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HomeMy WebLinkAbout1970-04-13 124-X ORDERIntroduced by Councilor Mooney, Apr. 13, 1970 CITY OF BANGOR (TITLE.) Mrber,. _.Approvins Proposed Conpract for. Sale of Lena in the Stillwater Park Urban Renewal Project Parcel No 33 & 34 BY the My Coowit of the oft of Banger: ORDERED, TEAT WHEREAS, the Urban Renewal Authority of the City of Bangor proposes to enter into a contract for the sale Vf parcel numbered 33 & 34 In the Stillwater Park Urban Renewal Project with Frank T. Parsons ; and WINNERS, the said Frank T. Parsons has .offered to pay the aura of Tao Thousand and - 00/100 Dollars for said parcel said price being the minimi® 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, L95I, as amended, City Council approval of all contracts for the Bale of land within the project area is required; and WHEREAg, the Urban Renewal Authority has filed a copy of the proposed contract with Frank T. Parsons in the office of the City Clerk; HUN, THEREFORE, BE IT ORDERED: THAT the proposed contract on Elle with the City Clerk be and is hereby approved. 124-X 0 R D ER CI Titled Sale of in Stillwater' Pssk NR IN CITY CCVNCIL••••••••••........................•••• April 13, 1970 PASSED Parcel No. 33 and 34 ...................................... CI CLeax f�KIntroduced and filed by . @&raised April 16, 190 CONTRAyl FOR SALE OP LAND (OFyzR ANO Am"PtANCS) STILLWATER PARK PROJECT PH== Na. MR. R-4 4/ Bet¢ TO: Urban Renewal Authority of the City of Sauget ('Seller") City Rall Senor, Maine OPFBR: fpp ,—� herein called "Buyer," offers to buy, subject to the terms set forth herein, the following described land: �[ Lot vunbered ��t<�T as shown an Flan of Land entitled "Stillwater Park Project, Bangor, Penobscot County, Maine, Urban Rommel Authority of the City of Burger, Project Me. R-4" consisting of nine (9) pages and rAcorded in Penobscot Registry of Beeds is Plea BOR]c 4 -page@ L to 9 , inclusive. 2. Beyer will pay li6"Pyr Pt 16, Dollars (9 ) for cold land in cash within one hundred and twenty (120) days after thea ceptance of this offer by Seller. 'Lha Authority may grant additional time upon written request from the Buyer. 3. Conveyance of said Lod shall ba made by Warranty peed, subject to n11 easement¢ of record, the Declaration of Restrictions for Stillwater Perk Project, Bangor, Melee, R-4, which was recorded in values 2113, page 385 of Penobscot Registry of Deeds, and to those aoneitlons act forth hereinafter to Which Buyer expressly agreed. (a) (1) The Buyer herein covenants by and for himself, hie Beira, maecuuare, administrators and assigns and all persons claiming ander or throu3b them, that Buyer And such heirs, executors, administeatora and assign and all Persona claimiug under or through them shall: (1) Devote the Property to and only to and in accordance with the uses specified in the Daelakaefon of Restrictions and as It may be hoee- after amended from time to time; (2) Not discriminate upon the basis of race, 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. (ii) It is intended and agreed that the agreements and crusaders provided in this section shall be covenants cunning with the land and that they shall, in evy event, and without regard to technical classification or desigue- tarn, legal or otherwise, and except only as specifically provided in this Agree. menti be, to the fullest extent permitted by law and equity, binding for the benefit and in favor of, and enforceable by, Sellar, its successors sad assigns, the City of Santa, any successor to interest to the Beyer of the property, add the Omer of any other land (or oftany interest in much land) in the project Area which to subject to the land ova requirements and restrictions of the Ue- claratirn of Restrictions, and the United States (in the came of the covenant provided in subdivision (2) of subsection (I) hereof) against the Buyer, his successor$ dud 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 sad revenant provided in clause (1) (1) shall remain In effect until January 22, 2022, end during the term of any extension thereof, (at which time Bah agreement and customer shall carminate), and three provided in clause (1) (2) shall remain in effect without limitations as to time: provided, that rush agreements and covenants shall be binding on Buyer himself, each successor in interest or assign, and each party in possession st Occupancy, respectively, only for such period as he shall have title to or an interest 1n or possession or Occupancy Of the Property. (iii) In amplification, and not in restriction, of the provisions of the preceding eubeOction, it to intended and agreed that Beller add City of Straus shall be dammed a beneficiary of the agreements end casements provided 1s subsection (1) of this section both for and to Its area right and also for the purposes of protecting the Interests of the commodity and the Other parties, public or private, in wheat favor or for whose benefit such agreements and caro• ante