HomeMy WebLinkAbout2004-05-10 04-146 ORDERCOUNCI.ACTION
SUSPENSION OF THE RUUF
Item No. 9-19
Item/Subject: ORDER, Authorizing the City Manager to Exegete All Documents Necessary to
Implement Development Agreement with Penquis Family Housing Associates Limited
partnership
Council Order 03-339 passed by the City of Human City Council on October 27, 2003 authorized a
Development Agreement with Penquis Family Housing Associates Limited Partnership. The
Developmmt Agreementprovidesthatrhe Cityshalllomupm$130,000ofC unity Developmmt
Block Grant finds to Pmquis Firmily Housing Associates Limited Partnership. The fulls are to be used
for property acquisition.
When the City and Penquis Housing Associates Limited Partnership closed on the loan to finance the
acquisition, an error in the paperwork resulted by Penquis Housing Associates Limited Partnership
conveying the property, to the City arM executing a mortgage deed and promissory vote for the loan. To
correct the error the City needs N convey[he property back to Penquis Family Associates Limited
Pamoreldp, the City needs m discharge the original mortgage and Penquis Family Housing Associates
Limited partnership needs to execute a new mortgage died. This Order subsumes that and the execution
of my other documents necessary to implement the Development Agreement between the City and
Pmquis Family Housing Associates Limited Parmerstvp.
Budget Approval:
Legal Approval:
Nuance Director
City Seldom
Introduced for Consent Agenda
X Passage
_ First Reading Page 1 of 1
Referral
SUSPENSION OF Site RULES
oaua
Assigned b Gu ilor
C •, bra'..
CITY OF BANGOR
(TITLE.) ORDER, Authorizing the City Manager m Execute All Documents
Necessary to Implement Development Agreement with Penquis Family
Housing Associates Limited Partnership
ay Me Aty[ nal of the GRy af9anga:
ORDERED,
WHEREAS, by Council Order 03-339 passed by the City of Bangor City Council on
October 27, 2003 authorizing a Development Agreement with Penquis Family Housing
Associates Limited Partnership; and
WHEREAS, the Development Agreement provides that the City shall loan up to
$130,000 of Community Development Block Grant funds to Penquis Family Housing
Associates Limited Partnership, said funds to be used for property acquisition; and
WHEREAS, when the City and Penquis Housing Associates Limited Partnership
closed on said loan an error in the paperwork resulted by Penquis Housing Associates
Limited Partnership conveying the subject property to the City and executing a
mortgage deed; and
WHEREAS, to correct the error the City needs to convey the property back to
Penquis Family Associates Limited Partnership, the City needs to discharge the original
mortgage and Penquis Family Housing Associates Limited Partnership needs W execute
a new mortgage deed.
THEREFORE, by the City Council of the City of Bangor,
ORDERED, THAT the City Manager Is hereby authorized and directed, on behalf of
the City of Bangor, to execute a deed to Penquis Family Housing Associates LP and
discharge of mortgage, and accept a mortgage deed to the City securing the existing
promissory note given by Penquis Family Housing Associates limited Partnership to the
City, and to execute and accept any other documents required to implement the
Development Agreement between the City of Bangor and Penquis Family Housing
Associates Limited Partnership.
clxs lDwCTI.
