HomeMy WebLinkAbout1970-05-11 169-X ORDER169-9
Introduced by Cannella? Mooney, May 11, 1970
//pp CITY OF BANGOR
dy
(TITLE.) rbert--Approving Proposed ConFract for. Sale of Land in the Stillwater
Park Urban Renewal Project Parcel No 198
BY the My GbanoU of MAP City ofBaaWr:
ORDERED,
TEAT WHEREAS, the Urban Renewal Authority of the City of Bangor proposes
to enter into a contract for the sale of parcel restated 198
in the Stillwater Perk Urban Renewal Project with J. Henry and
Nadine M. Cameron and
WHEREAS, the said J. Henry h Nadine M. Cameron
has offered to pay the am of Thirteen Hundred and -------00/100 Dollars
for said parcel , said price being the minims approved price for said parcel
as established by the Urban Renewal Authority and approved by the Department of
Housing and Urban Oevelopuenq and
WHEREAS under the provisions of Chapter 168 of the Private and
Special Laws of Maine, 1957, as aranded, City Council approval of all contracts
for the sale of land within the project area is required{ and
WHEREAS, the Urban Renewal AutQgJ&JMa filed a copy of the
proposed contract wlthJ. Henry L Nadine M in the office of the City Clerk:
RCN, THEREFORE, BE IT oH0ERE0:
THAT the proposed contract on file with the City Clerk be and
is hereby approved.
169-x
ORDER
Tine,
Sale of Land in Stillvate Palk M
...................................
Pazcel NO. 198
...........................
Introduced and filed by
ice.....
Revised April 16, Igt9
COSTRACT FOR SALE OP LAWS)
(OFM AND ACCEPTANCE)
STILLWATER PARK PROJECT
PROJUCT NO. MR. R4
Mt. May 5, 1970
TO: Urban Rantoul Authority of the
City of Bangor ('Beller")
City Bell
Rangur, Maine
OPpBP:
I. J. Henry and Nadine M Cameron
herein called 'Buyer,' offers to buy, subject to the terms set Earth becalm, the
following described feud:
Lot mattered 198 as shorn on Plan of Lead entitled
'Stillwater Perk Project, Bangor, Penobscot County, Maine,
Urban Alumni Authority of the City of longer, Project Me. R-4"
misting, of mine (9) pages and recorded in Pembacot Registry
Of needs In Pian Book 24, Pages I to 9 , inclusive.
2. Buyer will pay Thirteen Hundred and --------- 00/100 Dollars
($1,300. ) for said lead in cash within *me hundred and twenty (120) days after
the acceptance of this offer by Seiler. Me Authority any grant additional tine
upon written request fres the Buyer.
3. Conveyance of said land shall be made by Warranty Teed, subject ee oil
saesomAto of record, the Declaration of Restrictions for Stillwater Park Projezet,
Banger, Maim, RA, which waa recorded in Pulses 2113, page 385 of Penobscot
Registry of geode, and to those conditions eat forth hereinafter to which Ouyta
expressly agrees.
(a) (i) the Buyer herein covenants by and for himself, his baso,
castanets, administrators and assigns aha all parse" claiming under or through
than. that Buyer and such heirs, ewecurore, administrators and assigns and all
persona claiming under or through them shall:
(I) Devote the Property to sed only to and in aceordamo
with the "as specified it the Taeleksiion of Restrictions and as it may be c_r.
after ameaded free time to time;
(2) But discriminate upon the basis of cats, color, creed
or national origin in the sale, lease or rental or is the use or occupancy of
the Property or any Improvements erected or to be erected thereon, Or any part
thereof.
