HomeMy WebLinkAbout1998-09-28 98-387 ORDERCOUNCIL ACTION
Date: 8eDL ash fZ_ 26.
122E
Ztem No. 98-387
Item/Subject:
Authorizing the Sale of Lot l) in the BanAlr Industrial Park
to Daniel Tandy and Stehni Berkey
Responsible Department: Community & Economic
Development
Commendatory:
See attached Memo
�n far ent f�aaa
nenager•e Comments:
City Manager '
Associated Information I'WMP.8
Budget Approval:
Finance Di.[ r
Legal Approval:
Introduced For
Passage ❑ First Reading 0 Referral
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98-387
Areignedb Cwntilor Tyler September 28. 1998
CITY OF BANGOR
(➢TLE.) i®rDPr, .Auflunizingthe Sate_pfunnrn the Baa.ur Industrial Park _...
at Dan l Tandy and Sterani Berkey
By tins City Canned of Be Ciro of Raman.'
ORDERED,
TWT WHEREAS, Daniel Tandy and Stefan Bedcey wish to develop an office and
warehouse facility; and
WHEREAS, Daniel Tandy and Stefan Berkey have offered to purchase Lot 17 in
the BanAir Industrial Park with an area of approxin ately.94 acres:
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE
CITY OF BANGOR THAT the City Manager is hereby authorized, on Nitalfof
the City of Banat, to execute a purchase and sale agreement with Daniel Tandy
and Stefan Behey, a copy of which is attached hereto, for the sale ofl.ot 17 in
the BanAirladustrial.
IN CITY COONCIL
September 28. 1998
Notion to Amend by changing
the "groes floor area of not
less than 6.000 sq. ft. to
5.000 sq. ft. In the Contract
for Sale of Real Estate
Motion Seconded. Amendmentc <enx@tll
Passed Passed (* Amen
de �
CITY ERK
98-38]
ORDER
Title. Authorizing the Sale of Lot O
in the BanAir Industrial Park to Daniel
Tandy and Breland Berkley
..........................��,,.�............
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VV COWCildan
BANAIRCORPORATION
THE GROWING
ADVANTAGE
�TWcZMemoran
pom Je
To: Members of the City Council
From: Stephen A. Bolduc, Executive Manager
�
Date: September 28, 1998 1SQ 3
'
Subject: Offer to Purchase Land in the BanAlr Industrial Park
Issue
Daniel Tandy and Stefan! Berkey have made an offer to purchase Lot 17 in the BanAlr
Industrial Park on Outer Hammond St. for $22,700.
f=Tid.T - , -
Daniel Tandy and Stefan! Berkey, owners of the advertising specialists of main. inc.,
wish to construct a building on lot 17 for use as an office and warehouse for their
specialty advertising business. The size of the building is still being determined.
Initially a portion of the building may be leased to other businesses. They currently
have eight employees and same clients such as, Bangor Hydro Electric Company,
Bangor Gas Company and EMMC.
The offer of $22,700 is the same as the asking price and is made contingent upon
1. Acceptance by the City prior to October 1, 1998.
2. Approval of a Land Development Permit and site plan approval by the Bangor
Planning Board before November 30, 1998.
3. An environmental evaluation of the lots to be done by the Purchaser.
Lot 17 is .94 acres with 150' of frontage on BanAir Rd. and 205' of frontage on BanAir
Court. The BanAir Industrial Park is a Urban Industrial land use district, and therefore a
building of up to 16,380 sq. ft. could potentially be developed on the lot.
The City of Bangor is represented by Susan Brooker, Epstein Commercial Real Estate,
who will receive a 5% commission upon closing of the sale.
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Members of the BanA r Corporation Board of Directors recommend that the offer be
accepted with the following terms and conditions:
a. Site work and building improvements shall commence within one (1) year.
Sufficient evidence of proceeding wgh the "building improvements' is an
approved Land Development Permit issuance of a Building Construction
Permit and initiation of construction of the building.
b. Site work and building improvements shall be completed within two (2) years.
c. The building shall have a gross Boor area of not less than 8,000 sq. ft.
d. The area within the front setback must be landscaped and planted with trees
and shrubs as follows: plant units per 100 ft.: one (1) shrub, one (1)
evergreen tree, and one (1) deciduous tree.
e. The sale is contingent upon approval of a Land Development Permit and site
plan approval by the Bangor Planning Board before November 30, 1998.