10. 2004
fon Made and Secaoded t
soder Cowell Ordex 004-146
r Suapeasiw of the eines
es Suspended
aw blade and Seconded
# 04-146
O MOeM
(TRLE,) Authorizing the city Manager to
fisecuce Nacumunts Necessary to Imp emegt
llevelopment Agreement etchYaequis Partly
Assigned to Councilor
Wr146
SUBORDINATION AND STANDBY AGREEMENT
This Suboxdimotion and Standby Agreement (the "Agoacumtj is entered into by, bemem sand
among City of Bangor, a Maine miumpal corpotation with a matting address of ]3 Harlow Stem
Bongos Maine, 04401, (the "Cit}+), Maine Sere Housing Authority, a public body, coTpo wad
politic and iasnumenmlity of rhe State of Maine svnh a mailing address of 353 Water Sweet,
Augusta, Maine, 04330-4633, ("MSHA'), Pmquis Family Housing Associates Limited
Parmetsbip, a Mame Unused permctship with a mating address of 262 Harlow Stent, Beagox,
Mauve, 04402, (rhe "Unused Parmaship'%Pmquis C.A.P., Inc., a Maine nonprofit corporation
with a mating address of 262 Harlow Sleet, Bangor, Maine, 04402, ('TCAP"), and Northern New
England Housing Iwestment Fund (formerly known as Maine Housing Investment Food), a
Maine nonprofit coxpotaaon with a marling address of 183 Middle Stme4 Y Floor, Portland, Maine,
04101,
In m,s Aendov of a loan made by MSHA to the rmv. Partnership no even ox neat date herewith
for the peonanent Imancmg of the acquiudoo and construction of a cemia 16 -unit residential rental
property located at or near 165 Griffin Road in Bangor, Penobscot County, Mame, and more -
porocalarly descubed is ExlibitA attached hereto, (the'Ttojece) and the mutual obligation
contained herein to establish the telatvc tights, priorities and obligations of rhe panes hereto, and
for other good and valuable consideration; rhe re<upt and sufficiency ofwhich n hereby
acknowledged, MSFFA, case City, du Limited Pasnetshtp, PCAP and NNEHIF agree as follows:
1 SnruotLoans. MSHA has made melons in the aggregate ptindpal amount of $1,645,000
to the Limited Parrnaship on c7m or nect dare herewith (collmtivelyrhe"Senior luaus'), which
are rnidenced and secured by a ctocon replacement cunmimamr Inter from MSHA dated May 18,
2004 as modified and accepted by the limited Patmeedup, a certain Promissory Nae in the original
pmcipal amouht of $145,000 peen by the Limited Partuership to MSHA of ever or near dare
haeaith (rbe"145,000 Senior Noke) and a cettai s Mottgag and Security Ageemme and
sociared UCC -1 Fisting Stalesnaz
Stalest of even or edare herewith gives by rhe Urrdvul
Parnaship to MSHA as security fou the $145,000 Smote Notf (ibe "$145,000 Senior. Mortgage'), a
- canon Deferred Psymeat Psomiseory Note in the origuil.punapd amount of $1,500,000 given by
the Limited Partnership w MSHA'of eves of neat: date herewith (the "$1,500,000 Smioz Note) and
eves or near date h=ewith given by the limited Parwadep to MSHA as secutity
certain Deposit Account Coatol Apeemeat(s) by and among the Limited Parmersbip, MSHA and
the deposiwry(vesJ or Bnanciil mmmtim(s) holdiang rhe deposit accounts o£the Devdopmmt a
ceuam Financial ntnance Ageemeot by and betwem the Landed Pa nership and MSHA dated
May 18, 2004 to be recorded herewuh (the "Fianaudal Assistance Agre®enC), a certain Reg.tztory
Agement by and among MSI ,the Limited Pennership, Pmquis Development, Inc. and PCAP
of even or nesr date herewith, a tannin Deduction of Covenants, Conditions and Resmcmns by
and bemeen the Limited Partnership and MSFIA of even or near dare herewith w be recorded
Mauve State Housing Autrouty
Subozrtinadon and Standby Ages ment
Page 1 of 10
bereirna (the"Declaranou of Covenmu'), a ce nus Opemnng Deficit Account Agreorent by and
between the 1. _. .Pattnaship and MSHA ofeven ox been date huevitb, a ceamin incomplete
Work Escrow Agreement by and between the Limited Parmusnip and M IRA of even or nest date
herewith, a cendn Fair Housing and Accessibility Acts C fkation.by the Incited Patmershipm
favor ofMSHA ofevev ox neat date hexewitle, a certain Estevded Low-hucome Housing
Commitment Agreement by and between the limited Pum csUp and M&AA of even or neat dace
herewith to be treaded herewith (the "Psteuded Use Agteeeene), and all other seenew:7
msnureents and documents vow of hereafter executede Connection with theL m(collecu ly, the
"Sumo[ Loan Docammtsy. MSHA reprumtsthatas of the date of this Agxeemevt the Senior
Loans axe not evidenced or secured by any docatconts orivmummd other than the Scour Loan
Documents. The parties to this Agreement hereby consent to the Senior Iums and the Seaiot Loan
Documents, except that my before advances undo the Senior Loan Documents ate subject to the
Ciq+s approval Notwitbstmding she foregoing, MSHA may make protective advances unlit the
Senior Loan Documenta to protect MSHA's secvuty interest in the Project and the collatexd
desmbed in the Senior Loan Documents.
