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HomeMy WebLinkAbout2016-04-25 16-158 ORDERCOUNCIL ACTION Item No. 16-158 Date: April 25, 2016 Item/Subject: ORDER, Authorizing Execution of Documents to Amend Conditions in Deed From City of Bangor to Penobscot Community Health Care — Union Street Responsible Department: Legal Commentary: This Order will authorize the execution of documents with Penobscot Community Health Care necessary to extend time to comply with the deed conditions from June 2016 to June 16, 2018. By deed dated June 16, 2009, the City conveyed to Penobscot Community Health Care (PCHC) approximately one-half acre of vacant land abutting its Bangor Medical Center complex on Union Street. A condition of the deed was that the land was to be used only for the purpose of meeting impervious surface ratio requirements of the City of Bangor Land Development Code to construct additional parking on its complex or to construct parking on the conveyed parcel or both and for no other purposes. The deed also included a condition that if it is not done within five years of the date of the deed the property reverts to the City in return for the purchase price. In 2014 Penobscot Community Health Care requested an amendment to the conditions and the deed to give it an additional two years to comply with the requirement that it use the property. The development planned by Penobscot Community Health Care did not take place as quickly as it had anticipated and it will not be able to comply with the deed conditions in the time required. Penobscot Community Health Care has asked for additional time of another two years to comply with the deed conditions. This item was reviewed and recommended for approval at the Business and Economic Development meeting of April 19, 2016. Manager's Comments: Associated Information: Budget Approval: Legal Approval: Introduced for Passage First Reading Referral Department Head Finance Director o r/i�I , • Page _ of _ 16-158 APRIL 25, 2016 _ Assigned to Councilor Graham CITY OF BANGOR AM.1 (TITLE.) ORDER, Authorizing Execution of Documents to Amend Conditions in Deed From 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 return the purchase price if the condition was not met; and WHEREAS, in 2014 Penobscot Community Health Care requested an amendment to the conditions and the deed to give it an additional two years to comply with the requirement that it use the property; and WHEREAS, the development planned by Penobscot Community Health Care did not take place as quickly as it had anticipated and it 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 By the City Council of the City of Bangor. ORDERED, THAT Catherine M. Conlow, City Manager, is hereby authorized on behalf of the City of Bangor to execute any document necessary to extend the time that Penobscot Community Health Care has to comply with the conditions contained in the June 16, 2009 deed from the City of Bangor to Penobscot Community Health Care to June 16, 2018. Said documents shall be in a final form as approved by the City Solicitor. IN CITY COUNCIL APRIL 25, 2016 PASSED CITY CLERK