HomeMy WebLinkAbout1970-05-11 168-X ORDER16R -R
Introduced by Coull[ilof Mooney, May 11, 1970
CITY OF BANGOR
(TITLE.) 1Ur71Brf..... /Approving Proposed Congract for. Sale of Land in the Stillwater
Park Urban Renewal Project Parcel No 152
BY W City CowvEl of W City Of Danger.
ORDERRD,
TRAT WHEREAS, the Urban Renewal Authority of the City of Bangor proposed
to enter into a contract for the sale pf parcel numbered l52
in the Stillwater Park Urban Renewal Project with Donald A. and
Virginia R. Deveau , and
WHERR45, the said Donald A. and Virginia R. Deveau
has offered to pay the am of One Thousand Five Hundred and 00/100 Dollars
for said parcel said price being the minions approved price for said parcel
as established by the Urban Renewal Authority and approved by the Department of
Rousing and Urban Developmny and
WHEREAS under the provisions of Chapter 168 of the Private and
Special Laws of Hain, 1957, me awarded, City Council approval of all contracts
for the sale of land within the project area
�� Is required{ and
WHEREAS, the Urban ReneTl&tnority has filed a copy of the
proposed contract with) onald A & Virginia R in the office of the City Clark:
NOW, TNU12FORE, BE IT ORDERED:
My the proposed contract on file with the City Clerk be and
is hereby approved.
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IN CTW COUNCIL - O R D E R
may 11, 1970
PASSED -Title
CIS, SSdI( Sale of Land in Stillwater Park DR
No:. 152 .......................
412LIntroduced a filed by
...........
Revised April 16, 15.3
CONTRACT FOR SALE OP LAND
(OFF.@ AND ACCEPTANCE)
STILLWATER PARR PROJECT
PROJECT NO. ME. R-4
mte�" 1tii J� /�/JD
Tb: Urban Renewal Authority of the
City of Bangor ("Sellar")
City Rall
Bangor, Maine
OFPBR:
1. �De)4rod A /�✓E�}1�
herein called 'buyer, offers to buy, subject to the tares sec forth herein, the
following described level:
Lot anointed —/-0- aS Shown on Plan of Lend entitled
"Stillwater Pack Project, Banaor, Penobecoc County, Maine,
Urban Renewal Authority of the City of Senior, Project Me. R-4"
consisting of nine (9) pages aid vocorded in Penobscot Registry
of needs in Plan Book 4 , pages %tel to{,o 99 , inclusive.
2. Buyer will peY4�2P^d-tr,� -jesll (G�.(�tlC`./ Dollars
($ ) 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 tiro
upon written request tram the Buyer.
3. Conveyance of said lead Mall be made by warranty Feed, subject to 811
easements of record, the Declaration of Restrictions for Stillwater Park Project,
Savior, Maim, R-0, which was recorded in Volum 2113, page 385 of Penobscot
Registry of Deeds, and to chase conditions set forth hereinafter to which Buy.:
expressly space.
(a) (1) The Buyer herein covenants by and for himael£, his hairs,
execveere, adminie tracers And "gig" and all persona claiming uMee or through
them, that Buyer and such heirs, executors, adadnistratore and assigns and all
Persona claiming under or through tb® shell:
(1) France the Property to and Only to and in accordance
with the uses specified in the Denlatarlou of geeriictiom and as it my be hu=e_
after amended free time to time;
(2) Not disorientate upon the brain of race, color, creed
or national Origin in the gala, lease or rental or in the use or Occupancy of
the Property or any Imprwesents erected or to be Granted chances, or say Port
thereof.
