Loading...
HomeMy WebLinkAbout1992-10-26 92-492 ORDERCOUNCIL ACTION Item No. 92-492 Date October 26, 1992 Item/Subject: Authorising City Airport Director to Exercise Option to Purchase 12.7E Acres of Land Responsible Department: Legal This item would authorize the City Airport Director to exeraise an option under a agreement with Charles W. Sprague, Sr. to acquire 13+ acres of land off the back and of Mr. Sprague's Downing Road Property, Tax map R-5, Lot 7. it is contemplated that the additional land, when acquired, will be leased to the Maine Air National Guard in exchange for fire protective and other services to BIA under a joint use agreement, currently being negotiated. A copy of the original Option Agreement, approved by the City Council on January 13, 1992, is attached. Associated Information: Order, Option Agreement Budget Approval: Legal Approval: Finance Director solicitor Introduced For Passage First Reading Referral Page 1 of 8 92-492 A ipmA to Councflo, Saxl October 26, 1992 CITY OF BANGOR (TITLE) Aprbert _, _ Authorizing CiI 11 ty Airport Director to Exercise Option to purchase 12.78 Acres of Land By W Civ Coaam7 of W Civ OfBasysr: ORDERS% THAT the City Airport Director is hereby authorized to take all steps necessary to exercise a certain option and to acquire a 13+ acre parcel of land for addition to Bangor International Airport as provided in a "Real Estate Option Agreement" between the City of Bangor and Charles W. Sprague, Jr., dated December 19, 1991. The Airport Director is further authorized to acquire less than the full 13± acres described in said Option Agreement, if agreed to by the parties and if consistent with the needs of the Airport.. IN CITY COUNCIL October 26, 2992 P ed CIT ER% 92-692 O RN ER Title, Au[hoilzivg City. Alrpart USrectoi co Exercise Option to Purchase 12.]8 Acres of Lend .............................. G. eta REAL ESTATE OPTION AGREEMENT CHARLES W. SPRAGUE, JR., of 1702 Union Street, Bangor, Penobscot County, Maine (hereinafter "OPTIONOR"), in consideration of Fifteen Thousand Dollars ($15,000.00), the receipt of which is hereby acknowledged, hereby grants to the CITY OF BANGOR, a municipal corporation organized and existing under the laws of the State of Maine and having a principal place of business at Bangor, Penobscot County, Maine (hereinafter "BANGOR") an option to purchase, upon the terms and conditions set forth below, the following described property of the OPTIONOR located in Bangor, Penobscot County, Maine: PROPERTY[ A parcel of 13 acres, more or less, to be surveyed, consisting of a rectangular lot approximately 1712 feet by 330 feet o££ the southwesterly end of OPTIONOR'S property described in Volume 1496, Page 93, Penobscot Registry of Deeds, and lying northwesterly of and adjacent to land of BANGOR described in Volume 4866, Page 76, Penobscot Registry of Deeds, previously purchased from the OPTIONOR. The parcel to be conveyed is further depicted an a sketch attached to this Agreement as "Exhibit A". TERNS: This Option is granted subject to the following terms and conditions: 1. 0 D[i0n Period. Unless sooner exercised by BANGOR, this Option shall expire on Sanuary 1, 1995. 2. Exercise of Option. BANGOR or its successors Or assigns may exercise the option herein granted by giving written notice of its intent to exercise to the OPTIONOR, his successors, heirs or assigns on or prior to December 31, 1994. Such notice shall be effective if delivered to the OPTIONOR at the OPTIONOR's address stated above. Thereafter, the parties shall schedule a closing at a mutually convenient date, which may be after expiration of the option period. If a date for closing cannot be mutually agreed upon, a closing shall take place sixty (60) days from the date of delivery of BANGOR's notice to the OPTIONOR, or on the first business day after such date. 3. Purchase Price. The purchase price for land subject to this Option shall be Ten Thousand Seven Hundred Dollars ($10,700.00) per acre of land actually conveyed, to be paid by BANGOR t0 the OPTIONOR in Cash at closing. 4. Option be Credited t h At closing, BANGOR shall receive credit against the purchase price for the land conveyed in the amount of $15,000.00 representing the option price paid for the option granted herein. Except as provided in Paragraph 10 below, the option price paid shall otherwise be non-refundable. 92-692 -2- 5. Tvoe of C Conveyance shall be by warranty deed to BANGOR from OPTIONOR. BANGOR shall prepare all necessary deeds, following survey, subject to approval by OPTIONOR's attorney. 6. .5urvev. Prior to closing, BANGOR shall, at its sole expense, survey the premises and mark the corners of the land to be conveyed. BANGOR shall have the right to enter onto the premises at a convenient time or times for this purpose. ]. variation in Acreage. Prior to closing on the option premises, the parties may agree to a conveyance of more or less acreage than provided herein. In such event, said conveyance shall be subject to the terms and conditions of this Agreement. If the parties fall to specify a different acreage, the parcel to be conveyed following an exercise of the option granted herein shall be the thirteen (13) acre parcel described above. B. Adjustment of Purchase Price. Upon exercise of this Option, BANGOR may, in its sole discretion, elect to have the option parcel or other parcel to be conveyed appraised by a qualified appraiser of BANGOR's selection. Upon appraisal, BANGOR may, in its sole discretion, adjust the purchase price for the option parcel or other parcel to be conveyed upward to reflect the appraised market value of such parcel at the time of closing. The purpose of his paragraph being to permit BANGOR, in its sole discretion, to take such steps as may be necessary to satisfy regulatory requirements of the United States of America and the Federal Aviation Administration relating to acquisition of real property with Federal funds. 