(11) It is intended sad agreed that the agreements and curvature
provided to this section shall res covemnta conning with the land and that they
shall, In any event, and without regord to technical classification or designs -
ties, legal Or otherwise, and except only as specifically provided in this Agree -
want, be, to the fullest extent permitted by lav and equity, bidding for the
benefit and Is favor of, and enforceable by, Seller, its successors add assigns,
the City of Badger, any successor in interest to the Buyer of the Property, and
the owner of any other land (or ofeamy interest in such land) in the project
Area which is stilted to the land use requirements and restrictions of the Oe-
claratim of Sestrletims, and the United States (in the Case of the covenant
provided in subdivision (2) of subsection (i) hereof) against the Buyer, his
successors end assigns, to or of the Property or a" interest therein, and any
Party it possession or occupancy of the Property. It is further intended and
agreed that the agreement aha cuvemat provided in clause (1) (1) shall remain
in effect until January 22, 2022, add during the term of any extension thereof,
(at which time such agreement and arrestor shall teamideste), she chose provided
in clause (1) (2) shall remota in affect without limitation& as to t1m:
Provided, that such agreements and dovment; shall be bindtng on Buyer htmalf,
each successor in interest or assign, and each party in possession Or Occupancy,
respectively, only for each period as he shall have title to or an interest in
or poaeessinn or Occupancy of the Property.
(iii) In amplification. and not in restrietion, of the provisions
of the preceding subsection, it to intended and agreed that Seller and City of
Bangor shall be darted a beneficiary of the agreements and covenants provided to
subsection (1) of this ¢action bath for and to its ort right and also for the
Purposes of protecting the interests of the community and the other parties,
Public or private, in whose favor or for Move benefit such agreements and cove
mote have been provided. Such Agreemdes aha covenams shall run in favor of
Seiler and City of Bangor for the entire period during Mich agreemente sad
_2.
covenants shell be in force and effect, without regard to whether Seller and
City of Bangor gas at any time been, reactive, or is an came of any lend Or
interest therein to, or in Power of which such agrmmnute and cm mats relntn.
Seller and/or City of Badger shall gave the right, in the event of eery breach
of any ouch agrees at or covenant, to exercise all the rights and comedies and
to maintain any actions at lav or suits in equity or other proper proceedings
to enforce the eating of such breech of agreement or covenant, to which it or
any other beneficiaries of such agmement or covenant my be entitled.
(b) To construct am (and not more than me) standard dwelling home
(Single family) upon the land which will mer the minimum requiremnts as tet by
City of Bangor ordimmm and the Declaration of gestrictirna. Construction
must start within eta (6) merge of the date the geed is recorded in the Buyer's
nese, and completion must be accomplished within twelve (12) monthe of date of
commencing construction. Plein for said rivalling house will be subject to re-
view by Seller prior to cmveyaece, of the land, Within ninety (98) days of the
date of the acceptance of the offer by Seller, Buyer agrees to submit construe -
tion plane for approval by Seller, and evidence aetiefactmry to the Seller of
Buyer's ability to finance the construction of the proposed improvements.
(c) (i) In the event that prior to completion of the lmyravemnta
as certified by Seller:
(1) Buyer (or successor 1n interest) shall default in or
violate his obligations with respect to the construction of the Imprwamets
(including the mines and the dates for the beginning and completion thereof),
or shall abandon or substantially suspend eanstructim week, and any such default
or violation, obandanment or suopmAicu Shell Out be cured, ended or remedial
within three (3) moathe (six (6) months if the defeat is with respect to the
date for completion of the Itmrmemnte) after writmn mound by the Seller so
to do, or
(2) Photo is, in violation of this Agreement, any transfer
of the Property or any change in Ownership of the Property, and such violation
shall not be cured within thirty (38) days after written demnd by the Seller to
Buyer; then Seller shall have the right to re-enter and coke possession of the
Property and to terminate (and revert to the Seller) the estate conveyed by the
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Yhrranty Beed to the Buyer, it haing the intent that the Conveyance of the Ptopte-
ty to the Buyer Shall be coda upon a condition subsequent to the affect that to
the meet of any default, failure, violating or Ocher action or unction by the
Buyer specified in classes (1) am (2) of able subeactioo (i), faulure " the pact
Of the Buyer to readily, end or abrogate wave default, failure, violation at other
ancien Or traction "thin the peried am to the wanner stated in said clawaes,
Seller at its option may declare a reevaluation in favor of tee Sailer of the
title, W of all the rights am interest in the Property conveyed by as Warranty
Med to the payer and that such title Bud all rights em interest Of the Buyer
am soy enslave or successors in interest In the Property Shall revert to the
Ballast Presided, that such Co"Stion subsequent am say ravaeting of title a0
a result thereof in Seller shall always Is subject to ead littered by, and BLe11
not defeat, tamer invalid as 11"t IS any way (t) the lien Of Say WortgagO
authorized by title Agreement am mecuted for the sale purpose of obtaining fume
to Construct the "creature, and (2) any rights or interest provided in this
Agraavaent far the protection of the holders of such mortg¢geo.