Pap
98-38]
CONTRACT FOR SALE OF REAL ESTATE
The undersigned Daniel Tandy and Stefani Berkey (BUYERS) of Bangor, Maine hereby
offer to purchase from the City of Bangor (SELLER) the real estate in its present
physical condition with all improvements thereon, located at Lot 17 in BanAir Industrial
Park, City of Bangor, County of Penobscot, State of Maine, and generally described as
follows:
Lot No. 17 in BanAir Industrial Park, so-called, as depicted
in a plan dated October 20, 1993, titled "Final Subdivision
Plan of BanAlr Industrial Parc- Phase I Revision" and
recorded in File No. D28-94, Penobscot County Registry of
Deeds.
Purchase price is $22,700. $1,000 is the DEPOSIT in U.S. Dollars paid to Epstein
Commercial Real Estate who will hold said deposit and act as escrow agent until the
closing.
The balance of the purchase price is to be paid in full at closing as follows:
CASH AT CLOSING.
THE DEPOSIT IS HELD EXPRESSLY SUBJECT TO THE FOLLOWING
CONDITIONS:
1. SETTLEMENTTTITLE: It is agreed that this transaction shall be closed and the
Buyers shall pay the balance due and execute all papers necessary for the completion
of the purchase on or before 4:30 P.M. November 30, 1998, unless otherwise agreed
to, in writing, by both parties. A quHdaim dead conveying goad and merchantable title,
free and clear of all encumbrances, except normal public utilities, building and zoning
restrictions of record, and restrictive covenants of record shall be delivered to the
Buyers or nominee at closing.
If the Seller shall be unable to convey or deliver possession in accordance with the
provisions of this Contract, or make the premises conform with the provisions
hereunder, then the Seller shall have a reasonable time period, not to exceed 30 days,
to cure any title defect, unless otherwise agreed by both padies in writing. The Seller
hereby agrees to use diligent efforts to cure any such title defect during such period or
make the promises Conform, whichever applies.
2. SETTLEMENT COSTS. Seller shall pay for the preparation of the deed and
declaration of value, together with the preparation and recording fees for the removal of
any encumbrances against the property. All other expenses and costs of document
preparation, title examination, title opinions, and the this insurance shall be borne by
Me Buyers.
The State of Maine Transfer Tax shall be paid by both the Buyers and Seller, as
provided by law.
M
CogmcfFw Saleof Real Estate
Seller CMnfBangor
Buyers: Danlal Tandy and Sleleni Beady
Sereemhar23, 1988
The following items shall be prorated as of the data of closing: NONE
The security deposit in the amount of $1,000 shall be transferred to the Buyers at
closing.
3. POSSESSION: Seller shall deliver to Buyers possession of said premises
immediately upon transfer, free of all tenants and occupants, and without incurring rent
or fees. The premises shall be than in substantially the same condition as at present.
Buyers shall have the option to inspect the property prior to closing. The risk of loss or
damage to said premises until closing is upon the Seller.
4. DEFAULT: If the Buyers fail to make any payments or to perform any of the
agreements on their part made or entered into, this Contract shall, at the option of the
Seller be terminated, and the Buyers shall forfeit said earnest money deposit as
liquidated damages or Seller may enforce all legal and equitable remedies.
S. BUYER'S CONDITIONS: Following are conditions to the Buyers' obligation to
acquire the Property:
A. Seller shall have until 5:00 pm on October 1, 1998 to accept the offer; R Me
Seller has not accepted the offer by such time, said deposit shall be returned
promptly to the Buyers. Epstein Commercial Real Estate will hold said deposit
and act as escrow agent until Me closing.