2. Subordinate Lonna The City, made a loan an the original pmcipel amount of $130,000 an
the Limited Parmuship on or about Apn130, 200# (the "Sub uchisa a nano'), which is evidenced
and secured by a because Prowssary Note and Agreement in the original pnnupal amount of
$130,000 given by the I noted Pacmership to the Oty dated Apel 30, 2004 and a cecmin Mortgage
Deed, Security Agreement, Financing Statement and Assignment of Leases given by the limited
Partnership to the City dated May 12, 2004 and tecorded in the Penobscot County Registry of
Deeds in Book 9327, Page 234(co➢ectively,the "Subordinate Loan Documents'), The Oty
xepresents that as of the date office Agaument, the Subordinate Loam is not evidenced or accused
by my documents or iwnumevb other Nan the Subordinate Lists Documents and that the
Suboadwate Loan Documents have not been assigaW w ox subordinated m Isaac of any person or
funny, and agrees not to assign, tmsfer or subofdinuc my not or imtexut therein without nodfying
MSHA, 'fhepuneswtbu Ag mtherebyconaentmtbe Subotdinatclo =dthe
Subordinate nam Dome MS ecceptteatmyfumxe naundue rhe Sebadivreinan
Domemw rs me subject MSHA's pea wdttm approval.l. '
3. Right of First Refusal; Option to Purchase. The fimtred Parrneaship has granted a right
--
offns[oc ushl and option to pacbaaethe Project toPCAP and NNEHIF subject to and in
accordance with the temas and continues of a osubut First Amended and Restated Limited
Parmetship Agreement of Penyuis Family Ho sung Associates Limited PaceneuMp dated as of May
18, 2004 and a counta Right of Fuat Refusal by end among the Limtted Perenersbtp, PCAP and
NNEHIF dated May 18, 20M and recorded m the Penobscot County Registry of Deeds at Book
9345, Page 177 (colkcdvdy, tbc'Purcbase Rights'). The LwitW Pazmership, PCAP end NNEHiP
hereby represent that the Pachase Rtghti are not evidenced by any document or ficurnmmt other
then said Amended and Restated Limited Partnership Agreement and Right of Feat Refusal and
have not been assigned to or subordinated in favor of say person ox entity other than as paraded
herein, and agbees not to assign, transfer or subordinate such Purchase Rights wi lion notifying
MSHA.
Mauve State HwaingAuthovty
Subordination sod Standby Agaecamt
Page,2 of 10
'rhe usasfet of the Projenr and the transfer of wisest m the Limited Pumersbip contemplated by
the Purchase Rights ere subject to M 's prior wduen approved, which MSPIA is -p gmna gat
this tins, PCAP and NNE£ +shall not assign, ttmsfa,hypothscare of orherarse dispose of the
Purchase Fights, inducting any interest therein, without the prior written nodce to MSHA.
4. Subooinaeon. T1te pamesto dais Agreement hereby, agree as follows
Debt. The Gty hereby agees that the indebtedness and obligahans of the
Subordinate Iuae and the Subordinate Lan Documents, inducting sit exrevsiovs, rme ,
mo&fimtoas and mbstwoons dvowf and all Untie advances thaemdu, and ell orha
present and future indebtedaas and obtigatons of ted Pa crdup to the City (dere
`Subordinate Obhgadoneshall be end u hereby albotd®ated to the mdebvdness and
obligations of the Senior Loans and the Senior Loan Documents, including any extensions,
xmewak and modificadom and subdmiaons thermf, any, future advances pursuant aherew
approved by the Gty in acoaN cc withthis Agieement, ah reasonable costs of collection
and enforcement t6aeofivcludivg reasonable attorneys' fees, and 0 other present and
future indebtedness and obligations oflimired Paz sbip to bCS (the "Savior
Obli urns').
b. Id"s. the City hereby agrees there rhe lien, secvdtyivtuuts and collateral
evidenced by the Subordinate Loan Doctun nts and all other present and future liens,
catty intererts and collaeetd swuring the Subordinate Obhptovs shoo be and is hereby
subordinated to the lien, security ivrmests, collateral, restrictive covenants and
eacutnboneezo evidencsl by the Senior Loan Docammn, as same may be extended,
modifid or reo]aced, and all other pre eat and forme liens, secadty mtuests, collateral and
mcumbrances=enden,mg or secomg the Semol Obliganoas,
MSHA Affordability Cto,en au. ne partes m dais Agreement bueby agree that
their respective loans and enambfmcu on the Pvnam including without limitation, rhe
Seniot Lav Documents, tae Subordinate Lev Docmnenrs and the Pi tchase Rights shah be
and are hereby subordinated to the Pttended Use Agreement and the. Pwandal Assistance
Agxeementznd that the Subordinate Linn Docummb and the Pucbsse Rights shill be and
are haeby, subordinated to the Declaration of Covrnams.
