HomeMy WebLinkAbout1996-12-23 97-66 ORDERCOINCIL ACTION
Date: December 23 1996
Item No. 91-66
It®/Subject: Authorizing Execution of Development Agreement With
Matthew S.Curtis and Cheryl D. Curtis -Cadillac Mountain
Sports
Responsible Department Community and Economic Development
Commentary: This order authorizes an agreement with Matthew and Cheryl Curtis,
owners of Cadillac Mountain Sports with stores currently in Bar Harbor and
Ellsworth. This agreement would provide a loan to the Curtises for the
acquisition of 6 Central Street, the former W.T. Grant building, for their
location of aw Cadillac Mountain Sports flagship store in downtown Bangor.
Funding for the 5350,000 loan would be through the City's Business Development
Loan Program which receives its funding from federal Community Development
Block Grant funds. The City's financing of the acquisition will allow the time
ceded by the Curtises to arrange financing to merge the Bangor, Ellsworth and
Bar Harbor operations and to establish the Bangor store. The City would hold
a first mortgage on the property, and, if for sreason retail store
specializing in the retail sale of sporting goodsisnot established by the
Curtises by July 1, 1998, the City has the option to acquire the property from
the Curtises for the amount of financing provided by the City.
De tment Hea
Manager's Comments:
City Manager
Associated Information:
Budget Approval:
Finance Director
Legal Approval:
City Solicitor
Introduced For ® Passage O First Reading ❑ Referral
Page—l_o£1_
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Anipred to Cowclw Woodcock Oeceaber 23, 1996
CITY OF BANGOR
crinu Authorizing Execution of Development Agreanent With Matthew S.
Curtis and Cheryl D. Curtis -Cadillac Mountain Sports
By fhs aty council Of W ata Of Dualistic.
ORDERED,
TEAT
WHEREAS, Matthew S. Curtis and Cheryl D. Curtis are desirous of acquiring an
approximate 55,000 square foot privately owned building located at 6
Central Street in the City of Bangor for the purpose of establishing and
operating a retail sales stare specializing in outdoor sporting equipment
and clothing; and
WHEREAS, the CITY has agreed to finance the purchase of the building by Matthew S.
Curtis and Cheryl D. Curtis for such purposes; and
WHEREAS, Matthew S. Count and Cheryl D. Curtis will invest approximately
$210,000 in privately raised foods in building improvements and $120,000
for bounce, fixtures, equipment and frmish nits associated with the
operation of a retail store; and
WHEREAS, Matthew S. Curtis and Cheryl D. Curtis will create a significant public
benefit by providing approximately 6 to 10 new permanent and 3 new
seasonal job opportunities, furthering downtown revitalization and
significantly enhancing lie tax base of the CITY;
NOW, THEREFORE, BE ff ORDERED, THAT, the City Manager is hereby authorized,
on behalf of the City of Bangor, to execute a Development Agreement, a copy of which is
on file in the office of the City Clerk with Matthew S. Cards and Cheryl D. Curtis,
providing for their purchase of 6 Central Street in Bangor and establishment of a retail
sales operation specializing in sporting goods at that location.
IN CITY COUNCIL
December 23, 1996
Supporters of this project,
including downtown merchants,
urged passage of this Order.
Passed Vote: 5 yes, 3 n
Councilors voting yea: Aube,
Dalaacci, Soucy, Tyler a
Woodcock
Councilors voting n
Blanchette, Loss, Sullivan
in CLM
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ORDER
Title, Authorising Execution of Development
Agreement With Matthew S. Curtis and Cheryl
D. Curtis - Cadillac Mountain Sport$
....... I ................... i .........
.............................
Assigned to
1 ,� ...........
Councilman
9I-66
DEVELOPMENT
AGREEMENT
This Agreement, made and entered into as of December_, 1996 by and between the City
of Bangor dremivafier'CITY" ), a municipal corporation located in Bangor, County of
Penobscot, State of Maine, and Matthew S. Curtis and Cheryl D. Curtis, husband and wide,
both of Bar Harbor, County of Hancock, State of Maim.
