Is or has beat an Owner of any lead or interest therein to, or 1n favor of, which such agreements and constants relate. Tee Agency shall have the right, in the event of any breech of any such agement or covenant, and the United States shell have the right, in toe event of any breach of the covevaat provided in subdivision (b) of Section 1 of this Article IV, to exercise all the rights and remedies, and to maintain any actions or suite at low or In equity or other proper proceedings to enforce the curing of auto breach of agement or o"munt, to which it or any other beneficiaries of such agement Or oovetant may be entitled. ARTICLE V. IME331IDIOM AGAINST ASSIOARDIiT AM TRAIMM Sec. 1. Representation AS to Redevelopment. The Public Body represents and &gees that its purebase of the Property suallbe for the purpose of redevelopment of the Property in accordance with the Urban Renewal plan and the Agement. Sec. 2. prohibition Against Treafei of Property and Age act. ne Public gady has not made or oreafeo, Una Of the Improvments, an certified by the Agency, make or, create, Or suffer to be made or treated, (a) any total or partial sale, conveyance, or lease of the Property, o any part thereof or interest therein, or (b) any, assignment of the Agement, o any part thereof, or (c) any agement to m any of the foregoing, without the prior written approval Of the Agency. Such approval shell be on swch condition as Us Agency ay in its exclusive discretion determine, including, but not 1lnited to, the assertion by the proposed treaferae, by Instrument in writing, for itself and its Successors and aselgm, and for the benefit of the Agency, of all obligations of the Public Body order the Agement. -5- ARTICLE VI. RRHEDIES Sec. 1. Notice of Default. In the event of say default ander or breach of ayv a the terms or conditions of the Agrement by either party hereto, or any, successor or assign of, or successor It interest to, the Property, such party or successor shall upon vritteo notice from the other proceed to comedy or cure such default or breach within notapp . Saye after receipt of such notice. In can such action 1e not tahm orlalligen pursued or the default or branch shell net be cured or imedled within a reasonable time, the aggrieved party may Institute such proceedings as may be necessary or desirable in its opinion to cure or remedy such default or breach or to obtain demnges therefor, including but not limited to proceedings to compel specific performance by the party in default or breach of its obligations. Sec. 2. Termination by Public Body. In the event teat (a) the Agency does not teller conveyance of the Property er possession thereof in the manner end condition, and by the date, provided in the Agreement and any such failure shell not be cured within 30 dans after written demand by the Public Body. (b) f Ill/ then the Agreement shall at the option of the Public Body be terminsted, and neither the Agency nor the Publln Body shall have acy further rights against or liability to the other under the Agreement. See. 3. Termination by Agency. In the event that prior to conveyance of the Property to the PublicBB�oddYY and in violation of the Agreement the Public Body (and ansurce66oi Sv Svtareet) assigns or attempts to assign the Agreement of am rights herein or is the Property, or the Public Body does not pay the Purchase Price for and take title to the Property upon proper tender a conveyance by the Agency pursuant to the Agreement, then the Agreement and any rights of the Public Body or any successer or rty anelgn of the Public Body or transferee of the Prope uudex the Agrement or arising therefrom, with respect to the Agency Or the Property, eball at the option of the Agency be terminated by the Agency. In such event, except for the right of the Agency to a®,gee for such breach afforded by low, neither the Public Body (or assignee or transferee) nor the Agency shall have any further rights against or liability to the other under the Agreement. Sec. 4. Delays Beyond Control of Parties. For the purposes of the Agreement, neither SDs Agency nor the Public Body, em tae case may, be, nor say suceesr a either of then shad be considered in breach a or in default under its obligations vith respect he the preparation of the Property for iedevelopmevL, or the beginning soul conpletlon a construction of the Improvements, or progress in respect thereto, In the event of enforced delay Sn the perfoa mnce of ouch obligations due to unforeseeable causes beyond its control and vithout its fault or negllgemce, Including, but not restricted to, acts of Cod, nets of the public ene,gv, este of the Cover®emt, acts a the other party, fires, floods, epidemics) Quarantine restrictions, strikes, freight mbatgces, and