(1f) It is Intended and agreed that the agroements and covenants
Providad in this section Shall be covenants running with the land and chat they
shell, in any meat, and without regard to technical classification or emigre.
tire, legal or otherwise, and except only as specifically provided is this Agree -
mat, be, to the fullest extent perM[ted by lav and equity, binding for the
benefit and in favor of, and enforceable by, Seller, its successors and assigns,
the City of Bangor, any successor in Interest to the Buyer of the Property, and
the Omer of any other land (or *Reny interest to such land) in the Project
Area which is subject to the land use requirseents and restrictions of the Do-
elaratim of Restrictions, and the United States (in the case of the ceveant
""Ided in subdivision (2) of subsection (i) hereof) against the Buyer, his
successors and aeslgm, to or of the Property Or any, interest therein, and any
Party in posmselen our Occupancy of no Property. It is further intended and
agreed that the agrOmeat and crosscut provided in clause (1) (1) shall rea£n
in affect until latency 22, 2022, and during the teas of say extension thereof,
(at which etre such egreament and coverage shall cermiats), AM Noes provided
in clause (1) (2) shall Cerin in offset without lfafutlons as to tire:
PrwidM, that such agrmants and bwenonts Shall be binding on Buyer himelf,
each successor in Interest or "sign, And each party in possession Oc Occupancy,
respectively, Only for such period as he shall have title to or an interest Is
or poeseealm OT occupancy of the Property.
(111) In mplification, and not to restriction, of the provisions
Of the preceding subcac[im, it is intended and agreed that Seller Gad City of
Bence shall be deaved a beneficiary of the agreements nM covenants provided in
subsection (1) of this section both for and 1n its own right and also for the
purposes of protecting She locates" of On comunity and the other parties,
Public or private, in above favor or for whose benefit soh agreemnts aM cove
ante have been provided. Such agroments AM contacts shall rm in favor of
Seller and City of anger for the entire period during which agreements and
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covenants shell be In force and effect, without regard no whether Seller and
City of Bangor has at any time been, counties, at is an Amer of my land a
interest therein to, or to favor of which Such newcomer am covenants relate.
Salley and/or City of Bangor shall have the right, in the event of any breach
of any each agreacent or covenant, to exercise SII the rights am readies sad
to mintnin any actions at lav or suite in equity or other proper proceedings
to enforce the curing of such branch of ageeenanh or coarsest, to which it a
aq other beneficiaries of such agremaat ve covenant may be entitled.
(b) TO construct one (and not mora than am) standard duelling home
(mingle fmnly) upon the land which will met the mltim® requirements as eat by
City of Banger eminences and as Beclaiatina of gestxictinm. Construction
meet start within six (6) menthe of the data the Bead to recorded to the Suyer'e
oma, and empletion const be acconpliehed within halve (12) Wells of date of
connecting construction. Plana for said dwelling home will be subject to re-
view by Sellar prier to conveyance of the land, Within ninety (90) days of the
date of the acceptance of the offer by Seller, Buyer agrees to euhwit comtruc-
tinn plane for approval by Seller, and evidence satisfactory to the Seller of
Buyer's ability to finance the construction of the proposed Iaprovesence.
(c) (1) In the event that prior to completion of the leprovemnte
as certified by Beller:
(1) Buyer (or successor to interest) shall default in or
violate his obligations with respect to the construction of the lmprovemente
(including the nature and she dates for the beginning and completion thereof).
or shell abandon a substantially suspend construction wark, and any such default
a violation, hbandovaane or suspension shall not be cured, ended or canceled
within three (B) months (six (6) moths if the default Is vieb respect to the
date ter ca manna of the loproomenee) attar written denand by the Seller so
to do, or
(t) Thera is, In violation of this •gramssnt, any transfer
of the Property or any onstage in ownership of the Property, am such violation
shall not be cured within thirty (30) days attar written datum by the Seller to
Soyer: then Seller shall have the right to re -eater add take possession of the
Property and to extenuate (end severe to the Seller) the estate conveyed by the
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Yarranty Beed to the Buyer, it beiq the intent that the eonveywane of the Psrmec-
ty to the Buyer shall be made upon a condition Subsequent to aka effect that In
the covet of any default, failure, violation or other action or Lunettes by the
Buyer specified in clauses (1) and (2) of this subsection (1), feature on the part
Of the Buyer to rowdy, cod or abrogate such default, failure, violation or ether
active or function within the period and. in the sewer stated in said classes,
Seller at its option say declare a vaccination in favor of the Seller of the
title, and of all the rights sad interest in the Property conveyed by the Bareaney
Beed to the Buyer and that much title and all rights and interest of the Buyer
and any assizes or Successor* in interest in the property shall revert to the
Seller: provided, that Such condition Subsequent and any carousing of title as
a result thereof In Seller shall always be subject to and limited by, and Shell
not defeat, reader invalid or limit is any any (1) the Sive of any mortgage
authorized by this Agreement and esecutad far the Sole purpose of obtaining fusee
to construct the Improvements, and (2) any rights at Interest provided in this
Agreement £or the protection of the holders of ouch maragagea.
