HomeMy WebLinkAbout1970-04-27 151-X ORDERIntroduced by Councilor 151-R
,pr. 27,
1970
_p CITY OF BANGOR
QmE) OrY> Brt-_.Approving Proposed Contract for, Sale of Land in the Stillwater
Park Urban Renewal Project Parcel No 162
BY tM City Coasted of she aty of Bangor.
ORDERED,
THAT UNTRUE, the Urban Renewal Authority of the City of Bangor proposes
to enter into a contract for the sale of parcel mmbered 162
In the Stillwater Park Urban Renewal Project with Clyde B. & Helen D. Mills
; and
WHEREJS, the said Clyd4 B. & Helen D. Mille
has offered to pay the non of One Thousand, Six Hundred and -- 00/100 Dollars
for said parcel , said price being the minim® 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 provisions of Chapter 168 of the Private and
Special is" of Moine, 1957, as amended, City Council approval of all contracts
for the sale of Land within the project area is required; and
RUSSIAN, the Urban Renewal Authority has filed a copy of the
proposed contract witglYde D & Helen B Mrlle in the office of the City Clark;
NOV, MREFM, BE IT MIUSLBD:
THAT the proposed contract an file with the City Clerk be aM
is hereby approved.
10
151_%
�..-CLIVED
1970 ppq 23
3. 21 -oxncx
i11 `r j CSFlCr- Title,
Sale of iso -in Stillwater Pk m
............. 0........................
IN CIW COUNCIL 4eiSe},N4..}fr?......................
Ap it 37, 1970
PA55®
Introduced and filed by
clmax /�y/A
Coimcilmnn
Eevised April lb, i9bA
COAMAM FOR SALE OF IAID
(OpP3A ARD ACCBPPLNCB)
STILLMAM PARR PROJECT
PROJECT W. a. R-4
Bete March 16, 1970
D0: Urban Eeneal Authority of the
City of league ("Seller")
City Mall
Sector, Maine
OFFER:
1. Clyde H. & Helen D. Mills
hassle celled "Buyer," offers to buy, subject to the tela met forth berate, the
tolloafng described land:
Lot combated 162 as shown an Plan of Lod entitled
"Stillwater Park Project, Bangor, Penobscot County, Maine,
Urban Renewal Authority of the City of Beyer, Project Me. B-4"
consisting of disk (9) pages and rucorded in Penobscot Registry
of Cards to Plan Book 794 pages _X to 9 , inolusive.
2 Buyer will Peng One Thousand Six Hundred and 00/100 Sollars
01,600.M fee said land is Cash within ons hundrad all twenty (IN) days nftex
the acceptance of this Offer by Culler. the Authority my grant additional tine
upon written request free the Buyer.
+. Conveyance Of said lase ehQl be ode by Warranty Beed, subject to
eaeeeente of record, the Declaration of Restrictions for Stillwater Perk Proje:t,
Bente;:, Maine, R4, which we recorded in Volt" 2113, Page 3e5 of Passau"
Registry of bonds, and to these conditions set forth hereinafter to which buyer
expressly agrees.
(a) (t) Zia Buyer berets covenants by sad for himself, his bei�a,
e,acutora, administrators sad aecig" and nil parents claiming under or thrcngh
than, that Buyer and such heirs, enecutots, admtdlsCsters and "signs and all
Persons cloturing under or through t4® shall:
(1) Devote the Property to and Only to and In accordance
stth the case specified in the Incl,kat,n of Restrictions and as It as, be Fasx-
after amnd" free tim to tem;
(2) Bot diseeimiesta upon the basis of race, color, creed
or national origin in the sale, lease or rental or is the use oroccupancy of
the Property or any Is wvmnts erected or to be erected there**, or any part
thereof.
