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HomeMy WebLinkAbout2004-06-28 04-211 ORDERItem No M-211 Dace: lune 2a, 2004 Item/Subject ORDER: Accepting an offer from Norman S. Bouchard & Diann W. Bouchard to purchase Lot 16 in the BanAir Industrial Park for $21,000. Responsible Department Economic Development Commerdmy: Norman S. Bouchard & Diann W. Bouchard have made an offer to purchase Lot 16 in the BanAir Industrial Park for $21,000. The Board of Directors of the BanAir Corpomiton recommends the sale of the property with conditions. See attached memo. Department Head Manager's Comments: �0,WMAI i5.11�t Associated Information: Budget Approval: Finance Director Legal Approval Solicitor 2ntro� . for .`� Passage _ FIM Reading Page _ of Referral 04-211 Awed to Councilor Palmer June 28, 20" CITY OF BANGOR (MLE.)Order, Authonuing the sale of a Lot 16 in the Ba lar Industrial Park to Norman S. Bouchard and Dian W. Bouchard WHBREAS, the City of Bangor owns land in BaMir Industrial Park, Hammond Street, Bangor, Maine; and WHEREAS, Norman S. Bouchard and Diann W. Bouchard have offered to purchase Lot 16 in the Benstir Industrial Park to construct acommercial building; NOW THEREFORE BE IT ORDERED BY THE CITY CODNCIL OF TBE CITY OF BANGOR THAT the City Manager is hereby authorized, on behalf of the City of Bangor, to execute a Contract For Sale of Real Estate and any other related docomems with Norman S. Bombard and Diann W. Bouchard for Lot 16 in the BmAir Industrial Park in a form approved by the City Solicitor or Assistant City Solicitor and substantially the same as attached herein. e (TITLE,) Aurhorizlse toe sale of Lot 16 in ' the Ba r Industrial Park to mxua.s. Bouchard snd Bunn W. Bouchard AsSiJME to C0Y0CMR IaOm BANAIR CORPORATION 73 or, Maim 04401 Operator of Bangor Foreign Trade Zara 58 (207) 947-0842 (207) 945-0447 (Fax) MEMORANDUM To: Members of the Bangor City Council From: Stephen A. Bolduc, Executive Manager, BanAir Corporation Date: June 28, 2004 Subject: Offer From Norman S. Bouchard 8 Diann W. Bouchard to Purchase Land in -the-BanAir Industrial Par Issue Norman S. Bouchard & Diann W. Bouchard have made an offer to purchase Lot 16 in the BanAlr Industrial Par for $21,000. Background Norman S. Bouchard, owner of Norm's Cleaning Service and Bouchard Builders, wishes to construct a 5,500 sq. ft. building on Lot 16. Nona s Cleaning Service and Bouchard Builders currently operate in Hampden and have been in business for over 15 years. Norm's Cleaning Service specializes in insurance claims and fire damage restoration. Bouchard Builders provides reconstruction services after a fire. Together the two companies employ 35 to 40 people and expect to add 8 —10 employees during the nerd Mar years. Norm's Cleaning Service has 10-12 vehicles which would be registered in Bangor. Lot 16 is 1.25 acres with frontage on BanAir Road. However, we estimate that 33% of the lot is designated as wetlands leaving about .825 acres as developable land. The City's development guidelines suggest a minimum initial development of 15% of total developable lot area, specifically that a 5,400 sq. R. building be constructed. The proposed building, 5,500 no ft., exceeds the minimum initial development guidelines. The purchase of the property is conditioned upon the buyers conducting a survey, reviewing all zoning, land use and environmental laws and obtaining a commercial loan. The lot has been offered for sale at a price of $30,000. However,considering the amount of wetlands affecting the lot, the offer is appropriate. The City of Bangor isnot represented by a real estate broker in this transaction. Recommendation The Board of Directors of the BanAir Corporation recommends that the Bangor City Council accept this offer with the following described terms and conditions: 1. The Buyers shall conduct and be satisfied with a land survey of Lot 16. The survey shall be conducted at the expense of the Buyers. 2. The Buyers shall obtain a commercial loan with terms suitable to the Buyers for the financing of the complete project. 3. The Buyers shall have reviewed and be satisfied with all zoning, land use and environmental laws, codes, ordinances and regulations affecting the property and shall obtain all zoning, subdivision and environmental permits and approvals and any other applicable permit or approval as may be necessary for the Buyer's proposed use and development of me property, including a Land Development Permit from the City of Bangor. 