HomeMy WebLinkAbout1970-05-11 170-X ORDER170-%
lulroduced by Councilor Baldacci, May 11, 1970
CITY OF BANGOR
(TITLE) @rifrt..... ,Approving Proposed Conlrect foc_Saleof Land in. the Stillwater
Park Urban Renewal Protect - Parcel No .
By Bu City Counsel of tAs City of Danger;
ORDERED.
THAT WNS EAS, the Urban Renewal Authority of the City of Banger propose@
to enter into a contract for the sale of parcel numbered 94
in the Stillwater Park Urban Renewal Project with Arnold S. &
Bethany C. Tucker , and
WHEREAS, the said Arnold S & Bethany C Tucker
has offered to pay the sum of Twenty-three Hundred and -- 00/100 Dollars
for said parcel said price being the minims m 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 Laws of Maine, 1957, as amended, City Council approval of all contracts
for the sale of land within the project area is required; and
WHEREAS, the Urban Renewal AuthgEbRayea filed a copy of the
proposed contract wlthArnold S & Bethany C. in the office of the City Clerk;
NOW, THEREFORE, BE IT ORDERED:
TBRI the proposed contract on file with the City Clerk be and
is hereby approved.
P CITY COUNCIL
May 11, 1970
PASSED
170-X
ORDER
Title.
Ap;;, pf, Aam. lA Stillwater Park VR
,Parcel.... 99 ..... ...
Inta daced and flied by
Revised April
COUTRACf FOR SAYS OP LAND
(ORPJR ANO ACCEPTANCE)
STMWATRR PARR FROMM
PRO30CT NO. M. R -a
Date MY a. 1970
TO: Urban Renewal Authority of the
city of Bangor ("Sellar")
City Bell
Bangor, batch
OPNBR:
1. Arnold 5 and Bethany C. Tucker
hereto called "Buyer," offers to buy, subject to the teams set forth herein, the
following dencrlbad lend:
Lot numbered 94 n shorn on Plan of land entitled
"Stillwater Park Project, Bangor, Penobscot County, Maine,
Urban Stewart Authority of the City of Bangor, project Me. R -q"
nsistieS of nine (9) pages and rjcorded in Penobscot Registry
of Deady to Plan Book -2, papa I to 9 , inclusive.
2. Buyer wilt pay Twenty Three Hundred and ---00/100. collars
(42.300. ) for said lend in cash within one hundred and twenty (120) days eftet
the acceptance of this offer by Seiler. no Authority may grant additional tine
upon written request from the Buyer.
3. Conveyance of said land shall be Dude by Warranty Deed, subject to all
easements of record, the Declaration of Restrictions for Stillwater Perk Projnat,
Bangor, Moire, A-4, which was recorded in Volum 2113, page 385 of Penobscot
Registry of Crude, and to those conditions set forth hereinafter to which RuYea
expressly agrees.
(a) (i) The Buyer herein covenants by and for himself, his beirm,
executors, administracnrs and assigns add all persons claiming under or through
them, test Buyer and such beins, crossbars, administrators and assigns and all
persons claiming under or through them shall:
(1) Solaro the Property to and only to and in accordnroo
with the uses specified in the Declaration of Rearrictiore and as it may be ha -
after emended from ties to time:
(2) Not discriminate upon the basis of race, color, creed
Or national Origin in the 0210, lease or rental or in the use or Occupancy of
the Property or any Improvements erected or to be erected thereon, or any art
thereof.
(if) It is intend" and agreed that the agreements and covenants
Provided in this section shall be covenants running with the land and Nat they
shall, in any scoot, end without regard to technical classification Or designs.
tfon, legal or otherwise, and except only as specifically provided in this Agree
ant, be, to the fullest extant Persisted by lav and equity, binding for the
benefit and in fever of, and enforceable by, Seller, its aoecessoes and assigns,
the City of Bangor, any successor in interest to the Buyer of the Property, and
the owner of any other lend (or oftaoy interest in such land) in the Pro)ect
Area which Is subject to the lend use requirements and reetrictfoa of the Be-
claratiom of Restrictions, and the United States (in the case of the covenant
provided in subdivision (2) Of subsection (1) hereof) against the Buyer, his
succaesors Bad assigns, to or of the Property or 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 in clause (1) (1) shall remain
in effect until January 22, 2022, and during the tats of any extension thereof,
(at which ties ouch agreaanc and Omani shall terminate), coal these provided
in clause (1) (2) shall resin in effect without limiutiens as to time:
Prided, that such Warrants and crescents shell be binding on Buyer himself,
each successor in interest or assign, and each arty in possession a occupancy,
respectively, only for such period as be shall have title to or an Interest to
r pesseesion Or occupancy of the Property.
