HomeMy WebLinkAbout1970-12-28 66-Y ORDERIntroduced by Councilor Rooney, 66-Y
Dec. 26, 1970
CITY OF BANGOR
(TITLE.) (Prbtr£...... Approving Proposed Contract for Sale of Land in the -Stillwater
Park Urban Renewal Project Parcel No 13
By the City Corned of the City of satwo
ORDERED,
THAT WHEREAS, the Urban Renewal Authority of the City of Banger proposes
to enter Into a contract for the sale of parcel numbered 13
in the Stillwater Park Urban Renewal Project with Perry S. Watson
; and
WINNERS, the said Perry S Watson
has offered to Pay the um of Six Hundred and 00/100 Dollars ($600.00)
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 Development; and
WINRPAS under the provisions of Chapter 168 of the Private and
Special Leve of Maine, 1957, as anemed. 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 copy of the
Proposed contract with Perry S. Watson in the office of the City Clark;
NON, MURDER, BE IT ORDERED:
THAT the proposed contract on Elle with the City Clerk be and
is hereby approved.
66-Y
�'ECE/VED
1370 DEC 23 IT! 4.. 04 OAOER
Clay -
v NChERNrS OFFICE TMeo
R MAINE
..4e1e.9{,y9a ?p n?uwac� Part v.x.
IN CITY CW 11,
28, 1970
PASSID
Pioimt - PazCel NOS 13.
/A/-�(%� E(yv�J�J4oaucea avd rues by
STILLWAIER PAK PROL?RI'
PROJECT NO. ME. R-4
.. ..
PART I
of
CONTRACT FOR
ME OF LAND FOR PRIVATE REpEVELOPMENT
(OFFER ANO ACCEPTANCE)
BY AM Between
Urban Renewl Authority of the CLty of
and
PERRY WATSON
PART I
CONTENTS
Section
-
page
1.
Sale: Purchase Price
f
E.
Conveyance of Property
E
J.
Good Faith Deposit
l
4.
Time for Comsencement and Completion of Improvements
4
5.
Time for Certain Other Actions
4
6.
Period of Duration of Covenant on Use
4
>-
Noticed and Demands
5
8.
Special Provisions
5
9.
Motl ifications of Part II
5
10.
Counterparts
5
CONTRACT FOR
SALE OP LEND FOR PRIVATE "DEVELDIMET
AGREEMENT, consisting of this Part I and Part 11 (Form H-62090, 1-64)
annexed hereto add made a part hereof (which Pert I and Pert 11 are together
hereinafter called 'Agreement"), made on or as of the 22nd
December day of
----.��,aP blit by and between the Urban Renewal Authority f
the City of Danger,e public body corporate —�-
(wh1cM1, together with any su
ceeeor Public body or officer hereafter designated by or pursuant to lav, is
hereinafter called "Agency"), established pursuant to Chapter 160 of the Private
and Special Lava of the State of Mein,, 1957, as amended (hereinafter called
"Urban Renewal Act") and having 1[s office at City Hall in the City of ganger
(hereinafter called "City")' State of Main*, and the perry
S. t
IXEXXXX
t'kJt;Fk*5C4:kt9 •xc>c�FaraWamwrgemlm®lx
xM'ki5(i:h�AeO{AAkMt([Rhp[t�R�� _
M1erelnefter called "Reaevel Oper") and having an Office for the transaction
of business at Munee Avenue
In the City of Livermore Falls
County of AndrOscOggin —
.Ind State of Maine i
blyxsSSFIM:
WNPRBAS, in furtherance of the objective^ of the urban Renewal Act, the
Agency Itis undertaken a program for the clearance and reconstruction o
habilitation of alum and [lighted areae In the CitY, and in this connection
is gaged in carrying o urban renewal project known as the "StlllWAter
Park Urban Renewal Projec['a(hereinafter called °project") in an ata here-
inafter called 'Traject Arca") located in the City; and
to HHERFAS, the Agency has offered to sell and the Redevel Dper is willing
Purchase certain
real pleprty located in the Project Area and more pertic-
ala Pudescribed y in annexed hereto And made
Property as so described is hereinafter called "Property,,),,pare hereof (el
the PropurtY for and in accordance vLth the v ^d to redevelop op
Of Restrictions rate In Penobscot Restarry of Deeds, iBook 2d in 113 Page Declaration
andin accordance with the agreement' end
HpERFAS, the Agency believes that the redevelopment of the Property pur-
thanviul nndAgreement,
bm[ interests the
of the Cl fulfillment generally of the pgteamenc, eare t"
Y add the health, safety, rale, AM
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welfare of its residents, and in accord with the public purposes and provlgiona
Of the applicable Federal, State, and local lave and r,quiremants under which
the Project has been undertaken and t@ being assisted:
NOW, THEREFORE, in consideration of the premises and the mutual obliga-
tions of the parties hereto, each of them does hereby covenant and agree with
the other as fell we:
SEC. 1. SALE: PBRCRASE PRICE.
