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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 ifarch 28. 2005 llotL Wade and secomen fa assage Pas d IT4 d A 05-1❑ { 0RDEB [tie V) "thorireDA the rtal aea Saba Lot ] fn -� icurdy Assocutes. Inc. c i Amigned b Councilor 601.0 tI 1y G) 0 1 4 os=117 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, .,ev, t -Lw Pri ame: 'Sa m N, . a w- .� sq Page 5 of 5 MAINE REVENUE SERVICES REAL ESTATE TRANSFER - 05-117 TAX DECLARATION TRE Ss, NASA, SECIiONS 960 - 4SUM PIF ETVPEORIISEABALLPOINTPEMFREDOTICOMES WITH THE COUNTY REGRTRY OF DEEDS. DO NOT WE STMLES OR TAPE AND CLI NOT DETACHI aRYMYTWYl14XR YNIY Bangor Penobscot IX EODHTAGE IPEGISTRV USE om.h .OFIaIm: avElE1- .FlRETmOOD.RCORrowTENwERI KERE vssOovu �Inc A E aM 78 Farm Road BangTQ7 04401' R IDant :xav {3)- 4SI.FlxSi.IxrtVi ORCOPPdUiENaAEB) �eo1PR6PIdiF�.IDXF$¢- s OffiYORTMON 73 Rarlow Street Bangor ME 04401 1 S.TARwaa Lm NUMER WARMING In OLVERI Lot 7 If the goTaeR' b WmOslaS, Farm WE, CfRA Spsa or Tree PROPERTY Sar iY Industrial ParkGmMe. a apdnannal Roamed Unhandyaub de nbamed Dy _ Gwopnen4 aEAPASean. prea95m wclralga In use. 17. DOW OF TRANSFER 11 CFu¢ JE I&SOOR fe! HS Q� HS S. TUMII De WISM at the repIaLVMen Yn Deed in rtivdG. 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