WITNESSETH:
WHEREAS, Matthew S. Curtis and Cheryl D. Curtis are desirous of acquiring an
approximate 55,000 square foot privately owned building located a 6 Central Strect in the City
of Bangor for the purpose of establishing and operating a retail sales store specializing in
outdoor sporting equipment and clothing; and
WHEREAS, the CITY has agreed to finance the purchase of the building by Mathew
S. Cutis and Cheryl D. Curtis for such purposes; and
WHEREAS, Mahhew S. Curtis and Cheryl D. Curtis will invest approximately
$210,000 in privately raised funds in building improvements and $120,000 for furniture,
futures, aryipmem and furnishings associated with the operation of a retail store; and
WHEREAS, Matthew S. Curtis and Cheryl D. Curtis will create a significant public
benefit by providing approximately 6 to 10 new permanent and 3 new seasonal job
opportunities, furthering downtown revitalization and significantly enbarcing the tax base of
the CITY;
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and coveneme
contained in this Agrceicent, the CITY and Mathew S. Curtis and Cheryl D. Curtis agree as
follows:
1.' Subject to the provisions of this Agreemem, CITY agrees to loan Matthew S.
Curtis and Cheryl D. Curtis funds not exceeding $250,000 for the purchase of
the property a 6 Central Street. Said feeds shall be loaned by the CITY to
Matthew S. Curtis and Cheryl D. Curtis under the following terms and
conditions:
A. The loan shall have an annual interest ate of 8.25% simple interest pa
year and a term of 20 yearn.
B. CITY will allow principal and interest payments on the loan to be
deferred to July 1, 1998. Interest on the outstanding balaace due shall
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aocme and be added m the owsmMing principal balance. The fast
mmaldy payment on the outstanding principal balance shall be due on
July 1, 1998, and monthly payments thereafter will be due on or before
the fast day of each moth. The monthly payments due will be in the
amoum necessary to sonnetize the full amount of the loan, including
principal and interest over 240 months, with a level monthly payment.
C. The loan shall be secured by a fust Mortgage on the real property erN
fixtures located at 6 Central Street, Bangor, Maine. During the period
of the loan, Matthew S. Carlos and Cheryl D. Curtis shall but allow any
other debe or obligation to be secured by the property at 6 Central Street
without the written permission of CITY, provided that Matthew S. Curtis
and Cheryl D. Curtis may allow the creation of security interests in
personal property and business inventory W be located on the premises.
2. Matthew S. Chris and Cheryl D. Curtis agree In establish, prior W July 1,
1998, a retail sales operation specializing in sporting goods at the 6 Central
Street property and to occupy and operate the mean sales operation on not less
Wan the first floor (Central Street level), and either one other floor or the
mezzanine area of 6 Central Steel. Matthew S. Curtis and Cheryl D. Curtis
agree W employ between 6 W 10 new personator and 3 new seasonal people at
their retail sales operation at 6 Central Seem within 3 years of the date of this
Agreement.
3. In the event Matthew S. Curtis and Cheryl D. Curtis fail to comply with
patagrapR2 above, Matthew S. Curds and Cheryl D. Curtis shall be in default
of Was Agreement. At the time they acquire tide W the property at 6 Central
Street, Matthew S. Cutis she Cheryl D. Curtis shall provide the CITY with a
written option, in recordable form, granting the CITY the right W purchase 6
Central Street from Matthew S. Curtis real Cheryl D. Curds in exchange for the
discharge of all loan obligations due the CITY by Matthew S. Curtis anal Cheryl
D. Curtis relating an the MY's Mortgage on the property, which shall he full
consideration for the purchase. Said option shall provide that it shad be
effective upon Matthew S. Curtis and Cheryl D. Curtis' failure W establish a
retail sales operation at the 6 Central Street property as required in paragraph 2
above, Lc by July 1, 1998, and shall remain in effect for a period of ninety (90)
days thereafter, nal sball furrhm provide that any failure by the CRY to
exercise such option shall not in say, mamter be deemed W consulate a
compromise, satisfaction or farebeamnce wide respect W Matthew S. Curtis and
Cheryl D. Curtis' obligations uMer the Mortgage W be given W the CITY
pursuant W this Development Agreement.
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4. Subject to the provisions of paragraph 2 above, Matthew S. Curtis and Cheryl
D. Curtis agree m use the property for uses permitted by the Laws and
Onbravaces of the City of Bangor add for no udder purpose without the written
permission of CITY.
5. Matthew S. Curtis add Cheryl D. Curtis agree to invest not less that $210,000
in building improvements at 6 Central Street prior to July 1, 1998, bsludiag
such sums as are necessary to bring the property into compliance with all
requirements of the City's Orctimvices, including the MY's 'Bangor Center
Revitalization Area Ordinance", Chapter XIV of the Laws add Ordinarces of the
City of Banger.
6. Matthew S. Curtis and Cheryl D. Curtis agree that all building improvemems
undertaken by Matthew S. Curtis and Cheryl D. Curtis will be in accordance
wit plans approved by CITY and shall be in accordance wild all applicable
Federal, State, add City laws, ruddiness, and building codes.
