HomeMy WebLinkAbout1971-03-22 140-Y ORDER140-x
Introduced by Councilor Brountas, March 22, 1971
CITY OF BANGOR
(TITLE.) (Daert.._ Approving Proposed Cogrset for.. sale of Land in the gtillwater
Park Urban Renewal Project Parcel No 121 & 122
By the City Counsel ofW City of Bangor.
ORDERED,
THAT WHEREAS, the Urban Renev Authority of the City of Banger proposes
to enter into a contract for the sale of parcel mmbered 121 & 122
in the Stillwater Park Urban Renewal Project with Robert E. &
Barbara S. Lunt , and
WHEREAS, the said Robert E. & Barbara 5. Lunt
boa offered to pay the more, of Twenty -Two Hundred and 00/100 O011ars
for said parcel said price being the minlmim approved price for maid parcel
am established by the Urban Renewal Authority and approved by the Department of
Housing and Urban Development; and
WHEREAS under the provisions of Chapter 168 of the Private and
Special Laws of Hain, 1957, me amended, City Council approval of all contracts
for the Rate of land within the project area is required; and
WHEREAS, the Urban Renewal AuthogtKthas filed a copy of the
proposed contract with Robert E & Barbara S in the office of the City Clark;
NOW, THEREFORE, BE IT ORDERED;
TWAT the proposed contract on file with the City Clerk be and
is hereby approved.
- RECEIVED
1971 UR 18 W 4:24
ORDER
CITY CLERK'S OFFICE nae
CITY OFFAN aGd. MtJNE
IN CITY CO IL
mer. 22, 1971
PASSED.
bale o£ INdi� Stillwater Park V.R.
„pppjppf,;.Pazcel.N�r�14fi�14J�205�206,20J.
CI cL
Introduced and filed by
V Coweilmv�
Revised April 16, 1559
CONTRACT FOR SALE Q LAMB
(arra$ An ACCBFTARCR)
STILLMATER PARS PRO18Cf
PROJECT M0. ME. R-4
Date Sanudry 10, 1971
TO: Urban Renewal Authority of the
City of Deeper ("Seller")
City Sall
Bangor, Mai"
CRISIS:
1. Robert E. & Barbara S. Lunt
herein called "Buyer.' offers to buy, subject to the terms set forth heroin. Na
following described laud:
Lot mmbered 121 & 122 as shown on Plan of Lod entitled
"Stillwater Park Project, Bangor, Penobscot County, Maine,
Urban Renewal Autbority of the City of Doug". Project Me. R-4"
consisting of nine (9) Pages and ruc girded in Penobscot Registry
of Deeds in Plan Book 24 , Pages1 to 9 , inclusive.
2. Buyer will pay Two Thousand, a O Bund -ed and 00/100 Dollars
(9 2,200.) for said land in cash within one hundred and twenty (120) days after
the acceptance of this offer by Seller. The Authority may grant additional time
upon written request from the Buyer.
3. Conveyance of said land shall be made by barranty Beed, subject to all
easements of record, the Declaration of Restrictions for Stillwater Park Project,
Bangor, Mains, R-4, which was recorded in Volume 2113, Page 385 of Penobscot
Registry of Beads, and t0 those conditions set Earth hereinafter to which Buyer
ecepresely aptness.
(a) W The Buyer herein covenants by and for himself, his heirs,
0"outare, administrators and assigns and all Persons claiming under or through
that. that Buyer and such heirs, executers, administrators and assigns and all
persons claiming under or through them shall:
(1) Devote the Property to and only to and in accordance
With the uses specified in the Oeelakation of Restrictions and as it may be ha ec-
after amended free time to time;
(2) dot discriminate upon the basis of race, color, creed
or national origin in the sale, lease or rental or to the use oc Occupancy of
the Praparty nr any improvement erected or to be erected thereon, or any Part
thereof.
