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HomeMy WebLinkAbout2001-12-26 02-66 ORDERItem No. 02-66 Date: 12/26/01 Item/Subject: ORDER Authorizing Approval of an Amendment to an "Option To Purchase" with Northeast Cardiology Associates, P.A. Responsible Department: Community & Economic Development Commentary: The Council authorized an option to Northeast Cardiology Associates for the purchase and development of lots 4 and 5 in the Maine Business Enterprise Park. This Order would authorize extending dates in the Option to Purchase. The extension is necessary bemuse the title to the property must be claMed with the Dept. of Defense. The Option provides for development of a two story, 26,000 square fool, high quality medical services building which will allow the cardiologists to consolidate their current practice which has just under 100remployeesand -- - physicians. The building can be expanded to 40,000 square feet in the future to accommodate their growing practice. Department Head Manager's Comments: xp4yyNO.sra n 0v.&I'6 City Manager Assodated Infom:ation Budget Approval: Finance Director Legal Approval: OW Solicitor (Passage First Reading Page 1 of 1 _ Referral 02-66 �./ Assignedto Council« ealdacci 0ecembex 26, 2001 � s. :vet: .,, M CITY OF BANGOR (TREE.) Order, Authorizing Approval of an Amendment to an "Option To Purchase" with Northeast Cardiology Associates, P.A. By mealy Camey of tl re Oty Wavgw. ORDEREDr TI WT WHEREAS, by passage of Council Order 01-298 on July 23, 2001 the Council approved an "Option To Purchase" doted July 26, 2001 with Northeast CardioloiIy Associates, P.A. approving their option to purchase Lots 4 & 5 in the Maine Business Enterprise Park; and WHEREAS, by passage of Council Order 01-368 on September 24, 2001 the Council amended the "Option To Purchase'; and WHEREAS, the parties thereto wish to further amend several dates in the "Option To Purchase'; NOW THEREFORE BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT the City Manager is hereby authorized, on behalf of the City of Bangor, to execute an amendment to the "Option To Purchase" dated July 26, 2001 and amended September 24, 2001 between Northeast Cardiology Associates P.A. and the City of Bangor for Lots 4 & 5 in the Maine Business Enterprise Park, in a form substantially the same as the attached harem and as approved by the City Solicitor or Assistant City Solicitor. IN CITY 0009CIL ceceader 26, 2001 {lotion Made and Seconded for Passage Passed 6 # 02-66 OMDEA (TITLE,(Authori:ing Apprwai o£ ao Ameadeent co av Opcian t0 Purclase vIIh Northeast Cardiology Associates, P.A. Assigned! b CoundlOf / .P SECOND AMENDMENT TO OPTION TO PURCHASE THIS SECOND AMENDMENT TO OPTION TO PURCHASE, executed this th day of, December, 2001 by and between: CITY OF BANGOR, a municipal mrporetion organized and existing under and by virtue of the laws of the State of Maine, and having 0s principal offices at 73 Harlow Street, Bangor, Maine hereinafter sometimes referred to as "Optionor') AND NORTHEAST CARDIOLOGY ASSOCIATES, PA., a corporation, duly organized and existing under and the laws of the State of Maine, and having a place of business at 700 Mt. Hope Ave., Bangor, ME (hereinafter sometimes referred to as "Options") WITNESSETH: WHEREAS, the City of Bangor is the owner of an airport commonly known as "Bangor International Airport", formerly known as Dow Air Force Base, located in the C'Ty of Bangor, County of Penobscot, State of Maine (hereinafter sometimes referred to as the "Airport'); and WHEREAS, by Option To Purchase dated July 26, 2001 the parties agreed to an Option To Purchase regarding Lots 4 & 5 in the Maine Business Enterprise Park; and WHEREAS, by First Amendment To Option To Purchase dated October 18, 2001 the parties agreed to amend the Option To Purchase regarding Lots 4 & 5 in the Maine Business Enterprise Park; and WHEREAS, the parties hereto wish to further amend said Option To Purchase to extend several dates; NOW, THEREFORE, the parties do mutually agree that said Option To Purchase dated July 28, 2001 and amended October 18, 2001 be and hereby is amended as follows: 02-66 NwMeast CardidogYAssoa'ates P. A, Sewn Amendment to Option To Pwchsse (1) That Paragraph 2 - OPTION PERIOD be deleted in its entirety and replace with the following: 2. OPTION PERIOD - This Option shall remain in force until 4:30 PM on the later of (i) January 31, 2002, or (ii) the fifteenth day after the Release Dead from the United States of America transferring title to the property now known as the Maine Business Enterprise Park to the City of Bangor is recorded in the Penobscot County Registry of Deeds. Unless exercised by the Optionee prior to said data, this Option shall expire at that data and time. Upon expiration of this Option, Optionee shall forfeit to the Optionor all sums paid in accordance with Paragraph #1 of this agreement. (2) That Paragraph 7— EXERCISE OF OPTION be deleted in its entirety and replace with the following: 7. EXERCISE OF OPTION - Optionee may exercise this option on or before 4:30 PM, an the later of (i) January 31, 2002, or (ii) the fifteenth day after the Release Deed from the United States of America transferring title to the property now known as the Maine Business Enterprise Park to the City of Bangor is recorded in the Penobscot County Registry of Deeds. The Option will be exercised by written notice to Optionor delivered personalty or mailed to Optionor within the time above limited. THAT except for the foregoing, said Option To Purchase dated July 26, 2001 and amended October 18, 2001 between the City of Bangor and Northeast Cardiology Associates P.A. will remain in full force and effect in all other respeck between the undersigned. Page 2 d3 02-66 NOrfheest Cartgology Assadetes P.A. Second Amendment to Option To Purchase IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year written above. CIN OF BANGOR Date: By: (Witness) Edward! A. Barrett City Manager NORTHEAST CARDIOLOGY ASSOCIATES, P.A. Dale: By: (Wdness) Robert M. Hoffmann, M.D. President Page 3 of 3