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HomeMy WebLinkAbout1970-04-27 150-X ORDER150-X Introduced by Councilor Balaacci, Apr. 27, 1970 /p, y CITY OF BANGOR - (TITLE,) (Dril il....App giving Proposed contract for sale of Lana in. the Stillwater Park Urban Renewal Project Parcel No 102 S 111 By tAs CIN Cowiei{ of the City ofBaapnr: ORDERED, THAT WHHRP.AS, the Urban Renevel Authority of the City of Motor proposes to enter into a contract for the sale of parcel numbered 102 6 111 in the Stillwater Park Urban Renewal Project with J. William Quinn ; and WHEREAS, the said S. William Quinn has offered to pry the am of Tbree Thousand, Two Hundred and 00/100 Dollars for said parcel , maid price being the minister approved price forsaid Parcel as 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 Maine, 1957, As rumored, 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 J. William Quinn is the office of the City Clerk; NOW, THEREFORE, BE IT oBUEREB: THAT the proposed contract on file with the City Clerk be and is hereby approved. 150-x 1970 AiP23 Y7' 3:21 p(7,, -ORDER - = OFF(CE -xdge, Sale of Land "in Stillwater ON VR IN CITY COUNCIL •••........... I ....................... April 27, 1970 PASSED Parcel rvc. 102 6 111 ............................. CI clvu Introduced and filed by fpancilman Dow Lead April 16, 1563 CONTRACT FOR BALD Q IABD (OFFS& AND ACCITIABCS) STILLWTSR PARK PRDJTCP PROOKCT B0. IB. R•4 .) p Date TO: Urban Renewal Authority of the City of Bangor ("Seller") City Rall send". Wine OFFER: p 1. 1 &1w6t,1e �,4CL ZZ22� herein calledoyer," offer to buy, subject to the terms eat forth herein, the fotlawivg dee ribed land: Lot m®bered le'2 � /1� as shown on Plea of Lend entitled "Stillwater Park Project, Bangor, Penobscot County, Wine, Urban Renewal Authority of the City of sensor, Project me. R-0" m"istiag of tion (9) Maas and recorded in Penobscot Registry of Deeds in plan Book 6 , pages �I to 9 , Inclusive. 2. Buyer will pay T/Fw aaLv.,.,� (k..Ac4i )`- * Dollars 01a11.- ) for said lend in cash within one hundred and twenty (120) days after the Acceptance of this offer by Seller. The Authority way grant additional time upon written request from the Buyer. 3. Conveyance of said land shall be mde by warranty Wed, subject to all easements of record, the Declaration of Restrictions for Stillwater Park Project, Banger, Woe. R -A, which was recorded In Volum 2113, page 385 of Penobscot Registry of Weds, and to those condition art forth hereinafter to which Buyer expressly agrees. (a) (1) Phe Buyer herein casemate by and for himself, his heirs, executors, administrators and assigns and all parents claiming under or through than, that Buyer 00 such helm. executers, administrators and assists and all Persons claiming under or through thm shell: (1) Devote the Property to and only to and in accordance with the wee specified It the Wclstati0a of Restrictions and as it may be here- after amended from tim to time; (2) pot discriminate upon the basis of race, color, creed or national origin in the $ale, leave or rental or in the net or Occupancy of the Property or any Lvprwamenta erected or to be erected thermos, Or any part thereof. (it) It is Lotended and agreed that the agreements and covenants Provided in this vection shall be covenants "ening with the land and that they shall, in any event, and without regard to technical classification or dmaigne- tion, legal or otherwise, and except only as specifically provided is this Agree- ment, be, to the fullest extent permitted by lav and equity, binding for the benefit and in favor of, and enforceable by, Seller, its successors a" swigs, the City of Baugoe, any successor In interest to the foyer of the Property, and the Owner of any other land (or eftany Interest in each land) In the Project Area which Is subject is the land use requirements and restrictions of the De- claration of Restrictions, and the United States (in the cage of the covenant provided in subdivision (2) of subsection (I) hereof) against the Buyer, his successors and aamigna, to or of the Property or any interest chorale, and any Party in possession or occupancy of the Property. It is further intended and agreed that the agreement and covenant provided in clause (L) (1) shall remain In effect until January 22, 2022, and during the term of any extension thereof, (at which flow such agreement and covenant shell terminate), and these provided In clause (1) (2) shall remain is effect without limitations as to time: Provided, that ouch agreements and covenants shall be binding on Buyer himself, each successor in interest or assign, and each panty in possession Or Occupancy. respectively, only for ouch period as he shall have title to or an interest in or posseaeioa or occupancy of the Property. (111) In amplification, end not is restriction, of the prov latent of the preceding subsection, it is intended and agreed that Beller and City of Bangor shall be deemed a beneficiary of the agreavente and nevermore provided in subsection (I) of this section both for and to its owe right and also for fee purposes of protecting the Interests of the community and the other parties, Public or private, in whose favor or for whose benefit such agreements and cove - extra have been provided. Such agreements and covenants shall run In favor of Seiler and City of Baegor for the entire period during which agreements and covenants shall hs in force AM effect, without