TRUSTEE'S SALE BY • MADISON, CONNECTICUT •
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(9) UNIT
BED & BREAKFAST INN
& DETACHED BUNGALOW
• LAND • BUILDINGS • FURNISHINGS • EQUIPMENT • |
 | LIGHTHOUSE HOSPITALITY LLC
(IN BANKRUPCTY CHAPTER 7 CASE NO. 19-30387)
D/B/A TIDEWATER INN
949 Boston Post Road (Route 1)
MADISON, CONNECTICUT |
THURSDAY AUGUST 26TH AT 2:00 PM
| SALE TO BE CONDUCTED AT:
THE UNITED STATES BANKRUPTCY COURT
DISTRICT OF CONNECTICUT
157 CHURCH STREET, 18TH FLOOR
NEW HAVEN, CONNECTICUT |
SALE PER ORDER OF THE UNITED STATES BANKRUPTCY COURT
THE HONORABLE ANN M. NEVINS, UNITED STATES BANKRUPTCY JUDGE
ATTORNEY ANDREA M. O'CONNOR, TRUSTEE
OF THE FIRM OF FITZGERALD ATTORNEYS AT LAW, P.C.
46 CENTER SQUARE, EAST LONGMEADOW, MATERMS OF SALE: $50,000.00 DEPOSIT BY CERTIFIED CHECK OR BANK CHECK
PLEASE CHECK BACK FOR ADDITIONAL
TERMS OF SALE & BIDDING PROCEDURES |
OTHER TERMS TO BE ANNOUNCED AT TIME OF SALE.
INSPECTIONS: SATURDAY, AUGUST 14TH & AUGUST 21ST - 10:00 A.M. TO 3:00 P.M.
& DAY OF SALE - 9:00 A.M. TO 12:00 P.M.
REAL ESTATE | LAND:
• ±1.34 Acres (±58,370 S/F) of Land •
• Property is Situated on the Eastern Periphery of the Madison Business District •
• ±228’ Frontage along the Northerly Side of Boston Post Road (Route 1) •
• Zoned: R-2 (Residential) •
GROUNDS:
• Include: English, Herb & Perennial Gardens •
• Shrubs, Trees, Cobblestone Pathways, Archways, Bird Baths •
• Water Sprinkler System • Paved Parking Lot Approximately 20 Cars •
• Municipal Utilities: Water, Natural Gas, Electricity, Telephone,
Sewage Disposal via Private Septic System •
IMPROVEMENTS: (2) Buildings •
BUILDING #1: Bed & Breakfast Inn (Built in 1925) •
• (8) Guest Rooms, Each w/ Bathroom •
• 2.5 Story Wood Framed Building •
• ±6,289 S/F of Gross Building Area •
FIRST FLOOR:
• (2) Guest Rooms Each w/ Fireplaces and Bathrooms •
• Owners Quarters: Bedroom, Walk-In Closet & Bathroom •
• Gathering Room w/ Fireplace • Dining Room w/ Fireplace •
• Kitchen, Butler’s Pantry & Office • Carpeted Entryway & Stairwell •
SECOND FLOOR:
• (6) Guest Rooms Each w/ Bathrooms •
• Walk-Up Attic Area (Semi Finished) •
• Carpeted, Ceramic Tile & Hardwood Floors •
• Gas Fired Furnace/Baseboard & Forced Warm Air Heating •
• Window Air Conditioning Units in Each Room •
• 36’x12’ Wood Deck w/ Railing • Fire Escape •
BUILDING #2: “Curtis Cottage” (Built in 1935) •
• Detached Bungalow Style Building •
• ±450 S/F Guest Room Includes (Furnished): Bedroom, Sitting Room,
Full Bathroom w/ Jacuzzi Tub, Carpeting • (2) Window A/C Units •
• 3-Bay Garage w/ Overhead Doors w/ Genie Automatic Door Openers •
• Gas Forced Hot Air • (2) Hot Water Heaters • Laundry Room •
• Pantry • Wine Cellar •
 LOCATED APPROXIMATELY ½ MILE FROM OCEAN
Approximately 1.5 Miles to I-95 |
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PERSONAL PROPERTY | FURNISHINGS:
• Sofas • Loveseats • Uph. & Rocking Arm Chairs • Desks • Secretary Desk •
• Hutches • Buffet Cabinets • Showcases • End Tables • Dining Room Tables •
• (2) Mahogany Dining Room Tables w/ (8) Chairs • Floor & Table Lamps •
• Rugs • Paintings • Wall Prints • Wall Décor • Knick Knacks • Chandeliers •
• Mirrors • Sound & WiFi Systems • Etc. •
GUEST ROOMS:
• Poster Beds • Dressers • Chests • Night Stands • Lamp Tables •
• Table & Floor Lamps • Occasional Chairs • Loungers • TV’s •
• Mirrors • Paintings • Pictures • Wall Décor • Ottomans •
• Luggage Racks • Bed Sheets • Bed Spreads • Pillows • Linens • Etc. •
KITCHEN EQUIPMENT:
• Maytag Dishwasher • Maytag Electric Oven • Jenn Air Range/Oven •
• GE & Whirlpool Refrigerators • Pots, Pans, Utensils, Etc. • Etc. •
LAUNDRY EQUIPMENT:
• Maytag Bravos SL Top Load Washer • Maytag Maxima Front Loader Washer •
• Maytag Performance Dryer • (2) GE Profile Dryers •
Wrought Iron Patio Furniture |
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| Auction Qualification Process.
Any person desiring to submit a bid for the Assets will be required to submit a "Qualified Bid" as follows:
Deadline:
A Qualified Bid must be submitted to the Trustee no later than 1 hour prior to the scheduled Sale Hearing, as defined below.