9. Taxes. OPTIONOR shall he responsible to pay all taxes and assessments duly assessed on the option parcel by any governmental authority through the date of closing on any land conveyed pursuant to this Option Agreement. Prepaid taxes as to land actually conveyed shall be prorated between SELLER and BANGOR as of the date of closing. 10. Hazardous Wastes. At closing, OPTIONOR shall supply an affidavit to BANGOR detailing OPTIONOR's knowledge of the extent of hazardous wastes on the premises to be conveyed. 'Hazardous wastes" shall consist of any material defined as hazardous wastes under any Federal or State law. In the event BANGOR's pre-closing survey or OPTIONOR's affidavit shall indicate the presence of hazardous wastes on the premises, BANGOR shall have the right in its sole discretion to void this Agreement without payment of the purchase price and without further obligation to OPTIONOR. In such event, BANGOR Shall be entitled to a refund of the option price. -3- 11. Damage Claims. OPTIONOR hereby agrees that OPTIONOR's acceptance of the purchase price at closing shall constitute a full and final release of any and all claims of the OPTIONOR for damages _ on account of severance, or on account of activities of BANGOR, its surveyors, agents or anyone acting in BANGOR'S behalf, in or about the premises prior to the date of closing, such release to include claims for trespass, damage to standing timber or realty, personal or other injury, governmental limitation on OPTIONOR's use of the premises, damage to adjoining premises of the OPTIONOR, or any other related claim or cause. OPTIONOR agrees to execute and - deliver at closing any necessary releases in this regard. 12. Certificate to Issue. BANGOR agrees to execute and deliver to the SELLER at closing a certificate that SELLER's sale of the premises is made in lieu of and under threat of condemnation by the City of Bangor, as a local municipal government acting in its governmental capacity. BANGOR further agrees to supply such additional written evidence as may be necessary to satisfy the United States Internal Revenue Service in this regard. 13. 0 N t t C Permanent Improvements. During the option period, OPTIONOR shall not erect or construct any buildings or other permanent improvements of any kind upon the option parcel) and if the OPTIONOR shall construct any such buildings or improvements, BANGOR may enter onto the option parcel for the purpose of removing the same. In the event of an exercise of eminent domain by BANGOR or other governmental authority with respect to the option parcel or any portion thereof, or upon closing with respect to any portion of the option parcel conveyed to BANGOR in accordance with this Option Agreement, OPTIONOR shall make no claim for compensation or damages on account of the taking, acquisition, demolition or removal of improvements erected or constructed on the option parcel in violation of this clause. 14. Optioncr Not to Commit Waste. During the option period, OPTIONOR shall not commit, suffer or permit any waste or destruction of the option parcel. Provided, however, that haying, agricultural use, and selective -cut harvesting of timber and firewood now standing on the option parcel shall not constitute waste under this paragraph. The phrase "selective -cut harvesting" shall be deemed to permit the cutting of any standing tree with a diameter of five inches (5") or greater, as measured at a point four (4) feet above ground level. All other timber now standing upon the option premises shall be left intact. Accidental destruction by fire, flood or other event beyond OPTIONOR'S control also shall not constitute waste under this paragraph. OPTIONOR shall also keep the option parcel free of junked or abandoned automobiles, slash, or ether junk or debris during the option period. It being the intention of this Agreement that the option parcel shall remain as nearly as possible in its present condition during the option period. -4- 15. o tionor Not t0 COnveV Or EnCumber Title. During the option periotl, OPTIONOR shall not voluntarily convey, mortgage or otherwise encumber the option parcel or any portion thereof, without BANGOR'S prior written consent. 16. 0tion B' d'n on OPotionor's Successors The Option granted under this paragraph shall be binding upon the OPTIONOR, his successors, heirs and assigns. 17. Aae ts. The parties hereby mutually represent that neither has employed a real estate agent or broker to obtain this Option Agreement. OPTIONOR and BANGOR have each employed separate legal counsel with respect to this sale. 18. Ratification ReOuired. This Agreement is executed by BANGOR's undersigned Acting City Solicitor as a negotiating agent only, and shall be deemed binding only upon ratification by the Bangor City Council or the responsible Committee thereof. WITNESS the following signatures and seals this MA day of December, 1991. CHARLES W. SP U8, VJK. CITY OF BANGOR By �I Titlei S 1' 'tor STATE OF MAINE Penobscot, as. December /�% , 1991 Then personally appeared the above-named CHARLES W. SPRAGUE, JR., and acknowledged the foregoing instrument to be his free act and deed. Before me, �JJg_lI Notary P:Name: amePrinted Name: 6JY.... ._ -5- Penobscot, as. — STATE OF SAM December /9 , 1991 Then personally appeared the above-named ERI% M. STOMPFEL, In his capacity as Acting City Solicitor, and acknowledged the foregoing instrument to be his free act and deed in his said capacity, and the free act and deed of said body corporate. Before me, Notary PublicAAttev Printed Name: rarles W. SPregue,Jr. OPTION PARCEL 13 acres m/i I City of I Per Vol. p