regard to whether Seller and City of Semler Me at sup time here, ranging, Or to an Owner of any lend or interest therein to, w in favor of which such Agreements and coca manto relate. Seller and/or City of Bangor shall have The right, in ths event of any breach Of any such egremmnr or cwewnt, to exercise all the rlilhes AM remadlea AM to maintain Any actions at lav or suite in equity or other proper proceedings to enforce the euvin of such breach of Warmer or cocenent, to which it or Any other beneficiaries of such agraemant an cementer may be entitled. (b) To construct see (end But more than one) standard dualling house (single family) upon the land which Bill most the Main requirements as eat by City of Bangor ordinances and the Beelgration of gee[rictions. Construction mat stere within six (6) months of the date the Band is recorded in the Buyer's nem, AM completion mutt be Accomplished within twelve (12) months of date of commencing construction. Plan for said dwelling house will be subject to re- view by Seller price to conveyance of the land, Within nicety (SO) data of the date of the acceptance of the offer by Seller, Buyer agrees to submit crestrue- tien place for approval by Sellar, and evidence satisfactory to the Seller of Buyer's ability to finers the construction of the proposed Improvements. (c) (f) In the want that price to completion of tax Improvements as certified by Seller: (1) Buyer (or successor in interest) shall default in or violate his obligations With respect to the constractim of the Imprwamuata (including the mature and the dates for the beginning and empletion thereof), or shall abandon or substantially suspend conetructien work, and any such default or violation, hbandoemmt on auapensim shall ant he cora, anted or semadfed within three (3) menthe (six (6) menthe if the default is with respect to the dace for completion of the leprwemeuts) after Written dmand by the Beller so to dm, or (2) "ere Is, in violation of this Agreement, any trans far of the Property or any clouds in Ownership of the Property, and such violation shall Out be cured within thirty (30) days after written demand by the Seller to Buyer; then Seller Shall have the right to re-enter and take possession of the Property and to terminate (end revert to the Seller) the estate conveyed by the -3- Warranty head to the Buyer, it being the intent that aha ronvgyaane of the Perham ty to the Buyer shell be made upon a condition subeegwet to the affect that in the asset of any default, failure, violation or other action or 1n*atica by the Buyer specified in clause* (1) and (2) of this subsection (1), faulurs an the part of the Buyer to Comedy, and an abrogate such default, failure, violation an other action Or inaction within the period and in the meaner stated in said 018150¢8, Seller at its option may declare a tersdmsien in favor of the Seller of the title, and of all the rights and interest in the Property conveyed by the Wervanty Band to the Buyer and that such title and all rights and interest of the Buyer and any assizes or successor& in interest in the Property shall revert to the Beller: Provided, that such condition suheeguent and any revesting of title as a result thereof in Seller shall always be subject to and limited by, and shall not defeat, render Sovelid an halt in any say (1) the lien of any mortgage authorised by this Agreement and eaecnbd for the sole purpose of obtaining funds to construct the Ivprovements, end (2) any rights or interest provided in this Agreement for the protection of the holders of such marriages. (ii) Seller shall have the right to institute each actions or proceedings as it may deem desirable for effectuating the purposes of this section (c), including also the right to execute and record or file with the Pantheons Registry of heeds, a written declaration of Ne tarntnatten of all rights ane title of Buyer and big successors in interest and assigns in the Property, and the revesting of title thereto in the Seller; Provided, that any delay by Cho Bell" in instituting or prosecuting any each actions or proceedings or otherwise assert- ing its rights Ocelot this section shall set operate as a waiver of such rights or to deprive it of or limit such right* in any way (it befog the intent of this pro- vision that Seller should net be constrained eo as to avoid the risk of being de- prived of or limited in the exercise of the [weedy provided in this section (e) because of concepts of salver, Inches or otherelea) to agencies such remedy at a Vince when it my still hope otherwise to resolve the problems created by the de- fault involved, not shall any waiver in fact trade by Seller with respect to any specific default by Buyer Ogden this section (c) be considered or treated as a waiver of the rights of Sellar with respect to any other defaults by Bayer eager this section or with respect to the particular default except to the extent B, - cifically waived. -4- (d) The Buyer represents and agree& that his purchase of the Property and hie other uddartekinbe pursuant to this Agreement are and Oil ha used for the pwrpoes of redevelopment of the property and ant Eon speculation in I" holding. The Buyer further tmognteee that the qualifications and Identity of the Buyer are of particular connote to the commodity end the Seller. nt Buyer further recognlaes that it is because of such qualification& aad Identity that the Sellar is entering into this Agreement