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HomeMy WebLinkAbout1971-04-12 162-Y ORDER162-Y Introduced by Councilor Baldacci, April 12, 1971 CITY OF BANGOR (TITLE.) (Driterp--App wing Proposed Conprart for. sale of Land in the Stillwater Perk Urban Renewal Project Parcel N®. 101, 107, 108 & 109 BY the City Council of CIA City ofBanpos: .ORDERED, THAT WHEREAS, the Urban Renewal Authority of the City of Bangor proposes to enter into a contract for the sale of parcel numbered 101, 107, 108 & 109 in the Stillwater Park Urban Renewal Project with Eremita & ValleV. Inc. and WHEREAS, the said Exem_ita & Valley, InC. has offered to pay the sum of FOUr Thousand, Nine Hundred and 00/100 N011a Is for said parcel , said price being the minims approved price for said parcel as established by the Urban Renewal Authority and approved by the Department of Housing and Urban Development; and WHEREAS under the provisions 0f Chapter 168 of the Private and Special Lave of Maine, 1957, as amended, City Council approval of all contracts for the sale of land within the project area is required; and WHEREAS, the Urban Renewal Authority has filed a c0py of the proposed contract with Eremite & Valley, Inc.In the office of the City Clerk; Now, THEREFORE, BE IT 06DERE0: THAT the proposed contract on file with the City Clerk be and is hereby approved. CEI V162 -Y AE� 1911 APR'g 4'37 ORDER Clw rr e Rx,OAOMP1 EE -nt),e, Sale of Land in Stillwater Park M ...................................... IN CITY COQ XL April 12, 1971 Parcel Nor 101,10],108 S 109 .............................. PASSED........ CITY CBRK IntiOfi�x.(ledd =d ftled by STILLWATER PAM PROJECT PROSECT NO. M. R-4 PART I of CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT (OFFER AND ACCEPT E) Ey and Between Urban Renewal Authority of the City of Bangor and EREMITA 6 VALLEY 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 7. Notices and Demands 5 B. 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-62093, 1-64) annexed hereto and made a part hereof (which Part i and Part II are together hereinafter called "Agreement"), made an or as of the 26th day o£March 197 by and between the urban Renewal Authorit of the Cit of Bangot, a public body corporate which, to er with any successor public body or officer hereafter designated by or pursuant to law, is hereinafter called "Agency"), established pursuant to Chapter 168 of the Private and Special Laws of the State of Maine, 1957, as ended (hereinafter called "Urban Renewal Act") and having its office at City Hall in the City of Bangor (hereinafter called "City"), State of Maine, and the Etemita & Valle Inc. a c8rporat on organised and fisting under the laws of the State of Maine hereinafter called the "Redeveloper") and having an 'office for the transaction of business at 39-43 Broadlawn Drive in the City of Brewer County of Penobscot , � and State WITNESSETH: WHEREAS, in furtherance of the objectives Of the Urban Renewal Act, the Agency has undertaken a program for the clearance and reconstruction or rehebilibtion of slum and blighted a 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, -1- and in accord with the public purposes and provisions of the applicable Federal, State, and local laws and requirements under which the Project has been undertaken and 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 ofFour Thousand ,, Nine Hundred and - 00/100 Dollars ($ 4D , hereinafter called "Purchase Price", to be paid 1n cash or by certified check simultaneously with the delivery of the deed con- veying the Property to the Redeveloper. SEC. 2. CONJEYANCE 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 m the terms, if any, set forth on said Schedule A, attached hereto. (b) Time and Place fox Delivery of Deed. The Agency shall deliver the Deed and possession o£ the Property to the Rede- veloper on N , 1971 'or on such earlier date as the parties hereto may mutually eg ex e i writing. Conveyance shall be made at the principal office of theAgency 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 current taxes, if any, on the Property which are a lien on the data of delivery of the Deed to the Redevel Dper allocable to buildings and other improvements which have been demolished or removed from the Property by the Agency shall be borne by the Agency, and the portion of such current ta:.es 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 ascertalnable 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 .mouse:of sneR.current tries is ascertained. -2- (d) Recordation of Deed. The Redeveloper shall promptly file the Used for recordation in the Penobscot Registry of Deeds at Bangor, Heine. The Redeveloper shall pay all costa (including the cost of the Federal documentary stamp tax on the Deed, for which stamps in the proper amount shall be affixed to the Deed by the Redeveloper) for so recording the Deed. (e) F th Obl' t' f theA and the Redeveloper. See Schedule A. SEC. 3. GOOD FAITH DEPOSIT. (a) Amount. The Redeveloper has, prior to or simultaneously with the execution of the Agreement by the Agency, delivered to the Agency a good faith deposit of cash or a certified check