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HomeMy WebLinkAbout2002-10-28 02-397 ORDER)UNCILACTION Item N01 02-397 Date: October 20,200 Item/Subject: ORDER, Authorizing Execution of Purchase Option Agreement Between Me City of Bangor and Grotto Bay Ready Trust -- Lat IA, BUt Commertlal/Industrial Park Responsible Department: Legal This Order autborizes the City Manager to execute a Purchase Option Agreement for Lot 1A of the BIA Commercial/Industrial Park The Agreement gives Grotto Bay Realty Trust the option to purchase the lot for the purpose of constructing a two-story professional office building having a footprint of not less than 2,967 square feet. The Agreement imposes nrtain time limits In which to exercise the option, obtain site plan approval, start and complete construction. It also requires design review by the City. The Business & Economic Development committee has recommended approval. Manager's Comments: iry✓ / — &'V CityManager Associated Information: Purchase Option Agreement Budget Approval: Finance Director Legal Approval: City SOIIGtor Intr9duced W ✓ Passage _ First Reading Page _]L_ of Referral 02-39) (� Assigned NCoumilw Nea11e➢ October 28. 2002 ren CITY OF BANGOR (TITLE.) ORDER, Authorizing Execution of Purchase Option Agreement Between the City of Bangor and Grotto Bay Realty Trust -- Lok 1A, BIA Commercial/ Industrial Park By Bce ory CWK# ofthe City ofBargon ORDERED, THAT Edward A. Bartell, City Manager, B hereby authorized and directed, on behalf of the C ty of Bangor, to execute a Purchase Option Agreement in substantially the same form as attached hereto. IN Cin COBBCIL October 28, 2002 Nation Made and Seconded for Passage Pd Bearer, Representing Chistine lui, requested this Order be referred back to Bussiuess 6 m000mlc Oevelopent Committee and that Council Reconsider Passage of this Order Passed IY p 02-39] (TITLE,) Authorizing Execution of Purchase OptiveemenReagan:t Between the City of Reagan: grotto Noy Realty haat - Lot IA. BIA fork Assigned to Councilae l/ 02-39) BIA COMMERCIAL I INDUSTRIAL PARK TELCOM DRIVE DEVELOPMENT PARCELS DEVELOPMENT POLICY AND DEVELOPMENT STANDARDS I. Development Polity. The City's development policy for the Telcom Drive cul-de-sac area is derived from the overall policy for development and reuse of the airport peripheral land area as enumerated in the approved Bangor International Airport Land Development Strategy. The City's objectives in these areas are to provide for economic base enhancement activities which implies the provision of new jobs to the area as one overriding principle. A corollary to this umbrella policy is the assumption that in many cases the private sector can provide the benefits from retail and service activities, for example, in a variety of appropriate locations within the City. Consideration of projects involving the general service sector should take into account the current availability of such services within the community and the current level of competition. For instance, given the competitive private market for uses that are primarily retail or automotive, such uses would generally not ae considered appropriate uses for the Telcom Drive Development parcels. The City's policy should be to not extend assistance to businesses in direct competition with other existing businesses, especially retail operations. It is the City's preference to provide assistance only when necessary for location of new businesses that help diversify the local economy by offering services or producing products not presently provided or produced by other area employers. • Therefore, the City's engagements in the land development market should be for activities uniquely suited to the greater Airport location, and/or • For investment in growth sector activities which have the potential of providing long-term stimulus to the local economy and help diversify the local economy and/or • For the establishment of well paying job opportunities in a strong, stable economic enterprise. Finally, as an important element of economic development policy to insure the future viability and marketability of City lands and City sponsored development and, particularly, to protect and enhance both the image and the functionality of Bangor International Airport, a very significant gateway to the City and to the region, the City should require a high quality of development of its sites, above and beyond minimum ordinance development standards. B19 CammemWllndsuulal Park Telcom Orae Development Axky & StandaN September 1998 Adopted October 21, 1998 CouncY Resolve 98374 II. Development Standards. Design Review. In general, buildings will be designed by licensed professionals to be aesthetically pleasing and built of durable exterior finished materials and sites will be well landscaped to break up building and pavement areas and to be attractive from off-site views. The Bangor City Council Community and Economic Development Committee will serve as a design review committee (with the assistance of appropriate