HomeMy WebLinkAbout1970-12-14 43-Y ORDER43-T
Introduced by Councilor signey, Oar. 14, 1970
/p CITY OF BANGOR
(TITLE) Mrber,._. Approving Proposed ConTract for. Sale of Lead in the Stillwater
Park Urban Renewal project Parcel No . 6, 137, 138 & 159
BY the City Coastal! Of City OfBaspor.
D6DEPM,
THAT WHEREAS, the Urban Renewal Authority of the City of Bangor proposes
to enter into a contract for the sale of parcel numbered 6, 137 138 & 159
in the Stillwater Park Urban Renewal Project with Westville Homes Corporation
:and
WHEREAS, the said Westville Homes Corporation
has offered to pay the am of Fifty-four Hundred and -----00/100 Dollars
for said parcel , said price being the minima approved price for said parcel
as established by the Urban Renewal Authority and approved by the Department of
Rousing and Urban Development' and
WRISMS under the provisions of Chapter 168 of the Privets and
Special Laws of Hales, 1957, as amended, City Council approval of all contracts
for the sale of land within the project area is required; and
BRERBAN, the Urban Manual Authority has filed a copy of the
proposed contract wlthWestville Homes Corp. in the office of the City Clerk:
Now, THEREFORE, BE IT ORDERED:
THAT the proposed contract on Elle with the City Clerk be and
is hereby approved.
IN CITY C KYWIL
Dec. 14, 1970
PASS®
43-T
ORDER
Ville,
Sale of tend in Stillwater Park U.R.
......................................
..Pioject,Pazn¢1 NAa. 6j 13138 6 159
Lrtrodacend end flied by
RTILLUATBR PARR PRC)BCF
PROJECT NO. ME. R -L
PART I
of
CONTRACT FOR
SALE OF LAND FOR PRIVATE "DEVELOPMENT
(OFFER AM ACCEPTANCE)
BY and Between
Urban Renewal Authority of the Cityof Bangor
am
Westville Homes Cor oration
PART I
CONTINLS
Section
Page
1.
Sale: Purchase Price
Z
4.
Conveyance of Property
2
S.
Good Faith Deposit
5
4.
Time for Covaancement and Completion of Improvements
4
5.
Tine for Certain Other Anions
4
6.-
Period of Duration of Covenent on Use
4
).
Notices and Demmnds
5
B.
Special Provisions
5
9.
Modifications of Part II
5
10.
Counterparts
5
CONTRACT FOR
SALB OF LVID FOR PRIVATE REOEVELCHTENT
AGREEMENT, consisting of this Par[ I And Par[ 11 (FOM H-61090, 1-64)
annexed hereto and made a part hereof (which Part I and Part I1 ere together
hereinafter called "Agreement"), made on or as of the is
_Deaemb day of
19]0, by and between the Urban Renewal Authority f
the City ofBanSor, a Public body corporate (which, together with
suc-
cessor public body or officer hereafter designated by or pany w.
to
hereinafter called "Agency"), Bendy"), established pursuant to Chaptterer 1 16868 to Law, of the Private
and Special Laws of the State of Mine, 1957, as amended (hereinafter called
"Urban Renewal Act") and laving its office at City Hall in the City of Bangor
(berm nafter called 'City")' State Of Hain°, and the Westville
Homes Corporation
'a corporation organized
and existing under the leve
Of the State of Delaware
hereLwfcer called "Redeveloper") and having an office for the transaction
of business at Box &1
in the City of Plaistow
and State of New Hamoe County of --
-�_. WITNESSETH:
WHEREAS, In furtherance of theObjectives
Agency has undertaken a program for thelearance code Urban Rmewl pct, the
habilitation of alum and blighted areas to the Citand
a one thus cion o re-
habilitation
r°° y, andtin this
connection
Park Vrban Renewal yProject' (hereinafteOut an urban rcalledal l eProkeown rte the "Stillwater
inafter called "Project Area") located In the City; ands) in an area (here-
to WNRRFAS. the Agency hag Offered to Bell and the Redeveloper is willing
ty
Marty described in ReM1edulappraMe Andheretoet tan Project Area and more which -
property as o desczlbetl 1s hArai tercalled "Property")de a pend hereof (bleb
the Property for and Iv accordance with the a and to edevelop
of Restrictions roxtled In Penobscot Reglatryeofs0eetls,ed in Book lM 3Declaration
aM In accordanceewith [he agreement' and Page 835
WHEREAS, the Agency bell eves that the redevelopment of the Or try pur-
suant to the Agreement, and the
the vital and fulfillment generally of the Agreementbeat Interests of the City And the health, are in
safety, morals,
, and
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welfare of its residents, And in Accord with the public purposes and provisions
of the applicable Federal, State, and local laws and requirement. under which
the Project has been undertaken and is being Assisted:
NOW, THEREFORE, In consideration of the promises and the mutual oblige -
clone 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, covenant, and Conditions of the Agreement,
the Agency will sell the Property to the And
for, and the Redeveloper
will Purchase the Property from the AAency and pay therefor, the Amount of
Fifty-four Hundred and 00/1000 Dollars ($5 400.00 )
hereinafter called 'Purchase Price", to be Paid in cash or by certified check
a imultnecusly with the delivery of the deed comveyin the Property to the
Redeveloper.