(111) In amplification, and not in restrictive, of the promiaitms
Of the preceding subsection, it is intended am agreed that Beller mad City of
Bangor shall be deemed a beneficiary of the agreements and covenants provided in
subsection (1) of this section both for and in its roe right and also for the
purposes of protecting the interests of the commonalty and the other Parties,
public or private, in ahoee favor or for whose benefit such agreements and cove -
ante have been provided. Such agreements and covenanse shall =a in favor of
Seller and City of Bangor for the entire period during which agreements and
-2-
covemats $ball be in face* and effect, without regeN CO whether Seller sed
City of amour has at any tion been, receive, or to an weer of my land or
Interest therein to, or in favor of which such agremmty and cweeats Taints.
Sellar mad/or City of Bangor $ball have the right, in the even[ of any breach
of my ouch agremeat or moment, to $mercies all the rights and Vomiting and
to miatain any actions at law or suits In equity or ocher Proper proceedings
to enforce the eming of such breach of agrevmnt or covenant, to which it or
any other beneficiaries of such agremn[ an covenant my be entitled.
(b) 3b construct nee (and not cora than ave) standard dwelling lanae
(single foully) upon the land which will met the miaiwno roquirmats as set by
City of Bangor ordinances and the Declaration of gestrietim. Cov[wntim
met start within via (6) mavtba of the date the Deed is tacarded is the buyer's
nem, and consolation newt be aecoelished within twelve (12) menthe a date of
cm ming construction. Plana for said dwelling hoose will be subject to re-
view by Beller prior to couveyauce of chs land, within Clns[y (95) days of the
date of the accepts=@ of the offer by Sellar, Buyer agrees to submit coetruc-
tton plane for approval by Sells[, and evide=v satisfactory to the Seller of
Buyer'* ability to finance the construction of no Proposed Wrwmnta.
(c) (i) In the want that prior to completion of the tmp[wmats
as certified by Beller:
(1) Super (or aucceaam in interest) sell default in or
violate bis obligations with respect te to construction Of the pvpiwmnta
(Including the nature and the ate$ far the begimLug and morplecion thereof),
an sell abandon at substantially su*pvad Construction ort, and any such default
or violation, mamdow$at or suspension $bell art be cured, ended or rmdian
within three (3) caths (*in (6) matba if the default is with respect to the
date for c gRlatim of the Iaprwmets) after wr[[[en demand by the Sell or so
to do, or
(2) hen is, in violation of this 6grement, any transfer
of the Property or any clamors In Ownership of the Property, and such violation
shall ant be cured within thirty (BD) dap after mitten demand by the Beller to
Buyer: than Seller shall have the right to Te -enter end cake possession of the
Property and to Terminate (avd inert to the Beller) the estate conveyed by the
-3.
Warranty Beed to the Buyer, it being Che intent that the emrvarance of the Prnpas
ty to the Buyer ¢hell be wde upon a tmditico subsequent to the effect that in
the event of any default, failure, violation or other action or traction by the
Buyer specified in clauses (1) and (f) of this substation (1), faulure on the part
Of the Buyer to remedy, and or abrogate such default, failure, violative tr Oates
action or location within the Period and in the atone¢ stated in *aid clauses,
Seller at its option ray declare a terelvation in favor of the Sailer of the
title, and of all the rights and interest in the Property conveyed by the Warranty
Med Co the Buyer and that such title sad all rights and interest of the Buyez
and any assigns or successors in interest in the Property shell revert to the
Seller Provided, that Both condition eubaequent and say raveetieg of title ea
e result Cheroot in Sellar shell always be subject to ted limited by, sod shall
not defeat, reader invalid or limit in any way (1) the lien of ay mortgage
authorized by this Agrocwnt and executed far the sole purpose of obtaining £ands
to construct the Smpaouawato, and (a) any right* or interest provided in this
Agreement for the protective of the holders of each evrtgageo.
