HomeMy WebLinkAbout1971-11-22 22-Z ORDER22-2
Introduced by Councilor promotes, Nov. 22, 1971
CITY OF BANGOR
(TITLE) (Drbe[e__(pproving Proposed ConFxact for.. Bale of Land in the Btlllweter
Park Urban Renewal Protect - Parcel No .
By the City Comma of be qty of Bander:
ORDERED,
TDAT WHEREAS, the Urban Renewal Authority of the City of Banger proposes
to enter into a contract for the sale of parcel numbered 173
in the. Stillwater Park Urban Renewal Project with Sockbeson n Inc-
-;
and
WTER8.4S, the said PnQ4bPmnn Urog_Tnc
has offered to pay the sum of Eight Hundred and 00/100 Dollars ($800.00)
for said parcel , said price being the minimm approved price for said parcel
as established by the Urban Renewal Authority and approved by the Department of
Housing and Urban Developumnt; and
WHEREAS under the provisions of Chapter 168 of the Private and
Special Laws of Maine, 1957, as amended, City Council approval of all contracts
for the sale of land within the project area is required; and
NHEEMS, the Urban Renewal Authority has filed a copy of the
proposed contract with Sockbeson Bros., Inc. in the office of the City Clark;
NW, THEREFORE, B8 IT OgDBRBD:
THAT the proposed contract on file with the City Clerk be AM
is hereby approved.
22-z
=E:IVED
1371 AN38 N. 1:0»
CITY r PA N'S OFFICE 0RD£R
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[Iv Pe kGSR. MAINE Tiilq
Sale Of land in Stillwater Park
IN CITY COUNCIL ....................... 0..............
Nov. 22, 1971
PASSED Parcel No. 173
....................... 4.... 4.........
cIEAE IVGoduced and filed by
. • •Coweilmav
STILLNATER PARE PRWECT
PRWECT NO. M. R-4
_
PART I
of
CONTRACT FOR
SALE OP LAND FOR PRIVATE REDEVELOPMENT
(OFFER AND ACCEPTANCE)
By and Between
Urban Renewal Authority of the City of Bangor
and
Sockbeson Bros., Inc.
PART I
CONTENTS
Section
page
1.
Sale: Purchase Price
2
2.
Conveyance of Property
2
3.
Good Faith Deposit
3
4.
Time for Commencement and
4
Completion of Improvements
5.
Time for Certain Other Actions
4
6.
Period of Duration of Covenant on Use
4
J.
Notices and Demands
5
8.
Special Provisions
5
9.
Modifications of Part II
5
10.
Counterparts
5
CONTRACT FOR
SALE OF LAND FOR PRIVATE REDEVELOPMENT
AGREEMENT, consisting of this Part I and Part II (Form
H-62098, 1-64) annexed hereto and made a part hereof (which Part I
and Part 12 are together hereinafter called "Agreement"), made
on r as of the 1st day of November 1971 , by
and between the Urban Renewal Author v[ of t5e Cit of Bangor, a
public baby corporate whit , together with any successor public
body or officer hereafter designated by or pursuant to law, i
hereinafter called "Agency"), established pursuant to Chapter 168
of the Private and Special Laws of the State of Maine, 1957, a
amended (hereinafter called "Urban Renewal Act") and having its
office at City Hail in the City of Bangor (hereinafter called
"City"), State of Maine, and the Sockbeson Bros., Inc.