(11) Seiler Bull Leve the right to Institute Sane actions Or
proceedings as it my de® desirable for affmtmtim the purposes of this entries,
(c), including also rise right to sensors and record or ale with the Penobscot
Registry of Some, a written declaration a the teantration of all rights Bud
title of Buyer Bud his amcessors in Interest and amISes in the property, and the
revesting of title thereto in the Sellarl Provided, that A" delay by the Seller
In Instituting or prosecuting any each actions or prmemings or otherwise "Serf -
I" its rights ardor this section shalt sot Operate as a waiver of emh rights az
to dsPsive it of or list[ Bush rights in any way (it being the intent of this Pro-
vision that Sailor Should net be constrained Ba as to avoid 00 risk of being de-
prived of Be limited in the eweretna of the ram ay providte in this Section (a)
bemuse of concepts of waiver, laches or otherwise) to exercise such rowdy at a
CLe when It my still hope otherwise to total" the problems created by the Be.
fruit involved, our shell any waiver in tact ands by Seiler with respect to any
specific default by Rayer under this section (a) be considered or treated e a
waiver of the rights of Sellas with respect to any other default* by Buyer mdse
cute motion or Both respect to the particular default ensure to the recent spe-
cifically waived.
-d.
(d) no Buyer represents and agrees that his purchase of the Property
and hie Other undertakings purmalt to thin dBruneent are and will be and for tiL'
molten of redevelopment of the rwayorty end not for speculation to laW holding.
no Buyer further grandniece that the gmllffceriona and identity of the Buyer
are of particular concern to the cw ity end the Boller. The sugar earth"
rOmBl iss that it L because of curb Justifications and identity that the Seller
is entering Into this Agreement with the Duyar, and In so doing is further willing
to accept and rely on the obligation of the Buyer for the foithful porforssm
of all mdertakinge and townsmen hereby by him to be performed without requiring
in addition any emery bond or similar sdartaklng. Per he foregoing reemesso
the Buyer represents and agrees for himself and say summons in interest that
accept only by may of smurity for and only for the purpose of obtaining financing
necessary to amble the Buyer or asceesor in interest to perform his Obligations
with respect to mkiog the Smpsuvementa under this Agrea¢em, the Buyer (except
as no authorized) bee not mode nn created and that he will not, prior to the pro-
per cample[Son of the leprommenen as certified by the Seller, make or crmCe or
suffer to be mdo or crcetee any total m partial sale, settlement, c uveyeeae
or lease or any trust or power or tronster is any other mode or farm of as with
respect to this Agreement tr the Property or any interest therein er any unnerves
os operator to do say of the earn without prim written approval of the Seller.
nim Seller shall be entitled to nequiro as cmditiaoe to any such enamel that:
(1) Any Czrm2ed transferee shall have the qualifications and
financial responsibility, as determined by the Seiler, numseary and adequate ce
fulfill the obligations mdovtakem In this 4gameent by the Buyer:
(it) Thtro tea been eubwitted to the sclt.e: for rewfaw, and cite
Seller bra approved, all imtrmtento and other legal documents lavwlved in affec-
ting transfer;
(S Ii) Ste caaeideratim payable for the transfer by the tramfefne
cc an his behalf shall not exceed an armmt representing the actual cast (imiu-
ding carrying chargee) to the Buyer of the property had the Improvements, if any,
theretofore made thereon by him; it being the Intent of this prowbim to pae-
clnde aseigament of this Agreemem or transfer of the property for profit prior
to the completion of the IDprm mens and to provide that it the event any such
assignment or transfer to rade (and is not cancelled), the Seller shall be emitted
to increase the purchase price to the Buyer of the property provided In Section 2
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Of this Agreement by the amount that Na consideration payable for the aeaigament
or transfer is In excess Of the cmount authorized in this paragraph, and such
consideration shell, to the extent it in 1n "ease of than cement so authorized,
belong and be paid to the Seller.
