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:
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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