(if) Seller shall have as right to institute each actions oz
proceedings as it ray doom desirable far effectuating no purposes of this tactics
(c), including also the right to execute and record at file win the Penetrate
Registry of Beads, a written declarative of the Coruscation of all rights and
title of Buyer and his successors to interest and assigns In as Property, and the
revealing a title thereto in the Seller; Provided, that any delay by the Seller
in Instituting or prosecuting any such action, or proceedings or otherwise assets.
ing its rights ender this auction shall tot operate as a waiver of each Crater a
to deprive it of or lisle such right* in any ray (lt being the intent of this Pro-
vision that Seller should not be constrained so as to avoid the risk of being dn-
prived of or limited In the extaetae of the ropedy provided in this section (a)
because of concepts of waiver, Imbes or otherwise) to exercise such speedy at a
time when it ray still hope otherwise to receive the problaw created by the de-
fault involved, net shall any waivax In Putt Code by Seller with Compete to any
Specific default by gayer pulse this section (c) be considered or treated ss e
waiver of the rights of Sailer with respect to any other defaults by Buyer odder
this section or with eeapecc to the particular default secure to the extent ape-
cifically waived.
.a-
(d) rat Buyer represents and agrees that his purehaee of the property
and his other undertaking; pursuant to this Agreement are end will W used for t1,:
purpose of redevelopment of the Property and am for speculation in land holding.
no Buyer further reco"Itee that the qualifications and gdeotip of the Buyer
ere of particular coavarn to the commodity sad the Seller. fdu Buyer further
rxagaicea that it Is because of such qualifitatians and identity chat the sellar
is entering into this ASrdcmene with tie Super, sad in so dolvg is further filling
to accept aid rely an the obligation of the Buyer for t faithful performance
Of all VndfrtdkingO end emanants hereby by him to be performed without requiring
In addition day surety bond or Similar undertaking. per the foragaing revenue,
the Buyer represents and eveas for himself ami day, eucce;oor in interest that
ancept ugly by way of security far Bed only for the purpose of obtaining financing
decaeeary to enable the Buyer or euncessor in interest to perform big obligations
fish respect t0 making the iagvnve onto under this Agreement, the Buyer (except
ea 00 authorised) her not wood or created and that ha will nut, prix t0 the pro-
per completion of the Improvements as certified by the Seller, make or create Or
suffer to be Bede or crested any total or partial gals, assignment, eandayades
of lease at any trust or power or ecou for in any other mode or farm of of with
respect to this Antecedent or she property or my interest therein or a" contrast
or agreement to de any of hs edged without prior written approval of the Seller.
The Boller adult be entitled to require ae conditions to any such approval chats
(i) Any prcpeaad transferee eball beef the qualifications and
finsucial responsibility, Of dacermided by tee Seller, necessary and adequate to
fulfill the abligd[LOSS vndettaknu in thio ABremmat by the Buyer;
(11) "me tae been Submitted to the Balla: .far review. and the
Seller bas approved, all ivdtrunsate end ether Ideal documentsInvolved in effce-
ting transfer:
(111) he canaideratier payable for the traveler by the transferee
or on his behalf shall not areae; an dmaWe sapretentidg the actual ext (iociu-
ding carrying charges) to the Buyer of as property and the I�tovfaevte, if Guy.
theretofore nada tharepa by film: it being the intent of this provision to pre-
clude uetgamemt of this Agreement Or trawler of the property for profit prior
to the completion of the Svprovement; and to provide that in the "Ott mmol such
assignment er transfer to made (401 to not corralled), the Seller shell b; entitled
to I="*$* the purchase price to the Buyer of the property provided in Section 2
-5-
Of thin Afxeament by the amount that the comideratice payable for the aeeigreenY
Of transfer is to sects$ of the mneme authorized in this paragraph, and. ouch
consideration shall, to the extant it to in =case of the ¢naso[ so authorized,
Balm$ and be paid to the Seller.