(iv) The Buyer and his transferee shall comply with such Other
conditions as [he Beller may find desirable in Order to achieve and safeguard
the Pur 060u) of Chapter 165 of the Private end Special Leas of Maio, 1951, as
amended, aM the Declaration of Restrictions as it may be acevdad, and the
Federal Housing act of 1999, as seceded: Provided, that in the absence of a"-
cific written agveament by the Seller to the contrary, no such transfer or sp-
proval by the Seller thereof Shall be Served to relieve the Buyer or any orb"
party bound in any nay by this Agrecoeut or otherwise with respect to the con-
atruction of the Wrovementa ft= any of his obligations with respect [hereto.
(e) Bone of the provisions of thin Agreameat are Intended to or shall
be merged by reason of any Bead transferring title to the property from the
Seller to the Buyer or any successor in interest, and any such Bead shell not he
deuced to affect or impair the provisions end emments of this Agrermeat.
(f) For the parposea of any of the precision$ of this agreement,
neither the Seller nor she Buyer, as the case may be, nor any successor in later -
ea[, shall be coualdered In branch of or default in Its obligations with respect
to Me preparation of the Property for redevelopusnt, ey the beginning and com-
pletion of construction of the Imtrovemenu, or progress With respect [hereto,
In the event of delay inthe perfovemce Of such obligations due to unforeseeable
causes beyond his control and without his fault or negligence, Including, but not
restricted t0, acts Of gad or of the public enemy, acts Of the Sacereaent, acts
of the Other party, fires, floods, epidemiea, quarantine restrictions, scribes,
freight salvagers wage unusually $aware weather or delays of oubcontraetars due
to such causes; it being the Fortuna and intent of this ptovisine that in the
event of the Occurrence Of say such delay, the time or time for performams of
the obligations of the Beller with respect to the preparation of the Property for
redevelopment or Of the Buyer with respect to construction of the Fmproomenta,
as the case may be, shell be extended for the period of the delay; Provided, that
the party seeking the benefit of the provisions of this section shall, within
sixty (60) days after the beginning of any such delay have first notified the
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other posey thereof IS welting, and of the cause or cauoee thereof am requested
an extension for am period of the dour.
(S) Print to the canpletiea of the Inprovwento by the Burt, Michas
the Beyer nor say successor in forecast to the Property shall engage In any flame -
clog or any ether transaction creating any mortgage " other encumbrance AT lien
upon the Property, whether by express agreement or operatlm of lea, Of suffer any
encumbrance or lien to be man on " attach to the Property, except, and Only to
the extent smmeary, for the purpose of amining foods for mehfnS the Ieprnva'
menta. It is further agreed that the Buyer (ur successor in letareft) shell
notify the Seller in correct of any mrtVSe finsecing he Prspee" to meter into
with respect to the Property and to any count that he shellpt"ptly notify the
Sellar of "y encumbrance At lien that Iota been created on or attached to the
Property, whether by voluntary Act of the Buyer AT pthanrtm.
(h) Notuitheteading any of the "ovteions of this Agreement, Including
but Ont limited to those representing covenants caching with the from, the holder
of Say obligation authorized by this Agreement (including auy much boldar who, ob-
talm title to the property " a result of foreclosure proalealage sr action in
list thereof, but not including (1) any other patty who thereafter chief" title
to the property fins or through tech bolder or (1) a" other purchaser At f"w
closure sale other than the holder of the obligation itself) shall In " edge Am
obligated by the provisions of this Agroemnnt to construct or complete the Isprnve-
mate or to guarantee such conetruaeiou " ceOnletlan; mer shall any cove"et Or
Any other Provieton in the Deed he construed to so obligors each holder: provided•
that "thing in this auction At soy other section " prevision of this Agreamnt
shall be deemed or construed to permit or auto"ire any such holder to devote the
property or any part thereof to say urea, " to construct any improvements thereat,
other than those Ones ve Improvements provided At authorized In the Declaration of
Restrictions, "dieancea of no city of Bounce, and this Agreement.
