HomeMy WebLinkAbout2005-03-28 05-117 ORDERIteral MO. os_nT
Date: Marcia 28. 2005
Item/Subject ORDER, Authorizing the Sale of lot 7 in the BanAir Industrial Park to Hardy
Associates, Inc.
Responsible Department: Community &. Bconomic Development
Commentary:
Hardy Attention, Inc has made an offer to purchase Int 7 in Me BanAir Industrial Park fm$40,800. Hardy Associates, Inc.
without to normal a 12,800 of ft. building which will be put n me market in rent.
Lot 7is2.04 acres with 301 R. offromigne on BanAir Road We estimate that 28% of Me lot is designated as wetlands leaving
about 148 scar as developable land. Omdevelopmemguidelina suggest a minimum initial deveespmen[of 16% mount
developable lot am, ora 10,350 sq, ft. building be wnatructed. Tha proposed building, 12,000 in, an, emods the minimum
initial development gufdehnes
The lot has ben otkrctl fm sale at a priceof549,700. However, consideringtbe amount ofwNlands ShMing the lot, theo(fer
is appropriYe. The City of Impose, not «prettmM by areal patent broker in this mutation,
The Beard of famous ofthe Bere Coryomtion and smRrecomm sid Mat a parcel of land be sold m Hardy Nsecimn, Inc.
under the following terms and conditions:
The Buyer shall haw reviewed and be satisfied win all coning, land use and environmental laws, codes,
ordinances and regulations affecting the property.
b. The Buyer shall piano all noting, subdivision and avironmennl permits and approvals and any other
Site work and building improvements shall commence within one (1) year. Sufficient evidence of proceeding
with tM alta work and building improvement; is an approved Isnd Development Paying, issuance of Building
Consumption Permit and initiation of constructed of the building.
it Site work and building improvemnu ,bull be completed within 1"(2) years.
The building shall have a gram Boor area of not las than 10,350 au ft
C The area within he front snuck must be landscaped and planned with trees and shmbe as follows: plant units
pct 100 ft.: one (1) shnb, one (1) evagan tleq and one (1) deciduous het.
It The Buyer open 0limit any applindon for a Wetlands Alcemtum Permit for has 7 to less Man 300 if B. fm
Department Head
Manager's CanmeMs:
Recommend approval.
U �yCi„yty�Manager
Associated Information:
Budge Approval: ,n ,_moo
�-k�f Finance Director
Legal Approval:
X passage
_ First Reading page _ of
Referral
05-117
Assigned m Councilor Allen March 26. 2005.
M.V*
CITY OF BANGOR
(TITLE.) Order, Authorizing the Sale of Lm 7 in the BenAir Industrial Park to Hardy
Associates, Ina
WHEREAS, the City of Bangerowns land in the Renoir Industrial Park, Hammond Street,
Bangor, Maim; sued
WHEREAS, Hardy Associmes Inc. hes offered to purchase Lot 7 in the Ben kir Industrial Park
to construct a commercial building; and
WHEREAS, the Ban Air Corporation Bound of Directors recommends Net this pumhau offer be
accepted;
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF
BANGOR THAT the City Manager is hereby authorized, on behalf of me City of Bangor, to
execute a Contract For Sale of Real Estate and my other related documents with Hardy
Associates, Inc, for Lot 7 in the BanAir Industrial Park in a form approved by the City Solicitor
or Assisront City Solicitor and containing the following terms and conditions:
a. The Buyer shall have reviewed and be satisfied with all zoning, lend use and
environmental laws, cedes, ordinances and regulations affecting the property.
b. The Buyer shall obtain all zoning, subdivision and environmenW permits ared
approvals and any other applicable permit or approval as may but necessary for the
Buyer's proposed use and development of the property prior en the Closing.
e Site work and building improvements shall commerce within me (1) year.
Sufficient evidence of proceeding with the site work and building improvements is
an approved Land Development Permit, issuance of a Building Construction permit
and initiation ofconstrueumn of the building,
d. Site work end building improvements shall be completed within two (2) years.
e. The building shall have a gross Poor man of net less than 10,350 sq, ft.
f. The ares within the front seNaak must be landscaped and planted with trees and
shrubs as follows: plant units par IM tt.: one (1) shrub, one (1) evergreen tree, and
me(1)decidmustree.
g. The Buys agrms to limit any application for a Wetlands Alteration Permit for Lot?
to less than 300 sq. ft, for one (1) year from the date of closing.
I9 CItC COMCIL
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Amigned b Councilor 601.0 tI
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QUITCLAIM DEED WITH COVENANT
The CITY OF BANGOR, a municipal corporation organized and existing under
and by virtue of the laws of the State of Maine (hereinafter Grantor), for consideration
paid and in consideration of the Grantee's undertakings and covenants as hereinafter
set forth, grants to HARDY ASSOCIATES, INC., of Hampden, Penobscot County,
Maine (hereinafter Grantee), with Quitclaim Covenant the land in Bangor, Penobscot
County, Maine, more particularly described as follows:
Lot No. 7 in Bal Industrial Park, so-called, as depicted in a plan dated
June 17, 1997, titled "Final Subdivision Plan, Berl Industrial Park- Phase
Y and recorded in File No. 199748, Penobscot County Registry of Deeds.