(it) It is intended sod agreed that the agreanencs end covenants
provided to this section shall be covenants rumina with the land and that they
shall, in any event, sad without regard to technical classification or designa-
tion, legal or Othadiee, and except only as specifically provided in thio Agres-
vast, be, to the fullest extent permitted by lav and equity, binding for the
benefit sed in favor of, AM enforceable by, Seller, its successors and assigns,
the City of Bangor, any successor in inter"t to the Buyer of the Property, and
the Amer Of any other laed (or ofts*y interest in such land) in the Project
Area which is subject to the land use requlrseento and restrictions of the 0e-
claratlou Of Restrictions, and the United States (in the ease of the covenant
provided in subdivision (2) of subsection (t) hereof) spinet the Buyer, his
successors AM assigns, to At of the Property *r Any interest notate, and any
Percy to possession or Occupancy of Na Property. It is further intended and
agreed that the agreement and covenant provided in clause (t) (1) shall tanaln
in effect until ]Aeuary 22, 2022, And during the team of any extension thereof,
(at which cure such agxesment and covenant shall terminate), AM chase provided
In clause (1) (2) shall console In effect without limitations as to time:
Provided, text such agreaenta and eovetaKc shall be binding *n Buyer hissalf,
each successor in iaterext or *&sign, and each party in possession or occupancy,
respectively, only for such period as he Shall have title to or An interest la
Pa poeaassioo Or occupancy of the Property.
(i1Q In amplifieation, and not in vescrictlon, of the provisions
of the preceding subsection, it is intended and agreed that Seller and City of
Bangor shall be dewed a beneficiary of the agreement and covenants provided in
eubeeetlon (t) of this section both for and to its Are right and also for the
purposes of protecting the futerests of the concavity and the *that parties,
Public or Private, in Abuse favor AT for whose benefit such agremevte And cova-
mote have been provided. Such agreements and cevenante shall run in favor of
Beller and City of BangOr for the entire period during which agreements and
_2.
covenants shell be in force sed affect, without reams to whether Beller and
City Of Bangor has at any ties been, regales, as is an ower of any lend or
Interest therein to, or to favor of which each agreemms and covenants relate.
Seller and/or City of Bangor shall have the rtaht, in the meat of any branch
of any such agnewoem or covenent, to emrcias all the rights and crowing and
to maintain any actions at law or suits to equity or other proper precesdange
to enforce the curing Of such branch Of alternate or outcome, to Ala it At
any other beneficiaries of such agreement or cmenmt may be entitled.
(b) To muetruct one (and Out more than one) standard duelling bowo
(@logic finally) open the land which will met the mielmm requiremaca as set by
City of Bangor ordinances and the Declaration of gestrietiom. Construction
mut start within Sia (6) mouthe of the auto the Bend is recorded in the Buyer's
nem, and mWietion mut be aecmplished within twelve (12) mocha of date of
c®easing construction. plane for said dwelling house will be subject to re-
view by Seller prior to conveyance Of the land, Within ninety (90) days of the
date Of the acceptance of the offer by gallas, Buyer "ease to submit comtme-
t1On plate for approval by Seller, and evidence satisfactory to the Seller of
Buyer's ability to finance the construction of the proposed hprovemmo.
(c) (1) In the event that prim to caeplation of the Imrovemams
As certified by Seller:
(1) Buyer (or auccese0r in interest) shall default in or
violate its obligations with respect to the construction of the laprwemnts
(including the nature And 00 dates for the beginning wad ccesistion tberooe),
At shall abandon or substantially suspend Ometruction work, and any such default
Or violation, bbandonmant Ar Suspension shall est he cured• ended or smelled
within three (3) moathe (Dir (6) maths if the default to with respect to the
date for completion of the Ispsovarects) after written deaths by the Seller so
to do, or
(2) There Is, to violation of this ABteam at, any transfer
of the property or Any change in Ownership of the Frtpesty, and such violation
shall not be cured within thirty (30) days after Witten descend by the Beller to
Buyer; then Seller shall hove the right to re-enter and tahe possession of the
property and to terminate (and revert to the Seller) the estate conveyed by the
-3-
Harranty peed to the Buyer, it being the latent that the conveyance of the Proper-
ty to the Buyer &bell be mde open a condition eubsOqu¢nt to the effect that in
the event Of any default, failure, violation or Other action Or Inaction by the
Buyer specified in classes (1) and (g) Of thin subsection (f), faulure an the Part
of the Buyer to unready, end Or abrogate both default, failure, violation or other
action or inaction within the period and In the manner stated in said classes,
Seller at its Option may declare a termination in favor of as Seller of the
title, and of all the rights and interest in the Property conveyed by as Warranty
Beed to the Buyer and that such title and all rights and interest Of the Buyer
and any assigns or successors in interest in the Property Shall rover[ to the
Seiler: Provided, that such Condition subsequent and any revesting of title as
a result thereof In Seller shall always be subject to and limited by, and shall
not defeat, reader invalid or limit in ay say (1) the lien of say mrtgage
authorized by this Agreemnt and executed for the sole Purpose of obtainlog funds
to construct the leprovemeote, and (g) any rights or interest provided in this
AgremOat for the protection of the holdare of each Cartilages.
