HomeMy WebLinkAbout2014-04-28 14-153 ORDERCOUNCIL ACTION
Item No. 14-153
Date: April 28, 2014
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:
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.
To date, PCHC has undertaken substantial planning for the development of an approximately
23,000 square foot expansion to its pediatric practice located at it Bangor Medical Center
complex. However, the planning and implementation phase of this project is taking significantly
longer than originally anticipated. Therefore, PCHC requested an amendment to the deed
conditions to give them 2 years to either begin construction of the parking lot on the parcel or
begin construction on the Union Street complex that results in their needing the land to meet the
impervious surface ratio standard. In return PCHC has agreed to make a thirty percent (30%)
payment in lieu of taxes (PILOT) on the parcel to the City.
This Order, if approved will authorize the execution of documents necessary to extend time to
comply with the deed conditions and for PCHC to pay the 30% PILOT.
Department Head
Manager's Comments:
Associated Information:
Budget Approval:
Legal Approval:
Introduced for
Passage
First Reading
Referral
Page _of_
City Manager
Finance Director
14-153
APRIL 28, 2014
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(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, to date Penobscot Community Health Care has undertaken substantial planning for
the development of an approximately 23,000 square foot expansion to its pediatric practice at
its Bangor Medical Complex; 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, in consideration for an extension Penobscot Community Healthcare has agreed to
make a thirty percent (30%) payment in lieu of taxes (PILOT) on the parcel to the City.
By the Ory Counts/ 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 deed from the City of Bangor to Penobscot
Community Health Care dated June 16, 2009 and for Penobscot Community Health Care to
make a thirty percent (30%) payment in lieu of taxes to the City of Bangor for the parcel
description in the deed. Said documents shall be in a final form as approved by the City
Solicitor.
IN CITY COUNCIL
April 28, 2014
P
CITY CLERK