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HomeMy WebLinkAbout1971-02-22 110-Y ORDERuo-y Introduced by Councilor Mooney, Feb. 22, 1971 p' CITY OF BANGOR ME.) IB)rbfr,_.. Approving Proposed Contract for. sale of Lam In, the Stillwater Park Urban Renewal project Parcel No By ihs ate Cou eii of W sty of Bowser: ORDERED, TUT WILLREAS, the Urban Renewal Authority of the City of Bangor proposes to enter into a contract for the sale of parcel numbered 48 In the Stillwater Park Urban Renewal Peoject with Jeanne P. Whitten ;am WHEREAS, the said Jeanne P. Whitten has offered to pay the am of Eight Hundred and 00/100 Dollars (SR00001 for said parcel said price being the minlman approved price for said parcel as established by the Urban Renewal Authority and approved by the Department of Rousing and Urban Development; and WHEREAS under the provisions of Chapter 168 of the Private and Special Laws of Naine, 1957, as ememed, City Council approval of ell contracts for the sale of land within the project area is required; and WEEMS, the Urban Renewal Authority has film a copy of the proposed contract wlthJeanne P. Whitten in the office of the City Clark; NOW, THEREFORE, BE IT CRIME: THAT the proposed contract on file with the City Clark be and is hereby approved. STATEMENT UP FACT Approval required by Urban Renewal legislation. I 110-Y RECEIVED 1971 FEB i8 4N II: 07 ORDER CITY CLERK'S OFFICE Title, 'ITY or 5A4COR MAINE Feb. 22, 1971 PASSM ar sale o£ Lard in Stillwater Park U.R. ..................................... Pi o�ect .- .. Parcel N1. 48 ..... .. ........................... In(ItrodduAced end filed by CC\\II fffVVVIII ,y CounciLven i Revised April 16, 1943 CONTRACT FOR SALE OP LANG (DEMUR ARU ACCSPPARCE) STL)d.RATBR PARR PROdBCT PROJECT NO. M8. R4 Date 70 To: Urban Renewed. Authority of the City of Banger ("Seller") City Ball gauger, Main CaseR: herein called "B r," offers to buy, subject to the team sat forth penin, the following described land: I Lot num�ibered F1 as show an Plan of land entitled "Stillwater Park Project, Bangor, Penobscot County, Nate, Urban Renewal Authority of the City of Sensor, Project W. R-4" Heisting of nice (9) "Sea and recorded in Penobscot Registry of Deeds in Plan Do* Vag _L to 9 inelueive. 2. Buyer will pay /94 tili/2r�43c.7 6>�� ��� Dollars (� y .4 for said lend in cash within one hundred and twenty (12e) days after the occeptonee of this offer by Seller. no Authority my grant additional elm upon written request fear the Buyer. . 3. Conveyance of said land shall be wade by warranty Beed, subject to all assurance of record, the Declaration of Restrictions for Stillwater Perk Project. Bangor, Maim, R-4, which we conceded in Peirce 2)13, page 385 of Penobscot Registry of Deeds, and to these conditions set forth hereimfter to which Buyex expressly agrees. (a) (i) no Buyer herein covenants by and for himaelf, his belts, executors, administrators and assigns and all persons claiming under or through thm, that Buyer a" such hetes, executors, administrators and assigns and all pereom claiming under or through than shall: (1) Devote the Property to and only to and in accordance with the uses specified in the Declaration of Restrictions and as it my be here- after wended from tiro to tier} (2) Not discriminate upon the basis of race, color, Creed *r national origin in the sale, lease or rental a in the we Ag occupancy of the Property or any Improvements erected or to be erected thereon, or any Part thereof. (ii) It is intended and agreed that the agreements and covenants provided In this section shall be nonevents ==I% with the land and that they shell, 1r say "Act, sed of Mont regard to technical classification Ag desigve- tion, Segal or otherwise, and except rely as specifically provided in this Bonn. want, be, to the fullest extent permitted by las and equity, binding for the benefit and to fOvot of, sed enforceable by, Seller, its successors and Assigns, the City of Bangor, any successor in interest to the Buyer of the Property, sod Ne owner of a" other Tend (or ofcmy Interest in each land) in the Project Area which is subject to the lend use requirements and restrictions of the Do- claxation of Restrictions, and the United States (in tha case of the covenant Provided in aubdlvieim (2) of aubseetion (1) hereof) *Visit the Buyer, his mccessore and assigns, to or of the Property or any interest thereto, and any party in possession or Occupancy of the Property. It