(it) It to intended and agreed that the agreements am covenants
provided In this section shall be covements cunning with the land end that they
shell, In any event, and without regard to tecbnical classification Or designa-
tion, legal or otherwise, and except Only as specifically provided In this Agree -
meat, be, to the fullest extent permitted by lav and equity, binding for the
benefit and in favor of, and enforceable by, Seller, its successors and aesigoo,
the City of Bangor, any successor In Interest to the Buyer of the Property, and
the Omer of any other load (or oftany interest in ouch lead) In the Project
Area which is subject to the land use requiremeat, and restrictions of the De-
claration of Mstrictiona, and the United States (in the case Of the covenant
provided in subdivision (2) of subsection (t) hereof) against the Buyer, his
successors and assigns, to or of the Property Ot any interest therein, and any
party in possession or occupancy of the Property. It Is further intended and
agreed that the agreement and covenant provided is clause (1) (1) shall remain
In effect until January 22, 2022, and during the term of aov extension thereof,
(at uhieh cies such agreement and covenant shall consumers), aha these provided
In clause (1) (2) ,hall rmtn in effect without limitations as to ties:
Provided, that such Agreements aha covenants shall be binding on Buyer himelf,
each successor in interest or assign, ane each party in Possession Or occuponcy,
respectively, Only for such period as be shell have title to or An interest in
or posaeeefon Or Occupancy of the Property.
(Ili) In amplification, and sot in restriction, of the provision
of the preceding subsection, it Is intend" aha agreed that Seller and City of
Dunbar shall be deemed a beneficiary of the agraesure and covenants provided u,.
subsection (f) Of this section both for and in its own right and also for the
Purposes of protecting the Interests of the cosnslty and the other parties,
Public or private, in afire favor or for chose benefit each agremate and caw -
aunts have been provided. Such agreements and covennats shall run in favor of
Seller and City of Bangor for the entire period during which agreesats end
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covenants shall be in force awed affect, without regard to Wether Seller and
City of Motor has at any rim Sam, re=ins, or is an ower of any lend or
interest therein to, er In fox of which such agreements AM covenants relate,
Seller end/or City of Damm shall have the right, In the ort of any breed,
of any such agreement or torment, to oxer iNe all the rights AM exceeding and
to =total* any actions at law or sults in equity or other proper proceedtoge
to enforce the curing of ouch branch of agreement or Accounts, to Which it ov
any other banefieiorios Of such Agreement or mummer my be entitled.
(b) To construct em (and Out Amex than me) standard Awaiting house
(single Emily) upon the land which will met the minfmm requirements to set by
City of Bangor sediments and the Declaration of Restrictions. Cosstemttut
=st start within six (6) meths of the date the Deed is recorded fe the Buyers
mud completion mut be accomplished within twelve (12) mntha of dam of
cementing construction. Plam for said dwelling house will be subject to me.
view by Seller prior to conveyance of the land. Within ninety (yD) don or the
date of the acceptance of the offer by galley, Super agrees to submit cceotruc-
tire plans for approval by Seller, and evldame satisfactory to the Seller at
Buyer's ability to finance the Construction of the proposed Impttesmpta.
(c) (s) In the event that prior to completion of the top rova=nu
as certified by Seller:
(1) buyer (sur aecesax it interest) shall default in or
violate his obligations with respect to the construction of the haprwesmts
(tmluding the nature end the dates for the beginning and completion tbmreufb,
or shall abandon or substantially suspend coustrattlou sort, and any such default
or violation, bbandoment Or suspabasiop shall not be Aural, ended or mediad
within three (3) mouths pix (6) maths if the default Is with respect to the
Asia for cemplation of the improvements) after wltten demand by the sellar sn
to do, Or
(2) fear* is, in violation of this Agroweent, any-rmsfor
of the Property or any change to Ownership of the Property, aha such violation
shall not be cured within thirty (30) days after written demand by the Sellar to
Buyer; then Seller shall have the right to to -eater and tele possession of the
property and to termsante (sad snot to Ne Sellar) the estate conveyed by ahs
d.
Warranty Deed to the Buyer, it being the Ipea-.t Chit the coenzymes of the Pxrgwr^
ty to the Buyer Guilt be mat upon a condition eubeaqueat to the offset that in
the amen of any default, failure, vfoeatfsv or other action cr function by the
Buyer specified in clauses (1) ars (2) of thdn subsection (I), feature ve the part
of the Buyer to remedy, and or abrogate such default, failure, vielatlon or other
&art= or Inaction within the period and in the ismer stated in said einmm,
Seller at its option my declare a termination In favor of the Seller of the
title, and of all the rights aid interest in the Property conveyed by the warranty
Bead to the Buyer and that each title and All rights and interest of the Buyer
and any amalgam, or successors in interest in the Property atoll revert to the
Seller: Provided, that such condition subse"ut am any revolting of title is
a result thereof in Sellar shell always be subject to am halted by, and shall
not defeat, render Invalid or limit in any my (1) the lien of any more&age
authorized by this Agreement end executed for the pole purpose of ebtaluiog fuaro
to construct the improvements, and (2) any rights or Interest provided la this
Agreement for the protection of the holds" n_ such mortgages.