(ti) Seller Shall base the right to institute ouch actions a -
proceedings as it may dere desirable far effectuating the purposes of this Deceive
(c), including also the right to execute and record or file with the Peoohatot
Registry of Meda, a written declaration of the termination of all rights a"
title of Buyer and his Successors In interest and assigns in the property, arA the
terracing of title thereto in the Seller: provided, that any delay by the Seller
in instituting or prosecuting any such actions or proceedings or otherwise ascart-
ing its rights under this Section shall set operate as a waiver of such rights or
to deprive it of or limit ouch rights in way way (it being the intent of this Pro-
vision that Seller should not be constrained so as to Ovoid the risk of being de-
prived of or limited in the eearcise of the remedy provided in this section (c)
because of concepts of walver, lacbae or otherviec) to exercise such eemsdy at a
ties when It way *till hope otherwise to resolve the problems created by the de-
fault involved, net shall any waiver in fact made by Seller with respect to any
specific default by Buyer under thin beetioo (c) be considered or treated as a
wlver of the rights of Seller with respect to any other defaults by Buyer under
this section oa with respect to the particular default server to the extent ape-
cificaily waved.
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(d) The Buyer represents and agrees that his purchase of the property
and big other umuertakingo pursuant to this Agreement ate sod will he used for the
purpose Of r"emalopment of the property and not for gpeculAtIOM 10 land holding.
110 Buyer further reMoVises that the gnalifimtIme sad identity of the Rupee
ere of pertimler Concato to the commodity and the Seller. The Boyer further
recognians that it ie teenage of each qualifications and Identity that the Beller
is entering Into this agreement alth Che euysr, and in so doing is further willing
to accept and rely m aha obligation of the Buyer far the faithful performance
of all uodereghimee And cweamte hereby by him to be performed without requiring
in addition any surety bond ns similar andartaking. per the foregoing mesons,
the Buyer represents and agrees for himself and any successor in interest that
eampt Only by any of Security for and Only for the purpose of obtaining £imaciog
necessary to enable the Buyer or successor in Interest to pattern his Obligations
alth respect to making the improvements under this agreement, the Buyer (except
as es Authorised) has Out made On created end that he will not, prior to the pro-
per completion of the Imprtvamen[e ae certified by the Beller, make or create of
suffer to be made Or created any total or partial gale, aeelgaeent, conveyance
or lease or any trust or pager of transfer to my Other mode or form of or with
respect to this Agraemeat or the property m my interest therein or any costumer
or agreement to do any of the game wfchaut prior written approval of the Seller.
The Seller 9MIL be entitled to tegatre as conditions to any such approval chart
(1) My proposed transferee OMIL have the qualifications aha
financial responsibility, as determined by the Seller, necessary end adequate to
fulfill the Obligations anduttaken in this Agreement by the Buyer
(It) Theis has bona Outwitted to the Seller for review, and the
Isnot has approved, all iwtrments end other loge, decanters involved in effeg-
tima transfer;
(III) The cOoeideratim payable for the transfer by the trmeferm
or an his behalf shall Out argued an avamt representing the actual cast (1=10-
ding carrying charges) to the Buyer of ad property anal the Improvements, if any,
charcoals" made Incrust by him; it beteg the intent Of this provision to pre.
clods assignment of this Agreement or transfer of the property for profit prior
to the completion of the Improvements and to provide that to the event any each
maigmmt or transfer to made (And is not cancelled), the Seller shell be entitled
to iacteeee the purOhase price to the Super of the property provided in Section g
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of this Agreement by the greater that the consideration payable for the sesigmtnt
Or transfer is to eauea of the meant authorized in this Serigraph, and such
consideration awl, to the extent it to in encase of the nonan so authorized,
belong and be paid to the Seller.