City Staff) to ensure this intent and that these specific provisions are achieved. More specifically, buildings and site development will meet the following requirements: L Structures. All primary use and any and all secondary use buildings will comply with the following: a. Primary Facade Materials - masonry, bricks, stone, glass, and tiles. Wood siding, to include solid wood materials such as clapboards but not including manufactured panels. Concrete block and sheet metal are not to comprise more than 30% of the total building facade. b. The Street facing facades shall have a maximum of 50% glazed material. c. The street facade shall create a series of implied ground Poor bays or the facade shall be broken up by design elements. d. Orientation - subject to design review by the Community and Economic Development Committee. e. Maximum building lot coverage -.35 f. Maximum impervious surface coverage -.70 g. Exterior finishes- will be subdued and appropriate for high end office park environments and elevation drawings with finished colors will be submitted for review by the Community and Economic Development Committee. h. Signage -all signs shall be subjectto design review in addition to meeting the minimum standards of the Sign Ordinance provisions. 2. Site Treatment. a. Landscaoing -the landscaping plan prepared by a design professional will be submitted to the Community and Economic Development Committee Page 2 61A Commercialllndsutdal Pad Tak m Ddve Development Polity 6 StaMarts September 1998 Adopted Octaber2l, 1988 council RewN 98-374 for its review. The intent of this plan is to integrate in a visually pleasing manner all elements of the proposed site development b. Parking Areas -the perimeter of all parking areas shall be landscaped with plant material to screen such areas from view and lessen the impact on neighboring sites. A buffer yard of 20 feet or more must be planted and landscaped with the following plant units per 100 feet two (2) shrubs, three (3) evergreen trees, and two (2) deciduous trees. (All trees and shrubs will meet the minimum standards for buffer yard trees contained in the Cry's Land Development Code in Article 20, Section 1.4). c. If an outdoor parking lot contains fiReen (15) or more parking stalls, not less than 6% of the interior of such parking shall be landscaped. The use of landscape earth berms to accomplish such landscaping is encouraged. Strips between parking bays shall also be landscaped with appropriate ground cover and deciduous trees. d. Lighting. A lighting plan indicating location, direction and intensity of light fortunes and resulting lighting shall be submitted for design review. e. Pavement -All parking lots will be properly paved and edged with permanent curbing. Other nonvegetated areas (such as walkways) will either be paved or concocted with a stabilized surface material subject to approval of the Design Review Committee. III. Submittal Requirements Plans and specifications shall be in such forth and shall contain such information as may be required by the Design Review Committee but shall in any event include the following: 1. A site development plan of the lot showing the nature, grading scheme, kind, shape, composition, and location of all structures with respect to the particular lot (including proposed front, rear, and side setback lines), and with respect to structures on adjoining lots, and the number and location of all parking spaces and driveways on the lot; 2. A landscaping plan for the particular lot: 3. A plan for the location of signs and lighting; 4. A building elevation plan showing dimensions, materials, and ex enor color scheme in no less detail than required by the appropriate governmental Page 3 BIAOommeMal /IMsuMal Park relmm Drive Davabpment P xy B ateadams September 1998 Aabpfed October 21, 1998 C unci Rewim 98376 authority for the issuance of a building permit. Material changes in approved plans must be similarly submitted to and approved by the Community and Economic Development Committee; 5. Accessory buildings, fences, storage areas, trash collection, antennas, and any external mechanical systems; 6. All building plans submitted must be stamped by a Design Professional; and 7. All site plans submitted must be stamped by a She Designer. Page 4 PURCHASE OPTION AGREEMENT CITY OF BANGOR, a body corporate, of 73 Barlow Street, Bangor, Penobscot County, Maine thereinafter OPTIONOR), for consideration paid and other moves referred to below and to be paid at the closing of the purchase and sale of the premises described in Paragraph t below, hereby grants to Grotto Bay Realty True, of Bangor, Penobscot County, Maine (hereimfler OPTIONEE) an option to purchase, upon the terms and conditions set forth below, the premises described in Paragraph 1 below. TERMS: This option is granted subject to the following terms and conditions: 1. Premises Subject to Orion: a. Aparteloflanddes bedasI.otlA,in BIACommercial/Erulustrial Park, so-called, as depicted in a plan dated November 4, 1997, titled "Amended Subdivision Plan, BIA Commercial / Industrial Park, Union St, Bangor, ME." and recorded in the Penobscot County Registry of Doodle, Plavfile 1998-8, (hereinafter the Property). 