is further intended and agreed that the agreement and noontime provided in clause (1) (1) shell renin In effect until Jesse" 22, 2012, and during the tem of any extension thereof, (at which tire such agreement and coverage shall terminate), and those provided in clause (1) (2) shall renin t* effect without limitations as to tiro: Provided, that such agreements and coveante shall be binding on Buyer himself, each successor in interest or assign, and each party in Possession or occupancy, respectively, only for such period As he shall have title to ar an interest in AT possession or occupancy of the Property. (111) Io amplification, and not in restriction, of the prov ieione of the preceding subsection, it is intended and agreed that Seller sed City of Bangor shall be demand a beneficiary of the agreements and eovenante provided in subsection (i) of this section both for and In its Agri right and Also for Me purposes of protecting the interests of the community end the *that parties, public or private, In wb0se favor or for whose benefit such agreements and cove - ante have base provided. Such agremnts and covemsnta shall run in favor of Seller and City of Bangor for the entire period during which sg[amnte and -2- covenants stall be in force and affect, without regard to wbother Sellar and City of Henget tae at any tine Been, remains, at is an owner of my land or forecast therein to, or In favor of which each agreemnea and covenants calors. Seller and/ar City of Hangar shall have the right, in the event of any breach of my such agreement or covenent, to exercise all the rights and remedies and to mistake any ¢tions at law or suite in equity or other prefer proceedings to ensorce the casing of such breach of agreesent or coarsest, to which it or A" ether beneficiaries of such agreement or covenant my be entitled. (h) To construct me (and not Arra than me) standard dwelling house (single family) We the land Mich will most the minlmm requirements as Get by City of Bangor ordinances and the Declarative of Restrictions. Construction met start within six (6) mmths of the dace the Bead is recorded in the Buyer's gone, and completion mut be accomplished within twelve (12) mothe of date of commneing cmatructiom. Plane for said dweliag house will be subject to re- view by Seller prior to conveyance of the land, Within ninety (p0) days of the date of the acceptance of the offer by Beller, Buyer agrees to submit construc- tion plane for approval by Seller, and evidence satisfactory to the Seller of Bayer's ability to finance the construction of the proposed Improvements. (c) (i) In the avast that prior to completion of the Improvements as certified by Seller: (1) Buyer (or successor in interest) *hall default in or violate his obligations with respect to the construction of the 1mprwementa (including the nature and the date& for the beginning and completion thereof), OT tlull standee ar substantially suspend construction mark, and any such default Or violation, hbandoomat or suspension shall ort ta curse, ended or remedied within three (3) menthe (sit (6) months if the default is with respect to the dare for cameleeim of the Improvements) afar written demand by the Seller so to do, or (2) there is, In violation of this netsmen, any transfer of the Property or Any change in censorship of the property, and Such violation shell not be cured within thirty (30) dopa after written caned by the dollar to Buyer; than Seller shall have the right to re -anter and take possession of the Property and to terminate (sod covert to the Seller) the estate conveyed by the -3- Rcrraaty Baud to the Buyer, it being the intent that the conveyance of the PtOpex- cy to the Buyer shall be meds upon a condition subeequeut to the affect that in the event of any default, failure, violation or other active or function by the Buyer specified in classes (t) and (g) of this Subsection (i), faulure on the pact of the Buyer to ready, cod or abregata such default, failure, violation or other action or loactlou within the period and in the manner stated in said clovseo, Sellar at its Option my declare a termination in favor of the Seller of the title, and of all the sights and interest in the Property conveyed by the Warranty Med to the Buyer and that such title and all rights and interest of the Buyer nM any motans Sr aucceaeors in interest in the Property shall revert to the Seller: Provide, that such condition subsequent