HomeMy WebLinkAbout1970-04-27 148-X ORDERIntroduced by Councilor naldecci, Apr.2]4B19]o
CITY OF BANGOR
(TITLE.) t8/rarrs.....,Approving Proposed Contract for, sale of Lana in the Stillwater
Park Urban Renewal Project Parcel No 126 & 133
BY the City Comm! of the OUR ofBasper:
ORDERED.
TWT WHEREAS, the Urban Renewal Authority of the City of Bangor proposes
to enter into a contract for the sale of parcel numbered 126 & 133
in the Stillwater Park Urban Renewal Project with James Jacobs
and
WHEREAS, the said James Jacobs
has offered to Pay the sum of Three Thousand. Four Hundred and 00/100 Dollars
for said parcel said price being the windows approved price for said Parcel
as established by the Urban Renewal Authority and approved by the Department of
Housing and Urban Development; and
WHEREAS under the provitions of Chapter 168 of the Private and
Special Laws of Maine, 1957, as amenaeq, City Council approval of all contracts
for the sale of land within the project area is required; and
WHEREAS, the Urban Renewal Authority has flied a copy of the
proposed contract with James Jacobs in the office of the City Clark;
NOW, THEREFORE, BE IT MERED:
THAT the proposed contract on file with the City Clerk be asd
Ls hereby approved.
'1/LC
1970 qF, 23 h 3: El
CII Y r
l.CS CPC'C,�
�ril 27, 1970
PASSM
14 x
O RRER
Tirie,
$A}A, p(, ZAttJ, ip, Stillxatei pkv V.R.
gpd eci�Peie els No. 126 6 133
.................
ced end flied by
e
Councilmen
Revised April 36, 1563
CONTRACT FOR RA-ae OP LAND
(OFPRR AND ACCBPTANCB)
STPLLNATER PANIC PROJECT
PROJECT NO. M8. R-4
Rete April 15, 1970
T0: Br69n Renewal Authority of the
City of Bangor ("Seller")
City Bell
Bangor, Matas
OPFEB:
herein called "Royer,' offers to buy, subject to the terms set forth herein, the
fallowing described land:
Lets anchored 126 8 133 as shown an Plan of lend entitled
"Stillwator Pack Project, haonor, Pamebecot County, Maine,
Orbea Renewal Authority of the City of Bangor, Project Ne. R-4"
consisting of nice (9) pages and r4corded in Penobscot Registry
of Mede in Plan Book 24 , juges 1 to 9 , inclusive.
R. Buyer will pay Thirty --four hundred and 00/1]0 Sellers
(83.4w.0y far said lend is cash within one hundred end twenty (120) days after
the acceptance of this offer by Seiler. 'f he Authority wy, Scent additional time
upon written request from the Buyer.
3. Conveyance of said land shall be =de by Warranty Beed. subject to all
easements of record, the Beclatacion of Restrictions for Stillwater Park Project,
Bangor, Maim, RA, which was recorded in Volume 2113, page 385 of Penobscot
Registry of needs, sed to these conditions set Earth hereinafter to which Beyer
eapreasly Agrees.
(a) (1) The Buyer herein covenants by em for himself, his heirs,
executors, edaialatcatoxe and assigns end all persons claiming under or through
that, that Buyer and such heirs, executors, administrators and assigns and ell
Patsttm claiming under or through them shall:
(1) Scotto the Property to and only to sod in necovdrnce
with the aeee specified in the Saclatatlan of Restrictions end as It toy be hO=a-
after amended it= tine to time;
(2) But dlserminate upon the basis of race, color, creed
or national origin in the @Qa, lease or rental or In the me or occupancy of
the Property Or any Igprmements erected Or to be erected thereon, or any Part
thereof.
