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HomeMy WebLinkAbout1970-04-27 149-X ORDER149-% Introduced by Councilor Haldacci, Ape 07, 1970 CITY OF BANGOR (TITLE.) (DTtiCri...... Approving Proposed Contract for Sale of Land. in the Stillwater Perk Urban Renewal Project Parcel No 140, 155 & 195 By the City Council of W aty of Reaper. - ORDERED[ THAT WTHEREAS, the Urban Renewal Authority of the City of Bangor Prposea to enter Into a contract for the sale of parcel sectored 1,40, 155 & ]95 in the Stillwater Park Urban Renewal Project with .Tames ascots ;and NERE AS, the said James Jacobs has offered to pay the am of Vivo nnimand six HundrP3 And 001100 nnIlDrs for said parcel said price being the minimien approved price for said parcel as established by the Urban Renewal Authority and approved by the Deparmarat of Noosing and Urban Development; and WNEMS under the provisions of Chapter 168 of the Private and Special Laws of Maine, 1957, as amended, 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 140. 155 & 195 in the office of the City Clerk; NOW, THEREFORE, B8 IT Og0&RED: THAT the proposed contract on file with the City Clerk be and is hereby approved. IN CITY COUNCIL April 27, 1970 PASSED 149-X ORDER - Title. Sale of land in Stillwater Pk. UR ...................................... ..Eescel.i9Q..lds 6 M............... Introduced and filed by ............. ..... Councilman Revised April 16,19!3 CONTRACT PON SALE OF "MD (OPPBg AND ACC@9 M) STSLLWTER PARK PNOJECf PROJECT NO. M8. R-4 Date March 12, 1970 TO: Urban Reoeual Authority of the City of gangue ("Sells", City Ball Bangor, Maine OFTER: 1. James Jacobs herein called "Buyer," offers to buy, Subject to the teras set Earth herafn, the following described land: hot numbered 140-155 8 195 as shown on plan of LM entitled "Stillwater Park Project, Bangor, Penobscot county, Maine, Urban Renewal Authority of the City of Bator, Project Me. R-4" consisting of nine (9) Mae and racorded in Penobscot Registry Of needs in Plan Bonk 24, pages 9 to 9 , inclusive. E. Buyer will pay Eive Thousand Six Hundred and 00/100 Dollars (95,600.00) for said lend in cash within One hundred and twenty (120) days after the acceptance of this offer by Seller. The Authority my grant additional ties upon written request from the Buyer, 3. Conveyance of said lend shall M mde by warranty Med, subject to all eeaemnts of record, the Declaration of Restrictions for Stillmter Park Project, Bangor, Maim, R4, which me recorded In Values 2113, page 385 of Penobscot Registry of Meds, and to those conditions act forth hereinafter to which Buyer expressly agrees. (a) (f) The Buyer herein covenants by and for hlmelf, his heirs, axecut"re, administrator@ and assigns and all persons claiming under or through them, test Buyer and such heirs, executors, administrators and assign@ and all Persons claiming muter or through than Shall: (1) Devote the Property to and only to and in accordance with the uses specified is the MCl ration of Restrictions And On 1t my be hore- after amended from time to tim: (2) Bot discriminate upon the basis of race, color. creed or notional origin in the sale, lease of rental m in the nae or occupancy of the Property or any Iaprovmeants scouted or t0 be erected thereon, or my part Thereof. (11) It is intended and *greed that the agreements and covenants provided in this section shall be summers coming with the land and that they shall, in any event, and without regard to technical classification m dmigm- tim, legal or otherwise, and except only as specifically provided in this Agree. want. be, to the fullest extent patmitted by law and equity, binding for the benefit and 1n favor of, and enforceable by. Seller, its successors and motgns, the City of Bangor, any successor in Interest to the Buyer of the property, ad the Owner of any other lad (or oftmy interest in such land) In the Ptofecc Area Mich is Subject to the lad mo requirements and restrictions of the Be- clacatim of Restrictions, and the United States (in the came of the covenant provided in subdivision (2) of subsection (1) hereof) against the Buyer, his successor$ and smigm, to or of the Property of any interest Therein, and any party in possession or occupancy of The property. It is further intended and agreed that the agreement and covenom provided In clause (1) (l) shall remain in effect until January 22, 2022, and during the tem of any exteauion thereof, (at