(11) Seller shall have the right to institute such actions or
proeeedinga as it my deem desirable for effectuating the purposes of this earlier
(c), including also the right to swcute and record or file with the Paramount
Registry of Dzeds, a usittam declarative of the lamination of all rishta end
title of Buyer sad his Successor& in interest and assigua 1r for property, and the
revesting of title therein in the Heller{ a tmided, that say delay by the Seller
in Instituting or prosecuting any sash actions or Sze,.:edlnpa cr otherwise aasext-
log-its rights under this a.atiou shell sat nparatx ole a waiver of such rights -si
to deprive it of or limit such rights In any my (tt being Cha Intent of this pro-
vivioa that seller should net be constxafaed so an to avoid the risk of being de-
prived of or limited in the extrclee of the rmady provid.d to this section (c)
because of concepts of waiver, lessee or arboreta*) to exercise sets remedy at a
time when it my still hope otherwise to resolve the pro)lama created by the da..
fault involved, an &ball my waiver in fact met by Seller with rampant to eny
specific default by Buyer order this section (cl be cmaidered ar treated as a
vaiver of the rights of Seller vith respect to any other default$ by Buyer under
this section or with compact to the particular do£au£t except to the extent em-
c1£lealiy calved.
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(d) no Beyer represents and agrees that bed purchased of the property
and his other undertakings perwant m this 43velment are ami will M used far she
purpose of redevelopment o£ elo P.aysrty and not £oc speculation in land holding.
Sha Buyer further recagales that the gmllftcetime and Identity of the Buyer
are of particular comers to the cc ity ani the "list. SM Buyer further
carefulness that it is because of each yuntLftdattons anal identity that the Seller
is anterfug into this Agramunt etch the hrysr, and is so doing is further villiog
to mcept and rely an the obLigatfes a she Buyer Ere Ile, :nitbful preferences
Of ell uadertnkinge eM advantages hereby by his to be preferred without requiring
in additim ray agency hoed or studio mdertakigq. Bar the foregoing ruawa,
she Buyer rapromalm and sateen for himself god soy awmaso- is Internet that
except Only by way of security fm and only Ex the purpura of ah"Ieing fdmwtng
sacueary m amble the Buyer or nuccnemr in latermt to perform hie obligstloas
with respect to asking the Improvements under this Agreement, the Buyer (except
as ad mthorlmd) baa cot aide or created and teat ha All set, prior to the pro-
per completion of the bapsovemats as certified by the Bello, ante w create or
Buffer to be endo ar assert ray total Or partial tale, sentiment, eoweymea
or lease or any tenet or powar no transfer is soy carr gold o farm of or with
respect to this Aarmse ne cr one property or any Meareot sustain re my contends
ac agtaement to do my of ha move Athet prior witem avprnval of the Seller.
She Seller shall be entitled to require ac canditlem to any, seek appveal that:
(1) All) .r --posed transform sMll base she qualifications and
financial responsibility, en datermfud by LM Seller, necessary and Adequate to
fulfill the abifgatiosa lae6vUbes In this Agtaamat by the Boyer:
(1i) IDog 1> been suMittel to the Sul A.nr .for states, and the
Seiler too approves, all.:vstmvunse end other legal documents Involves in affee-
tiai tramfan
(III) It" consideration poyeb?n far the traveler by the tram Eaxos
or on hie behalf aMll set ranged an egomt representing the actual cuc (inclu-
ding mrryiry charges) tr the Iver of the Property nml the BeprovelmmCs, if any,
tharntofose made therms by hill: it bei" the in:1't of this provision to pre-
clude assignment of this Agreement or trp'"fer of See Property fm profit prior
to the empletlon of the lmprowassmae add to provide that in the avmt any such
malignant or transfer to made (end is not rowelled), the Sellar shall be entitled
to 'seemed the purchase price to the Buyer of the property prnoldM In Sectio 2
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of thin Agnement by the amount that the considerat1w payable for the asaigme^r
sn transfer to to arcate of the meant authorized " this paragraph, and such
canaiderstien shell, to the eatent it is in access of the mount so authorized,
belong and be paid to the Seller.