4. The building shall have a gross Floor area of not less than 5,500 sq. ft. 5. The Buyers agree to limit any application for a Wetlands Alteration Permit for Lot 16 to less than 4,356 sq. ft. for a period of two (2) years from the date of closing. 6. Site work and building improvements must commence within one (1) year from the data of closing. Sufficient evidence of commencing with the "site work and building improvements" is an approved Land Development Permit, issuance of a Building Construction Permit and initiation of construction of the building. 7. Site work and building improvements must be completed within two (2) years from the date of closing. 8. The area within the front setback must be landscaped and planted with trees and shrubs as follows: plant units per 100 ft.: one (1) shrub, one (1) evergreen tree, and one (1) deciduous tree. CONTRACT FOR SALE OF REAL ESTATE The undersigned Norman S. Bouchard and Diann W. Bouchard (BUYERS( of Bangor, Maine hereby offer to purchase from Me City of Bangor (SELLER) the real estate in its present physical condition with all improvements thereon, located at Lot 16 in BanAir Industrial Park, City of Bangor, County of Penobscot, State of Maine, and generally described as follows: Lot No. 16 in BanAir Industrial Park, so-called, as depicted on the Subdivision Plan dated June 17, 1997, titled "Final Subdivision Plan of BanAir Industrial Park - Phase 2" and recorded in Penobscot County Registry of Deeds Map File 1997-48. Purchase price is $21,000. $1,000 is the DEPOSIT in U.S. Dollars to be applied to the purchase price at closing. The deposit has been paid to Prudential Northeast Properties who shall hold Said deposit and act as escrow agent unfit closing. The balance of the purchase price is to be paid in full at dosing as follows: CASH AT CLOSING. THE DEPOSIT IS RECEIVED AND HELD EXPRESSLY SUBJECT TO THE FOLLOWING CONDITIONS: 1. SETTLEMENTITITLE: It is agreed that this transaction shall be closed and the Buyers shall pay the balance due and execute all papers necessary for the completion of the purchase on or before 4:30 P.M. July 30, 2004, unless otherwise agreed to, in writing, by both parties. A quitclaim deed conveying good and merchantable fide, free and clear of all encumbrances, except normal public utilities, building and zoning restrictions of record, and restrictive covenants of record shall be delivered to the Buyers or nominee at closing. If the Seller shall be unable to convey or deliver possession in accordance with the previsions of this Contract, or make the premises conform with the provisions hereunder, then the Seller shall have a reasonable time period, not to exceed 30 days to cure any title defect, unless otherwise agreed by both parties in writing. The Seller hereby agrees to use diligent efforts to cure any such this dated during such period or make the premises conform, whichever applies. 2. SETTLEMENT COSTS. Seller shall pay for the preparation of the deed and declaration of value, together with the preparation and recording fees for the removal of any encumbrances against the property. All other expenses and costs of document preparation, title examination, title opinions, and the title insurance shall be borne by the Buyers. I 211 Cantron For Sale of Real Estate Seller: GtyaBantor Buyers: Norman S. [bucmaN anal Diann W Boucnard 0&2&00 The Stale of Maine Transfer Tax shall be paid by both the Buyers and Seller, as provided by law. The following items shall be prorated as of the date of closing: NONE Security deposits, d any, shall be transferred to the Seller at closing. 3. POSSESSION: Seller shall deliver to the Buyers possession of said premises immediately upon transfer or 0 days after closing, free of all tenants and occupants, and without incurring rent or fees. The premises shall be then in substantially the same condition as at present. Buyers shall have the option to inspect the property prior to closing. The risk of loss or damage to said premises until closing is upon the Seller. 4. DEFAULT: If the Buyers fail to make any payments or to perform any of the agreements on his pad made or entered into, this Contract shall, at the option of the Seller be terminated, and the Buyers shall forfeit said earnest money deposit as liquidated damages or Seller may enforce all legal and equitable remedies. 