(ii) It is intended and agreed that the agreements add cooperate
provided in this section shall be teenagers roaring with the land add [hat they
shall, 1n any event, and without regard to [etbofcal classification Or designee.
ties. legal or otherwise, and accept only as specifically provided in this Agree
gnat, be, to rhe fullest eaten[ "twitted by law and equity, bidding for the
benefit and In favor of, add enforceable by, Seller, its suceeseora and asetgm,
the City of Bangor. any successor in interest to the Buyer Of the Property, and
the Owner of any other land (m ofcany Interest in such lead) in the Project
Area which IS Subject to the land ma requirmnts and restrictions of the le-
claratlm of Ses[rictlens, and the United States (in the case of the covenant
Provided in subdivision, (2) of subsection (1) hereof) against the Buyer, his
successors add assign, to or of the Property Or Any interest therein, and my
party in possession or cuagncy of the Property. It Is further Intended am
agreed that the movement and Covenant provided to Clause (1) (1) shall regain
in effect until January 22, 2022, and during the tem of a" excessive thereof,
(at which tion such egramac add covenant shall tatffinte), add those provided
in clause (1) (2) shall rmin in effect without limltadona as to tim:
Provided, that such agremnta and covenants shall be binding an Buyer himelf,
each sucteesor in interest or assign, add each party In posseeefan an Occupancy,
respectively, Only for such period as be shall have title to or en Lamont in
Or possession or occupancy of the Property.
(iii) In aplificatim, am not in restriction, of the provisions
of the preceding subsection, it is Intend" add agreed that Beller and City of
Sensor Shall be deemed a beneficiary of the agrevents sed cavennm provided in
eubeectim (i) Of this settled both for and In its Pm right and also fm the
purposes of protecting the interests of the comunity add the other parties,
Public Or private, in whose favor or for Chase benefit Curb agreemo[e and eme-
seats have been provided. Such agremats ad teenagers shall rag in favor of
Boiler and City of ganger for the entire period during which agremnta and
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covenants shall be In force and affect, without regard to vhetber seller and
City of ganger baa at any ties been, revaive, Or In an cover of my lead or
interest therein to, Of in favor of vhlch Both agreemnts and cnvanents relate.
Seller and/out City of "asor ehdl have the right, in the event of any breach
Of any such agraosnt or cwewnt, to exercise all the rights and remedies and
to mintain only "Clone at lav or suite in equity or ether proper proceedings
to enforce the curing of such breach of agreemaot or ewewat, to which it or
any other beneficiaries of such agreement or Covegent my be entitled.
(b) To construct one (and not erre than me) standard dwelling house
(single family) upon the land which will met the mtninus requlraesnoa as eat by
City of Seager ordinances and the Inclaration of Restrictions. Construction
suet start within six (6) moths of the date the geed is recorded in the Buyer's
name, and ecmletdon mut be accomplished within [valve (12) mamba of data of
r®encing construction. Playa for said dwelling house will be subject to re-
view by Seller prior to conveyance of the land, Within nicety (68) days of the
date of the • ceptance of the offer by Seller, Buyer agrees to submit cocetruc-
tiun place for approval by Seller, and evidence satisfactory to the Seller of
Suyeres ability to finance the construction of the proposed impiweeevts.
(c) (1) In the weut that prier to comletioa of the heprovownts
as certified by Seller:
(1) Buyer (or successor in interest) shall default In or
violate his oblimtione with respect to the vmstructim of the pnprom eats
(Including the wrote and the dates for the beginning and completion thereof),
Or eMll abandon or substantially suspend construction work, and any each default
or violation, bbandonesnt or suspension shall act be cured, ended or reuedied
within three (3) macho (six (6) macho if the default is with respect to the
date for eamlation of the tvprmsumts) sit" written domed by the Seller so
to do, or
(2) Thera is. In violation of this Agrement, any transfer
of the Property or any change In amership of the Property, and amb violation
atoll est he Cured within thirty (3g) dna after written wound by the Seller to
Buyer; than Seller shall bore the right to ra-enter and take posseastom of the
Property and to Incidence (end revert to the Seller) the estate conveyed by the
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Warranty Beed to the Buyer, it being the intent that the coneayanoe of the Proper-
ty to the Buyer ahall be =de upon a condition e06equent to the Offset that in
the event of any default, failure, violation or other action or Lorraine by the
Buyer Openly Led in clauses (1) and (y) of this subaectiou (i), fanlure an the part
Of the Buyer to re=dy, end or abrogate such default, failure, violation ser other
action or inaction within the period and in the =near stated in said clauses,
Seller at its option =y declare a termication in favor of the Seller of the
title, and of all the rights and interest In the property cwmeyed by the Warranty
Beed to the Buyer and that each title and all rights and interest of the Buyer
and any assigns or successors in interest in the property shall covert to the
Seller; provided. that such condition subsequent and any ravesting of title as
a result thereof in Seller shall always be subject to and limited by, and shall
not defeat, reader invalid m limit in any way (l) the lien of any mortgage
authorized by this (gree=n and eaecnted fee the sole purpose of obtalaing fonds
to construct the bnprovemeats, and (y) any rights or interest provided in this
Bgregwent for the protection of the holders of such mutants.