(iv) Me Buyer and his transferee shall amply with such other
coMltione as the Seller my find desirable to order to achleve and safeguard
the purposes of chapter 168 of the Private and Spacial laws of Naim, 1957, as
asonded, and the Declaration of Restrictions as it my be executed, and the
Federal Rowing Act of 1949, ea mmnded: Provided net in the absence of spe-
clfic written agreezuat by the Seller to the contrary, no such transfer or ap-
proval by the Seller thereof Shall be deemed to collate the Buyer or any other
party based in nay way by this Agremant or otherwise with respect to the can-
ntructloa of the Impravements it= any of his obligations with respect thereto.
(e) Rope of the provleions of this Agreement are intended to or shell
be surged by reason of any Dead transferring title to the property frm the
Seiler to the Buyer or any successor in interest, and any each NO shall wet be
domed to affect or txpalr the provisions and cavansrrto of this Agreement.
(f) For the purposes of any of the provisions of this Agreement,
neither the Seller nor the Buyer, as the case my be, net any successor in inter-
est, shall be considered in branch of or default in its obligations with respect
to rho preparation of the Property for redavelopment, or the beginning and am-
pletion of ccnstvwtiou of the ln?rovereare, or progress with respect thereto,
is the event of delay in the performwe of such obligations due to unforeseeable
mvees beyond his control and without his Unit or negligence, including, but not
restricted to, ecce of god or of the public assay, acts of the Goverment, acts
of the other party, firae, floods, epidemics, quarantine restrictions, strikes,
freight mbargses and unusually severe weather or delays of eubcontrmtors due
to such causes; it being the Ottawa and intent of this provleion Nat Sn the
event of the occurrence of any such delay, the time or time fee performece 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 Decrements,
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 (0) days after the 6egiming of any such delay have first notified the
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other party thereof in pelting, and of the came or cousin thereof and redwetad
an ex[maim for me parlod of the delay.
(g) Mine w the completion of the Imroeensam by' He Buyet, wither
the Buyer nor soy sagemaor to laramot to the property shall engage in any flon-
cing or any Other tram¢eion creating day marriage or other membranes or lien
upon the property, clothes by exprms sgreemne or aperatim of leu, or suffer sty
commencer or lien to be ode an or attach to the property, waept, And only to
the intent nmweery, for the porpaoe of straining Elide for making the Improve-
mats. It is further alleW that the Buyer (or successor In interest) oball
notify the Sellar in answer of any matgage fimmim he prOP0902 to enter tato
pith mspact to the property and in any event that be shall pvOdAlatly notify the
Seller of my aeumbrante or lire that lee base created m OF attached to the
property, Hither by voluntary Out of the Buyer or otheraiee.
(h) tlotpielatoadim any of the provisions of this Agermmt, iacluding
but Out limited to those representing covemate running aith the land, the holder
of any, obligation mthoeiaed by this egremant (including any each holder too eb-
raine title to the property an a result of foreclosure prmeadinge or action to
lire thereof, but cat includlag (1) my other party oho thereafter obtains title
to the property fret or through ami holder or (f) any other purchaser at fee-
clmure eats other than the holder of the obligation itself) shall in on vice be
obligated by the prwLions of this Agremoat to construct Or complete the Imrova-
mats or to guarantee such construction or cwyletim; nor shall my moment or
my other provision is the Deed be ceotrued to so obligate such holder; pry
that nothing in this statim Or any other section Or proaiwim of thin Warrant
shall be dermad or construed to lactic or mthmins any ouch holder to devote the
property or any pare thereof to any "as, Or to construct any inproo mento Hereon,
other than Hme was or Inpruvesents provided an authorised in the Declarattm of
Restrictions, Ordinances of the City of Hanger, and thin Agromee.
a, go amber, official Or employee of the Seller shell hove A" personal
Internet, direct or Indirect, in thin Agremmt, am shall any such tubes, Of-
ficial Or egloyea partfclpato in any declaim relation to this Annotator Which
affacta his Vermont interests cr the interests of app coxpoeatim, pertnerabip.
or association in %hith M in, directly or indirectly, interested. No menet,
official or entitles of the Seller shall be personally liable to the Buyer or sip
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nematode to Interest in the avant of any default of breneh by the Beller or for
any decade which my become due to the Buydr or successor or on any obligations
under the carni of this Agreement.