and any rmeatiog of title as a result thereof in Sellar shall always be euSlact to end lialted by. and Shall not defeat, reader invalid or Ifeait in any way (1) the line of any eortgage authorised by this Agreement and eager" for the sole purpose of obtaining fares to construct the IWrovamoats, and (g) any rights or interest provided in this Agreement for the protection of the holders of each m otgeges. (ii) Seller shall base the eight to institute such "flow or proceedings as it may dean desirable far effectuating the purposes of this sectiea (c), Including also the right to execute and record or file site the Penobscot Registry of Deeds, a written declaration of the teoninetion of all rights and title of Buyer and his successors in interest me assigns in the Property, and the revesting of title thereto in the Seller; ^ ovided, that any delay by the Seller in instituting or prosecuting any such actions or proceedings or otherwise assert- ing its nights under this section shell net operate as a waiver of Such rights or to deprive it of or limit such riBeto in any say (it being the intent of this pro- vicion that Seller should not be conatrained so as to avoid no risk of being dn- privad of or limited in the exercise of the sweaty provided in this sectlna (c) because of concepts of waiver, laches or otherwise) to ezemise such rowdy at a time when it may still hope othaMse to resolve the problem created by the de- fault involved, nor shell any waiver in fact cede by Seller with respect to any specific default by Buyer ander this section (c) be considered or treated an a waiver of the rights of Seller with respect to any other defaults by Buyer under this section or with respect to the particular default except to the extent eps- cifMally waived. -4- (d) The Buyer represents and agrees that hie purchase of the property eat hie other undertakluga Susannah to this agreement are and will M used for s•.j purpose of redevelopment of the property end not. for epaculation in feed holding. Tho Buyer further recogelaes that the qualfffeationo aid identity of the Buyer are Of "tricot" concern to tie community am the Seller. She Buyer further racogolree that it is because of such qualifications ant identity that the Seiler Is entering into this Agtamment with the Buyer, sod in so doing in further willing to accept and rely on the obligation of the Buyer for the faithful performance Of all umertakitgs aid overtones hereby by him to be performed without requiring In addition any sweaty bond or similar mtlarcekigq. For the foregoing reasons, the Buyer represents and alleae for himself am any successor In interest that euept Only by way of security for em only for the pulpae of obtaining financing necessary to enable the Buyer or successor in interest to perform hie obligations with reaps[ to inking the Iuprosemonts under this Agroement, the Buyer (except ea Lo authorlmmd) has net mate or created and that he will not, prior to the pro- per cimpletion of the faprovemente as certified by the Beller, take Or create or Buffer to be mama or created any torsi or partial sale, assignment, conveyance or lease or any trust or payer or transfer to any other made or toren of or with aspect to this Agreement or the Property or any interest therein or any contract or agreement to do any of the soon without prior written *"$met of the Seller. "a Seller shell be entitled to require as conditions to any such approval cher: (i) for Pcopoaed transferee Shelf have the qualifications and financial responsibility, as determined by the Beller, necessary and mgmp sta to fulfill the Obligetioos undeiteken to this Agreement by the Buyer: (it) There has boom submitted to the Beller .for review, and the Seller hes approved, all instneeuta am other legal documonru Involved In affec- ting tramfeft (Int) The conalderation payable for the transfer by the transistor. or on his behalf shall not eroeed em mace at representing the actual coat (Inclu- ding carrying chargee) to the Buyer of the Property am the leprovements, if any, theretofore made thereon by him; it being the intent of this provision to pre - claim assignment of this Agreement or transfer of the Property for profit print to the completion of the improvements and to provide that in the event any such assignment or transfer is mode (aid is not cancelled), the Seller shall be entitled to increase the purchase price to the Buyer of the property provided in section 2 -5- Of