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HomeMy WebLinkAbout2006-05-08 06-173 ORDERDxm No, 06 173 Date: 05-08-06 Item/Subject Order, Authorizing the City Manger to Execute a Workout Agreement to Resokre Tax Arrears and Code Violations with Richmond and Pamela Dickey for 386 Kittredge Road. Responsible Department: Legal This Order authorizes the Gty Manager to execute a second workout agreement with Richmond & Pamela Dickey to resolve tax arrears and code issues at 386 Kittredge Road. last month, the Council ordered the City to take possession "a property after the Dickeys failed to comply with an earlier workout agreement. The Dickeys now have the funds to pay off the tax arrears and friends of the Dickeys have came forward and have pledged to assist Mem with abating the Code violations by October 1, 2006. Given the exigent circumstances, the Finance Committee recommended approval of a second workout agreement at Its May 1, 2006, meeting. Department Head Managees Comments: Recommend approval. d City Manager Finance Director Z Uty solkttor Introduced for X Passage _ First Reading Page _ of. Referral 06 173 Aeaigned to Councilor Palmer May 8, 2006 CITY OF BANGOR (TITLE.) ORDER, Authorizing the City Manger to Execute a Workout Agreement to Resolve Tax Arrears and Code Violations with Richmond and Pamela Dickey for 386 Kittredge Road. NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CIN OF BANGOR THAT. Edward A. Barrett, City Manager, is hereby authorized to execute the attached workout agreement to resolve tax arrears and code violations with Richmond and Pamela Dickey for 386 Kittredge Road, the finakfotm of which shall first be approved by the City Solicitor or Assistant City Solicitor; Furthermore, the City Manager is authorized and directed to take possession Af 386 Kittredge Road in the event that Richmond and Pamela Dickey hill to comply with said workout agreement. This Order supersedes CO 06-148, passed on April 10„ 2006. I8 CIff MMCIL May 8, 2006 Mot YHade avd Seconded for P d CL89& # 06-1]3 to Htee cute a zfa¢ the City Meva¢ex tte a Vaxkaut hg[eemevC to HeaOlva aaa ea=_ Piot tfooa with eichmavd ad Pacela Oictry for 386 Anipmd to CUftilor Y(1Jwu/ City of Bangor, Maine 06 173 Special Workout Agreement Agreement between the City of Bangor (hereinafter'9he City") and Richmond C & Pamela L Dickey (hereinafter "The Taxpayer) regarding me following described property: 386 Kittredge Road- REN 6115, Bangor, Maine, and further described at the Penobscot Registry of Deeds (hereinafter "PRD'), Volume 8334, Pg 348. There are outstanding Real Earn tax liens, including matumd liens, due on the subject premises for the following tax year(s): 2004. Said liens) having manned on December 29, 2005. There are other unpaid debts and fees due The City as follows: 2005 & 2006 Real Estate Taxes. IF THE TAXPAYER HAS OUTSTANDING SEWER CHARGES, HEISHE SHALL EXECUTE A SEPARATE AGREEMENT WITH THE C11'Y OF BANGOR WASTEWATER TREATMENT PLANT. The Taxpayer desires to have me City convey the title of the subject premises an The Taxpayer. The Bangor City Council has authorized the City Manager m enter into this agreement with The Taxpayer who desire the City 0 convey property A them. The condition of such agreement calls for payment of all outstanding taxes, debts and fees. Now, therefore, in consideration of the mutual promises armload herein, the parties agree as follows: POSSESSION: The City agrees in permit The Taxpayer to remain in possession of the subject premises during the tern of this agreement TAX ARREARS: The Taxpayer shall pay to The City the sum of $1,094.31 upon execution of this agreement. CURRENITTAXFS AND CHARGES: TM1e Taxpayer she 11 pay all current and future taxes, sewer charges and other debts and fees to The City as He became due and payable. The Taxpayer shall abate all code violations on the subject property on or before October I, 2006, to the satisfaction of the Cade Enforcement Officer (do abaement action). The abatement action shall resolve to the Cade Enforcement Officer's satisfaction all items listed in the Inver reviewed by the Finance Committee at its May I, 2006, meeting from Bonze Allen to John Hamer dated April 24, 200, and incorporated herein by reference. The abatement action shall also resolve any other issues identified by the Code Enforcement Office that may be discovered or develop during the abatement action. The Taxpayer shall provide a progress report to the Code Enforcement Officer on or about the first day of each 06 173 month outlining what has been accomplished during the prior month and what actions ere plannW for the following month. Additionally, Taxpayer shall keep the subject property in a clean and safe condition during the term ofthis agreement TITLE: The City will retain title to the subject property mail The Taxpayercomplmes hisMer obligations pursuant o the terms and conditions of this agreenent. DEED: Upon The Taxpayer's completion of hixlber obligations pursuant to the terms and conditions of this Agreemenp The City will convey, to The Taxpayer the subject property by municipal quitclaimdeed and will discharge any outstanding property tax liens on the subject property. FUNDS DUE TAXPAYER: The Taxpayer agrees that The City may apply any Ponds due to The Taxpayer firm The City during the term of this Agreement to The Taxpayer's debt in a manner b be detennincd by The City. WAIVER: The City by execution of this Agreement does not waive its rights pursuant to 36 MRSA Section 941 et seq. to assess taxes on the subject property, record liens against it and foreclose on said liens. Further, by execution of this Agreement The City does not subordinate its position to any mortgage holder or other party -in -interest to the subject tamperer. BREACH: Failure of The Taxpayer to comply wit any term or condition of this agreement shall he deemed a breach of this Agreement. The City shall use any and all methods available to insure collection of the outstanding debt up m and including taking possession of du; subject property. Failure of The City an complain on any action or n-amirn of The Taxpayer, no matter how long the same may continue, shall not he deemed a waiver at any dmeoftheprovisionsofthis Agreement Further, no waiver at anytime ofany provisions of this Agreement shall he construed as a waiver of any other provision of this Agreement A waiver at anytime of the provisions of this Agreement shall not be construed at any subsequent ime as a waiver of rhe same provision. Tied May_, 2006 Edward A. Barret[ City Manager Richmond C. Dickey Pamela L Dickey