unmually severe weather, or delays of subcontruetom due to such causes; it being the purpose and Intent a this - 6 - provision that, In the event of tee occurrence of any such enforced delay, the time or these for performance of the obligations a the Agency with respect to ooastructim of the $mprovemmLe, as the case may, be, wail be extended for the period a the enforced delay; provided, that tee party seeking the benefit of the provisions of this Section shall, within not applicable days after the beginning of any such enforced delay, have fires ratified the other party thereof in writing, and of the cense orca uses thereof and requested an estenefm for the period of the enforced delay. Sec. 5. Niches and Remedies Cumulative. The rights and remedies of the parties to the Agreements whether provided by law or by the Agreement, shall be emulative, and the exercise by either party of dry, one or more of such rmedies shall not preclude the exercise by it, at the same or different timer, of any other such emedles for the ame default or branch, or a any of its remedies for ary other default or breach by the other party. No waiver made by either party with respect to the performance, or menner or time thereof, or soy obligation of the other party or any condition to its own obligation under the Agreement shall be considered a waiver of any rights of the party making the waiver with respect W the particular, obligation of the other party or condition W its own obligation beyond thuse expressly valved and to the extent thereof, or a waiver in any respect IN regard to any, other rights of the party making the waiver or any other obligations of the other party. No such waiver shall be valid unless it is In writing duly signed by the party waiving the right or rights. ABTICSE V1I. MISCELLANEOUS PROVISIONS sec. 1. Conflict of Interest. No member, official, or mployee of the Agency shall have eny personal interest, direct or Indirect, Sn the Agreement, nor shell any such member, official, or employee participate In any decision relating W the Agreement which effects his personal Interests or the Interests of any corporation, partnership, or association N which he is; directly or Indirectly) Interested. No member, off Isla, or employee of the Agency shell be personally liable to the Public Body or any successor In interest In the event a any, default or breach by the Agency or for any amount which may, become due W the public Body or successor or on any, obligations under the come a the Agreement. Sec. 2. Equvl Deployment Opportun1tY.12 The Public Body, for itself, and its a cessorsend $$signs, aVees t it will Include the following provisions of this Section 2 in every contract or purchase order which may, hereafter be entered into between the Public Body end any Party (hereinafter in this Section called "Contractor") for or is comectim with the construction of the Improvments, or any pert thereof, provided for In the Agrement unless coup contract or purchase order is exmpted by rules, regulations, or orders of the Secretary of labor issued pursuant to section 204 of pmcutive order U246 of September 24, 1965: "Sec. . E ual Employment Opportun4tY During the performance of tale mntnet, a co moor agieer w Lha Public Pally as Yollovs: - 7 - (a) The Contractor will not diecrlminate against any employes Or applicant for employment because of race, reed, color, o national origin, and after October 13. 1968, because of race. color, religion, sex, national origin. Me Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, reed, color, or national origin, and after October 13, 1968. without regard to their race, color, religion, a or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising: layoff or termination; rates of pay or other forms of compensation; and selection for training,lnoluding apprenticeship. the Contractor agrees to post in conspicuous places, available to employees and employees and applicants for employment, notices to be provided by the Agency _ setting forth the provisions of this nondlecrimination clause. (b) .The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants 411 receive consideration for employment without regard to race, reed, color, or national origin, and after October 13, 1968, without regard to race, color religion, sex, or national origin. (c) Me Contractor will send to each labor which or representative of workers with which the Contractor has a collective bargaining agreement or other contract or understanding, a notice, to be provided, advising the labor union or workeYa representative of the Contractor's com3tmenta under Section 202 of Exeeutive Order U246 of September 24, 1965, and shall poet copies of the =ties in conspicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of