B. The Buyers' obligation hereunder is subject to and conditioned upon the Buyers
receiving a Land Development Permit and Site Plan approval from the City of
Bangor on or before November 30, 1998. If the Buyers do not receive said
Permits by November 30, 1998, then the Buyers may terminate this Agreement,
the deposit shall be returned to the Buyers and both parties shall be released
from their respective obligation hereunder. R the Buyersdo not so elect to
terminate this Agreement by notice in writing to Seller by November 30, 1998,
then this condition shall be dammed to have been satisfied.
C. The Buyersobligation hereunder is subject to and conditioned upon the Buyers'
environmental evaluation of the Premises no later than 30 days from the date of
the full execution of this contract, which evaluation shall indicate that there are
no significant environmental defects with the property. Said evaluation shall be
at the Buys& sole cost and expense. If said evaluation shall indicate significant
environmental defects wRh the property, then the Buyers may terminate this
Agreement, the deposit shall be returned to the Buyers and both parties shall be
released from their respective obligation hereunder. If the Buyers do not so elect
to terminate this Agreement by notice in writing to Seller before the expiration of
DATE'. SELLERS) INITALS: BUYER(S) INITIALS:_
Page 2 of 4
Coned For Sale of Real Es m e
Seller. City ofBangor
Buyers: Daniel Tandy and Stefndi Berkey
Seprem6er23, 1998
said 30 day period, then this condition shall be deemed to have been satisfied.
6. OTHER CONDITIONS:
A. Site work and building improvements shall commence within one(1)year of
the data of closing. Sufficient evidence of proceeding with the"building
improvements" is an approved Land Development Permit, issuance of a
Building Construction Permit and initiation of construction of the building.
B. Site work and building improvements shall be completed within two (2) years
of the date of closing.
C. The building shall have a gross floor area of not less than 6,000 sq. ft.
D. The area within the from setback must be landscaped and planted with trees
and shrubs as follows: plant units per 100 ft.: one (1) shrub, one (1)
evergreen tree, and one (1) deciduous free.
7. AUTHORITY: The Buyers and Seller each warrant and represent that the
undersigned has full power and authority to execute and deliver this contract and to
perform the obligations.
8. MEDIATION: Any dispute or claim arising out of or relating to this contract or the
property addressed in this contract shall be submitted to mediation in accordance with
the Maine Residential Real Estate Mediation Rules of the American Arbitration
Association. This clause shall survive the closing of this transaction.
9. AGENCY: The Buyers acknowledge that they have been informed by Epstein
Commercial Real Estate that Epstein Commercial Real Estate is acting solely as the
Seller's AGENT in this transaction and that Epstein Commercial Real Estate makes no
warranties of any kind regarding the condition, permitted use, or value of Sellers real or
personal property.
10. Seller Disclosure: The Buyers acknowledge that attached hereto and made a
part hereof is a copy of the Property Disclosure Statement for the Premises that was
provided to the Buyers prior to or during the preparation of this Contract. The Buyers
acknowledge that in entering into this tmnsacion they have not relied upon any
warranties or representations not set forth or incorporated in this Contact.
THIS CONTRACT is binding upon the parties hereto, and their respective heirs,
personal representatives, successors and assigns. If this CONTRACT is not fully
DATE' SELLER(S) INITIALS: BUYERS) INITIALS
Page 3 of 4
I
ContractFw
Sellleerr, Cttyo/Bwiengior or Real 9w
Buyers Nast Tantly wte rnberSaftani Berkey
September Z8, 1998
understood, the parties should consult an ATTORNEY. This Contract constdutes the
entire agreement between the parties hereto, there are no promises or verbal
understandings not clearly specified in f. The use of the singular includes the plural
and the use of any gender includes the other.
BY THEIR SIGNATURES HERETO RECEIPT OF A COPY OF THIS CONTRACT IS
ACKNOWLEDGED BY ALL PARTIES.
Buyers, having inspected the property and its appurtenances, hereby offer and agree to
purchase the property at the price and upon the terms and conditions set forth.
Dated this day of 1998 at Maine.
Daniel Tandy and Stefan! Berkey
(Witness)
CITY OF BANGOR
By:
(Witness) Edward A. Barrett
City Manager
DATE'. SELLER(S) INITIALS: BUYER(S) INITIALS:_
Page 4 of 4