d Pur b== ghn. PCAP and N LP hereby agree that the Purchase Rights shall
be and are haeby subordinated to the liens, secotty mtuests, collateaL testdctive covenants
and mcunbtanrzs evidenced by the &odot Loans, Senor Lm Documents, the Subordinate
Lour andrhe Subordiaste D Documents, az same may, be extended, modbid or replaced
and to 0 other present and hanne bees, smarty interests, whsteril or tacumbrances
evidmciug or securing fof the Senior Obhgatwm and rhe Subordinate Obligations.
Mvae State Housing Authority
Suboxdmatiou sad Standby Awe®ort
Page 3 of 10
el Effect of Subordivatm. The partes hertto egtee ro tie foregoing subordination
whether before, after or during aay Pending bankrus reorganvs.mn or other ierolvmry
proceeding and tegazdless of the fire, and order of the gaucng or delivuy of aay krn,
secursty interest,co➢aceml or mcumbeance, recording of my country instrument or(ding of
any finanang statmen5 and regardless ofwhea advances of loan proceeds are made to the
Lwited Parmash p.
5. Priority of Loans a Encumbvances. The parties to this Ageemmr hereby agree at 0
crass, whether before, after of dutag any fussing bstchruptroy or other insolvency proceeding, and
nouxudr anding the pnottes which would ordinarily resnlr horn the order of the ganging ort
recording of any lice or encumbvnce or the filing of any boavaog strubb nn or liens and
regudleas ofwhee advances of hands me made to the limited Paztnusbip, the relative priorices of
the hews and encurabances of the patties with respect to the Projxr shah be as follows:
Extended Use Agcemeot Pint Prouty
Pinaaazl Assistance Ageement Second Ptionry
$145,000 Senior Mortgage Font Lien and Third Ptiotity
$1,500,0005eaiot Mortgage Second lona and Fovnh Prouty
Declaration of Coveoann Pffls Puvuty
Subbrdinate Mortgage Tbitd Lien and Seth Pnotty
Purchase Rights Sevmdh Pnmty
6. Standby; Limit on Right of
k.
Subordinate Loan. The Cory shall not, unless and cool all the Senior O64gauovs are fully
paid, satisfied and perforated and all fivanang artevgmtean by and betweca MStiA and Limited
Patmenhip have been teanlvated, take any of the following actions
Acordenre, request, demand, alae, accept or rpceive from Or of behalf of the Limited
Partnership, by sero£( or in any mzaner, any amomtarepreseat rg 0 Or: any'part of the
Subordinate Obiigamns - - -
Initiate or pactidpare mors others m any suit, Acton or Proceeding including, without
tmimtioa, nay bankruptcy, reorganization or croolveacy proceeding against the Gmied
Paammship to enforce orueatize upon the Subordinate Ob4gan ns.
hit. Repossess, foreclose upon Or otherwise take any action against, or exerase any
emedies with respect on aay secutty interest or Cohateml se^'^"g dl or any pan of the
Subordinate Ob4garioas, i nchhdiag, without limincm, notifying account debtors of the
Limited PerowashT unless and mail there is a default of she Subordirute Loan Docummn
antl the City gives MSHA notice and oppontmity to core such default m ucordance mirh
Section 7 oftbis Agrecmenc
Maine State Housing Authority
Subordination and Smr@yAge®evt
Pa 4ofh0
le Request demand, rake, accept orreceive any secnuty interest or colhreml for the
Subordinate Obligations, othec tam security interests and collateral that are () desmbed m
the Subordinate Lam Docuonmq (h) apt sed to on turning by MSHA, and (m) expressly
subordinated to MSFWs limn, security mtereen, collateral and mcumbrances evsdenang
and securing/for the Senior Obligations.