guarantor Order 11246 of September 24, 1965, and of the rules, regulations, end relevant orders of the Secretary of labor. (e) the Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, ragulatlone, and orders of the Secretary of labor or the Secretary of Husain and Urban Covelhpmeat pursuant thereto, and willpermit access to the Cwntractorle books, records, and accounts by the Agency, the Secretary of Housing add Urban Development, and the Secretary of labor for purposes of investigation to ascertain compliance with such rules, regulations, end orders. (f) In the event of the Contractor's noncompliance with the nOndiehximimtlon clauses of this contract or with any of such rules, regulations, r orders, this contract may be canceled, termllmted, or suspended in whole or in pert and the Contractor may be declared ineligible for further Coveroment contracts or federally assisted construction contracts in accordance with Procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions my be Imposed add remedies invoked as provided In Executive order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of labor, or as otherwise provided by law. _8. (g) Tee contractor will Include the provisions of IBragraphs (a) throngs (g) of this Section in every subcontract or purchase order unless exempted by rules, regulations, or orders of. the Secretary of labor issued pursuant to section 204 of Executive order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to May construction contract, subcontract, or purchase order as the Agency or the Department of Housing end Urban Development may direct as aof enforcing Such provisions, including sanctions for nonsomplieme m Provided, however, that in the event the Contractor becomes Involved in, or Ss tbreetemi with, litigation with e subcontractor or vendor as s result of such direction by the Agency or the Baparteent of Wusing and Urban Development, the Contractor may request the United States to eater into such litigation to protect the iatereats of the United States." For the purpose of including ouch provisions In any construction contract o purchase order, as required by this Section 2, the term "public Body" and the term "Contractor" may be changed to reflect appropriately the gene or designation of the parties to such contract or purchase order. Sec. 3. Notice. A notice or coneunication under the Agreement by either party to the other shall be sufficiently given or delivered if dispatched by registered mall, postage prepaid, return receipt requested, and (a) in the case of a notice be comeelcatlon to the public Bury, is addressed as follows: City of Bangor 73 Harlow Street, Bangor, Maine 04401 ma •' (b) In the Case of a notice or eo®mSmtim to the Agency, is addressed m follows: b T 't £ th C't f BangoY 73 Her ow Htxeet. HanvoY. Mem 04401 r is addreseed in such other way Be respect to either party m that party may, from time to tied, deelgsate in writing dispatched as provided In this Section. Sec. 4. Agreement SurvSves Cmvdyeace. None of the provisims of the Agreement is Intended to or shall be merged by reason of way deed transferring title w the ig iutamwt, andproperty frow any each deadtehell out be to dee dbtodefofect or Impalror any etheun provisions wed covenants of the Agreemeat. Sec. 5. Counterparts. The Agreement is executed In two (2) couhterpsrta, ems of which shall be deed to be m origiusl, and such counterparts shall Constitute ohs and the Bees dnstronent. - 9 - m wlx S e�, the agency has caused the Agreement to be duly executed in its behalf and its seal to be hereunto affixed and attested; and the Public Body has caused the a^_e to be duly executed In its behalf, on or as of the day end year first shove written. (BEN.) URBAN RENEWAL AUTHORITY OF THE CITY OF BANGOR (BEN.) ATPEET: Title (Title) CITY OF BANGOR By T1tle -10- Page 2-a WHEREAS, in order to enable the Agency to achieve the objectives of the Urban Renewal Plan, and particularly to make land in the Project Area available (after acquisition and clearance by the Agency) for redevelopment by a public entity for and inaccordance with the uses specified in the urban Renewal Plan, both by the Federal Govern- ment and the City have undertaken to provide, and have provided, substantial aid and assistance to the Agency through a Neighborhood Development Project Master Agreement dated September 27, 1972, in the case of the Federal Government and a Cooperation Agreement dated June 15, 1972, in the case of the City: Schedule B The same premises conveyed to the Urban Renewal Authority of the City of Bangor by Walter A. Gurschick by Warranty Deed dated September 29, 1975 and recorded in Penobscot Registry of Deeds in Book 2589, Page 63, which description is hereby incorporated by reference.