satisfactory to the Agency in the amount of Two Hundred %prtv-fiye and -------------00/100 Dollars ($245 Onote- nafter called "Deposit", as security fox the performance of the obligations of the Redeveloper to be performed prior to the return of the Deposit to the Redeveloper, or its retention by the Agency s liquidated damages, or its application on account of the Purchase Price as the case may be, in accordance with the Agreement. The Deposit, iE cash ox certified check, shall be deposited in an account of the Agency in a bank or trust company selected by it. (b) Interest. The Agency shall be under no obligation to pay or earn interest on the Deposit, but if interest is payable thereon such interest when received by the Agency shall be promptly paid to the Redeveloper. (c) Application to Purchase Price. Upon written request of m the Redeveloper, the amount Or the Deposit, made in cash ox by certified check, shall be applied on account of the Purchase Price at the time payment of the Purchase Price is made. (d) Retention by Agency. Upon termination of the Agree- ment as provided in Section 703 hereof, the Deposit, if cash, or bonds or similar oblig.tions of the united States, including all interest payable thereon after such termination, or, if a surety bond, the proceeds thereof, shall be retained by the Agency as provided in Section 703 hereof. (a) Return to Redeveloper. Upon termination of the Agreement s provided in Section 702 hereof, the Depos i[ shell be returned to the Redeveloper by the Agency as provided in Section 702 hereof. If the Agreement shell not have been terminated as in Section 702 or 703 hereof provided, the Agency shall return the Deposit to the Redeveloper upon receipt by the Agency Of the following: (1) A copy of the commitment or commitments obtained by the Redeveloper for the mortgage loan or loans to assist in financing the construction of the Improvements (as defined in Section 301 hereof), certified by the Redeveloper to be a true and correct copy or copies thereof; (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 (30%) of the contract price under said con- struction contract, cert=fied by the Redeveloper to be a true and correct copy thereof. SEC. 4. TIME FOR COMMENCEMENT ANO COMPLETION IMPROVEMENTS The construction of the Improvements referred to 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 Plane. 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 for Submission of Corrected Construction Plans. Ex cept as provided in Paragraph (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 Plane referred to in the latest such notice. (C) Max um Time £or A4proved Construction Plans. In any event, the timewithin 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 Change in Construction Plans. The time within which the Agency may reject any change in the Construction Plans, 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. -4- (e) Time for Submission of Evidence of Sanity Capital and MOrtgage �. The time within which the Redeveloper shall submit to the Agency, in any event, evidence as to sanity capital and any commitment necessary for mortgage f_nancing, as provided in Section 303 hereof, shall be not later than ( ) days after the date of written notice to the Redeveloper of approval of the Construction Plane by the Agency or, if the Construction Plans shall be deemedtohave 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. b PERIOD OF DURATION OF COVENANT ON USE. The covenant pertaining to the uses of the Property, set forth in Section 401 hereof, shall remain in 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. 7. 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- age prepaid, return receipt recuested, or delivered personally, and (1) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper at39-43eroadlawn Uri me Brewer, Maine and (11) in the dead of the Agency, isaddressed to or delivered personally to the Agency at City Hell Bangor, Maine or at such other address with respect to either such party as that party may, from time to time, design.,te in writing and forward to the other as provided in this Section. SEC. 8 SPECIAL PROVISIONS NONE SEC. 9 MODIFICATION OF FART 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 executed in three (3) counterparts, each of which shall constitute one and the same instrument. IN WITNESS NEEREOF, 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 and the -5- Redeveloper has caused the Agreement to be duly executed in Its name and behalf by its President and 1=s corporate seal to be hereunto duly affixed and attested by its Sectors", on or as of the day first above written. Esemita b Valley, Incoxpoiated (Redeveloper) BY TR2 i (Presia ) Attest: (Secretary In City Council Council order No._ Jabs Attest; Attest; (Secretary) A True Copy, Attest: -6- (City Clerk) (Agency) 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: Stillwater Park Project, Me. R-4 Parcel NOS. 101, 107, 108 a 109 Subject to the following covenants, restrictions and easements: (if none, so state) Subject to telephone easements at rear of property. further obligations of the Agency and the Redeveloper 7