(it) Seller shall have the right to institute such attlooa or
proceedings As it any dean desirable for effectuating the purposes of this section
(e), including also the right to sectors and second or file with the Penobscot
registry of Reade, a written declaration of the tetffination of all rights and
title of Buyer and his sueceseore in interest and asalgne in the Property, and the
revealing of title thereto in the Seller: Provided, that my delay by the Seller
in instituting or prosecuting any Ruch actions or proceedings or otherwise assert -
Ing its rights under this sect Lou shall not Operate as a waiver of such rights or
to deprive it of or limit such rights in any any (it being the intent of this pro-
vision that Seller should not be constrained so as to avoid the rich of being do-
privad of or limited in the exercise of the remedy provided in this section (c)
because of concepts of waiver, laches or othetwlee) to exercise such ready at a
time when it may still hope otherwise to resolve the problems created by the de•
fault involved, net shall any waive• in feet =de by Sellar with respect to any
specific default by Buyer under this section (c) be considered or treated as a
waiver of the rights of Seller with respect to any other defaults by Buyer Order
this section or with respect to the particular default except to the extent a"-
eiffeally waived.
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(d) The Buyer represents and agrees that his purchase of no property
and hie other undertakings putsemt to this Agreenent are and will be used for tbr
purpose of redevelopment of the property and Ott for speculation to land hordlug.
Thor Buyer further cmagufaas that the qualifications and Identity of the Buyer
are Of "tricolor concern to the cosmmlty and the Seller. no Buyer further
recognizes that it is because of Such qualiftcatitas and identity that the Seller
Is entering Ince this Agreement with the Buyer, and In so doing is further willing
to accept cad rely an the obligation of the Buyer for the faithful perfarwsme
of all wdsrtakioge and cove rents hereby by him to Be rerfoxned without requiring
to addition any auxary bond or similar uudmtakir'g. per the foregoing radards,
the Buyer represents end agrees for himself end any Successor in interest that
accept only by way of Security fn and only far the purpose of Obtaining financing
necessary W enable the Buyer or Successor in Satereet to perfora his Obligations
with respect to asklag the lWomements under this P.graeaeot, the Buyer (except
as so authorized) hes net maws ou created and that he will not, prior to the pro-
per cOmpletioa of the Improvesents as certified by the galla, make or creme or
suffer to be mads or created any total Or partial sale, amlgr®nt, conveyance
Or lease a any trust or power Or transfer in my other mode or form of or with
respect to this easement Or the property ar Say interest therein or any contract
Or egreOment to do any of the sant without prior written approval of the Sella.
SYw Seller Shall be entitled to require as coodtt res; to any such approval that:
(1) Any proposed transferee shall have the qualification and
financial rdzponeibility, as deteraloed by the Seller, necessary and adequato to
fulfill the Obligations undertaken In this Agrasmm by the Buyer;
(1f) note has been submitted to the Seller .for raving, and the
Seller has approved, all Smtrum ets and other legal detonatesinvolvedIn affee-
ting transfer;
(iii) The consideration payable for the transfer by the transfer".
or an his behalf Shall not extend an moment representing the actual cost (imlu-
ding carrying chargee) to the Buyer of the property and the Imiweeanta, if any,
theretofore =de thereon by him; it being the Intent of this provision to pre-
clude aeotgament of this Agreement or transfer of the property for profit prior
to the completion of the lmprwcxants and to provide that in the event any such
aoaignmat or transfer is made (and is not camelled), Via Seller shall be entitled
to Increase the purchase price to the Buyer of the prmaxty provided in Ssctlm 2
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Of this Agrament by the amount that the consideration payable for the aeeigade:Y:
Ad transfer is in excess of the mount authorized in this paragraph, and auch
consideration shall, to the extent it in In "coca of she mount so authorized,
belong and be paid to the Beller.
