AUTHORIZATION FOR DISPOSITION (SALE) TOWN-OWNED LAND
AT 150 EMMONS STREET (OLD MUNICIPAL BUILDING PROPERTY)
WHEREAS, Town owns a parcel of land containing 34,795 square feet more orless at the corner of Emmons and West Central Streets, shown on Franklin Assessors Map 279 as Parcel 36 (Title ref: Norfolk Registry Book 655, Page 411) containing the currently-vacant former Municipal Building, and
WHEREAS, Town Council, by Resolution 15-03, has declared said parcel to besurplus and available for disposition subject to a reserved easement shown on “Exhibit 1” attached thereto for public green space to include a statue of Horace Mann, together with appropriate plantings and public amenities, and
WHEREAS, pursuant to G.L. Chapter 30B, Section16, Town previously obtainedan appraisal and subsequently issued several Requests for Proposals (RFP's), thelatest being issued on or about September 10, 2014, which proposal contained aminimum bid price of four hundred, seventy-five thousand dollars, and
WHEREAS, one prospective developer-purchaser Roger V. Calarese submitteda responsive proposal to the latest RFP and Town Council has evaluated said proposal and heard a public presentation from the developer purchaser,
NOW, THEREFORE, BE IT RESOLVED THAT THE TOWN OF FRANKLINACTING BY AND THROUGH ITS TOWN COUNCIL:
1. Determines that the proposal of Roger V. Calarese (hereinafter: “Calarese”) to pay the Town of Franklin the sum of Five Hundred Thousand Dollars for the subject property and to construct either a single-story retail and office building thereon, as more fully described in his proposal and, more specifically, as shown on a conceptual plan captioned “Office and Retail Concept Plan of Land for 150Emmons Street in Franklin, Massachusetts” dated December 30, 2014, or, in alternative, to construct a single-story bank building with accessory vehicular drive through, as more fully described in his proposal and, more specifically, as shown on a conceptual plan captioned “Concept #7 Plan of Land for 150 Emmons Street in Franklin, Massachusetts” dated August 19, 2014 is advantageous to the Town and accepts same, subject to the provisions of the following paragraphs.
2. Votes to dispose of the subject property by selling it to Calarese for the sum of Five Hundred Thousand Dollars subject to a reserved easement on a portion of said parcel to maintain the public green space, including a statue of Horace Mann, together with appropriate plantings and public amenities in accordance with Resolution 15-03 and “Exhibit 1” thereto, conditioned upon Calarese's execution, within sixty days, of a purchase and sales agreement and/or landdisposition/development agreement containing terms and language consistent with Town's RFP and otherwise satisfactory to Town, both to ensure Town's timely receipt of the full purchase price and that the property is developed consistent with Town's RFP and Calarese's proposal within a reasonable time period; without limiting the foregoing, the agreement shall provide for exhaustion of reasonable efforts to develop retail and office building on property prior to proceeding with development of bank building, and shall prohibit any vehicular drive-through, except as accessory to bank building and operation.
3. Directs the Town Administrator, with the assistance of the Town Attorney, to prepare and execute a purchase and sales agreement, land disposition/development agreement, deed and such other documents as he determines to be necessary, both to effectuate the sale of the subject property by Town to Calarese and to ensure that the subject property is developed consistent with Town's RFP and Calarese's proposal and the provisions of this resolution.
This Resolution shall become effective according to the rules and regulations ofthe Town of Franklin Home Rule Charter.
|150 Emmons St|
The text of resolution 15-04 was copied from pages 18-19 as released for the Town Council agenda for Jan 21, 2015