2, Orion Period. This optionshaR runfromthe datehveofuntil /avuary3l, 2003. 3. Exercise of Outiov. The OPTIONEE may exercise this option and acquire the mbjempropertybygivingwrittennoticeofitsi tbdosotothe OPTIONOR at any time during the option period prior to December 31, 2002. Such notice shall be effective if delivered to the OPTIONOR's City Solicitor's office at the OPTIONOR's address armed above. Thereafter, the parties shall schedule a closing at a mutually convenient date, which will be nolaterthan Aprill,2003. HoweverOPTIONORshallnotbeobhgatedto convey the property to OPTIONEE until such time as OPTIONEE has secured all required approvals from the City of Bangor Planning Board and the City shalt have reviewed and approved m writing all building and site devetopmem plans as provided for in the attached BIA Commercial/Ivdustrial Park Telcom Drive Developments Parcels Development Policy and Development Standards dated September 1998. 4. purchase Price. The purchaseprice formheproperty subjecttothis Option Agreement shall be $97,000.00. 5. Type of Conveyance. Conveyance shall be by Quitclaim Deed with Covenant to OPTIONEE from OPTIONOR OPTIONOR shall prepare the necessary Deed, subject m approval by OFTIONEE's an=" OPTIONOR shall convey title under this paragraph to OPTIONEE frce and clear of all encumbrances except customary public utility easements serving the premises and any other easements of record or required as a condition of Us Option and shall be subject to applicable zoning and land use laws and regulations. 6. Tues. OPTIONEE shall be responsible for all property taxes assessed against the subject premises following the closing. 7. OPTIONOR Not to Convey or Encumber Title. During the term of the option period, OPTIONOR shall not voluntarily convey, mortgage or otherwise encumber the optioned property or any portion thereof, without OPTIONEE's prior written consent. S. OPTIONEE's Condition. Notwithstanding OPTIONEE's exercise of its option, OPTIONEE shall have no obligation to acquire the property unless the following conditions are mint to Omoyd3E's satisfaction: a. The OPTIONEE shaLL review 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 OPTIONEE's proposed use and development of the Property, including any thermfpertamung to wetlands or wetlands mitigation and the BIA CommerualAndusMal Park Tdcom Drive Developments Parcels Development Policy and Development Standards dated September 1998 attached hum. b. There shall not be any musicians s or my other restrictive measures in effect which prevent or be a detriment to the OPTIONEE's wtmded use and development of the Property. 9. OPTIONOWS Conditions a. There currently exists a sewer line, water line and storm water drainage lines across the Property all as depicted on a plan dated November 4, 1997, titled "Ameaded Subdivision Plan, ll A Commercial / Industrial Park Union 3t. 13aveorMeewrdediv the PevobscotCuuety— Registry ofDeeds, PlauBle 1998-8. OPTIONM shall gram 30 foot wide easements to the OPTIONOR for the sanitary sewer line and storm water drainage lines and to the Bangor Water Distrix forthe watermain. No swot esbaLLbecomwaedintheeasementarms. Ifanyoftheexisting lines need to be relocated, OPfIONEE shall be responsible for the relocation of said liae(s) and all costs associated with said relocation, said relocation to be at a location determined by the City ofBaagor City Engineer, or, in the case of the water line, the City ofBangor City Engineerand the Bangor Water DisMa. On or beforeDecember30, 2002, OPTIONEE shall submit to the City ofBangm City Engineer its plan to relocate said lines) for review and approval by City Enginece. Said plans shalt include all specificatiow for the relocation of said line(s). It shall include provisions for a City inspector on site, at the OPTIONEE's cos, said mat not to excced $3,000, inspections as required by the City Engineer's Department, and a per rmaoce bond in not less than the costs of the relocation of said Bunts). In frau of a performance bond OPTIONEE may place the cost plus a tem percent (IM) contingency, in and escrow occurred, the form or said account to be satisfactory to the City Solicitor. Said plans shall also include provisions for restoring the distufied area of the reloomed lines) to its original condition and the removal or filling of the dismminued section of the line(s). OPTIONEE shall obtain City Engined's approval of its plan to relocate said lines) no later than December 30, 2002. Ifthe new location of the line(s) fall within the boundaryofLot IA, or in close proximity w the propertyline ofLot IA, and in the opinion of the City Engined an easement on Lot IA is required for the new location, said assemevf shall be granted by OPTIONEE to the OPTIONOR at no cert to OPTIONOR b. OPTIONEE shall not have access to Ashley Sued or