Aey payment, security or mllatual received by the City for or on account of the
Subadivace Obligamns in violation of this Agteemma sball be delivered to WRk in
precisely the forma meneved(acept for its mdoxsemmr where necessary) for application on
accourat of Limited Parmership's indebtdnns and obligations to MSH and, uvW so
delivered, rhe same shaLL be held in Host by the Gay for the bmeSt of MSHA. be the event
the Gty fails to endorse any inamwmf for eery payment an received MSEIA n hereby
rosentzably constituted and appointed attorney-in-fact for the Gty vara fu¢powet to make
such mdotsement and with full power of mbst nhtioe.
If the Qty shag m vrolatiov heseof, commence, prosecute or participate or my suis
arnoa or proceeding or sl>aU teyuest, demand, accept or receive any payment or shall
anempt to enforce, foreclose upoo or rdize upon my seemty interest and coUrstexal
cuing the Subordinate Obaptiom, MSr may interpose as a defense the toms and
conditions of Itis AgreemmS and MSbiA may intervene and mompose such defense in rts
name or m the name of the limited Pxrmemldp.
b. Pmcaseeglda. Avy naysfer oftitle or intoeirw the PmjecS mduding without4mitetiov
the nansfer contemplated by the Purchase Right, is subject to one prior mtitrev approval ofMSHA
andthe City Notwithstaadingmyabivgwo cono-gcontaivedh=,MSHAmdthe Gtyhave
not conseated to or approved the transfer coatemphtol by the Purchase Righm
the grant of the Purchase Rights shall not imp= or restrect WIWs or the C'ty's fights and
eme&es trader rhe Senior loan Dowmenn and the Subordinate lona Docvmme, indudivg
virhout lwitatiog the vat to demmd Evil payment of dae Smivx Loans and rhe Subordinate Iran
upon any sale or eanafer cfthe Project or any interest in the Project. MSfiA and the Gty may, at
'.sect timer and from time to done, mor into agrewmts with the Lmiod Parrntrship to extend the
e ofpaymenSrmewo, othexrdenor fficrhete®softheeolla Loaysmdthe SeSerdivam
anon a obordgna release, asurxmdu or otherwise deal with the ungffie secvdng the Sevier enays
and rhe Svbordimce Lem wimont w anyway wpeirivg or a£fecmg tse revs of this Agreement.
-7. Nonce of DefaWS Oppommity to Cure. The Gty hereby agrets to give mown notice of
.any d&Wt of the Subordinate lom Documents and all othu instruments and documents eeemred
er ovation runh the Subordinate Lom to MSr in mcoxdance with Sector I I of [hiss
Ageemmr. MSH shah have sony(60) days after receipt of my such notice of defaWS which
receipt shah be deemed to have occurred no firer then daee (S) days afro sock nonce is rent ia.
accotdance with this Agreement, to are 0 defauln idmtbed is the notice. no City agrees to
Milnecreta Hootingy
landSandby Ageemm<
Ingesafo
-
accept all commove arts of all other patties to flaw; Apeeme rt as ifpetfomed by the Limited
Partnership..
S. Proceeds; Awards. Should dere City receive any payment, secotity, insurance proceeds,
awsads or damage for Wong order the power of eminmr domain or by condemnation, mdudiug,
runabout limimtim, damaps for chmging dte Bade of any public way so as to affect the Project, or
any rrber awards, senlemdnrs, damages or proceeds poor m sne saesfacaon of the Savior
Obligsvons, then dere City orifi foddwith delivu the same to MSHA, to preasely the form received
(except for themain evx of rhe parties where necessary) for application on accomt of are
m
liited P"mership'ssivdebtedness and obligations to MSHA and, until so delivered the saxne stall
be hold in trust by dao an, for the benefit ofMSIVt. M IU,, in its sok discretion, may apply Any
insursornae ptoceseds or eminent domain or covdwnation awards received by MSHA or made
available to Limited PaamtrArT for mplacemenk iepah or xeconsmcmv of the property damaged
or on Dunn of I red Pumesbip's obligations As MMHA. In rhe event the City fails to endorse
any ivstmmevt for any payment so received, MSHA is bereby irrevocably cos somted and appointed
attomey-m fact for rhe City with fall power to make such mdoxseminS And with full power of
substimtiov.