Subject to all the Carew, 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
Six Hundred and ------____00/100 feltars (9600.00
here
simultaneously
called 'the hakedeli ery of he de paid ve cash he by perttf led check
Radeltaooeuely witM1 the delivery of the deed conveying the Property to Me
Rad eve leper.
SEC. 2. CCHVMWS OF PROPERTY.
(a) Tom Of Deed. The Agency shall convey to the Redeveloper title to
the Property by Warranty peed (hereinafter called "Geed"). Such conveyance
and title shall, in addition to the condition subsequent provided for in
Section 704 hereof, and to all other conditions, covenants,
nants, and restrictions
r
Net forth o referred to elsewhere in the Agreement, be subject to the terms,
if any, get forth on said Schedule A, attached hereto.
(b) Tim and A�Flacefor f Ned. The Agency shall deliver the
Ned and pesse9aton of the Property to the Redeveloper on January 10,
ISTl, or on Both earlier date as the parties hereto may Mutually agree in
writing. Conveyance shalt 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. She Portion of the current taxes,
If any, on he Property which are a lien on the date of delivery of the peed
t0 the Redeveloper allocable to buildings and Other improvements which have
been demolished Or removed from the Property by the Agency shelf be borne by
the Agency, and the portion of such carrent taxes allocable to the land shall
be apportioned between the Agency and the RedeaneLop(r as of the date of the
delivery of the Deed, if the amount Of the current taxes on the Property to
not ascertainableOn such date, the apportionment between the Agency and the
Redeveluper Boat be on oho basis of the amount of the most recently e
er-
tainable taxes on the Property, but such appartiOr nt shall be subject to
final adjustment within thirty (30) days after the date the actual amount of
such current taxes is ascertained.
(d) Recordation of peed. The Redeveloper shall promptly file the
Beed for [ Ordation In the Penobscot Registry O£ aced@ at Ba
The Redeveloper shall g y eget, Maine.
tlocmmnnr et pay all costs (including the cost a the pedant
shall be affixeedtoathe nNed by the Cho Redd, for eveloper) ich etampa Ino trecor he pe[ _ amount
pax) for a ding the Dead.
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(a) Purhher i)b l 'Rations of the Age and the Red v l
See Schedule A.
SEC. 3. GOAD FAITH DEPOSIT.
(a) Amount. The Redeveloper has, print to at simultaneously With the
execution of the Agreement by the Agency, delivered to the Agency a good faith
deposit of cashof ecertified check satisfactory to the Agenc in the amount
of Thirty and ----------------------------------00 00 Dollars
hereinafter called 'Deposit", as maturity
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 as liquidated damages, or Its application o account of the
Purchase Price, as the c may be, in accordance with theAgreement. The
Deposit, If cash or certified check, shall be deposited in an account of the
Agency 1n a bank or cruet campeny selected by it.
(b) Interest. _ The Agency shall be under no obligation to pay or earn
inter eat on the Deposit, but if interest is payable thereon such interest
When received by the Agency shall be promptly paid to the Redeverloper.
(c) Avolkation to Purchase Px is Upon written request of the
Redeveloper, tM1e amount of [M1e DepoHc, made 1n cash or by certified check,
shall be app l led a a un[ of th< Pvtchasa Price at the time payment of the
Purchase Price is made.o
(d) Retention by Agency. Upon semination of the Agreement as provided
in Section 103 hereof, the F>eposit, If cash, or bonds or similar obligations of
the United States, including all interest payable thereon after such
termination, or, if a surety bodd, the proceeds thereof, shalt be retained
by the Agency as provided In Section 703 hereof.
(a) Return to Redevelop.Upon termination of the Agreement a
provided In Section 702 hereof, the Deposit shall 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:
(I) A copy of the commitment Or osmiamente obtained by the
Redeveloper for the mortgage loan or loans to sextet in
financing the construction of the Improva s (as defined
in Section 301 hereof), certified by theRedeveloper to be a
true and correct copy or copies thereof;
(11), Evidence satisfactory to the Agency that the interim mortgage
Ivan to assist in financing the construction of the Improvements
has been tnit felly closed;
(111) 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
(Iv) A copy of the contract bond Provided by the general contractor
in connection with the aforesaid construction contract which
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bond shell be in a penal a equal to not less than ten
percent (10'%1 of the contract price under said construction
contract, certified by the Redeveloper to be a true and
correct copy thereof.