(I) &list shall base the right to institute Such actions Or
proceedings as it my dem desirable far effectuating the purposes of this section
(c), including also tha right to execute and record or file with the Penobscot
Registry of Seeds, a written declaration of as teeddeetfou of all rights and
title of Buyer and his successors in interest and assigns in as Property, and the
revesting of title thereto In the Bailor; y ovidad, that any delay by the Seller
In instituting Or prosecuting any such actions or pracbadinga or otherwise Career -
In$ Its rights under this section shell not Operate as a waiver of such rights or
to deprive it of or lime such riBF.to in any way (it being the Intent of this pro-
vision that Seller should not he constrained so as to avoid the atsh of being de-
prived of or limlfed In the uerelee of the Comedy provided in this Scott= (c)
because of concepts of waiver, lechaa or otherwise) to exercise such rresdy at a
ties when it my still hope otherwise to resolve the problems created by the do.
fault involved, act shall any mivar In fact rude by Seller with respect to say
specific default by Buyer Order thio section (c) be considered Or treated as a
waiver of the rights of Seller with respect to ay other defaults by Buyer under
this eeetlou Or with respect to the particular default except to the earner epe-
el8teally waived.
A.
(d) no Buyer represents and agrees that hie puncheon of the property
and his other undertakings Sarcasm to this Agreement fire and will be used far the
purpose of redevelopment of the propetty and not for speculation in IBM holding.
no Buyer further teceAnisac that the qualifications and identity of the Buyer
are of "tricolor concern to the community and the Seller. no Buyer further
recognizes that it Is because Of such qualiffcstlooa eM identity that the Sellar
to covering Into this Agsoemment with the Buyer, aM In so doing is further willing
to accept and rely on the obligation of the Buyer for the faithful performance
Of all mdmMkiogt and contracts hereby by him to be performed without requiring
In addition coy surety bond or similar uMattakf:g. per the foregoing [saes,
the Buyer represents and agreas for himself and any Semester in Interest that
except only by pay of tenacity for and only for the purger of cmainim £lnueing
necessary to enable the Buyer or successor in interest to perform his obligations
with respect to making the Improvements under this Agreement, the Buyer (exmept
ae eo authorised) has not made or created and that he will not, prior to the pro-
per Completion of the improvements as certified by the $eller, mete or Create or
Buffer to be =de or created any total Or partial Sale, assignment, conveyance
Or loose or any trust or power Or transfer in soy other made or Yom of or with
respect to aid Agrament or the Property or Bay interest therein fir any contract
or agreement to do any of the same without prior written approval of the Seller.
no Seller shell be entitled to requite as conditions to any such approval that:
(I) My proposed transferee obeli have the qualifications and
financial raepomibility, as determined by the Seller, necessary and adequate to
fulfill the ahllgatimal undertakes to this Agreement by the Buyer;
(IS) There has been submitted to the Seller .for review, and the
Beller ban approved, all instruments and other legal documents involved in offee-
ting tramfor;
(111) The cOv idmaticn payable for the transfer by its transferee
or on his MMlf shall Out exceed an amnunt representing the mtual coat (lelu-
ding carrying chargee) to the Buyer Of the Property and the improamento, if any,
theretofore made thereon by him; it being the intent of this provision to pre-
clude assignment of this Agreement or transfer of the Property for profit prior
to the completlen Of the Improvements and to provide that in the want aM such
msigaweat Or transfer 10 made (end Is not cancelled), the Seller shell be entitled
to increase the purchase price to the Buyer of the property provided in Section 2
-5-
of this Agreement by the amount that the eoruideratfoa payable for the aselgrment
or transfer to in ercesa of the amount authorized in thin yasegtaPh, and such
com£deration oball, to the externs it is in om=en of tlm wadont ao authorised.,
belong and be paid to the Sellar.