7. Matthew S. Curtis and Cheryl D. Curds agree to invest rot less that $120,000
in furniture, futures and equipmem located at 6 Central Street prior to July 1,
1998, to support their operation of a retail sales facility.
8. Matthew S. Curtis and Cheryl D. Curtis hereby aclmowledge that the CITY, in
agreeing to provide assistance to Mahhew S. Curtis add Cheryl D. Curtis, has
relied in material part upon the assured establishment add operation of the remit
sales operation by Matthew S. Curtis and Cheryl D. Curtis in Banger, Maine as
provided in the parties' recitals and paragraph 2 hereof, and Matthew S. Curtis
and Cheryl D. Curtis agree m use their best efforts to establish such operation
no later than July 1, 1998.
9. M Matthew S. Curds and Cheryl D. Curtis' election, Matthew S. Curtis and
Cheryl D. Curtis may temnnate this Agreement at arty time prior to July 1,
1998 add in such event Matthew S. Curtis and Cheryl D. Curtis, upon fail
payn of of all amounts secured by the Mortgage to be given tu the CITY
pursuant to this Agreenrm, shall he released from their obligations under this
Agreemem. At the MY's discretion, any termination of this Agreement by
Matthew S. Curtis and Cheryl D. Curtis, other than for breach of this
Agreement by the CITY, shall operate as an acceleration of all sums secured by
the Mortgage to be given to the CITY hereunder.
10. Matthew S. Curtis add Cheryl D. Curtis agree that any duly authorized
representative of the CITY shall, at all reasonable times, have access to 6
Central Street.
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11. Any notice which either party desires or is required to give to the other in
connection with this Agreement shall be in writing and shall be sent postage
prepaid, certified mail, return receipt requested, as follows:
If m CITY: City Manager
City of Bangor
73 Harlow Street
Bangor, Mahle 04401
If to Matthew S. Curtis and Cheryl D. Curtis:
MaMew S. Curtis and Cheryl D. Curs
c/o Cadillac Mountain Sports
26 College Sreet
Bar Harbor, Maine 04609
Or m such other person and/or address as may be identified ha writing by the
Parties.
12. This Agreement represents the entire Agreement of the parties hereto and
supersedes all prior negotiations, representations, or agreements, written or
oral, all of which are deemed merged herein. This Agreemem may not be
amended except in writing signed by CITY and Matthew S. Curtis and Cheryl
D. Curtis.
13. Matthew S. Clubs and Cheryl D. Curs shall not assign their rights under this
Agreement without the prior written consent of CITY, which consent shall not
be unreasonably withheld, delayed or conditioned.
14. Matthew S. Curs and Cheryl D. Curs agree for themselves and for their
successors and assigns that with respect to the building at 6 Central Street,
Matthew S. Curtis and Cheryl D. Curtis and their successors and assigns shall
nes discriminate upon the basis of race, color, creed, national origin, sex or
physical handicap or in any other manner prohibited by law in the sale, lease,
ental, use or occupancy of the said 6 Cenral Sheet or any improvements
thereon. This obligation shall be deemed to survive acquisition of the property
at 6 Central Street by Matthew S. Curtis and Cheryl D. Curtis, and shall be
included as a provision of the Mortgage to be given to the CITY hereunder.
Any breach of this obligation by MaMew S. Curtis and Cheryl D. Curs shall
be deemed a breach of this Agreement and shall be grounds for default and
foreclosure of the Mortgage to be given to the CITY hereunder.
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15. It is intended by the parties that this Agreement shall operate as a construct under
seal, in accormut a with 14 MRSA §]51.
IN WITNESS WHEREOF this Agreement has been executed, sealed and delivered N
duplicate counterparts as of the day and year first above written.
Witness
Witness
Witress
Approved as to form:
Erik M. Stuar , City Solicitor
City of Bangor
Date:
Matthew S. Curtis and Cheryl D. Curtis
Matthew S. Curtis
Cheryl D. Curtis
CITY OF BANGOR
By
Edward A. Barrett
Its City Manger
STATE OF MAINE
December_, loan
Then personally appeared the above-named Matthew S. Curtis and Cheryl D. Curtis
and acknowledged the foregoing instrument to be their free act and deed.
Before note,
primed Name:
Notary Public/Adomey at "w
My Commission Expires
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STATE OF MAINE
Penobscot, as December _, 1996
Then personally appeared the above-named Edward A. Barren, in his capacity as the
City Manager of the City of Bangor, and acknowledged the foregoing monument to be his free
net and deed in such capacity arsl the free act and deed of the City of Bangor.
Before me,
PrintM Name:
Notary Public/Attorney at Caw
My Commission Expires
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