direct access to Union Street, the only access to the site being Telcom Drive an depicted on a plan dated November 4, 19W, titled "Arranged Subdivision Plan, BIA Commercial / Industrial Park Onion St., Bangor NM." as recorded in the Penobscot County Registry of Deeds, Planfile 1998-8. IG, ower Conditioan a. OPTIONEE shall construct a professional office budding on Lot IA not less wan two stories in height above ground level and having a building footprint of not less than 2,96/ square fed. Thebuddivgshallbeof masonry and glass conswctioq or similar quality construction agreed to by the City, with an approximate coastmction related cost of not less than $500,000, exclusive of soft costs and fees, and shall include on site parking to accommodme not less wan one vehicle per 300 square feet of office space developed, and shall in all respects conform to the requirements of the City of Bangor Land Development Code and BU _ _ Condruadjahbelustral Park Telcom Drive Devdop®ts-Pmc—fe s Development Policy and Development Standards dated September 1998, all hereinafter referredto as "PR03Em Before mweyancq the City shall review and approve in writing all building and site development plans as provided for inthe attached BU Commerchufredustrial Park Telcom Drive Developments Parcels Development Policy and Development Standards dated September 1998. b. In the event OPTIONEE exercises flus OPTION to purchase, conveyance of the property shall be subject to retention or gaming of suitable utility easements to the City of Danger and the Bangor Water District for the purposes of amassing, masmsivg, replacing or repairing utilities on the Property. No structure shall be placed on or over any utilities. a OPTIONEE shall submit an application for site plan approval for PROJECT by the City of Bangor Planing Board not later than December 31, 2002, said application m contain all information required for site plan approval by the City of Bangor Land Development Code. Subammisshall be in contbrmncewith all requirements of the City ofBaman Land Development Code. OPTIONEE shall obtain City of Bangor Planning Board site plm approval hrPROJECT m later than January 30, 2002. d. OPTION shall submit to the City Director of Community and aromatic Development no later than December 1, 2002 PROJECT plans and specification as required by the BIA Comm socialAndurtrial Park Telcom Drive Developments Parcels Development Policy and Development Standards dated September 1998. Said plamsaod specifications submitted shall coMbrm to the BU Commerclal4ndustrial Park Telcom Drive Developments Parcels Development Policy and Development Standards dated September 1998. OPTIONEE shall obtain approval of PROJECT plans and specifications by Bangor City Council Business and Economic Development Committee no later than December 15. 2002. e. OPTIONPE shall obtain all necessary zoning subdivision and environmental permits and approvals and my other applicable permit or approval as may be necessary for the OPTIONEE's proposed use and development of the Property, including any thereof pertaining to wetlands or wetlands mitigation to commence construction of PROJECT by April 30, 2003. f OPTIONEE shall commence site work and building construction no later than May 1, 2003. Sufficient evidence of proceeding with site work and building construction is an approved Land Development Permit, issuance of a Building Construction Permit and initiation of construction of me g. OPnONEE shall complete she workand building cooatnsctlon m later than December30, 2003. I1. Renner This OPTION is made subject to the express condition that if the OPTIONEE Saila to comply with the terms and conditions of this Option tits to the described property shall revert in and be vested in the City of Bangor, without further notice, demand, order ofcondem ation, re-entry, foreclosure, or other judicial act, entice or process, this reverter clause comtitutiug part of the consideration upon which said premises are conveyed by the OPTIONOR to the OPTIONEE. In the event ofthe exercise of this reverter provision by OPTIONOR, OPTIONOR shall refund to OPTIONEE the purchase price of $97,00, without intereat and less any diminution in fair market value of said lot IA as result of OPTIONEE's occupancy thereof, and no other payment shall be due OPTIONEE. 12. Assignment The OPTIONEE shall not 9 my time assign, self, convey or transfer this Option or any interest therein. Provide that, however, OPTIONEE shah have the right to assign this OPTION to Earl Black of Bangor and to any corporation with which it may have become merged, commlidared or otherwise associated, or my corporation or holding company having the controlling interest in the OPTIONEE, or to my corporation which may be asubsu aryoftlw OPTIONEE OPTIONEEshallpmvide OPTIONORof a copy of said assignment. hind evmY, howevu, shah the OPTIONEE named herein be relieved from my obligation under this OPTION by v rue of any assignment. Dated: Wlg�oY✓(\-`-'��) Witness Dated: Wkkrd(o� v�j I• �,'`'I _ .