(iv) me Buyer end his transferee Shall comply with such other
conditions as the Beller my find desirable to Order to achieve and safeguard
the purposes of Chapter 168 of the Private and Spacial 6aee of Mains, 1957, m
mended, and the Declaration of Restrictions as it may be awaaded, and the
peda=l Routing Act of 1949, as mended: Provided that to the absence of eye-
cific tauten agreement by the Seller to the contrary, no such transfer or ap-
proval by the Seller Murray shall be denied to relieve the Buyer or any other
party bound in any any by this Agreement or othereiae with respect to the am-
strtetlon Of the IRPCOvements frm any of his obligations with respect thereto.
(a) Rove of the provisions of this Agreement are Intended to Or shall
be merged by reason of any Dead transferring title to the property Exam the
Seiler to the Buyer or any successor in interest, and any such Bead shall not be
denied to affect or impair the provisions and constants of this Agreement.
(f) For the purposee of any of the provisions of this Agre,mat,
nelther the Seller ,our the Buyer, as the sae nip be, nor any successor in later -
wt. shall be considered in breach of or default in its obligations with respect
to the preparation of the Property for reaeveicant, or the beginning and cm-
pletion of construction of the Lyrovemsau, or progress with respect thereto,
in the event of delay inthe perforaunce of such Obligations dam to unforeseeable
causes beyond his control and without his fault or negligence, including, but not
restricted to, acts of god or of the public enemy, acts of the Goverment, seta
Of the other party, firer, floods, apidomiea, quarantine restrictions, strikes,
freight saturates ami unusually severe weather or delays of subcontractors due
to such causes; It boles the purpose and intent of this provision Chat in the
wort of she oceurrmce of any such delay, ibe time or time fou preferences of
Me obligetiom Of the Seller with respect to the preparation of the property for
redevelopment or of the Super Win respect to construction of the Ynpiweente,
as ate case my be, shall be exceeded for the. period Of the delay; he hided, that
the party seeking the benefit of the Pvtvlaiem Of this section shall, within
slaty (60) days after the beginning of any such daisy have first notified the
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Other party thereof to nrttlag, and of the came or Monte thereof and requested
an "togging for the pooled of the delay.
(s) prlor to the outstation of the Improvements by Ito Buyer, mitbar
the Bayer our my successor in Interest to the Property Shalt engage in amp ftama-
min or any other transaction creating any mortgage or other anerobra"a Or item
upom the property, vbether by e:4rane agreement or operating of lav, Of suitor any
ancumbxame or item to be rude on or attach to the Property, encept. and only to
iho "cent necessary, Our the purpose of obtedniag funds for cables the feprova-
aunts. It is further agreed that the Buyer (or successor In Internet) shall
notify am Beller to Mame of any martgase flnamimg ba proposes to antax fate
with respect to the property awl in any sugar that he shell'precptly notify the
"list of ray accountants or ilea that has boom created an or attached to the
property, souther by voluntary Out of the Buyer or otbexniee.
(h) Berstrisemneiing any of the pr"isions of this Agreement, Including
but out limited to those representing rovemata remains vi[h the tend, the holder
of any abliga lou authmtted by We Astronaut (including any each holder mho Cb -
Mine title to the property m a result of foreclosure prm"diABS Of action in
lieu thereof, but not including (1) any other party the, thereafter ebtalmS title
to the property from dr through curb holder or (f) any other purchaser at fore-
closure eels other than the holder of the obligation itself) stall in no rice he
Obligated by the provteivm of this Agreement to construct or complete the improve.
users or to guarantee Such construction or completion) a" shall a" covemeat or
any other provision in the tend ba construed ge so abllgate such holder: & lied,
that getting in this auction or any other section or provlelon of this Agreonmtt
shall be deemed or coeetrurd no permlt or anthorizo any such holder to devote the
property or any part thereof to any come, or to Construct any fmpcavaotnts theretm,
other than theme was or improvements provided or auth"irod in the Declaration of
geatrtctioeo, ordinances of the City of Bummer, and this "comsat.
4. No embor, official Or employee of the seller twit huge any parronal
interest, direct or redirect, in this Agreement, mor eball a" more mousier, of.
flelat or employee participate in a" decision ralatiog to this Agreement such
affects his personal Sntet"to or the interests of say, corporation, PerenerahiP.