with the Buyer, end In so doing is further willing to accept add rely on the Obligation Of the Buyer for the faithful performance of all undertakings and covenants hereby by hie to be performed without requiring In addition any surety band or similar undertaking. per the foregoing reaema, the Buyer represents and agrees for himself and any successor in interest that except only by may of security for and Only tome the purpose of obtaining fimming necessary to enable the Buyer or successor in interest to perform his obilptions with respect to mkieg the Improvements under this Agronomist, the Buyer (except as so Authorised) has ant made or created and that he mill not, prim to the pro- per cmplatim of the Imprepemtats as certified by the Seller, make of create or suffer to ha some Or created any total Or partial sale, eerigmeent, conveyance or lame or any trust or power or trmefer in any ether mode m form of or Oth respect to thin Agreement or the Property or my Interest therein or any contract Or agreement to do any of the same without prior written approval of no Seller. The Seller shall be entitled to require as conditions to any such approval that: (1) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the Seller, necessary and adequate to fulfill the obllptiom vOdetteken in this Agre®nt by the Super: (1!) Shote me been submitted to the Seller .for review, and the Seiler has approved, all instruments and other label decments "involved in effec- ting transfer; (iii) The consideration payable for the transfer by the transferee or on his behalf ehdl not attend an ewmc reproseating the actual cost (inclu- ding carrying charges) to the Buyer of the Property and the Improvements, if any, theretofore wdo thereon by him; it being the intent a this psoviefou to pre- clude eeetgrumat of this Agreement or transfer of the Property for profit prier t0 the completion of the IYPTOvements and to provide net to the event any each aseigameat or transfer to meds (anal is not cancelled), the Seller shall be entitled to increase the purchase price to the Buyer of the Preparty provided in Sectio 2 -5- of this Agrement by the amount that the consideration payable for the ass4gare:G AT transfer is in season of the mount authorized in this paragraph, and such consideration shall, to the extent it in in exaeea of the mount so authorized, belong and be paid to the Seller. (iv) the Buyer and his transferee shall Amply with such other caaditious as the Seller may find 4calrebla in Order to achieve and safeguard the purposes of Obaptar 168 of the Private and Spatial Law of Maine, 1951, es amMAd, end the Declaration of Restrictions as it my be amended, and the Federal Housing Aar of 1949, as smvded; Provided, that in the absence of spe- cific written agreemunn by the Seller to the "Artery, no such transfer or ap- proval by the Seller thereof shell be demad to relieve the Buyer or any other party bound in any way by this Agreemnt or otherwise with raspect to the can- stvuction of the leprovemote fret any Of his oblinettme with respect thereto. (e) Mom of the provisions of this Agreem*t are intended to or shell be verged by reason of any Dead transferring title to the property fvm the Seller to the Buyer or any successor in interest, and any such Heed shell not be depend to affect or impair the provision* and covenants of this Agreement. (f) For the purposes of any of the provision* of this Agreement, neither the Seller a" the Buyer, no the came my be, nor shy successor in inter. car, shall be conaMered in breach of or default in its obligations with respect to the preparation of the property far redevelopment, or the beginning end am. Pierian of construction of the Dyyravesents, or progress with respect thereto, in the event Of delay In the performance of such obligations due to unforeseeable causes beyond his control end without his fault or negligence, Including, hot not restricted to, aces of and or of the public Amway, acts of the Goverment, acts of the other party, £fres, flood*, epidesics, quarantine restrictions, strikes, freight eabargoes and unusually severe weather or delays of subcontractors due to ouch caumee; it being the purpose and latent of this provision that in the event of the occurrence of any such delay, the time or time far performnme of the obligations Of the Seller with reeptce to the preparation of the property for redevelepeevt or of the Buyer with respect to construction of the lmpmvementz, as the case may be, shall be extended for the period of the delay; Provided that the party aeekiog 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- a:har party thereof in writing, and of the targe or casae thereof osd re-quated an esteoeica for the poraod of the Inlay. (a) prior to the eotplotim of the Lgroeenenm by &a gayer, entries the Sayer nor any momenta in Interest to the graparty shall engage in any ffmm- cles or any other transaction creating any Became or other meuybraace or lien upon t,to property, ,feather by Bascom asreessne an operation of law, or Buffer any mcundrmea er lieu to be coda on or attach to the Property, artept, and only to the career necessary, for the purpose of obtaining finds for eating the pepeove mate. It is further agreed that the Royer (or Burmsmv in Internet) shall notify the Seller is advame of my "top £lumens be proposes to enter tot* with respect to the property and in any avast that he shall precisely notify the $911" of my monodrama