which time such agreement and mummer shall terminate), and Those provided in clause (1) (2) shall renin in effect without limitations as to time: Provided, that each agreements and summers shall be biding an Buyer himelf, each successor in interest or assign, sod each party in possession m occupancy, respectively, Only for such period am he *hall have title to at an Interest to or possession or Occupancy of The Property. (111) In amplificatim, end not in restriction, of the provisions of the preceding subsection, It is Intended and agreed that Beller mod City of Bangor shall be deemed a beneficiary of the agreements and comments provided in subsection (i) of this section both for *d In its own right and also for The Purposes of protecting the Interests of the no®mity and the other parties, public or private, in Moes fever or for Mme benefit sucb agroments and com. mote have been provided. Such agreements ed covenants shall run in favor of Boiler and City of Bangor for the entire period during Mich agreernte and •2 covenants shall be in force And effect, witha t regard to whether Seller and City of Bangor hes at say tim been, semina, or is an Ames of my land at interest therein to, Or In term of which such agremaeto end aoveaents micro. Seiler and/or City of Send" shall have the right, to the event of any breach of any such agreement or covenant, to exercise all the rights and resedim and to mintain any actions at law or suits in equity or other ,ropes prmsedinga to enforce the curing of such broach of agrsemnt or covensmr, to which it as any other beneficiaries of Such agreamat or covenant my be entitled. (h) TO construct one (and oat mon than ans) standard dwelling home (single family) upon the lead which will met the momma requirenaats as set by City of Bangor ordinances Rod the Intimation of Beatsiction. genotructtes want start within Rix (6) months of the date the peed is recorded in she Buyer's owes, and cmplation meat be amouplishad within twelve (12) maths of date of emmeucing construction. Plana for said dwelling bouse will be subject to re- view by Seller prior to conveyance of the land, Nithin ninety (80) days o8 the date of the acceptance of the offer by Seller, Buyer agrees to submit emetrm- tion plain for approval by Seller, and evidence satisfactory to the Belles of Between ability to finance the construction of the proposed Improvemans. (c) (1) In the event that pries to complation of the Improvemats as certified by Seller: (1) gages (or successor In interest) shall default in or Violeta his obligations with respect to the ematcuctim of the Impsavamu0a (including the nature and the dates for the beginning and cowplation thereof), or shall abandon or substantially suspend crostwucim work, and say such default or violation, hbandoomat m euspmmion Shall cot be cured, ended or rmedied within them (3) wnthe (six (6) mmtbe if the default is with respect to the date for completion a the Ismovemems) after written decand by the Seller so to do, of (2) nor* Is, in violation of this Agraemut, any transfer of the property or any change in venerably of the Property, Red Such violation shall not be cured within thirty (30) dogs after written toward by she Belles to Buyer; then Seller shall have the right to ra-eater and mks possession of the Property and to terminate (and revert to the Salsas) the asters com med by the .3- wetranty peed to the Buyer, it being the intent that the enmryemce of the proper- ty to the Buyer shall be ®de upon a condition aubeagvent to the effect that in the event of any default, failure, violation or other action or function by the Buyer specified in clauses (1) ad (y) of thin subsection (1), faalue on the put of the Buyer to needy, sod or abrogate such default, failure, violation or other action at inaction within the period and in the manner stated in said clauaen, Seller at its option may declare a termination in favor of the Sailer of the title, sod of all the rights ace interest in the Property toaveyed by Ne Warranty Deed to the Buyer and that rock title and all rights fled interest of the Buyer and any deals" or euccessore In interest in the property $Bell revert to the Seller: provided feet such condition subsequent and any tonsuring of title as a result thereof in Seiler shall always be subject to and limtbed by, end Shall not defeat, render invalid or limit in a" say (t) the lien of my mortgage outbarieed by this