9. Bankmpicy; Insolvenry. In the event of any receivership, insolvency, bankruptcy,
assignment for the benefit of orators, rndjurtm®t ofindebredvess, cdmposiuon, reoagadaation,
subscriber or not pursuant to badmpmy laws, rale of all or substantially all of the assets, dissolution,
winding up, liquidation, or any other marshalling of the assets and liabilities of the Lvnited
partneaship, th® any payment or distnbvtiov of "errs or other property of doe Limited Partnership,
which would otherwise be payable to or dekveralsk upon or with repectm the Subordivte
Obligations (iaduding, without limitwtx , payments to provide adequate protection to the Gty or to
eimborse the City for lost opportunity costs or less of time value) shall be paid or delivered ditectly
to fox applicator on the indebtedness darn and thereafter owing to MMI -IA until such
ivdebredwssshsllhavebe® ypaidaadsawfiW MMHA shall have the right to indorse, collect
and receive every such payment or durribution and give acquatmce theeforr, and MSHA is hereby
troamoubly motoo aed,As ammey-th-factfor the City to vote and prove the Subordinate
Obligadovs, and m otherwise protect the interests of the Cry m any of the above-described
proceedings or any meeting of auliurs of the L®ited Pa uneahip relating thereto, tithe Qty
does not do so in a timely roamer, provided, however, dot MSF shall have no obligation to vote,
prove of act math respect to such clauns
30. RemMivg; Famther Assmmces. 1] repattiesagxee�tthis AFeemevtmaybexecoided
in the appropriate Registry carry
out th and filed an the office oftbe Maine Seat more eStare,"
Appropriate. In other e carry our the tams and the intent n dto Agrecmenx more ests so; MS the
parties Apee o execute and deliver aUrxssfarrier nsmmevs and m take at of
actions"MSI-IA
dnermives are necessary m evaure or preserve the provisims and intent of this Ape®evt.
11. Notice. Any noticendemand xequrzed or provided foxadvsApeemevt shall be th'
waling and shop be deemed to have been sothdmtl, given fon all putposes, except as provided
Maine State Housing AuAoriW
Suboadwadon and Standby Agreement
Page 6 of 10
hear, whenhand-delivered or mailed by cetrified a agismeed United Stat« mail, postage prepaid,
return eeceeipt requested, to the patties at taxi[ respeeuve addresses fiat set forth herein, or at such
other addtess as any of them may from time to time hereafter designate by notice given to the other
Panne, as herein provided.
V. - Miscellaneous.
IL Thin Agreenent sball supersede any contrary or cra icing sews and conditions
any other document of instrument to the extent such terns and conditions are contrary or in
conflict with the proviaon hereof
b. The parties to bis Agteenaeatbare all requisite power and legal right and ate duly
autbovzed to execute and d ver this Agreement and to performa, the obligatimu hereunder.
C. Ibis Agreement aheR be bincting mtat partes hereto, scluinag their respective
successors and assigns, and shag inure ro fire benefit ofMSffA, it successors and assigns.
d ibis Agreement may not be amended of modified except s soaring signed by all
Parties hereto.
No action waieh MSHA, or the limited Permership with the consent of MSHA,
may take or refrain from rating wifir respectto any obkgamns of limited Puaarship to
MSHA shaR affect fire terns hereof
f MSHA's delays orfabureto exertiae any tight or remedy hereunder shall not
ovsalute a waiver of any obligation of the panes hereto of any agbt of WS , and all of
MSHA'a fights and remedies beremade[ shah be cumulative. No waiver staff be dee to
be made by MSHA pf any of its vghra herso adei unless the same shall be in venting and n.a
arver, if any, sbaR be a waiver only with respect to fire speafic vutavice involved and A shill
m noway Impair MSHA's aghu or the obligation of the parvus he.em to MSHA heteundet
m my ocher respect or at any other time. -
g Whecerer possible, caxb piovisrn of Arts Agreement shall be rrerp:eeed in sucha
as to be effective, valid uud tinforeeabk under applicable law. However, ff my of the
provisions of tho Agreement shill be detewined to be probibited, vvevforceable or invalid
under applicable law, such provision sbau not limit or otherwise affect due valdity and
enforceability of the reeaindet of such provision or remarsg provisions of fids Agreememr.
h Ilia Agreement shall be consumed and governed s accordance mita fire laws of the
State, of Mare. -
Maine Sue Housing Authority
Subordination and Standby Agreement
Page 7 of 10
IN WITNESSWHEREOF, she panes have hereby caeaed t Subonl=ion and SOndby
Ageetneat to be duly executed end delivered es of r 25° day ofAptf 2005.