5. BUVERS'CONDITIONS: Following are conditions to the Buyers'obligation to acquire the Property: a. The Buyers shall conduct and be satisfied with a land survey of Lot 16. The survey shall be conducted at the expense of the Buyers. I The Buyers shall review and be satisfied with all zoning, land use and environmental laws, castles, ordinances and regulations affecting Lot 16 and shall obtain all zoning, subdivision and development permits and approvals and any other applicable permit or approval as may be necessary for the Buyersproposed use and development of Lot 16, including a Land Development Permit from the City of Bangor. c. The Buyers shall obtain a commercial can with terms suitable to the Buyers for the financing of the cornpkate project. If any of the foregoing conditions are not satisfied prior to the Closing, or if the Buyers, in their sole discretion, are dissatisfied with the results of any tests or inspections, or with the content of any of the documents, data or information obtained from the Seller, the Buyers may terminate this contract by written notice to the Seller on or before the closing date. In such case the deposit shall be refunded, and neither party shall Mereaftef have any further obligations or liabilities under this contract. DATE: SELLER(S) INITIALS: BUYERS(S) INITIALS. Page 2 of 4 B4-zu Convect For Sale Of Real Estate SNlec City of Bangor Buyers: Norman S Bouc»ardarM Diann W SoYCha/d ONR1/04 6. OTHER CONDITIONS: Following are other conditions to the Buyers' obligation to acquire the Property: a. The Buyers agree to limit any application for a Wetlands Alteration Permit for Lot 16 to less than 4,356 sqff. for a period of two years from the date of closing. b. Site work and building improvements must commence within one (1) year from the data of closing. c. Site work and building improvements must be completed within two (2) years from the date of closing. d. The building shall have a gross floor area of not less than 5,500 sq. ft. e. The area within the front setback must be landscaped and planted with trees and shrubs as follows: plant units per 100 IL: one (1) shrub, one (1) evergreen tree, and one (1) deciduous tree. Sufficient evidence of commencing with the "site work and building improvements" is an approved Land Development Permit, issuance of a Building Construction Permit and initiation of construction of the building. T. AUTHORITY: The Buyers and Seller each warrant and represent that the undersigned has full power and authority to execute and deliver this contract and to perform the obligations. 8. MEDIATION: Any dispute or claim arising out of or relating to this contract or the property addressed in this contract shall be submitted to mediation in accordance with the Maine Residential Real Estate Mediation Rules of the American Arbitration Association. This clause shall survive the closing of this transaction. 9. AGENCY: The Buyers acknowledges that he has been informed by the broker/agent that Me broker/agent is acting solely as the BUYERS' AGENT in this transaction and that the broker/agent makes no warranties of any kind regarding the condition, permitted use, or value of Sellers real or personal property. THIS CONTRACT is binding upon the parties hereto, and their respective heirs, personal representatives, successors and assigns. If this CONTRACT is not fully understood, parties should consult an ATTORNEY. This Contract constitutes the entire agreement between the parties hereto, there are no promises or verbal understandings not clearly specified in it. The use of the singular Includes the plural and the use of any gentler includes the other. BY THEIR SIGNATURES HERETO RECEIPT OF A COPY OF THIS CONTRACT IS ACKNOWLEDGED BY ALL PARTIES. Buyers, having inspected the property and its appurtenances, hereby offers and agrees to purchase the property at the price and upon the terms and conditions set forth. DATE: SELLER(S) INITIALS: BUYERS(S) INITIALS: Pie 3 of 4 0i Cori For- Sale of Real Estate Seflec CM of Bangor Sayers: Norman S. BOachaM arM Diann W Bouchard 0&22ttM Dated this day of June, 2004 at Bangor, Maine. Norman S. Bouchard (Witness) Diann W. Bouchard (Witness) CITY OF BANGOR By: (Witness) Edward A. Barratt City Manager DATE'. SELLER(S)1NITIALS: Page 4 of 4