Agreement and mounted for the role purpase of obtaining faces to construct the lO�soWmats, and (f) any rights or incereet provided in this Agreement fu the protection of the holders of much mortgages. (ii) Seller mall lour the right to Institute Such actions er proceedings es it say deem desirable fu effectuating the purposes of this section (c), including also the right to executo and record or file with the PenWecet Registry of Deeds, a mitten declaration of the teraination of all rights and title of Buyer and his successors is interest and assigns In the property, and the reveating of title thereto in the Sellar{ provided, that any delay by the Seller in instituting or exonerating any each actions or proceedings as otherwise assert - Ing its rights Order this section shall net operate as a vainer of Such rights or to deprive it of or limit each rights in any my (it being the Intent of this pro- vision that Seller should not be constrained so as to avoid the risk of being de- prived of or limited in the exercise of the rowdy provided in this section (c) because of concepts of wives, Inchon or otherviee) to "Orcise each remedy at a time when it way still hope otherwise to resolve the problems created by the de- fault involved, nor shall any waiver In fact mde by Sellar with respect to any specific default by Buyer under this section (c) be considered on treated as a waiver of the rights of Seller with respect to any other default* by Buyer Order this section u with respect to the particular default vacant to the eaten ap, - cifically solved, -4- (d) The Buyer represents and agrees that his forebear of the Property and his other undertekigga forecast to this Agreement are and will he weed for Cho purput of redevelopment of the property and not for speculation in land holding. no Buyer further recognizes Chat the qualiflcetloos and identity of the Boyer Bre of "tricot" concern to the casualty evd the Seller, Che Buyer hither varamaives that it is because of such gnelificntiou and Identity that the Seiler Is entering into this Agreement with the Buyer, and it so doing is further willing to accept and rely on she obligation of the Buyer for the faithful performance of all undertakiMs and covenants hereby by him to be performed without requiring in addition any surety bond or similar andertskine. par the foregoing reasons, Che Buyer represents and agreed for himself and toy Successor in interest that except only by way of security for and only for the purpnee of obtaining financing necessary CO enable the Buyer or Successor in interest to perform his obligation with respect to making the Improvements under this Agreement, the Buyer (except as So authorized) has net ode on created and that he will not, prior to the pro- per completion of the Improvements es Certified by the Beller, make or create or suffer to be made or created any total as partial sale, eesignmmt, conveyenae or lease or any trust or poser or, transfer in any other made or form of or with respect to this Agreement or the property Or any Interest therein or any contract or agreement to do say of the sem •ithout prior written @proval of the Seller. Sha Seller &MCI be entitled to Cadmium as conditions to a" such approval that: (1) Any PrOPeaed transferee shall base the qualifications end financial responsibility, oo determined by the Seller, veceeaary and adequte to fulfill the obliSatlooS undertaken In this Agreement by the Buyer; (it) Thera Me bene Outwitted to the Seller for rarles. and the Seller has approved, all inetriments and other legal documents 3ovolved in affec- ting transfer; (III) no consideration payable for the transfer by the transferee or an his behalf omit not exceed an amenet representing the actual coat (inelu- dSng carping chargee) to the Buyer of Me Property and the Improvements, if any, ths"tofore made thereon by him) it being the intent of this provision to pre- clude aoeigament of this Warrant or transfer of the Property for profit prier is the completion of the Improvements and to provide Chet in the. event Say each assignment or transfer is wade (add is not cancelled), the Seller $Mll be entitled to 'Cartoon the purchase price to the Buyer of the Property provided to Section 2 -5- of this Atrement by the amount that the consideration, patella for the easlgnmeat or transfer is in exceas of the cement authorized in this paragraph, and such consideration shall, to the extent