this Agreement by the natant that the cansidettlen payable for the aselgm5^r On transfer is in excess of the eaaunt authorized in thio paragraph, and such consideration shell, to the extent it is in excess of no smomt no anthoritad, mines and be paid to the Seller. (iv) Me Buyer and his transferee aball comply with Path other conditions as the Seller my find desirable in order to achieve and safeguard the purposes Of Cbapter 158 of the Private and Spaniel Sawa of Halm, 1957, as amended, and the Declaration of geateicttna as it my he wounded, and the Federal Bearing Act of 1949, to maadod: Provided that in the absence of OR- cific written agreemant by the Seller to the contrary, no such transfer or ep- ptaval by the Seller thereof shall be denied Co relieve the Buyer or 6" other Party bound in any way by this Agreement or otherwise with respect to the con- struction of the Improvementfree my of his Obligations with respect thereto. (a) Bove of the provisions of this Agreement are Intended to or shall be merged by reason of any Bead travaferring title to the property free the Seller to the Buyer or any successor in interest, and any each Bead shall not be deemed to affect Or impair the provisions and commoners of this Agreement. (f) For the purposes of any of the provisions of this Agreement, either the Seller nor the Buyer, as the case my be, a" any successor in inter. set, shall be considered in breach of or default in its obligations with respect to the preparation of the Property for redevaLopmvC, Od the beginning and am. PletiOd m- pletion Of cenetrmCitu Of the heprovemnt, or progress with respect thereto, in the event of delay in the peiformawe of such obligetims due to unforeseeable Ounces beyond his control and without his fault or negligence, including, but not restricted to, acts Of God or of the public entry, acts of the Government, acre of the other party, £free, floods, epidemics, quarantine restrictions, atrlkte, freight embargnea and unusually severe waster or delays of subcontractors due to such causes; it being the purpose and Latent of thfe proviaiw that in the event Of the Occurrence of any ouch delay, the tiro er times far pevfoimeme of the Obligations Of the seller with respect to the preparation of the property for redevelopment or of the Buyer with respect to construction of the Impsovemn[s, as the case my be, shall be extended for the period Of the delay; Provided, that the party soaking the benefit of the provisions of this section shall, within sixty (60) days after the beginning of any such delay have first notified the -6. ether party thereof in writing, and of the cause or causes thereof and Catenated an "total= far rad period of the delay. (g) prior to the codalacim of she EaBaovdmn" by'the Beyer, settled the Buyer net any successor to Intone to the property chaff engage in any fimn- eteg or any other tremactim creating syr mortgage or ether eecuahrmce a lien upend the property, whether by depends airdrome os operating a lee, m puffer any "cmbgasea or lien ono be Made on or nitrate to the property, except, and only to the extent necessary, for the purpose of abtainiag foods for making the Meprove- mate. it is further weed that the Buyer (or mccessa in meter"t) shall partly the Seller to advance of any morapSe rimming he proposes to made into with respect to the property and in any event that he shall prmgely tariff the Beller of a" membranes or lien that Me been Created an or attached to the property, whetse by voluntary act of the Suyec or Otbemlee. (h) Samithatee ins any of the prarisidde of this dgrdmeed, !eluding but oat limited to those repramatiog ceemats tuneius With the land, the holder of any Obligation authorized by thio Agremsnt (including any each Midst she, ob- talm title to the property " a reedit Of interleaved preeadfago Or action in lie themof, but see iouludl" (1) day other party nho thereafter total" title to the property Eta" or them& cash holder or (2) any other puteheeet or fote- ciosure Gain other than the holder of is Obligation itself) shall in no visa to obligated by rho provisions of this Agrrtmat to construct Or complete the Iwpr"e- mate or to Sentenced such construction Or crmpletioa err Shall ey cavomst Or any ether provision In she heed be adopted" to ens obligate such holder: vreolded, that meting in this nation or any other section Or ptevision of this Ascendant shall be deduced or construed to parmir as nuthoHza any ouch