Good Faith Deposit: A deposit, in form of a certified check or bank check, in the amount of $50,000 made payable to "Bankruptcy Estate of Lighthouse Hospitality, LLC" (the "Deposit"). The Deposit shall serve as a partial good faith deposit against payment of the purchase price for the Assets by such competing bidder as the Trustee determines to have made the highest or best bid for the Assets (the "Successful Bidder"). The Deposit for the Successful Bidder shall be increased to 10% of the purchase price within 5 business days of the Sale Hearing, as defined below.
Form of Bid: A Bid:
A. Must include a redline copy of an asset purchase agreement ("APA"), substantially in the form attached hereto, showing proposed modifications and a clean executed APA offering to purchase the Assets;
B. Must not be conditioned upon financing or any other due diligence contingency;
C. Must promise to pay the balance of the purchase price for the Assets to the Trustee by certified check, bank check, or check or wire transfer from a licensed attorney's IOLTA account at the closing of title to the Assets (the "Closing"), which Closing shall be no more than forty-five (45) days after the entry of a Court order approving the Auction;
D. Must be irrevocable until the closing of the Auction;
E. Must disclaim any right to receive a fee analogous to a break-up fee, expense reimbursement, or any other similar form of compensation;
F. Must include a written certification, substantially in the form attached hereto, that the bidder has not engaged and will not engage in any collusion with respect to bidding or the sale and disclose connections to all parties; and
G. Must provide proof of financial ability to perform. Any Bid must include written evidence that the Trustee reasonably concludes demonstrates that the Bidder has the necessary financial ability to close the sale and provide adequate assurance of future performance under the APA.
Provisions Governing Qualified Bids. The Trustee will review each Bid and determine whether it meets the requirements of a Qualified Bid. In determining whether a bid is a Qualified Bid, the Trustee will consider factors such as (1) the amount of such bid, (2) the risks and timing associated with consummating such bid, and (3) any other factors deemed relevant by the Trustee in her reasonable discretion. The Trustee will, immediately prior to the Sale Hearing, advise each potential bidder whether their Bid is a Qualified Bid and shall provide a list of Qualified Bidders to the Bankruptcy Court. The Deposit of a Qualified Bidder shall be forfeited upon (i) withdrawal of a Qualified Bid before the Bankruptcy Court's approval of a Successful Bidder, or (ii) withdrawal or breach of the APA prior to consummation of the closing of the sale of the Assets. The Trustee shall be deemed to have accepted a bid only upon approval by the Bankruptcy Court at the Sale Hearing.
Acceptance of Qualified Bids. The Trustee shall be deemed to have accepted a Qualified Bid only upon entry of an order by the Bankruptcy Court confirming the sale.
Sale Hearing and Auction. If at least two Qualified Bids are received, then an auction ("Auction") will be conducted, in-person, on Thursday, August 26, 2021 at 2:00 p.m., at the United States Bankruptcy Court for the District of Connecticut, 157 Church Street, 18TH Floor, New Haven, Connecticut (the "Sale Hearing"). Anyone wishing to participate in the Auction remotely may do so by making arrangements with the Trustee for such remote participation no later than Wednesday, August 25, 2021 at 4:00 p.m.
Auction Procedures.
a. The opening bid will be determined by the Trustee based upon the Qualified Bids received.
b. The sale of the Assets is subject to final approval of the Trustee and confirmation by the Bankruptcy Court.
c. At the Auction, after the opening bid, bidding on the Assets will be done in increments of $10,000; provided, however, the Trustee and/or Bankruptcy Court shall retain the right to modify the bid increment requirements at any time before or during the Auction.
d. Except as otherwise provided herein, at the conclusion of the Auction, and in any event no later than the 5TH business day following the Sale Hearing, the Trustee will return any Deposit paid by a Qualified Bidder who is not chosen as the Successful Bidder or the Back-Up Bidder.
Back-Up Bidder and Return of Deposit. If an Auction is conducted, then the Qualified Bidder with the next highest or otherwise best Qualified Bid (the "Back-Up Bid"), as determined by the Trustee in the exercise of her business judgment, at the Auction shall be required to serve as the back-up bidder (the "Back-Up Bidder") and keep such bid open and irrevocable until one (1) business day after the Closing with the Successful Bidder. Following the Sale Hearing, if the Successful Bidder fails to consummate the approved sale because of a breach or failure to perform on the part of such Successful Bidder, then the Back-Up Bidder will be deemed to be the new Successful Bidder, and the Trustee may consummate the sale of the Assets with the Back- Up Bidder without further order of the Bankruptcy Court. The Deposit of the Back-Up Bidder shall be returned without accrued interest no later than 5 days after the Closing between the Trustee and the Successful Bidder.
Modification of Auction Procedures. The Trustee reserves the right, in her reasonable business judgment in a manner consistent with her fiduciary duties that will best promote the goals of the bidding process, to modify these Bidding Procedures or impose, at or prior to the Auction, additional customary terms and conditions on the sale of the Assets, including, without limitation: (a) adjourning the Auction Sale and/or adjourning the Sale Hearing in open court without further notice; and (c) adding procedural rules that are reasonably necessary or advisable under the circumstances for conducting the Auction Sale.. |
THE INFORMATION DESCRIBED IN THIS BROCHURE IS CORRECT TO THE BEST OF OUR KNOWLEDGE BUT WE CANNOT GUARANTEE SAME. IT IS FOR THIS REASON THAT BUYERS SHOULD AVAIL THEMSELVES OF THE OPPORTUNITY FOR INSPECTION PRIOR TO THE SALE. |
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01089
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