(Iv) Me Buyer and his transferee shell comply with such other
conditions ad the Seller my find desirable to order W achieve and safeguard
the putposes of Chapter 168 of the Private sod Special five of Maine, 1997, as
®ended, nM the Declaration of Restrictions Ac it may be amended, and the
Fodetal Reading Act of 1949, as awvdad: Provided, Chat in the absence of spa-
cifie written accordant by the Beller to the couttary, no such transfer or ap-
proval by the Beller thereof shall be demes to relieve the Buyer or any other
party bound in any way by this Agreement or otherwise with respect to the con-
etructton of the Smprovaments iron Any of his obliSatime with respect thereto.
(e) None of the provisions of thin Agremeut are intended to or shall
be merged by reason of any Brad transferring title to the property fro the
Seller to the Buyer nr any successor In interest, and any such NM shall not he
defend to affect At Bair no provisions add novaeenb of this Agreement.
(f) For the purposes of any of the provisions of this Agreement,
saltbox the Seller mr the Buyer, as the case say be, ani any successor to Later.
eat, shall be considered In branch of or default in its obligations with respect
to the preparation of the Property for redevaiopeent, or the beginning and co-
pletiaa of construction of the BVrovadents, or progress with respect thereto,
in the event of delay in the petformnce of such obligations dm to unforeseeable
causes beyond his control add without his fault or aeglieeaoe, Includlog, but not
restricted to, acts of Gad or of the public enemy, Acte of the Goverment, arta
Of the other party, fired, floods, epidemics, quarantine restrictions, atrikee,
freight embargoes add unusually severe weather or delays of subeentrmtors due
to such causes: it being the purpose add intent of this provision that in the
event of the occurrence of any such delay, the ifs As time for perfaamanoe 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 Imyswemnes,
as the case my be, shall be extended for the. period of the delay; Pr�_Sded, that
the party Seeking the benefit of the provisions of this section shall, within
sixty (60) days after the beginning of any ouch delay have first notified the
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other party thereof in wilting, and of the mine or cutlets thereof and rayumeted
an extension far the paraod of the delay.
(B) Prior to the cooplation of as Tortreamsum by [he Buyer, neither
the Buyer We any successor in fattest to the Property omit engage In any £Sana -
elm or any other transaction creation any mortgage or other ecru Branca or Ilea
upon the Property, whether by erpraue nocturne or operation Of law, nc suffer evy
eaeuobreme or lien to be ode no or attach to the Property, eveept, and rely to
00 extent necessary, for the purpose of cbraintm foods for mating tba Reprove -
cents. It to further Word that the Buyer (Or succemor in Internet) shall
meaty the Geller to arouses of any martgege firming he persoms re eater fate
with seaport to the Property and in any avant that he Obali prmptly notify tM
Seller of any emmamu a or lien that tee been created as or attached to the
Property, whether by voluntary act of the Beyer or Otherwise
(h) Notwithstanding any of the Provisions of mar Agreement, including
but set limited to those rapresentim caveenmm =elm with the land, the holder
of any Obligation authorised by this Agreement (i=lodivg any each holder aha Ob -
Mina title to the property as a result 01 foreclosure proceedings or =ties in
lieu [hereof, but mr including (1) =y other party vbo thereafter obtains title
to the proporty from or through each holder or (P) any Other PWdhWer at men'
closers sale Other thou the holder of the obligation itself) stall is On wine be
obligated by the provisions of thin Agra"not to construct or complete the loprove-
mate or to guarantee such construction re cemplstimi not atoll any, eavereat ar
any other provision in the Bead be Mentioned to no ebligaee such holder: Pomided,
that nothlag In this section or any Other section or pravisios Of this Agreeecnt
¢ball m domed or wmtmed to peon or authorise any such holder to devote the
Property or any pare thereof to a" uvea, or to construes any ispreaemente t! teen,
other than these uses or l proaenants Provided or authorised in the Declaration OR
Restrictions, Ordinances of the City of Bomo[, and this Agreement.