(iv) She Buyer mad his transferee ¢ball comply with such ocher
coeditiwe as the Beller may find desirable in Order to achieve and safeguard
the purposes of Chapter 168 of the private and Special law of Match, 1951, as
®ended, and the Declaration of Restriction as it may be amended, and the
Pederel Mowing Act of 1949, as recorded: Provided that to the some=* of spe-
cific written agreement by the Seller to the contrary, no such transfer or ap-
proval by the Seller thereof SM11 be surged to rel£ava can Boyar or any Other
party based to coy way by this Autumnal or otherwise with respect to the con-
struntion of the Imprnaaeon from any of hie obligatfoss with respect thereto.
(e) Now Of the proviaiooa of this Agreamess are intended to or shall
be merged by reason at any read transferring title to the property from the
Seller to the buyer or day successor in interest, and any such Deed shall Out he
deend to affect or ferric the provisions and covenants of this Agreement.
(f) For the purposes of any of the provteiwa of this Agreement,
neither the Seller not the Buyer, as the come may be, nor any muocmsos in inter-
est, shall be considered in breach of or default in its obligations with respent
to the preparation of the property for rednalnpmenr, of the beginning and am.
pletion of construction of tie leproveuenta, or progress with respect thereto,
in the event of delay W she parform*uce of each obligations due to uuforeseeacla
causes beyond his control and nithoet his fmd.t or neglignnce, including, but no_
restricted to, acts of God or of too public aaeuy, acts of the g sr mmt, acts
Of the other party, fires, £loads, epidemfea, quarantine reatvictiooe, *tribes,
freight embargoes and unusually severe wether or delays of subcontrastoo due
to such causes; it being the "Opera and intent of this provision that in the
event of the occurrence of any such delay, the time or rimae for performma of
the obligations of the Seller with respect to rSc preparation of the property for
redevelopment or of the Buyer with respect to conatractioa of the lmprovemnts,
as the case my be, shall be extended for the period Of the delay; provided, that
the party seeking the benefit of the provisions Of this section shall, within
sixty (68) days after the beginnl" of any such 4:1ay haw first notified the
-6.
other party thereof in urnting, and of the teare or aM:e tharnf and Sayueated
an extension for Me parAod of the deley.
(a) prior to Cha oeoplotiw Of the Wrovesrnw by air duper, neither
the buyer nor my necessary in interact to the property obalt engage in am Elect-
eisq; or any other transaction creattog any aaortgage or other enowbreme or lien
spur as property, whether by capture agreement w ormatim of lo,, or suffer any
amembreme or lien to be date on or attach to the property, eatopt, rad only to
the extent necessary, For the purpose of obtaining funds far darting the imports
note. It is incisor agreed that the Buyer (or doctors" to interest) shall
notify the Bellew in advance of day metNds finsnsial he propww to Outer Into
with respect to the property and in any event that he sbal!'prwytiy ratify aha
dollar of my accountants m lien that. has been creased an or arrested to the
property, Mother by voluntary ret of the Buyer or wheaaim.
(h) Wmvithntaadlrg any of the prorLtorr of aid Agreeaem, including
but ret limited to those tepxdeamlog Museums running rteh five land, the bolder
of My, alt"tin Madrid" by aid Agreonam (lmiuding my Ma buldm MO Cb -
MEM title to the property as a result of faMclraura prwnsdinfn or sort= In
It" thereof, but not including (1) any what party an thereafter action title
to the property fron or arough such holder or (p) any "hat purchaser at y"e-
cl"uta eels orbs than tba holder of the obligation itself) shall in an viae be
obligated by as provisions of this Advocates to mamicam or MATlem as rapeseed -
mate or to goermtoo Both construction or woopletin; nor &halt ane ortensds or
any other predictor in the Dad be construed m as obligate cued holder: prm"Od,
act nothing in this pectin or asp other ewtln nr prmlalon of this Agme mt
shelf be darned or mustrunl to transit or auihm:iw nay need holder to devote the
property or eN part thareof to Me Mas, or to cvmkvxY. say Sudermodame thereon,
*abet than shwa Mae or 4mptowerms prided at durbmited In the peclamtim of
Restriction, ordtnsmes of the city of Bangor, and this Agrewent.