SRC. 4.. TIME POR COMENCO3NT AM COMPLETION OF IMPROVEMRNTS.
The construction of the Improvements refereed to in Section 301 hereof
Dead` beSligcommented 1n any event within six (6) months after the date of the
except as otherwise provided in the Agreement, shell be completed
within eighteen (18) months after such Deed date.
SEC. 5. TIM FOR CERTAIN OTHER ACTIONS.
(a) Time for Subl ion of Construction Plane. The time with thly which
Me Redeveloper shall submit its
Construction Plane^ (as defined in Section
lel o reof)later to the Agency in any event, pursuant to Section 301 hereof, shall
be no later cM1en one hundred twenty (120) days from the dace of this Agreement.
(b) Time for SubmissiOn OfCorrectedgxcept a$
provided l Paragraph (c) of this Section 5, [he time wl chin which the
Redeveloper sMiI submit any new ofrrected Construction Plans as provided
(Or in Section 301 hereof Shull 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 Plans referred to in the latest slash notice.
(c) Neximem Time for Aoorov d C Plans. In any even[, the
time frills which the for
shall submit Cove [cue tl on plane which conform
M
o the requirements of Section 301 hereof and a approved by the Agency shall
be not later an ninety (90) days after the date the Redeveloper
receive, written notice from the Agency of the Agency's firs[ rejection of
the original Construction Plane submitted to it by the Redeveloper.
Idwill Ung -for An Set
withinh he
tAgency may reject 1 She time
any change in the Construction Plans, a
Provided in Section 302 hereof, shall be forty-five (45) day$ after rhe date
Of the Agency's receipt of notice of such change.
(e) Time for s,mmm f f aeittal and Mortgage
financing. Tine ice vi th in vhlch Me Redeveloper eh II3 Submit to the
in any vent, evidence ns [o equf[y cepl [al and Agency'
martgngev[Inanein any condiment necessary for
th'rt 8• ee provided In Section 303 hereof, shelf be not $later than
Re pec of 1 30 ) days after the date of written notice t0 the
Cons true tion Plane reM 11 obs to Construction Plains by the Agency or. if the
3pl he r en[, s[ea[ [he e'ned to have been aper rved as provided in Section
receipt by the p expiration of thirty (30) days following the dace of
Agency of the Construction Plans es deemed approved.
SV:C. 6. PERIM OF DURATION OF COVENANT ON USE.
The
covenant remaining to the use of the Pcoperry, sec forth in Section
401 hereof. Shall remain In effect from the date of the Deed until January 22,
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2022, the period specified or referred to in the Declaration of Restrictions
or MILLI such date thereafter to which 1t may be extended by proper amendment of
the Decinraeion of Restrictions, on which dace, ae she case may be, such
mrveneot shall terminate.
sEc. ). NOTICES AND DEMANDS.
A notice, demand, orother communication under the Agreement by either
Percy to the other shall be sufficiently given or delivered If it is
dispatched by registered or certified mail, postage prepaid, return receipt
requested, or delivered personally, and
(i) in the case of the Redeveloper' Ie addressed to or delivered
Personally to the Redeveloper at
Muna� Avenue
Livexlnore Fa lla Mame , and
(ii) In the Cass of the Agency, is addressed to or delivered
Personally to the Agency at City Bell, Bangor, Mein
at such other address with respect to either path party
as that petty may, from time to time, designees, in wetting
and forward to the other as provided in this Section.
SEC. B. SPECIAL PROVISIONS
NONE
BF.C. 9. MODIFICATION OF PART II.
The. following Amendments and modifications are hereby made in the terms,
covenants, and conditions forming Part II hereof
SCC. 10. COUNTERPARTS.
The Agreement is executed to three (d) counterparts, each of which shall
constitute one and the eeme Instrument.
IN WITNESS WHEREOF, the Agency has caused the Agreement to be duly
executed In its name and behalf by Its Assistant Executive Director
and its seal to be hereunto duly affixed and
aLteated by Its Assistant Executive Director
and the
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Ill m lops. has caused the Agreement Lobe duly exewted in its name and In -hall
by its prrsydent and Its corporate seal to be hereunto duly aftlx I and
.u.resteal by its Secretary, on or as of Ole
day
y�first , above written.
kftelevelopec
By l J w,� _
(President) -----
Attest:
(Secretary
In City Council Council Order No.
'ste
Attest:
(Secretary)
A True Copy. Attest:
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SCIIGINLE A
Description of Property
All rM1:1L certain parcel Or parcels of land located in the City of Bangor, County
Of PennbemR. State of Maine, more Particularly described as follows.
Lot numbered 13, 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 1-9 inclusive.
Subject to the fallowing 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.
Lmuhm obligations of the Agency and the Redeveloper.
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