s. No warmer, official Or onployee of the Beller shall have any removal
interest, direct or Indicant, in this Agr«me ut, we aball a" Such mmIDer, of-
ficial or emloyee participate is any decision relating to this ABreemeat which
affects his personal curer=m or the Interests of any earporeeim, Wmaisbip
or association in With he is. directly Or Indirectly, inter=ted. No member,
official or emplayee of the Sell" #hell be p metally liable to the Buyer or any
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successor in interest in the event of any default or branch by the Seller or for
my molmt which my became due to the Buyer or successor or on &up obligations
under the term of this Bounce.
S. Taxes add special aeeeamente, if any, due an or before the closing date
shell he paid by Beller.
S. Buyer herewith tenders One Hundred Seventy and W1100 Sellers
($170.00 ) which em is at least five percent (n) of no offered purchase
price m earnest many to became a part a the paymat of the purchase price of
the land upon acceptance of this offer by Seller. This em shall be held by
Seller and if this offer is not accepted, it shall he returned to Buyer, witbaut
Interest. it Shall be rusimood by the Seller for refmherSemnt as liquidated
studies to partially offset expenses incurred by the Seller for legal advettiaing,
title secret, internal Authority Administrative actions At otherwise if the Buyer
fails to complete the purchase of said land within the time specified In Paragraph
2 herein.
7. This offer is binding upon Buyer if accaptad by Seller within sixty (60)
days and carnet be withdrawn during this tire. If net accepted by Seller within
sixty (60) days, it Se automatically cancelled and expires, In which cele the
escheat money Shall be promptly refunded to Buyer, without interest.
g. Ciwfng of "Tamed shall teles place not voce than ons hundred Mary
(1211) days, or At otherwise spselflad to Paragraph 2 hereof, from date of game -
awe of this offer by Seller; amt tetiflcation to Buyer thereof by returning to
Buy" one (1) accepted copy of this offer to the address indicated below, She land
shall he cowered to the Buyer by a Warranty Seed an date of closing.
9. no Seller my or the Buyer shall promptly file the Send for recordation
Is the Penobscot Refinery of Benda at Bangor, Beim. The Buyer snail pay all
costs (including the east of any real estate transfer tax an the mad, fon which
sumps 10 the prep= amount Abell be affixed to the Seed by the Barrel fon sal
recording the Beed.
10. Promptly after completion of the Imrwemnes in accmrdame with this
Agreement, the Seller will fornfah the Buyer rich am appropriate leeteadene so
certifying. The certification by the Seller shall be (add it shalt he ee provided
in the nota and in the certification itself) a conclusive determination of sells.
tactics add termination of the advocates in the Agreement and the Dead with respect
"S.
Nomura an0 the Neu for uLhenof. the euttlicatim
shell be in sandy fen as vat: enable It to be recorded, If the Nllar shell To'
fee* or fell to provide the certlflenttoo, Ne Bailer shell, Within :vT O s
fads Nye after written request by the Buyer, promise the Buyer
alth a Witten gwtennt tvdiatloB to edequce detail bar the Boyar has tailed
to cnglets the [yrw®ore in confxalty with the Bthen Beaeml Pike m this
dgreuent, or to urbanites in default, •rd whet measures or auto it will be
SAO""", in the opinion of the Sailer, for the Buyer In use or perfait to under
to obtain the certification.
11. the word "Buyer" in this yreseret shell be construed to Maar both the
plural And singular crash", in any "Must, and to wean not only the sorry thereby
designated, but deo his, hey wr their respective het", essiBu,+Bacutoma, ad-
aluistntuns or soceessome is lutanet, u, in the even[ that any ouch party to a
Corporacion, its or their succeeaara or uripu.-
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ACCBP'WBCB:
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