as lien that has bees created as or attached to aha pr*parcy, sherbet by voluntary act of the Rayer or nectarine. (h) notwithstanding any of the provisions of this Apecement, lacludtng but Out licited to these representing cavenents running with the lard, the bolder of any mIlgatica authorized by ate Agramamt (ixluding my each holder ams as' Miss title to the property an a result of foreclosure proceedings or action Ia lieu thereof, but act including (1) my other parry seen thereafter obtains title to the property free or through Buab holder or (f) say other purchaser at fora- closure sale other ata the holder of the obligation itself) shall to no also be obligated by as provisions of this Agreemart to maltreat err cmpleta its Lptme- area or to guarantee such construction ar amplatiml nor Shall goy covenant *r any other provision in the Reed be mnetruad to Be allgate each bolder: pr_��ided, that ecatsg in this motion or any other emtim or provision of this Agreenmt shall be deesad ar catetrued to preatx at authorise any such holder to devote the prepavty or any pert thereof to navy meg, or to contract my legrovaesats thersm, Other than those sea or inprovemnts provided ar ma*riaed in the paciarat£m of geartetiam, ordinances of the city of "Mae, aha this Agreement. a. go anchor, official or employee of the Seiler shell bass au Forecast Internet, direct or Indirect, in this McCarter, nor shall any such e®i+ev, nf- ficeal or eplapae participate in any declaim relating to this Agreement Beech effects his personal interesto Or the foretaste of any corporation, partnership or association in ales be is, directly or indirectly, interested. so m T, official or emplaym of the Sellar shall be personally liable to the Buyer or arp -y. Successor In interest in the want of any default an breech by the Beller or for any mmuer which my became due to the Badly or successor or on say obligations under the urged of this gardening. S. Ideas and spatial desegregate, if any, due an n before the closing data shall R pole by Seller. 6, Buyer meaxleh bMexe CC�u*w; Dollars which am is at least five percent (4L) of the offered purchase price ae earnest money to belong a pelt of the payment of the purchase price of the land upon aeeaptaaea of this offer by Utter. We am shall be held by Beller and if tag offer to not accepted, it shall m returned to Buyer, without Interest. it opsit be retained by the Sailer for mimburgemnt as liquidated Usages to partially offset expenses incurred by the Seller for legal advertising, title search, integral authority adgentstrative actions of otherwise if the Buyer falls to templet¢ the purchase of said land within the rim specified in paragraph 2 hotels. y. This offer to binding open Buyer if accepted by Seller within sixty (60) days end cannot be withdrawn during this tion. If cot accepted by Seller withfa sixty (be) drys, it is automatically cancelled and expires, to which once the earnest woney emit be promptly refunded to Deport airline interest. a. Closing of Vertices emit take pine not wore than one han&" treaty (120) days, on as otherwise specified In paragraph 2 hereof, from date of accept. =cc of this offer by Seller; and notification to Buyer thereof by returning to Buyer om (1) rceepted copy of chin off" to the allreas Indicated below. The land shall be conveyed to the Buyer by a Vulgarly Red on date of closing. 9. The Seller may or the Buyer abaft plurally file the Red for recordation in the raveNcot Registry of Deeds at Rugoxt beim. The Buyer obeli pay all coats (including the cast of any real estate transfer tax an as Rad, for Alch stags in the proper amount emit m af£iasd to the Decd by the Buyer) far do recording the Red. 10. prmptly after acceptation of the Improvements is accordance with thin Agreement. the Beller will farmigh as Buyer with an appropriate lmargecy 6o certifying. The certification by the Seller emit be (and it elan be so provided In the Deed and to the carrificetiae itself) a conclusion determination of setts - faction and termination of the reverence in the aggeemnt aM the Red with respect .a. to the obligations of the Buyer and his heirs and assigns to construct the Improve- ments and the dates for the beginning and completion thereof. The certification shall be in such form as will enable it to be recorded, If the Seller shall re- fuse or fail to provide the certification, the Seller shall, within thirty 30) days after written request by the Buyer, provide the Buyer with a written Statement indicating in adequate detail how the Buyer hoe fatted to complete the Improvements in conformity with the Urban Renewal Plan of this Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Seiler, for the Buyer to take or perform in order to obtain the certification. U. Phe word "Buyer" in this agreement shall as cmmtrued to mean both the plural and singular number, in any gender, and to Oman not only the party thereby designated, but also his, bar or their respective hairs, assigns, executer,, ad- ministrators or successors in interest, or, in the event that any such party is a corporation, its or their success ore or assigns. �! c witness NStness In City council Bete Buy¢E Buyer Address Telephone Council Order No.� A True Copy, Attest: City Clerk -q- 1Lm eboea 0££K to accepted this day of ly Seller. sed eeeoadWgly conKitui4a a bladieg eontract Ear 8410 0£ land between payer tad = my W BS = Witness By Mairmam GdCUC1VO il[KCUi 6t[oraey