(iv) The Buyer sod his transferee ahall comply with such ocher
conditions as the Seller my find desirable in Order to achieve and "feguerd
the purposes of Chapter 16B of the Private and Spacial Lama of Maine, 1957, as
amended, aid the Declaration of Restrictions as It may be treated, and the
federal Housing but of 1969, as mmodad: provide, that to the absence of OR -
elite Witten agreement by the Better to the contrary, no such transfer or ap-
proval by the Seller thereof shell be domed to repave the Buyer or any other
Party Based in any way by this Screamer or Otherwise with respect to the cm-
struction of the improvements fret my of his abliBatiom Pith respect thereto.
(a) Hone of the provlafona of this Agreamut are Intended to or shall
be merge by reason of any Beed tramferrlog title to the property loss the
Seller to the Buyer or any successor in interest, and any such Beed shall not be
dee ed to affect or impair the provisions and covenants of this Agreement.
(f) For the purposes of any of the prwfetam of this Agreammt,
neither the Seller nor the Beyor, as the case may be, net soy successor in inter-
est, shall be considered in breach of or default in Its obligations with respect
to the preparation of she Property for eeevelopmem, or the beginning sod aam-
pletim Of musttucttaa Of rhe laprovaeanu, or progress with respect thereto,
In the event of delay to the purtormsnce of ouch Obligation$ due to unforeseeable
causes beyond his control aid without his fault or negligence, tncludsng, her not
restricted to, tote of Cad or of the public merry, acts of the Goverment, acts
of the other party, fires, floods, epidmies, quarantine restrictions, strikes,
freight mbargnm and unusually severe matter or delays of subcontractors due
to ouch "uses; it being the purpose and intent of this pvcviaim that in the
event of the occurrence of any such delay, the time or ttmoa for pertoreaore of
the obllgatiena of the Seller with respect to the preparation of the property for
reevalopromt or of the Buyer with respect to trustee ties, of the Lmprov aw,
as the case may be, shall be retained for the period of the delay; Provided, that
the party seeking the benefit Of the provisions of this $scrim shall, within
sixty (0) days after the beginning of any such delay have first notified the
-6-
Other party thereof Is witing, sad of the cause or causes thereof and requested
an exteoeion for We period of the "toy.
(B) prim to the eetpletim of the Ityroamate by the myee, neither
the Bayer nm any successor in interest to the property omit engage in any ffnen-
gied or a" army transaction creating a" wregage or other anagatrmm Or live
upon no Property, wheasr by exprove agreramt Oe Operating of ice, or Buffer any
eacwbrance or lien to be ands on or attach to the Property, except, and onty to
the amtgot accessary, for the purpose of obtaining foods for mehing the reprove -
mate. It is further ageasd that the Buyer (or successor in interest) shall
notify the Seller in aguesm of any escape" dissented he proparm to gore[ lute
with respect to the Property and to any great that he emit proaptly notify am
Seller of any anvabmnts or lien that me been created go or attached to the
Property, whether by voluntary ant of the Buyer or otherwise.
(h) potxitmtaodfag any of the provisiass of this Agraemant, imludlug
but net limited to these representing Covenants Coming with the land, the holder
of any -obligation authorized by this Ag[eomant (1aladinB any, such holder Ma ob-
taim title to the property to a "suit of fmatle me ptmaediogs or acttan in
line thereof, but not including (1) any other Party no theran£tev Charles title
to she property from dr through Anne holder or (1) any other purchaser at fors-
elumm nate other than tan holder of the obligation Itself) shall to m wine be
Obligated by she provisions of this Agrvemvt to Montreal or cmplete the IMPOove-
mate or to guarantee each construction or co pletion; am emit any coremvt or
any other prmwigo in the head he construW w so cbligate sorb holder! Pfm_ided,
that anthied in this auction or any oast section or provieloo of this ASvsemwt
Abell m deemed or construed to Battle or variation any such holder to devote the
property or say pert thereof to any wee, or to construct any isprmeannte charges,
other than there uses Or laprommu[s provided or authorized in the Maturation of
gestiwlions, ordinances of the City of Better, and this WOMMOut.
s, No mother, official or employee of the Seller shall have any peaennal
Interest, direct or indirect, in this Agre mat, nor Omit any can manor, Of -
fitful or sploym participate to any decision totaling to this Agreemat Mich
affects his personal intereato or the interests of any corporation, partnership
m aeeaiatim in able& he in, directly or indirectly, interested. go write,
official or amployes of the Seller omit be personally liable to the Bayer or any
-7-
'armee"or in interest in the avast of any default or breach by the Seller or for
any Convert which may berme due to the Buyer or mccweor or on my obligations
unser the terms Of this Agreement.