holder to devote the property or a" "rt thereof to a" "as, Or to emnetv=t my inprovamenta thereto, other than than was or ieprompeats provided Or authorised in the Bocleratim of getrictioes, ordinances of the City a Bangor, add this Agrecamt. A. No rather, official or deploys of the Seller chap here a" pettiest inter"t, direct of Indirect, in this decreasing, nor Chat, any Such msaime, of- ficial Or employee participate to soy declaim entering to this Agreedent clutch slipped his personal interests wr the interests of 4" cotyoratione paxworship. Or association in which he is, directly er indirectly, Interested. No MaMare, official or deployed of the Seller sell be personally liable to the buyer at any -y. successor in Interest In the event of any default or breach by the Beller or for any asmat wbleb may became due to the Buyer or successor or an any obligations under the tons of this Agreenent. S. Taxes am special eeemaweora, if any, dee as or before the closing data shall be paid by Seller. D��/ 6. Buyer ber=h tenders ��a"`" /� Police (b � ) vhich Buss 10 at least five poisons ) of Na offered purchase price as earmat eaney, to human a part of the persont of the purchase price of the land upon acceptance of this offer by "list. III@ em shell be meld by Sell" and if this offer to not accepted, it shall be returned to Buyer, without Interest. It Shelf be retained by the Seller for reimbursement as liquidated damps to partially offset expenses Incurred by the Seller for legal advertising, title search, internal Authority administrative "time or otherwise If the Buyer falls to emulate the purchase of said land within the tion specified In paragraph 1 herein. y. This offer is binding upon Buyer if accepted by Seller within sixty (60) days and "Mot be withdrawn during this time. I£ am accepted by Seller within Sixty (60) da", it is Sarcastically cancelled and aspires, in Bluish case the earnest Mary $hall be promptly refunded to Bayer, witbmt interest. S. Closing of purchase shall tate place not more than eve bmdred Mary (120) days, or as athervise specified in paragraph 2 hereof, ft= data of steeps - =so o0 this offer by Bell"; am ratification to Buyer thereof by returning to Buyer am (t) accepted copy of this offer to the address indicated helm. The land Shall be ceoveyed to the Buyer by a Warmer heed an data of timing. 9. She Seller my or as Buyer shell promptly fila the peed for recordation In the Pembacot Registry of heeds at Bangor, Maida. no Buyer shalt pry all cents (Including the cwt of say real estate trawler tax an as Deed, for Olch erupt in the proper ano est shall M affixed to the Dead by as Buyer) We no recording the Beed. 10. Pvaxptly after Outstation of the lvprmenento in accordance with this Astronaut. the Seller will furnish the Buyer with an appropriate tenement eon certifying. the certification by the Seller shall be (and It shall be so provided in the Deed am in the certification itself) a eomlusive deteralention of darts. faction and termostlon of the amenmto in the Agreavent aha the Ned with respect •a. to the obligations of the Buyer and his heirs and assigns to construct the Imprc�a- Mate end the dates for the beginning end completion thermal. The certification shell be in such form as will scale it to be reentla If ebe Seller a it e- fute or fail to provide the certification, the Seller shall, within GG. W) daps after written request by the Buyer, provide the par with a written statement indicating is adequate detail how the Buyer hoe failed to genders the Improvemeote in conformity with the Brben Renewal Plan or this Agreement, or is otherwise in default, and chat measures m acts it will be mceeeery, in the opinion Of the dollar, for the Buyer to take or perform in Occur to obtain the certification. 11. The word 'Buyer" in this agrasmnt shall he comtrued to meow both the Plural and aingular number, In any gander, and to seen not Only the party thereby designated, but also his, her Or their tcepectiva heirs, assigns, enecuttta, wl- miniRratnra or eoaceauaza in interest, an, in the event that any such party is a corporation, its or chair ouccessore or assigns.. Witness � Buyer Witness Buyer � — l—Ad—dieee /�/ Telephone In City Council Coum11 Order go. pate A True Copy, Attest: -9. She above offer to accepted ebta day of 10 , and accor iwy coverttutea a bindlog coettact Ear ealy of lead between euyar avd Seller. Wttnaeo dy ai w—a exonu[Iva Director Attoteoy .10.