SEC. 2. CMEPAECH OF pROMRTY.
(a) yotm of peed. The Agency shall convey to the Redeveloper title to
the Property by Warranty Ned (hereinafter called "Wed"). Such conveyance
and title shall, In addition to the condition subsequent provided for in
Section 204 hereof, and to all other conditions, covenants, and restrictions
r
set forth o referred to elsewhere 1n the Agreem¢nt,be subject to the terms,
If Any, set forth on said Schedule A, attached hereto.
(b) Tim _and Place for Deliver f Deed. The Agency shall deliver the
Wed and poaseaslun of the Property to the Redeveloper on December 15
1910, of on each earlier date an the parties hereto may mutually agree in
writing. Conveyance shall be made at the principal office of the Agency And
the Redeveloper shall accept Duch conveyance aha pay to the Agency At such
time and place the Purchase Price.
(c) AppoRionswent of Current Taxes. The portion of the current texas,
rn
if any, on the Property which a • A lien n the data of delivery of the peed
to the Redeveloper al Locable to buildings and other improvement, which have
been demollaand Dr removed Eton the Property by the Agency shall be borne by
the Agency, d the portion of such current taxes allocable to the land shalt
be apportioned between the Agency and the Redeveloper as of the data of the
delivery of the Deed. If the amount of the current taxes on the Property to
not ascertainable on such date, the apportionment between the Agency and the
Redeveloper shalt be on the basis of the amount of the moat recently ascer-
tainable taxes on the Property, but such apportioumsnt shall be subject to
final adjustment within thirty (30) days after the date the actual amount of
such current [axes is ascertained.
(d) Recordation of peed. The Redeveloper shall promptly file the
peed for recordation in the Penobscot Registry of Weds at BaORar, Heine.
The Redeveloper shall pay all costa (including the cost N the Federal
documentary staff tax on the Deed, for which scarps in the proper amount
shall be affixed to the Wed by the Redeveloper) for so recording the peed.
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(a) Further Obligations of the Agency and the gedevelopar.
See Schedule A.
SEC. 3. &000 FAITH DEPOSIT.
(a) Am_unt. The Redeveloper has, prior to or simultaneously with the
execull on of the Agreement by the Agency, delivered to the Agency a good faith
deposit of cash ora certified check satisfactory to the Agency in the amount
Of Two Hundred Seventy d 00/100 Dollars
0 200.00 ), hereinafter called 'Deposit", as security
for [he Performa Ofof the obligations of the Redeveloper to be Performed
Prior to the return of the Deposit to the Redeveloper, or Its retention by
the Agency as liquidated damages, or Its application onaccount o4 the
Purchase Price, as the case may be, in accordance with theAgreement. The
Deposit, If cash or 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 obllSation to pay o
interest a the0 posit, but If interest is payable thereon such Interest
rn
when received by the Agency shall be promptly paid to the Redeverloper.
(c) Apo l lest ion to Pu h 1 Upon written request of the
Redeveloper, she a unt of the Oepoeiq made in cash or by certified check,
shall be app l led o punt o4 the purchsee Price at the time payment of the
Purchase Price is made.
(d) Retention by Agency. Upon termination of the Agreement as provided
in Section 703 hereof, the )epoeit, 1f cash '
sh, or bonds or a lmLlar obligations of
the United States, including all interest payable thereon after such
rmftutLon, Or, If a surety baud, the proceeds thereof, shall be retained
by the Agency as provided in Section 703 hereof.
(e) Return to gedevelopgr. Upon termination of the Agreement a
provided In Section 702 hereof, the Deposit shall be returned to the Redevetoper
by the Agency as provided In Section 702 hereof. if the Agreement shall not
have been terminated as in Section )V2 or 703 hereof provided the
ency
shall return the Deposit to the Redeveloper upon receipt by the Agency of
owing:
(t) 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 (ae defined
in Section 301 hereof), certified by the Redeveloper to be A
true and correct copy or copies thereof;
(11) Evidence satisfactory to the Agency that the interim mortgage
loan to assist in financing the construction of the Improvements
has been initially closed;
(iiL) A copy of the connect 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
(tv) A copy M
Of the contract band provided by the general contractor
In Connection with e aforesaid construction act which
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bond shall be in a penal sum equal to not less than ten
percent (10x) of the contract price abler said construction
correct, certified by the Redeveloper to be a true and
correct copy thereof.