S. Twee$ red Special concentrated, it any, due am or before the clout" data
atoll he paid by Seller.
6. Beyer barewith tenders Eighty and ------ 00/100 Bolles
(800.00 ) which aum to at lase[ five percent (5k) a the offered purchase
price as correct covey to become a part of the payment of the Purchase price of
the lend open acceptance of this offer by Bolter. This ewe shall be held by
Seller and if this offer to act accepted, it shall be recorded to Soyer, wfttleut
Interest. It shall be credincd by the Seller for vetchureemeot as liquidated
do®Bee to partially offset expenses incurred by the Seiler for legal advsrtlsieg,
title search, interest Authority administrative ""toes a otherwise if the Buyer
Palle to consider the purchase of said lend within the time specified in Paragraph
2 hotels.
1. fhb offer is bidding sense Boyar If accepted by Belles within sixty (60)
days and "Wet be withdrawn during this time. IF not accepted by Seller within
slaty (60) doss, it to automatically cancelled add eapites, in which cede the
earnest many shall be Promptly defended to Buyer, without Interest.
S. Closing of pureness shall ruin piece nit were than am hundred twenty
(IN) days, at as otherwise specified in Paragraph 2 barred, from date of course -
word of this offer by Salter; and aotii'ie"im to Boyer thereof by returning to
Buyer One (1) accosted copy of this off" to the address indicated halon. The land
Shall be coweyed to the buyer by a Warranty Bard an dote of closing.
9. The Beller my or the Bayer shall promptly ala the Seed far recordation
in the Penabscat Begiatry of Nada at Nosey, thein. The Swyer $ball pay all
Coate (including the cwt of any real estate transfer to on the Deed, far wlaieb
stawa In the proper arcane shall be af£ised to the Bund by the Sud") f" so
rm"tlbg the Deed.
10. Promptly after completion of the Imcwemn:e in accordance with thin
Agreement, the Seller will Swedish the Buyer with an appropriate instrument so
certifying. Me certification by the Seiler Shall be (and it Shall ba so provided
in the Deed and in the certification itself) a conclusive determination ae delta -
Parties add rarefaction of the contemned in the Agreement and the Deed with respect
I@➢
_ . set stall rm.
paern M ertlfteatlon. Ne $allay shall, within
( ) days after writtn rquoet by the Burr. provide the Buyer
With a Written statement Indiratng In "a"te detail how the Buyer ban failed
to Copnte tha Byrovwents in ceoforalty rich the Urban nouenl plan or thin
npaneat, or Is etherxin to default, ane Chu Wsures r acre It Will w
enasnry, in the ootaion of the gellao, for the Buyer to tet or percors to order
to ebtan the certification.
11. The word "huyr" in chip wearnt atoll he construed to seen both the
Plural and angular aemobec, In any goads[, and to nae act only the part) thereby
deHpaated. but alto Me, her ar their respective halm, assigns,+:nueors, ad-
eniscranra r statements in Internet, W. in the ounce that sty such pasty is a
asrporation, its or [hair seccessrs or assigns.
�Wtws�e �'/ �7 eu1e
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Io City Cattail Council ear b.
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♦ True Copy, Accent:
City Clash
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AOOBPTdgcg:
Tba above offer to accepted this day of Ag..
and accordingly cesetitutee a bfedin ceetreet for sale of load beteteD gnycr end'
Seiler.
(SUL) P W PSNgkpJ, AWD( M W
ME OSTM W =wx
Nirueee Py
frmlz
Executive Director
APPgd AS TO SJ'ML mm APD ADPQWIOT:
Attorney
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