corporation organized and
existing under the laws of the State of Maine
hereinafter called the 'Redeveloper") and having an office for
the transaction of business at 502 Stillwater Avenue
in the City of ,
County of Penobscot , and State of
Maine WITNESSETH:
WHEREAS, in furtherance of the objectives of the Urban
Renewal Act, the Agency has undertaken a program for the clearance
and reconstruction or reh bilit�tion of slum and blighted e s
n the City, and in this connection is engaged in carrying out
an urban renewal project known as the "Stillwater Park Urban
Renewal Project" (hereinafter called "Project") in an area (here-
inafter called 'Project Area") located in the City; and
WHEREAS, the Agency has offered to sell and the Redeveloper
is willing to purchase certain real property located in the Project
Area and more particularly described in Schedule A annexed hereto
and made a part hereof (which property as so described is herein-
after called 'Property") and to redevelop the Property for and in
accordance with the uses specified in the Declaration of
Restrictions recorded in Penobscot Registry of Deeds, Book 2113,
Page 835 and in accordance with the agreement; and
WHEREAS, the Agency believes that the redevelopment of the
Property Pursuant to the Agreement, and the fulfillment generally
of the Agreement, are in the vital and best interests of the
City and the health, safety, morals, and welfare of its residents,
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and in accord with the public purposes and provisions of the
applicable Federal, State, and local laws end requirements under
which the Project has been undertaken ..nd is being assisted:
NOW, THEREFORE, in consideration of the premises and the
mutual obligations of the parties hereto, each of them does hereby
covenant and agree with the other as follows:
SEC. I. SALE: PURCHASE PRICE.
Subject to all the terms, covenants and conditions of the
Agreement, the Agency will sell the Property to the Redeveloper for,
and the Redeveloper will purchase the Property from the Agency
and pay therefor, the amount of Eight Hundred and
-- Polls 80000
hereinafter calledPhase Price"ob).
paid 1n cash or by
certified check simultaneously with the delivery of the deed con-
veying the Property to the Redeveloper.
SEC. 2. CONVEYANCE OF PROPERTY
(a) Form of Deed. The Agency shall convey to the Redeveloper
title to the Property by Warranty Deed (hereinafter called "Deed").
Such conveyance and title shall, in addition to the condition
subsequent provided for in Section 704 hereof, and to all other
conditions, covenants , and restrictions set forth or referred to
elsewhere in the Agreement, be subject te the terms, if any, set
forth on said Schedule A. attached hereto.
(b) Time and Place for Delivery of Deed. The Agency shall
deliver the Deed and possession of the Property to the Rede-
veloper On December 1, 1971 19171. or on such
earlier date as the parties hereto may mutually agree in writing.
Conveyance shall be made at the principal office of the Agency
and the Redeveloper shall accept such conveyance and pay to the
Agency at such time and place the Purchase Price.
(c) Apportionment of Current Taxes. The portion of the
went taxes, 1f any, on t e Pr -5 operty which are a lien on the
date of delivery of the Deed to the Redeveloper allocable to
buildings and other improvements which have been demolished o
removed from the Property by the Agency shall be borne by the
Agency, and the portion of such current taxes allocable to the
land shall be apportioned between the Agency and the Redeveloper
as of the date of the delivery of the Deed. if the amount of the
current taxes on the Property is not ascertainable on such date,
the apportionment between the Agency and the Redeveloper shall be
on the basis of the amount of the most recently ascertainable
taxes on the Property, but such apportionment shall be subject to
final adjustment within thirty (30) days after thedate the actual
amount ofsegIr current tv::es ,is. ascertained.
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(2) Evidence satisfactory to the Agency that the interim
mortgage loan to assist in financing the Construction of the
Improvements has been initially closed;
(3) A copy of the contract between the Redeveloper and the
general contractor for the construction of the Improvements,
certified by the Redeveloper to be a true and correct copy
thereof; and
(4) A copy of the contract bond provided by the general
contractor in connection with the aforesaid construction
contract which bond shall be in a penal sum equal to not less
than ten percent (10%) of the contract price under said con-
struction contract, certified by the Redeveloper to be a true
and correct copy thereof.
SEC. 4. TIME FOR COMMENCEMENT AND CMPLETION IMPROVEMENTS.
The construction Of the Improvements referred t0 in Section
301 shall be commenced in any event within six (6) months after
the date of the Deed, and, except as otherwise provided for in
the Agreement, shall be completed within eighteen (18) months
after such Deed date.
SEC. 5 TIME FOR CERTAIN OTHER ACTIONS.
(a) Time for Submission of Construction Plans. The time
within which the Redeveloper shall submit its "Construction
Plans" (as defined in Section 301 hereof) to the Agency in any
event, pursuant to Section 301 hereof, shall be no later than
one hundred twenty (120) days from the date of this Agreement.
(b) Time £or submission Of Corrected Construction Plans.