SRC. 4.. TNffi FOR CQDD:NCFMRNT AM COMPLETION OF 1MPRWFryyNTS.
The construction of the improvements referred to in Section 301 hereof
shall e c sconced in any event within six (6) months after the date of the
e
Deed, nd, except as otherwise provided in the Agreement, shall be completed
Within eighteen (18) months after h Deed date
SRC. 5. TLYR AOR CERTAIN OfRRR ACTIONS.
(a) Time for Submteafon of Cona truc tion plane. The time Within xhich
the Redeveloper shall evbmft its Construction Plane" (as defined in Section
be hereof) to n 0 8 hundred
any event, pursuant t^ Section 301 hereof, shall
6e n later than tie huMr¢d twenty (120) days from the date of this Agreement.
(b) Time for Submission of Corrected Construction Plans, Except as
Provided in Paragraph (c) of this Section 5, the time within which the
Redeveloper shall submit any now or corrected Construction Plane 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
rejection of the Construction Plane referred to in the latest such notice.
It) Maziaam Time for p roved Construction Plana. In any even[, [he
time Witt remeM1 the Redevelop¢[ Shell subatt Construction Plans Which conform
be the later than
ninety
Section 301 afterf and a approved by the Agency shall
e not later than ninety (SO) days after the dace _ 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.
(dv Time for AeetmvCoarse
xi Min h h h An ey may tion[[ any ch Plans. The time
Provided in Sectio ]DE hereof, shall be forty-five e(45)edays rafter PlaneLon the date
Of the Agency's receipt of notice of such change.
(a) DOW fr Cubmfaa f coital and barrages
in any ev. The time Within
awhlch the Redeveloper i^ ^Y even[, evidence as to aqui[ per sh Ill submit to the Agency,
mortgage (f,u y capital aha Any -(Sentiment ameeeary for
fifteen financing, ee provided to Sact ion JOJ hereof, f, shell be not laser then
Redeveloper of approval ( 15 ) days after the date of mitten notice to the
Construction PlansShallbe rdeemehe d Stouhave^been a pr s by the Agency ^q if the
301 hereof, after the expfze[ton of chic[ ppr rved a provided In Section
receipt by the Age the
of the Construction Plans soydaem¢d following
appr the dace of
approved.
SEC. 6. PERIOD OF DURATION OF COegNAM ON USE.
The coutunnot Pertaining to the use of the Property, Set forth in Section
P
401 hereof. Shell remain In effect from the date of Lhe Ned until January 32,
-4-
2022, time period Specified or referred to in the Declaration of Reetrietions
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 delivered if it is
dispatched by registered or certified mall, postage prepaid, return receipt
requested, or delivered personally, and
(1) in the ea of the Redeveloper iS addressed to or delivered
Personally to the Redeveloper at Box #1
Plaistow. New Hampshire
and
ti) In the caof the Agency, is addressed to or delivered
personally to the Agency at City Mall, Bangor, Maine
or at such other address with respect to either path party
as that party may, from time to time, designate in writing
and forward to the other as provided in this Section.
SEC, R. SPECIAL PROVISIONS
None
SM. 9. MODIFICATION OF PART II.
The following amendments and modifications are hereby made in the terms,
covenants. and conditions forming Part It hereof
SEC. 10. COUNTERPARTS.
c one tTr
heAgreement is executed in three (3) counterparts, each of which shall
and the same instrument.
IN WITNESS NNESECE, the Agency has caused the Agreement to be duly
executed in its name and behalf by its Ba,
da, t'
and Its Beal to be hereunto duly affixed and
attested by its _Execut'
and the
.5-
r=dr.cu:nper has caused the Agreement to be duly executed iu its name and hexa It
by its President and its corporate seal to be hereunto duly affixed a l
attested by its Secretary, on or as of the day first above written.
BX
//%(9Je�dpevelo/p/ec�,j
(Pr sidene) i�
Attest
in City
Council
Council
order
No.
jite
Attest:
Attests
(Secretary)
A true Copy, Attest:
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(City Clerk)
(Agency)
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:
Lots numbered 6, 137, 138 and 159, as shown on Plan of Land
entitled "Stillwater Park Project, Bangor, Penobscot County,
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 1-9c 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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