HomeMy WebLinkAbout1971-07-26 251-Y ORDER(TITLE.) (orllrrf...... Approvin Proposed coaprant for. sale of Land in. the Stillwater
251-Y
Introduced by Councilor erountae, ,July 26, 1971
CITY OF BANGOR
Renewal Project Parcel Nos 1 -2A -27-156-17B
By the City Council of City of Burger:
ORDERED,
TUT WHEREAS, the Urban Renewal Authority of the City of Bangor proposes
to enter into a contract for the sale of parcel nmbered 1-2A-2]-152 A I 7
in the Stillwater Park Urban Renewal Project with W .iJl _ = cornnra :nu
and
WHEREAS, the said
has offered to pay the Sum of ,
for said parcel , said price being the minimum approved price for said Parcel
as established by the Urban Renewal Authority and approved by the Department of
Housing and Urban Development; and
WHIMS 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; end
WHEREAS, the Urban Renewal Authority has filed a copy of the
proposed contract withWestville Homes Coro . in the office of the City Clark;
NOW, TREREPORE; BE IT ORDERED:
THAT the proposed contract on file with the City Clerk be and
is hereby approved.
T 251-Y
p=GEIVED 1
1971 JUL 22 M 2: 33
CITY CI ERKS OFFICE O RUER
CITY OF RAN -,CR MAIEE S1tie,
Sa}e.4E. }av3. }R.Of}}}gafe:,?eex. Via.„.
IN CITY CWNCIL
TCW 26, 1971
PASS®
CL®tN J/ by
L ......
EOwCilmen
I
� f6
STILLW'ATER PARR PROSECT l % I3
PROSECT NO. ME. R-4
PART I
of
CONTRACT FOR
SALE OF LAND FOR PRIVATE REDEVELOPMENT
(OFFER AND ACCEPTANCE)
By and Between
Urban Renewal Authority of the City of Bangor
and
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
9.
Notices and Demands
5
B.
Special Provisions
5
9.
Modifications of Part ii
5
10.
Counterparts
5
CONTRACT FOR
• _ • inn i•' x • •.yI J e.a: 1
AGREEMENT, consisting of this Part I and Part II (Form
R-62098, 1-69) annexed hereto and made a part hereof (which Part I
and Part II are to oker herein called lled "Agreement"), made
on or as of the / 5 day of JUL •/ 197/ , by
and between the Urban Renewal Author of Ban or, a
public body corporate kwnicn, together wits 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, a
amended (hereinafter called "Urban Renewal Act") and having its
office at City Ball in the City of, pangor (herein £ser called
"C4y"), State of Maine, and the eJ/ ✓/LGE Hd/WEs
hereinafter called the "Redeveloper"
the transaction of business at
WHEREAS, in furtherance of the objectives of the Urban
Renewal Act, the Agency has undertaken a program for the clearance
and reconstruction or rehebilit,tion of slum and blighted are
s
in 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 in 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, Hook 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 healthsafety, 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 and requirements under
which the Project has been undertaken and is being assisted:
NOW, THEREFORE,rconsideration 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,
andd the Redeveloper will purchasertt,he �Prfper ky £r (
the gen y /
f �pA4 therefAi, Wasamount of /%
/ QZLG 400 Dollars $ lmO ),
t Tei after called Purchase Price", to be paid in 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 t e Property by Warranty Deed (hereinafter called "Deed").
Such conveyance and title shall, inaddition to the condition
subseouent 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 to 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 Dee y�ryryand posses
s�§§ on of the Property to the Rede-
veloper on f/T/9 //ST , 19Z, of 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
current taxes, if any, =- the Property w ich are a lien on the
date of delivery of the Deed to the Redeveloper 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 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
rmounE: o£. Snotc.currentt.-ces is. ascertained.
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(d) Recordation of Deed. The Redeveloper shall promptly
file the Deed fox recordation in the Penobscot Registry of Deeds
at Bangor, Maine. The Redeveloper shall pay all costs (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.
(a) Further Obligations of the Agency 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, slivered to
the Agency a good faith deposit of cash or a rti ed phe�k
satisfactory tton. t e Agpppy in the amo�}nt of rc/O Guia[fsA
- i5e C £14k J.,v— Dollars iG4; 00 here-
inaft z ca led— Deposit"; as security for 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 an account of the
Purchase Price as the case may be,i accordance with the
Agreement. The Deposit, if cash orcertified check, shall be
deposited inn 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
the Redeveloper, the amount or the Deposit, made in cash or 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 obligations of the United States, including all
interest payable thereon after such termination, or, if aurety
bond, the proceeds thereof, shall be retained by the Agency eS
provided in Section 703 hereof.
(e) Return to Redeveloper. Upon termination of the Agreement
a provided in Sectio reof, the Deposit shell be returned
to the Redeveloper by the Agency as provided in Section 702 hereof.
If the Agreement shall 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 he a true end
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 lees
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 COMPLETION IMPROVEMENTS.
The construction of the Improvements referred to in Section
301 shall be com maned 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 whi—cB 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 a prOvided ID 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 Plans referred to in the latest
such notice.
(C) Maximum Time for A roved Construction Plans. In any
event, the trine 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 Change in Construction Plana.
The time within 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.
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(e) Time for Submission Of Evidence of E it ca ital and
M'O Age Financing. The time within which the Redeveloper s ali
submrt to the Agency, in any event, evidence as to equity capital
and any commitment necessary for mortgage financ3pl as provided
in Section 303 hereof, shall be not later than
days after the date of written notice to the Redeve per of approval
Of the Construction Plane by the Agency or, if the Construction
Plans shall be deemedto-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 Plana as deemed
approved.
SEC. 6 PERIOD OF DURATION OF COVENANT ON MR.
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. I. 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 reeuested, or delivered personally, are,
( e
In
the case of the Redeveloper,ris alf]rggeedz taoX r/ _
del' d ona1 to t Rede, to at /�O �%
nd
(11) in the case o�ency, is addressed to or 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, designote in writing and forward to the other as
provided in this Section.
SEC. 8 SPECIAL PROVISIONS
Nolle
SEC. 9 MODIFICATION OF TART II.
The following amendments and modifications are hereby made i.,
the terms, covenants and conditions forming Part II hereof
SRC. 10. COUNTERPARTS.
The Agreement is evecuted in three (3) counterparts, each of
which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Agency has caused1ha A��ee �nt to be
?
duly executed in its name and behalf by its _
.n ,pir
3 -,,to 8e31 to be hereunto duly affixed and attested by its
rer4�y0 , and the
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Redeveloper has caused the Agreement to be duly executed in Its nem and behalf
by its President and Its corporate seat to be hereunto duly affixed and
attested by its Secrete", on or as of thee day first above written.
Gvf �� ✓ydr al of/p.ry
(gedeveloper)
9y
(CS estd ant) -
Attest:
(Secretary (Secretary
In City Council Council Order No._
fate
Attest;
Attest/
A True Copy. Attest:
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(Agency)
SCIEDULS A
Description of Property
All that certain parcel or Parcels of landsancated in
npthe particularly
of Bangor, County of Penobscot,
described as follows:
Lots numbered 1, 2A, 27, 156 and 17B as shown on Plan of Land
entitled "Stillwater Park Project, Bangor, County of Penobscot,
Maine, 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
easeventas (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
_7.