Or association in ties he is, directly or indirectly, Interested. No member,
Official or employea of that seller shell be personally liable to the Buyer m any
successor to interest In the &seat of any default or breach by the Beller or for
say emmmt watch ®y become due to the Buyer or successor or on aty Obligation
under the rates of this Agreement.
S. 'Texas em spacial aesnagantd, it any, pas an as before the 4108108 pato
Shell be paid by Sellar. G dd
6. Buyer boraicLa tevdera /r//�/✓%) /�P /t�'1 pallors
(0 ) which tum 18 or least five Vere nt al of no offered purchase
Price as cermet money to bacwe a part of the Suspect of the purchase price. of
the lend also acceptance of thin offer by Seller. This am Shall be held by
Belies and if this offer is not accepted, it aball be returned to Buyer, without
Interest. It *belt be retained by the Seller for reimbursement as liqutdated
d®gee to partially offset expeesem Incurred by the Seller far lagal advercleing,
title stent-, Interest Authority administrative actions or Otherwise if the Buyer
Gila to ccnplete the purchase of said land within the time specified in Paragraph
2 battle.
y. This offer is biodiog eyes Buyer If accepted by Seller Vials sixty (60)
days end cannot be withdrawn do" ale time. If not accepted by Seller within
sixty (60) days, it is automatically cancelled and expired. to which coca the
outcast touts &ball be promptly, refunded to Buyer, without interest.
S. Closing of purchase shall tete place one mora ago was hundred [weary
(120) days, or as otherwise spe ifled in Paragraph 2 hereof. from data of accept -
encs of this offer by Seller{ and notification to Buyer thereof by returning to
Buyer van (1) accepted copy of thin offer to the address indicated below. than land
shall he conveyed to the My" by a Warranty heed an data of closing.
9. The Seller may n the buyer Shall prmptly file the geed for recordation
In no Posthaste Begieery of ➢code at SuuSeet ming. no Buyer shell pay all
sects (Including the cost of any real estate transfer tax an as Dead, fm VbIcb
stance in the proper amnmnt shell be offices to the geed by the Burn) fm So
recording the Beed.
10. Promptly after completion of no Improvements In accordance Via this
Agreemant, the Seller call furWeb the Buyer with an appropriate Instrument nm
certifying. The certification by as Seller shall be (and it shell be so provided
in the Dead and in the certification itself) a conclusion determination of satte-
£eaeton god tormimclm of the eovecaats in am Agreement and the Dead win respect
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to Cho Obligations of the Buyer and his heirs and aeelgta to construct the lvpzv�a•.
Mate Aral the dates for the boataning and completion thereof. "a certification
shall he in such fon as will matte it to be recorded, If the Salter shall To -
fare or fail to provide the certification, the Seller .hail, within
( ) days after written regmet by the Buyer, provide the Buyer
with A written statement Indicating In adequate detail how the Buyer Ne failed
to complete the Imprmemants in conformity with the urban Renewal Plan or this
Agreecmn[, we is otherwise in default, and what reassess Or acts is will be
necessary, in the opinion of the Seller, for the Buyer to take or perform to Order
to obtain the cettificattoa.
11. The word "Buyer" in this aBreameat shall he caustered to mean both the
plural and singular number, in any Bonder, and to roman not only the party thereby
designated, but also hie, Me or their respective hairs, assigae, -crosscuts, ad-
minietratoro or successors in Interest, or, 1n the Owner that way such party is e
corporation, its Or their successors or esaigm..
Ate, te, � (Z -e'
WitaesaBuyer
Witneoe Buyer j—
S% � ff1✓ � S/� ��7/P�;��
A sea. r/
l JJ Od
xelepnma
in city council council order No.
Bate
A True Copy, Attests
City clock
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AOCNp'W m:
itle aeevo offer is accepted cele day of 1g
cad ecco igiy cmtitutae a bindle; cmtraet for eels of lan0 eetwen eeyor so
Senor.
C086L) MIN 8MMW, APN9 M W
Wdtneeo 9y
CM1aisw.i_ ���
B'ecutLvo DL[a[oi
APP =D M f0 MM. lal%AND AMTJ :
At4omey
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