S. years end Special eeamovents, it any, due o0 or before the closing date
shall be pold by Seller.
6. sure h smith leaders One Hundred Fifteen and 00/100MIlare
0 115.00 ) wbich sum is at tenet five percent (5R) of the offered purchase
price as "treat many to berme a part of the Pennant of the purchase price of
the lens upon countersue of thin offer by Seller. This am shall be held by
Seller and if this offer is not accepted, it chall be returned to Buyer, wlthunt
Interest, It Beall be retained by the Seller for reimbursement as liquidated
demgea to partially offset strewer incurred by the Seller for least admutielog,
title arch, internal Authority adminieerative actions or othanwise if the gayer
fella to cmtlete Ne purcbaee of said land within the Claw specified to Paragraph
2 herein.
r. This offer is binding upon Buyer If Carstens by Seller Within sixty (60)
days me career be withdrew durias this tire. If not accepted by caller within
sixty (60) Cara, it is eccentrically corralled and expires. 1n Whish ewe the
"Coact money shall be presutly refunded to Buyer, witb ut interest.
a. Closing of purchase shall tate place set mase than ow hundred twanty
(120) days, or as otherwise specified in Paragraph 2 Meant, £tom date of accapt-
sace of this offer by Seller; and notification to Buyer thereof by returning to
Buyer am (q accepted copy of this offer to the address indicated balm, The lard
aball be conveyed to the gayer by a Warranty Bead on date of clooigg.
9. The Seller my or the guys[ shall promptly fits the Card for recordation
1n the Peaobacot geglatry of Deeds at Magor, ieaina. The Surer ®bail pay all -
costs (iwludirg the cast of any real estate transfer tax on the Beed, for which
decays in the p[eper emoont shall ba offices to the Beed by the Buyer) for so
recording the Ned.
10. yemptly after conviction of the Imcwe"vb in accordance with thin
Agreement, the Beller will furnish the Buyer with an appropriate, irrtrmrovt so
certifying. Tho cartlfi"tion by the Seller shall be load It Shall be So provided
In the Deed and in the certification itself) a conclusion datermtwtion of sells.
faction and tormlwtlm of the comotarts in she Ag[eamnt and the Dred With respect
•S.
to the obligations of On Bayer and his heirs and asetly to construct the Irprova-
were and the dater for the beginning and completion thereof. The certification
shall be in such fare as will enable it to be recorded, If the Sailer shall te-
Eme or fail to provide the certification, Ne Seller shall, "Chin
( ) do" after written request by the Buyer, provide the Buyer
with a writtea statement indicatltg It adequate detail hos the Buyer haw failed
to complete the improvements in conformity with the Urban accrual Plan or this
Agreement, or is otherwise In default, and what measures or acts It will be
necessary, In the opinion of the Seller, fm the Buyer to tab or perform in order
to obtain the certification.
11. the ward 'Buyer" in this agremeoat shall be construed to count both the
plural and singular number, in any Seeder, and to seen not only the party thereby
designated, but also his, her or their respeCtiva heirs. assign, anteaters, ad-
"nistrators or successors in interest, or, 1n she spam that any each party is a
corporation, Its or chair succeeeore or assigns.-
Nity4e
Wit"" Buyer
Telephone
In City Council Council oder No.
Bate
A hue Copy, Attest;
��'/N/,✓1'—
ACCDW=:
Sbe abava offer " accopted this day of
Std aecoadiogty saoeiieueee a binding restrict for sada of lama betxeeo Boners and
a
Seller.
(SPACJ 00019 BMMM A0 M TE W
T3B an 0 Mimi
Wiraeae 9y
Obaixc x
6xecu[fve Mxestri
AyyAOygB M M 1& , FOM M ADWJ :
Aetoaney
.10.