CITY, OFBANGOR
By: Cdau�i�
Pmt Name. Edward A. Barrett
Tide: City Manager
MAINE STATE HOUSING AUTHOF=
By,
llna'sToffd Mellowe
Its Mulnfa yLoan Off=
PENQUIS C.A.P.,IN�fC.
c B9 -6t -�p(�
PENQUIS FANIILY HOUSING ASSOCIATES
LIMITED PARTNERSHIP -
By. PengWs DeveluPmenS Inc.
Ise General Paz er
/ By
� Em B.M
iu Chef Executive Off=
Milne State Houdog Au&07
Snbnrdmadnn and SunabyAgttment
Pa 80fl0
NORTHERN NEW ENGLAND HOUSING
INVE
S
T
MENT FUNDI
�.�.,. By. V Vh W
Wimess
Its E.Shamt
Its Vice President
State of Ma Aptit 155 2005
Cowry ofPenobacot _
Puaovally appearedbefore methe above -mored cduz.d 4, swD ztl- duly
avtbovxd CtN �aoa u of toe City of Bangot, and acknowledged the
foregoing iostrament m be hu/het free act and deed m hu/her said capadty and the ftee act and
deed of said CityofBangot. -
' $oNY ✓.c2
/Attorney: Law
' yCommrsnov Expires.
State of Maine - Aped ON 2005
County of l{evnebec
Peun State peamdbefoaemcdreabave-mmed Todd Marlowe, ss MultSamily can Of5cet of -'
Maine Sate Housing Authority,end:iclmowledgedrheforegoia HoHu Ambehis Bee act and
deed in by said tapacity and the Bee act svd deed oEMane Smm Housing Authodty.
Aat Name:
Attorngat-Law
My Commission Expires:
Page So -
Mauvestate Ho�eiog A�tbovty
ae 90 f l0 10 wd SmvdbyP.g<eement
P
Sete of Maine Apol`2005
County of I4 ebec
pevo�m llyppppeaz�&I before me the above-named Smpbm B. Mooers, duly authod
�%ecfo✓v4`1%nx ., 9Cr ,WthePmgv CA.P,I c.,andackvaaledgedthefoegoeg
betrum utto be hu free acXmd deed m his said capacity and rhe free act and deed of arilPmquis
CA.P., for
NftmcRlrtf<^%I. /X/. 7
.*L-_�.—T_ww' /Anomey-at-iaw
State of Metric: Apel, 2005
County of K naebec
Personally appeared the above-named Srcphea B. Mooers, Chidaecumre Officer of
Penquia Development Iv<, Geveml Patmer of Penquu Family Homing Associates Limited
Paamersbip, and gave mtb m the foregoing and acknowledged before me the foregoing m be his
Rot act and deed m bis &aid capacity, the free act and deed ofPimpas Development Inc m its said
capacity acid the free act and deed of Penqum Family Housing Associates limited Partnership.
C
NVICQmJbke/Anomey-at-Law -
M'.eiov-Eaprces'
Solve of lYllill
Comfy of -Aper 2 2005 -
Pemonaly apper ed the abownamccl William R Shavahar, Vice President of Nordaen
New England Housing Im eswmt Fwd and acknowledged before me the foregoing to be lir free
act and deed m his said mpacity, the free act and deed ofNoethem New linglaml Housing
Investment Fwd. ver
Pmt
Weta�tmmey-at-Iaw
MS Com ie
Milne genre Hovering Authodty
PW 10 of
and Snadby Ag.em.ent
Page t0 of 10 '
EXHIBIT A
A canton lot or parcel of land, mgana witb airy improvements thereon, situated on the
nomhwestecly side of GdfSn Road m the Cq of Bangor, County ofPeaobscot, Stare of
Mame, mote pa sculatly descubed as follow:
Beginning in the norfhwesfedy line of Gdf5n Road, socalled, at the southeasterly comet of
Lot 46 as shown on fbe Piael Plan of VJlage Grein for Village Gwen Relfy Tmsf, Bangor,
Penobscot Cauaty, Maine dared Apra 24, 1978 retooled in the Penobscot Reg sty of Deeds
in Map He D37-78;
Theace along rhe astedy line of Loo 46, 45, 47 and 48 as shown on said plan, North 01°
04' 20" East 612.63 felt w the nortbeaauly come of said Lot 48;
Trice Souda 56° ib' 04" East 366.41 feet to the noobwavoly line of said Griffin Road;
Thence by and along said road line, Som& 370 42' 11" West 516,80 feet to the point of
befpnn ng