HomeMy WebLinkAbout2008-01-28 08-079 ORDERItem No,
Date: ]nnvnry 28. 2008 08 079
Item/Subject: Order Authorizing the City Manager to Execute an Option Agreement
with Brewer Land Trust
Responsible Department Legal
Commentary: The City of Bangor is owner of a parcel of land In Brewer located on the
Brewer side of the former Bangor Dam. The Brewer Land Trust has expressed an
interest in acquiring the land from the City for use for trails, conservation, recreation
and educational purposes. The purchase price will be the assessed value, $65,000.
The deed will contain restrictions and Covenants limiting the use of the property to tail,
conservation, non-commercial recreation, conservation and educational purposes.
This Order will authorize the execution of the Option Agreement between the City and
the Brewer Land Trust.
The Finance Committee recommended approval by a 41 vote.
Managees Comments:
Deparonent lead
Associated Information: Ageeena
Budget Approval:
meErr r
Legal Approval:
_ Passage
_ First Reading Page _ of _
Referml
38 073
AzignW W courdlor Scone Jnnu+u 28, 2008
CITY OF BANGOR
(TITLE.) ORDER, Authorizing the City Manager to Execute an Option Agreement
with Brewer land Trust
BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT
WHEREAS, the City of Bangor is owner of certain land in Brewer located on the Brewer
side of the former Bangor Dam; and
WHEREAS, the Brewer land Trust has expressed an interest In acquiring the land for
use for trails, conservation, recreation and educational purposes; and
WHEREAS, It Is In the Interest of the CQy of Bangor to convey the land for such
purposes.
By the Oty Council of the City of Bangor:
ORDERED, that
The City Manager, Edward A. Barrett, is hereby authorized, on behalf of the CM of
Bangor, to execute an Option Agreement with the Brewer land Trust, a copy of which is
attached hereto.
IB CITY WMCIL
dmm" 28, zone i
mtioa !lade and Seconded for
Passage
Motion Doubted
Vote: l-1
Councilors Voting Yes: Blanchette,
Dlgrrlc, Farrington, 6iatuick. Bavea.
Stone and Yheeler
Councilors voting No: Palmer
Pesa
CO®TorAb
. sent: Greene
CITY CEBBA
iL -019
UFILBJ Auxhm'iaioe cBe Cin BaroKer xo
Execute an OPxiou Agreeveax vit4 Brewer
08 079
OPTION AGREEMENT
OPTION AGREEMENT made this_ day of 2008, by and
between CITY OF BANGOR, MAINE, a Maine municipal corporation with a place of
business at City Hall, 73 Hadow Street, Bangor, Penobscot County, Maine ('Optionor),
and BREWER LAND TRUST, a Maine non-profit corporation with a place of business at
35 Lorraine Avenue, Brewer, Penobscot County, Maine ("Opfionee").
i. PROPERTY. This Option pertains to the land, together with any
improvements thereon, located at Brewer, Penobscot County. Maine, owned by
Optionor and more fully described on attached Schedule A (hereinafter referred to as
the "Property).
2. OPTION. Inconsideration of the payment of the sum of One Dollar
($7.00) ('Option Money") paid by the Optlonee to Me Optiorror, the receipt of which is
hereby acknowledged by the Optionor, and also subject to the terms and conditions
hereinafter contained, Optionor hereby grams to the Optionee the exclusive option to
purchase the Property.
3. TERM OF OPTION. The Option shall commence upon execution of this
Option Agreement by both parties, and shall continue in effect until 5:00 p.m. on first
business day after expiration of six (6) months after the commencement of the option
term (the Expiration Date), at which time, all rights hemunder shall expire unless the
Option is exercised.
4. EXERCISE OF OPTION. Optionee may exercise the option by wnften
notice mailed or delivered to Optionor and postmarked, or delivered by other means, on
or before the Expiration Date.
5. FAILURE TO EXERCISE OPTION. If the Option is not exercised, then
the Option Money shall be retained by the Optiorwr as consideration for this option, and
this option shall raises s antl all obligations of the parties hereto to one another shall
cease and this option shall became null and void.
6. PURCHASE AND SALE AGREEMENT. If the Option is exercised in the
manner and within the periods prescribed In this Agreement, Optionor agrees to sell to
the Optionce the Property, and the Optionee agrees to purchase the Property, all in
accordance with and subject to the following terms and conditions:
(a) Purchase Price. The total purchase once forthe Property shall be
as follows:
(i) Purchase Price: $65,000.00
(it) The purchase price shall, subject to usual and customary
adjustments, shall be paid in cash or by certified or bank check at closing.