4, go amber, official or sufferer of egad Beller ahell hova any paeeonl
twerwt, direct or indirect, in this Apreenm, dor obeli my ouch comber, of-
EicLt or Mettler participate in my declaim relating to this AaTwMw Mich
effects hie personal imetes" m the intestate Of cry corporation, p&rtnarabip.
waeamiatin in Mich he is, directly or indirectly, interested. no ardl m.
official " wployes of the letter'ehatl be personally liable to the Buyer or dry
.y.
Successor to Interest in the count of eq default an breach by the sellar Be for
eo recent which my become Sue to the Dupery or &=sea" or an any obligations
seder the Comm of this Alveolus.
5. Tease and spacial aeneaemnta, 1f aq, dao as as before aha cloning data
Shall ha paid by Seller 4
^ D 4 n
R. geyOR herewith
apl4h tendersndG28 (/),� �( &N/ /e e pollars
which rum to at least five percent (5g) of the offered purchase
price as solvent money to basions a pert of the payment of the puxMas price of
the Lord upon acceptaxe of this offer by yeller. This cop shall to held by
Sellae Ud if tela offer to not incepted, it shall be returned to royal, without
Interest. It shall be retained by the Seller for reivbuseemm as liquidatod
demgee to partially offset expenses incurred by the Seller fox local advertising,
title search, interval Authority adumietrative Actions or otbsrwice if the Buyer
fails to canpleW Na purchase of said lend uithla the ties specified In Paragraph
f hotels.
y. Trio offer is binding ops Buyer Sf accgtad by Seller within sixty (60)
days and cannot be withdrawn during this tlm. If not accopted by Seller within
ainty (50) days, it is nonsensically curalled and espirae, in shirk cue the
earnest many shall be pravytly vefundod to poper, nithvot interest.
a. Closing of puithebe shall cote piece not mase than ove hundred twenty
(1I0) doe, Or as otherrieG Specified In Puagraoh f hereof, Tram date of accept*
sea of this offer by Sethi; and utiflutim to Buyer thex"i by returning to
Buyer one (1) accepted copy of this offer to the address indicated below. The land
shall be occurred to the buyer by a akrranty Bead cn done of closing.
9. The Seller my of the Buysr shall promptly file the Lead fu revolution
In the Penobocvt Be6tury, of mods at Danger, Mice. The Buyer shall pay all -
eeats (facludlug no coat of any real estate tracsftr tux an no Wed, for shish
stnepe in the proper emus Shall be affixed to the mad by the soyas) fu Be
recording the geed.
10. Prmptty Often completion of no Nprovemento �a accordame win 01a
Ageeaenat, the yeller will fumieb the Buyer wUN an appropriate Instrument ea
certifying. the certification by the yeller shall be (end it shall be no proviaeC
in the Deed and In the cateificatim itself) a csclmive datermieation of selis-
factien and urminuicA of the currents to tee Agreomne and no Deed with respect
4.
to the obligations of the Buyer and his heirs and asnigas to conatruct the ret mea-
meats and the data for the beginning and complation thereof. The certification
shall be in each form as will enable it to be recorded, If the Seller shall re-
face or fall to provide the certification, rhe Geller shall, within TY
(10) days after written repeat by the Buyer, provide the Buyer
with a written transactor indicating is adequate detail has the Buyer has failed
to eoUPlete the improvamaats in conformity with the erban Ronaval Find or this
Agreeosnt, an It otherwlas in default, and what measures or acts it will ba
necessary, in the opiaian of the Geller, fee the Buyer to take or perform in Order
to obtain the certification.
11. She cord "Buyer" in this agreement shall be cooetrued to meso both the
Plural and singular assets, In any gander, and to sten not Only the party thereby
designated, but also hie, her or note respective heirs, engigne. sanctions, ad-
aftiatratore or Successors in interwar, or, in the avant that any such party is a
evelOration, its or their successors or eeeigns.
�� �. -
witn
- 7�
In city council
Bate
IF
Buyer v/
Buyer
Aaareaa
yezephana
Council Ccder go.�
A leve COPY, AYteet:
City Clerk
-p`
Ate:
An above offer rn naeyced tufa day of _ . 19A
and accordfogly Constitutes a binding ccntcnct for vete of land between Duyex and
Seiler.
lsbas3 DdgdH FMW, ALTDSaiSe OP
m CITY OF aump
Pitoeee by
chatxM—
P.eocuive Dfractor
"PRO= A 'SD llG VOM AND, "EQU y:
A toxney
•I0.