4. Bo mmb", official At employee of the Seller shall here e" Personal
Interest, direct " Indirect, in this Agramnsnt, enr shall any such mtahor, Of-
ficial
bficial At capture participate in any decision relating to this Agreement whish
affects him personal iuteresto "the fat"Ntm of any corporation, partnership
or ss"tatioa in whack he is, directly or Indirectly, interested. No umber,
official or employee of the Salim shall b personally liable to the Super or any
-y.
successor to interest in the avant of any default as brm$h by the Seller or for
M cannot whicb may became dux to the Buyer or oucceeeor an oa our obligations
under the tares of this Agreement.
S. Taxes sad spacial reassurance, if any, due o0 or before the closing data
shall he sold by Seller.
6. Buyer berewith toadera one Hundred Twenty-five & 00/lofxllaro
(f 125.00 ) which nor Is at Least five percent (6Z) of the offered purchase
price so carmut sorry to became a pert of the payaent of the purchase Brice of
the lead upon acceptacce of this offer by Seller, this aur shall be paid by
Seller and if this offer is not accepted, it obail be returned to Buyer, without
interest. It shall be retained by the Sellar for refaturaement as liquidated
damages to partially offset expenses incurred by the Seller for legal advertistog,
title catch, internal Authority Administrative actions or otherwise SB the Buyer
fella to rowyleto the purchase of $aid Lend within the thus specified to Pstagrapb
2 haters.
y. Shia offer is binding upon Buyer if accepted by Seller within sixty (60)
days and carrot be withdrawn during this time. if out accepted by Seller within
slaty (60) days, it is automatically corralled and Mims, in which coca the
earnest money shall be promptly refunded to Buyer, without interest.
a. Cluster o£ puemao shall Into place act mora than ons hundred twenty
(120) days, or as otherwise specified in Paryraph 2 hereof, free date of Accept -
care of this offer by Seller; and notification to Buyer thereof by returning to
Buyer ons (I) accepted copy of this offer to the address indicated below. The Land
shall be conveyed to the Buyer by a Warranty Beed an date of closing.
9. The Seller may or the Buyer shall promptly file the Cored for recordation
is the Penobscot Registry of Burda at Bangor, brine. lho Buyer shell pay all
caste (Including the cost of any real secret transfer tax an the Dead, fes whieb
stereo in the proper amount shall be affiewd to the good by the Buyer) £or so
retarding the Dead.
10. Promptly after completion of the luprocaments In accordance with thio
ASTeesent, the Beller will furnish the Buyer with An appropriate imtrmasat Be
certifying. The certification by the Sellar shall be (and it shell be so provided
In the Geed sod to the ceztificetiou itself) a concluwive determination of Sells -
Battles and tarmioetion of the consumers in the Agreement and the Peed with respect
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to the obligations of the buyer and big beim cad asalane ro construct the Smrcve-
mate and the dot" for tbo baginnfng and caroleti m thereof. Phe esrtifWtiw
shall be In aucb form ea will enable it to be recorded, if the Seller Stoll a.
town or fail to provide the certification, the Seller shall, within
(1c) days after Witten request by the Buyer, provide the Buys
with a Witten statement indicating to adequate detail how the Buyer has failed
to template the impsovesete in conformity with the Urban Seasml Plan or thin
Agree sot, or is otherwise in default, acd what =source or acts it will be
necessary, In the opinion of the Seller, for the Buyer to teles or perform in order
to obtain the certification.
11. The word "Buyer" in this agreement shall be construct to serum both tam
plural and singular number, In any gander, and to mean not only the peaty thereby
designated, but also his, her or their respective hairs, Assigns, executors, ad-
afnietretore or successors in interest, or, in the avant that cry each party is a
corporation, its or their successors or assigns.
I
s�. X61-1 vc g+,r-
Witnxe T� Buys
Mlt""� Buyer
eee"T--
��a-6v�7
ierlrohnv.
In City Council Council Order Bo.�
late
A tuft copy, Attest:
city clerk
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as above offer fa eceegtwi thio day of _ Ig �
seller. and excot64ogly cavexttucee a bindin tontrett for Bele of IaaJ tetBeen Boyar Bad
Lm
Bttmso By
exocuaExecute
vB 9liedor
Atto=ay
.10.