Said Lot No..7 containing 2.062 acres, more or less. Said lot and plan being
a revision of a plan dated October 20, 1993, tided "Final Subdivision Plan of
BznAn Industrial Park - Phase I Revision" and recorded in File No. D28-94,
Penobscot County Registry of Deeds.
Said lots being a portion of the land conveyed by the United States of
America to the City of Bangor by a Quitclaim Deed dated December 13, 1978
and recorded in Bock 2940, Page 172, Penobscot Registry of Deeds, and
being a portion of the same land further released by the United States of
America to the City of Bangor by a Deed of Release dated October 25, 1988
and recorded in Book 4568, Page 188, Penobscot Registry of Deeds, to
which instruments reference may be had as the Grantors source of ti le.
Reference may also be had to a comective deed of release from the United
States of America to the City of Bangor dated July 29, 1997 recorded in said
Registry of Deeds in Book 6454, Page 305.
EXCEPTING AND RESERVING to the Grantor, in its municipal capacity; from
the above-described Lot No. 7 fee Ube to all adjacent streets, together with a
restrictive drainage and utility easement lying generally on the eastern and
northern sides of Lot No. 7 as depicted in said "Final Subdivision Plan of
Earl Industrial Park - Phase 2" recorded in Penobscot County Registry of
Deeds Map File 1997-48.
The easement herein retained shall include the right to enter upon a 30' strip
on the easterly side of Lot 7 and upon a 15' step in the mrihedy side of Lot 7
and upon adjacent land of the Grantee with personnel, vehicles and
equipment at all reasonable times for the purpose of constructing,
reconstruction, repairing, maintaining or replacing the drainage and utility way
within said 30' and 15'strips
The Grantee agrees for itself, its successors, and assigns, that no trees,
shrubs or permanent structures will be planted or constructed within the
easement areas as described above, but Grantee otherwise retains the use
and enjoyment of its property.
os=u7
Haro Assoclafeslnc.
Ovifciabn Dead Wis Govenent
The Grantor further retains the right to trim, clear, cd or remove any and all
trees, brush, or other vegetation Planted or naturally growing, and to remove
without payment of damages or other compensation, any building or structure
now or hereafter located within the 30' and 15' skips herein described, as
necessary for the purposes stated herein. Provided that the Grantor,
following each entry under this easement, shall take all reasonable action
necessary to restore any paved or natural surfaces disturbed by Grantors
entry, by repaving, looming, reseeding, etc.; and also provided that the
Grantor, in constructing, reconstructing, repairing, maintaining or replacing its
drainage and utility way, shall conduct its operation in such a manner as to
minimize interference with me Grantee's ongoing commercial use of said Lot
No. 7 outside the easement area.
Grantor shall also have the right, within the easement area, to coiled, flow or
cause to be flowed, on the surface or under the surface by means of a storm
drain or drains hereafter constructed, all naturally occumng surface water,
including storm water and stomr water mrroH, from said Lot No. 7 and from
other lots within the Bar it Industrial Park or other properties lying adjacent
thereto, whether or not owned by the Grantor.
FURTHER EXCEPTING AND RESERVING to the City of Bangor from the.
above-described lot an aviation easement and appurtenant rights and
resmctions in all respects and for all purposes identical to the aviation
easement and appurtenant rights and restrictions reserved by the United
States of America in its Deed of Release recorded in Volume 4568, Page
188, Penobscot Registry of Deeds.
By his acceptanceand recording of this deed, the Grantee hereby covenants and
undertakes for himself, his successors, heirs and assigns, to construct or cause to be
constructed upon said land herein conveyed a 10,350 square foot or larger commercial
building in accordance with the conditions hereinafter set forth:
1. General Requirements. All improvements shall comply in every respect with
all applicable laws and ordinances of the United States, the State of Maine, and the City
of Bangor, including zoning restrictions, landscaping, and site development standards
under applicable City of Bangor ordinances.
2. Proceetling with Work. Upon Grantees acceptance of a dead conveying
good and merchantable to said Lot No. 7, the Grantee shall, as soon as practicable,
commence and thereafter diligently proceed with the site work and construction of the
Wilding improvements. In all cases, work shall commence within one (1) year from the
date of transfer of the to said Lot No. 7 tram the Grantor to the Grantee. However,
nothing in this paragraph shall be deemed to ertend any construction area date
constHuling a condition of any site plan approval granted by the City of Bangor Planning.
Board in accordance with the Grantors Land Development Code.
Page 2 9 5
Herdt' Ase"WR
Ouedahn Used wen covenant
3. Completion of Work. All improvements shall be completed within two (2)
years from the date of transfer of @le, unless such completion is rendered impossible,
or work upon the proposed improvements would impose a groat hardship upon the
Grantee due to strike, fire, national emergency, natural disaster, or other supervening
force beyond the control of Grantee. However, nothing in this paragraph shall be
deemed to extend any construction completion date constituting a condition of any she
- plan approval granted by the City of Bangor Planning Boats in accordance with the
Grantofa Land Development Code..
