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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 -3- 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 -5- 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 -6- 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 -9- 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 -9- 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.