HomeMy WebLinkAbout2006-05-08 06-174 ORDERItem No.
Date: May 8, 2006
Item/ Subject; ORDER, Authorizing the Cry Manager to Execute an Amendment N Purchase Option
Agreement with YMCA — 58 Court Street
Responsible Department: Legal
Commentary:
Pursuant m Counal Order 06119, the City and the YMCA executed a Purchase Option Agreement for the
development of 58 Court Street A zone change was required for the property. The Planning Board dd not
recommend approval of the zone change, but indicated that it would prefer a contract zone change to limit
the use of 58 Court Street to parking only.
This Amendment to the Purchase Option Agreement will impose that restriction in the deed from the City to
the YMCA as well as a condition for landscaping.
The Trarsportal on and Infrastructure Committee recommenced approval.
Department Head
,A do A
Associate) Information: First Amendmentto Purchase Option Agreement
Finance Director
Introduced for NEW BUSINESS
x Passage
_
FINE Reatling Page 1 of 5
Referral
06 174
AsaWwj W Cowcilor a'Errico nzy 8. 2006
CITY OF BANGOR
(MILE.) ORDEk Authorizing the City Manager to Execute an Amendment to
purchase Option Agreement with YMCA --- 58 Court Street
WHEREAS, the City of Bangor and the YMCA are partles to a Purchase Option
Agreement for the Sale and Development of 58 Court Street, dated March
14, 2006; and
WHEREAS, the parties agree that certain deed restrictions and Conditions are
appropriate on the conveyance of 58 Court Street to the YMCA;
NOW, therefore, by the City Council of the City of Bangor, be it:
ORDERED, THAT the City Manager is hereby authorized and directed, on behalf of the
City of Bangor, W execute the First Amendment to Purchase Option Agreement and
Development of 58 Court Street. A copy of said Amendment Is attached hereto.
IN an COUNCIL
Hearn Made and Seconded
for Passage
Nay Surpllss Expressed that
she won appreciative of the
Y Responding to her concerns
and that she did not vent to
sate obstacles for them. hot
questioned whether a contract
one change would he better
than a straight rose change.
City Solicitor Heitamu
eaplafinel that the deed
restricffam will Help
to enforce the condition,
while a crescent none change
Violation would be harder
tce
P as:
`—CPR CLHRC
An_'
0BD%B
CumEd Authorising rhe Ciry Mnoeger
o Execute an Amendrenc to ferriage
Option Agreement with MICA - 58 Court
street
A®igmW W CougeMt YA.4Mi
FHLST AMENDMENT TO PURCHASE OPTION AGREEMENT
AND DEVELOPMENT OF 58 COURT STREET
'This Agreement made this L Otday of May, 2006 by and between the City of
Bangor, ammucipal corporation, duly organized and existing coda the laws of the State
of Maine having aplace of business 973 Harlow Street, Bangor, Maine 04401
(hereinafter CITY), and the Young Mm's Christian Association, duly orga^oved and
existing under the laws of the State of Maine having a place of business at, Bangor,
Maine 04401(hereimfter YMCA).
RBCffA
A The parties entered into -a Panama Option Agreement and Development of Bangor 58
Court dated March lq 2006.
B. The parties will to amend the Purchase Option Agreement to include deed resmctiovs
and conditions to facilitate a required was change.
IN CONSIDERATION of &a foregoing recitals and the consideration recited in
the Purchase Option Agreement, the parties hereby agree to amend the Purchase Option
Agrument as follows:
1. Bydeletin8thefollowing
"6. Tvce of Convecance. Conveyance shall be by Quitclaim Deed with Covenant
to YMCAfrom CITY. CHYshaRpreparethenecessa Deed,mbjectwa mvAby
YMCA'satwmey. CTTYshallcoweytitleandathispuagraphto YMCAfreemdcleer
ofallencumbrmcesexceptous rd,ypublicutilityeasementsserving thepremises,and
any lathe eal regults ofpublic record, and slWlbe mbjaY m applicable zoning and laud
use laws vad regulations."
And by replacing it wiN the following:
"6. Tme ofConvevance. Conveyance shall be by.Quitclaim Deed with Covenant
w YMCAEom C=. CPCYshallpr wedaenuess Dud,subjutWa mvalby
YMCA's attorney. CITY shall canvey title under this paragraph w YMCA free and clear
of all encumbrances except custonary public utility easements serving the premises, and
my other easements of public record, and sball be subject to applicable zoning and land
use laws and regulations.
Said deed shall have the following restrictions: 1) the premises shall oulybe used
fm parking for the YMCA's employees, agents, cormmwre, invitees, and guests; and 2)
the YMCA shalt plant and maintain no less four (4) shrubs, four (4) evergreen trees and
three (3) deciduous trces.
Failure by the YMCA, its successors or assigns to comply, with the restrictions
and conditions comaine3 in the deed shaE give the City the ngbt of entry with regard to
the premises and my and all other nghts pursuant to law, provided, however, that the
YMCA, its successors add assigns, shah fust have sixty (60) days to cme any breach of
said restrictions and conditions after written notice thaeofhas been given by the City.
The foregoing mains of the City shall not be construed to prevent or affect the validity of
a ermnafidemoAgage."
2. Eyreplacrg Exhibit Atothe Purohase Option Afire mtwith Exhibit attached
berate.
Except as modified by flus Amendment, the remaining tams and wudimms of me
Purchase Option Agrxment are hereby reatbrmed and shall remain in did forte and
effect.
W WITNESS 017, the padies hereto have ad Unit hinds and seals the
day and year written above.
- Dated: 5 —lo —06
-D6
nPc. ,isQ
�
Witness
YOUNGM CFSS CHRIST
Z�AQ �
Name:
Tide: CleD
06-1]4
ExE16itA
A certain hit or parcel of land together with my improv®®ts thereon situated in
Bangor, Penobscot County, Maine, more paricalarly described as follows:
Beginning at the northwesterly coma of a certain lot on Court Street conveyed to Nceh
L. Frame by H. N. Whitcomb by used dated April 15, 1882, remrded in Penobscot
Registry of Deeds, Volume 580, Page 46; thence southwesterly on the westerly side of
said lot a dismoce of 100 feet thence at right angles southeasterly a distance of 50beet,
thence at right angles northeasterly 100 feet to said Court Street; thence northwesterly on
said Street 50 fact to We place of beginning, being a lot 50 feet by 100 feet deep out of the
northwest corner of said lot conveyed by said Whitcomb w said Freeze, Also the right to
use the passageway on the northwesterly side of said lot as described in said deed from
Whitcomb to Freeze.
Being the same premises as described in deed brain Robert Newcomb to Ralph PhJbrick
dated December 13,1996 and recorded in to Penobscot Registry of Deeds in Book 6291,
Page 97.