4. Size of Bu'Idinc. The Grantee will construct a building Win a gross floor area
Of at least 10.350 sq. ft.
5. Landscaping. The area of the lot between any street and any front yard
minimum setback line as established in the City of Bongoes Land Development Code
shall be landscaped with an attractive combination of trees, shrubs, and other ground
cover. After completion, such landscaping as is required shall be maintained in a sightly
and well -kept condition.
B. Additional Landsczdino. In addition to any requirements under the City of
Bangors Land Development Code, all structures fronting on a public street shall include
landscaping within the front yard setback area consisting of the following plant units per
100': one (1) shrub, one (1) evergreen tree, and one (1) deciduous tree. -
7. Wetlands Alteration. The Grantee agrees to limit any application fora
Wetlands Alteration Penmil for Lot 7 to less than 3W sq. ft, for a period of one (1) year
from the data of closing. -
S. Time Extensions. Upon written request made to and received by the City of
Bangor prior to the expiation of any applicable deadline, the Bangor City Councll, in its
sole discretion, may extend the deadline concerned.
9. Certificate of Completion. Promptly following completion of construction of
the building improvements undertaken by the Grantee, the Grantor shall furnish the
Grantee with a Certificate of Completion, in recordable form, certifying that the Grantee
or his successors, heirs or assigns have completed the required improvements in
compliance with these Construction and Development Standards. The Certificate of
Completion, upon recording, shall discharge the Grantee, his successors, heirs and
assigns, from any claims of the Grantor to reversion of tithe, breach of covenant, or other
claims arising out of Grantee's original undertaking to construct the building
improvements described herein.
10.G10.Gri Remedies upon Grantee's Default. Gamee'scovenantand
undertakings to construct building improvements upon the land as set out herein are an
essential consideration to Grantors conveyance of said Lot No. 7 to the Grantee.
Therefore, should the Grantee, his successors, heir3'br assigns, fail to commence or
complete construction of the required building improvements in accordance with these
Pape 3 of 5
05-[17
HamyAssociseslnc.
Qutttlaim Deed WHh Covenant
conditions and within the times stated herein or within such extended times as may be
approved by the Bangor City Council, and should such default remain uncured for a
period of 90 days following Grantors written notice and demand to cure served upon the
Grantee, his successors, heirs or assigns, the Grantor may revoke its original
conveyance and shall be entitled to a reversion of title to said Lot No. 7, upon
appropriate action filed in the Penobscot County Superior Court.. Provided, however,
that in the event Grantor shall seek and obtain judgment effecting a reversion of title to
said Lot No. 7 to the Grantor, the Grantor shall refund to the Grantee, his successors,
heirs or assigns, without Interest, the full amount of the purchase price paid by the
Grantee, less any costs incurred by the Grantor to restore said Lot No. 7 as neatly as
practicable to its original condition existing at the tlme of this conveyance, and less any
diminution in market value of said Lot No. 7 resulting from Grantee's occupancy thereof,
and less the amount of a fair market rent, equal to ten percent (10%) of the original
purchase price for each year the Grantee, his successors, heirs and assigns shall have
occupied said Lot No. 7 prior to the date of such reversion, with a pro -rata amount to be
paid for any fractional year.
11. Enforcement Should the Grantee, his successors, heirs or assigns, complete
construction of the required building improvements but fail to make or maintain
landscaping improvements required under the City of Bangers Land Development Code
or these cenditions, the Grantor, in addition to any remedies provided by its ordinances,
shall be entitled to specifically enforce the requirements concerned, by an appropriate
action filed in any Maine court. _
12.01biications. The Grantee joins in this instrument for the purpose of
acknowledging his obligations and undertaking to construct building and landscaping
improvements on the land as set out above.
IN WITNESS WHEREOF, the said CITY OF BANGOR has caused this
instrument to be sealed with its corporate seal, and signed in its corporate name by
EDWARD A. BARRETT, its City Manager, thereunto duly authorized, this 4v' day of
May, 2005. ' -
Page 4 of 5
HardyAsaociatealnc.
2uftialm Geed Wtth Covenant
Signed, Sealed and Delivered CITY OF BANGOR
in the Presence of
Whness EtlwaM A. Barretl, Coy inger
vvV STATE OF MAINE
PENOBSCOT, as. May �L, 2005
Then personally appeared the above-named EDWARD A. BARRETT,-City
Manager of the City of Bangor, 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,
vry4aubfiovfl�4or ,al"L. u
amen SOHN H#M�e,eSb.
GRANTEE'SACCEPTANCE
HARDY ASSOCIATES, INC., as Grantee, hereby accepts the above deed subject to
the terns, conditions, covenants, and undertakings set out therain. o
C1f (Bv� '""
Witne s David M. Hardy
Treasurer
STATE OF MAINE
PENOBSCOT, as. Mayl, 2005
Then personally appeared the above-named David M. Hardy, and acknoWedged
the foregoing instrument to be his free act and deed.
Befor a,
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Pri ame: 'Sa m N, . a w- .� sq
Page 5 of 5
MAINE REVENUE SERVICES
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- 05-117
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