Ex cept as provided SMS
c) of this section 5, the time
within which the Redeveloper shall submit any new or corrected
Construction Plans as provided for in Section 301 hereof shall
be not later than sixty (60) days after the date the Redeveloper
receives written notice from the Agency of the Agency's re-
jection of the Construction Plans referred to in the latest
such notice.
(C) Maximum Timefox A Yoved Construction Plans. In any
event, the tome within which the Redeveloper shall submit
Construction Plans which conform to the requirements of Section
301 hereof and are approved by the Agency shall be not later
than ninety (90) days after the date the Redeveloper receives
written notice from the Agency of the Agency's first rejection
Of the original Construction Plans submitted to it by the
Redeveloper.
(d) Time for Agency Action on Chance in Construction Plans.
The time wrthxn which the Agency may reject any change in the
Construction Plane, as provided in Section 302 hereof, shall be
forty-five (45) days after the date of the Agency's receipt of
notice of such change.
M
(e) Time for Submission of Evidence of Sanity Capital and
Mortgage F4nanclnq. The time within which t e Redeveloper shall
submit to the Agency, in any event, evidence as to equity capital
and any commitment necessary for mortgage financing, as provided
n Section 303 hereof, shall be not later than sixty (60 )
days after the date of written notice to the Redeveloper of approval
of the Construction Plans by the Agency or, if the Construction
Plans shall be :deemed.. to have been approved as provided in. Section
301 hereof, after the expiration of thirty (30) days following the
date of receipt by the Agency of the construction Plans as deemed
approved.
SEC. 6 PERIOD OF DURATION OF COVENANT ON USE.
The covenant pertaining to the uses
of the Property, set forth
in Section 401 hereof, shall remain i effect from the date of the
Deed until January 22, 2022, the period specified or referred to
in the Declaration of Restrictions or until such date thereafter
to which it may be extended by proper amendment of the Declaration
of Restrictions, on which date, as the case may be, such covenant
shall terminate.
SEC. ]. NOTICES AND DEMANDS.
A notice, demand, or other communication under the Agreement
by either party to the other shall be sufficiently given or de-
livered if it is dispatched by registered or certified mail, post-
ageprepaid, return receipt requested, or delivered personally, and
(1) in the case of the Redeveloper, is addressed to or
delivered personally to the Redeveloper at 502 Stillwater Avenue
Old Town, Maine and
(11) in the case of the Agency, is
addressed to of delivered
Personally to the Agency at City Hall. Bangor. Maine or at such
other address with respect to either such party as that party may,
from time to time, deaignote in writing and forward to the other as
provided in this Section.
SEC. 8 SPECIAL PROVISIONS
SEC. 9 MODIFICATION OF PART II.
The following amendments and modifications are hereby made in
the terms, covenants and conditions forming Pat II hereof
SEC. 10. COUNTERPARTS.
The Agreement is
e. cuted in three (3) counterparts, each of
which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Agency has caused the Agreement to be
duly executed inits n and behalf by its Executive Director
and its seal to be hereunto duly affixed and attested by its
Executive Director I and the
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Redeveloper has caused the Agreement to be duly executed in its
name and behalf by its President and its Corporate seal to be
hereunto duly affixed and attested by its Secretary, on or as
Of the day first above written,
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Attest:
Attest:
Attest:
(Secretary)
A True Copy, Attest:
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(City Clerkl
I6ecretary
In
City
Council
council
order
No-.
Attest:
Attest:
(Secretary)
A True Copy, Attest:
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(City Clerkl
SCHEDULE A
Description of Property
All that certain parcel or parcels of land located in the City
of Bangor, County of Penobscot, State of Maine, more particularly
described as follows:
Lot $103 as shown on Plan of Land entitled "Stillwater Park
Project, Hangr, County of Penobscot, Maim, Urban Renewal
Authority of the City of Bangor, Project Me. R-4" consisting of
nine (9) pages and recorded in Penobscot Registry of Deeds in
Plan Book 24, Pages 1-9 inclusive.
Subject to the following covenants, restrictions and
easements: (if none, so state)
Declaration of Restrictions for Stillwater Park Project,
recorded in Penobscot Registry of Deeds, Vol. 2113, Page 835.
further obligations of the Agency and the Redeveloper
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