it is in stemma of the resume me authorized, Wong and be paid to the Seller. (iv) The Buyer and his transferee shall comply with such other conditions as the Seller my find danfsable in "der to achieve and safeguard the purposes of Giesler la of the Private and Special laws of Sales, 1957, as scandal, and the Declaration of Seatrlctione as it my be aacodad, and the Federal Housing Act of 1949, as emended: Provided, der in the absence of spe- cific written agreement by the Sellar to the contrary, no such transfer or ap- proval by the Seller thereof shell be deemed to relieve the Buyer or any other party bound in a" way by this Agreement At otherwise with respect to the con- struction of the Improvements from any of his obligations with respect thereto. (a) Bove of the provlaiom of this Agreement are intended to or shall be surged by rename of any Dead transferring title to the property from the Seller to the Buyer or say successor in interest, and any such Dead Shall not be served to affect ar impair the provielooe and covenants of this Agreement. (f) For the purposes of any of the provisions of this Agreement, neither the Seller mer the Buyer, as the cavo my be, n" any euceaeaor in Later. Out, shall be considered in branch of or default in its obligations with respect to the preparation of the Property for redevelopment, of the begimisg sod am. pieties of construction of the Improvements, at proareae with respect thereto, in the event of delay in the parformae of such abllaatione due to unforeseeable causes beyond his control and without hie fault or negligence, including, but not restricted to, acts of God or of the public stony, acts of the Counteract, nets of the other party, fires, floods, epidemics, quar ntiae restrictions, strikes, freight nmbargena and unusually severe wartier or delays of subcontractors due to Ouch causes; it balog the purpose AM Intent of this provision that 1n the event of the occurrence of any such delay, the vim or time for Performance of the obligati0nS of the Seller with respect to the preparation of the Property for redevelopment or of the Buyer with respect to construction of the IDyrevemnts, as the case may be, shall be extended for the period of the delay; Provided, that the party snaking the benefit of the provisions of this section shall, within sixty (80) days after the beaimlry{ of any such delay have first notified the anar "try thereof in wrtting, and of the ¢nuc® or agents thereof and rftu etw an asterion for no period of the delay. (g) price to the completing of the rota"¢" by an Buyer, minor the oryor nor my eaocetaor to lnteroat to tae property shall evgage In am Simon- tin or any cast transaction creating any maregsSe or ether e$euabrunce or line upon as Property, Nether by euproes agreement er operating Of lav, or suf£ar any enoambrame or Ilan to be node on or attach to the Property, except, and only to the e¢test Annotator, for the propane of ataioing funds for ma lm the Im{rome meats. It to further Ova" tune the Buyer (or successor in interest) [ball notify the Sellar in advance a any mcrtgpga fieamnins he proposes to ant" Into tin "spent to the property and in any avant that he [ball Prmptly mcify the Seller of my eometrame or lien that has been created an or attached to the property, whether by voluntary act of the Buyer ar Otherwise. (h) Bw+eltM1aNMing Say of the provision; of this harassment, Including but net limited to those representing ememnte ranging with the IoM, the holder a my obligaeiou authoriced by this Agreemut (iucludiM pay each holder No N- Islas title to the property as a "Bolt of foreclosure prmeadivv or action to lieu thereof, but not Including (1) my case party who thereafter atelas title to at property Stan dr through such holder or (f) my other purcheser at fore- closure sale other than the holder of the obllgation itself) shall to no vlea be Obligated by the provisions of this Agreement to eomtrwer an templets the ISPrme- cents or to guarantee such construction an completing; nor shall acy covemat an any other provision In the Deed he construed to mo Obligate each holder. Frovided, that nothing in this getting Or spy ether section an proviefm of Nis Agretaent shall be seared or construct to permit or auaml= any each holder CO detain the property or ley part thereof to any Ones, an N construct any improvements thersm, ether than thane Was Or Impsaverents pravidad or Auttacieed in the Declaration Of Restrictions, Ordinances of the City of Bnd". act thin Agreement. 