08 070
7. Conveyance. Against payment of the purchase price, Optionor shall on the date
of closing ("Closing Data") execute and deliver to the Options a Municipal Quitclaim
Deed conveying the Property to the Options, in fee simple with good and marketable
title thereto. Transfer of title to the Property shall be subject to state and local zoning,
subdivision, and all other federal, state and local land use statutes, regulations and
ordinances.
8. Title. Within ten (10) days after the exercise of the Option, the Optionor
shall deliver tg the Options or Optionee's attorney whatever evidence of title Optionor
has in its possession, and Optionee shall be responsible for satisfying herself as to the
status of the title. A copy of the proposed deed shall be delivered to the Optionee or
Optionee's attorney at least one (1) week prior to the Closing Date.
9. Closing. The closing shall take place within sixty (80) days after notice of
exercise of the option, ("Closing Data") at the offices of Rudman & Winchelh 84 Harlow
Street, Bangor, Maine, or at such other time or place as the parties may agree.
10. Prordtionsand Adjustments. Real estate taxes for the current year shall
be prorated between the Optionor and the Optionee as of the Closing Date.
11. Real Estate Transfer Tax. The Maine real estate transfer tax in the
amount required of the Optionor by law shall be paid by the Optionor and the Maine real
estate transfer tax in the amount required of the Optionee by law shall be paid by the
Options.
12. Possession. Possession of the Property shall be delivered to the
Optionee on the Closing Date upon consummation of the sale of the Property in
accordance with the terns of this Agreement.
13. Condition of Property. The Options agrees that the Optionor has not
made and does not make herein any representations or warranty as to the condition of
the Property that shall survive closing and the Options agrees with the Optionor that
the Optionee is relying solely upon the Optionee's own examination and investigation as
to any such conditions. The Optionee intends to use the option period to inspect the
Property and is responsible to become acquainted with the condition thereof and, If it
exercises this option, agrees to take the Property "as is" and in present condition,
subject to reasonable use, wear, tear and natural deterioration between the data hereof
and the Closing Date. The Optionee shall have the prtvilege, at Optionee's sole cost
and expense, after reasonable prier notice to the Optionor, to enter the Property at
reasonable times for the purpose of viewing the Property.
14. Restrictions and Covenants on Property. The Deed of Conveyance shall
include the fallowing:
a. The property shall be used for trail, conservation, non-commercial
recreation and educational purposes only.
U8 G7S
It. Optimree shall not seek to have the property rezoned for purposes of
development or other activities on the property Trot authorized by this
agreement.
c. No activity other than trails, conservation uses, noncommercial
recreation, and environmental and educational uses may be conducted on
the property. By way of example, not limitation, no commercial, industrial,
or residential activities or camping are permitted on the property.
15. NON -ASSIGNABILITY. This Agreement may not be assigned by the
Options to any penton or amity without the express prior written consent of the
Optionor.
16. MISCELLANEOUS.
(a) This Agreement shall inure to the benefit of and be binding upon the
parties hereto and their respective heirs, successors and assigns, subject however to
the provisions of paragraph 14, above.
(b) This Agreement constitutes the entire agreement between the parties and
supersedes all prior negotiations.
(c) This Agreement may be simultaneously executed in any number of
counterparts, each of which when so executed and delivered shall be an original; but
such mounter -parts shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement as a sealed
instrument on the day, month and year first above written.
WITNESSES: CITY OF BANGOR, MAINE
By:
By.____
Its
__________________
Hereunto duly aulhorizetl
Optionor
WITNESSES: BREWER LAND TRUST
By:
By: Timothy Brochu
Its President
Optlonee
08 0700
SCHEDULE
A lot or parcel of land, v4th any buildings or Improvements thereon, generally identified
as Lot 28 on Map 16 in the Tax Maps of the City of Brewer, Maine.
For Optionors source of title, reference may be made to the following source deeds:
i. A deed of Martha R. Winslow to City of Bangor dated March 16, 1877, and
recorded on March 20, 1877 in Volume 476, Page 23, in the Penobscot Registry of
Deeds.
2. A dead of Lucy Bun et al to City of Bangor dated March 2, 1877 and recorded on
March 20, 1877, In Volume 478, Page 28, In the Penobscot Registry of Deeds.
The property to be conveyed also includes, but is rot limited to, all right, title and
interest of the Optionor In real property contiguous to the foregoing within the City of
Brewer, including all interests in and to the dam structure, fishway, spillway and related
structures, to the mid -point of the Penobscot River, and all rights of Optionor to the
shorefront and to the intertidal zone between low and high titles of the Penobscot River
abutting the described parcel within the City of Brewer. By acceptance of the Deed the
Optlonee also agrees to accept all rights, responsibilities and obligations of ownership
of the property, including the dam structure, fishway and related structures.
All rights, Interests, easements and appurtenances in or related to the foregoing
property shall be conveyed.