4, no rather, official or employee of the Seller ¢hall base amp personal Internet, direct or Indirect, in this Agreement, nor shall any each greater, Of- ficial Or employes participate in say declaim sainting to this agreement anion affect$ hie personal interests an the Interest$ Of any corporation, partnership Or association in N£N h$ is, directly ar Indirectly, tntarepted. No anchor, offictal or employee of the seller stall he personally liable to at buyer or any successor in interest in the event of any default or breech by the Seiler or for any merge which my become due to the Buyer or successor or an any obligations under the terms of this Agreement. S. Texas and special sesesaments, if any, due ng or before the closing date shall be paid by Seller. 6. Buyer herewith tamers Four Hundred Fifty and 00/100 Balham (y450.00 ) whieb Bum IS at inner five passage (52) of no offered purchase price ae earmat story to becros a part a the payment of the purnmas price of the land upon acceptance of this offer by Heller. rate am shall be held by Beller and If this offer is not accepted, It shall be returned to Buyer, winger forecast. It shall be retained by she Seller for reimbursement as liquidated damages to partially offset espouser incurred by the Seller for legal advertfabg, title search, internal Authority admigfstsative actions of otherwise if the Buyer fails to complete, no purchase of said lwd within no ties specified In Paragraph 2 hotels. y. Thin offer is binding rpm Buyer if &coapted by Sellar within strip (60) days and career be withdraw during this ties. If not accepted by Seller within slaty (60) days. it is automatic lly teaselled age expire, to which ease the earnest meey shall be proomtly targeted to Buyer, without Interest. a. Clering of purchase shall tab place not mote than one hundred treaty (120) days, or as otherwise specified in Paragraph 2 hereof. free date of accept. once of this offer by Seller; red notification to Buyer thereof by returning to Buyer ons (1) accepted copy of thin offer to the address indicated balm, The land shall be conveyed to the Buyer by a Warranty Beed on date of closing. 9. The Seller my or Na Bayer shall promptly file the Beed for recordation In the Penobscot Registry Of Sunda at Bangor, Maine. no Buyer awl pay all costa (Including the coat of any real estate transfer tas w the Deed, far which stamps in the proper center shall be affixed to the Dsed by the Buyer) for 9e recardiog the Deed. 20. Promptly after completing of she Ivptwemente in accordance with this Agreement, the Seller will fuming the Buyer with an appropriate instrument so certifying. no certification by the Seller shall be (and it shall be an provided In the Deed aha in the certification itself) a conclusive determination of Built. "art= and tormimtfou of the cwemnra in she Agresseac rod she Deed with respect 4. to the obligations of the gayer aha his Nin and aseigaa to cdiuttmt the lrlrOno- mean and the daces for the beginning and COM10tioa eNnef. no dreafl<atioo shell be in such fen at sill eeabls it to N retarded, If the Seller eNll To. us or fall to provide the certification, Na Seller shell, rithiv ., 'f'' (LZ) days after wit[ea taweet by the Boyar, prwids the Buyer sith a arltten antement indicating in adequate detail Mw the Buyer las failed to rawlate the paprwaxvice !a confornq slth the gross, Bevevel Pisa Or this Agreaeeuq or is athevrlea in default, and shat wasures or act. 1a Will ha anceseavy, in the Opinion of the Seller, for the Buyer to take or perfora is Order to obnia the certification. 11. The Gard "Buyer" in this agre mc shall he construed to uwun both the plural sod singular natant, in soy Leader, and to soon net Only the party thereby deaigneted, but also his, her or their respective heirs, assigns. euecuton, ad- vinlatretore or eucatsoms SA iatstest, or, in the went that any Ouch party is e corporation, its or their successors or assigns Wits Z Gitveta INy01i iiltaeea /L�Buyer// 17 0)i e:i� 7�/pito✓ Adder ZAP >i xrsapaoae Tn city council Council aster go.,_ tan A True Copy, Attest: City Clerk AMP==: The above offer to accepted thio day of and accordt a81 y ca�situ[ae a 6lndln8 aw[¢ace fes ealo Of laud . between Buyerwd Belles. (MU) 888&8 BEWBWAL AUa'B�ITg Oy TBS CITY C8 M= Witneee By Chair¢ia @10CUCfq! BiiN [Oi ATB88yee AB m mm 88&1 AWe A Sue: A[t=oy