have been provided. Such agreements and coveancs shall run in favor of Beller and City of Bangor for the entire period during which agreements and .2. covenants shall be in force eM Afloat, without regard to whether Seller and City of Under had at any aim here, remains, or is an owner of any land Or interest therein to, AT In favor of which much agra mots and meanders relate. Beller and/m City of league shall have the right, in the "out of any breach Of any such agement[ or moment, to amrnlse all the rights and remedies and to mintain any actions at law At sults in equity of other proper proceedings to enforce the Curled of such breach of agrement or commut. to which SC m airy other beneficiaries of Once agreement or covenant my be entitled. (b) TO construct Am (and out mra than ave) standard availing banee (single locally) Open the lend which will mat the ndaiuuv ToViramnts as set by City of Sector ordinances and the beclaxati" of gastrfetions. Construction moat start "thin six (6) moths of the data the lead is recorded in the Super's nem, and completion met be Womplished within revive (12) months of data of cameminS crosteuctlom. Slam for said dualling house "Il m subject to re- view by Seller prior to conveyance of the lend, within slowly (90) dope of the date of the acceptance of the offer by Sellar, Buyer agrees to subtle construc- tion place for approval by Seller, aY evideme satisfactory to the Seller of Buyer's ability to finance the camtrmcion of the proposed Ieprmamats. (c) (1) In the event that prim to completion of the Improvements as certified by Seller: (1) Buyer (or successor in interest) shell default in or violate his obligations with respect to the cmetructim of the Iaprommuts (Including the nature and the dates for the begimiug and completion thereof), At shall abeadon a substantially suspend construction work, and say such default or vlolatim, hbaMommat As suspension shall out be cured, ended or remedied "thin three (3) World (etz (6) mathe if the default fon with respect to she date for cosplatim of the iaprmenests) after mitten deemed by the Sellar so to do, m (2) lha[e 19, is violation of this Agrament, a" transfer of the property or Any change In ewm[ehlp of the property, sed such violation shall out be cured within thirty (30) dap after written assured by the Seiler to Super; then Seller shall have the right to re-enter and tads possession of the property and to terminate (and [overt to the Seller) the estate conveyed by the -3- Werxwep Beed to the guy", it being the intent that she comayanoa of the prover. ty to the Buyer shall be mode upon a coMitfou subsequent to the Of fact that in the event of any default, failure, violation or other action or Inaction by the Buyer specified in clauses (1) ani (2) of trt0 suheection (1), Paul Are an the pert of the Buyer to comedy, end or abrogate each default, failure, violation or other action or inaction within the period and in the Manor stated to said clswes, Sailer at its option my declare a tarmiontion in favor of the Seller of the title, and of all the rights and Interest in the Property comayed by rho Warranty geed to the Buyer and that each title and all rights and imereet o£ tbs Buyer AM any aeaigro or successors in interest in the property shall ZAV*it to The Seller: Provided, that such condition Subsequent red any attesting of title 68 a result thereof In Seller Abell always be sabJrtt to and limited by, and shall not Want, tender InvalW ar limit So any way (1) the lien of my mortgage authorized by this ggreement and executed for the sale Wrmaa of obtaining funds to construct the improvements, and (2) any rights or interest provided in this Agaement for the protection of the holders of such mrMOSem. (ii) Seller shall have the right to institute such sallow or proceedings as it may dorm desirable for effectuating the purports of this section (c), Including alae the right to execute And record or file with the Penobscot Begfacry, of needs, a written declaration of the termination of all rights and title of Buyer and his Successors in interest and Amalgam in The property. AM the revesting of title thereto in the Seller; provided that any delay by the Sell" in instituting at prosecuting any Such actions Or proceedings or whew ve assert. ing its rights Order this section shell not operate as a waiver of Both rights Or to deprive it of or limit such rights in any any (it being the intent of this Pzo- vision that Seller should not be constrained *o ea to avoid the risk of being de- prived of or limited in the exercise of the ready provided in this Auction (c) because of concepts of waiver, laehee AT, othaMee) to exercise such randy at a than when it my still hope otherwise to resolve the problems created by the de- fault involved, nor *ball any waiver in fact vada by Seller with respect to any specific default by Buyer under thin section (e) be cone Warne Or treated as a waiver of the rights of Seller with respect to any other defaults by Buyer "or this section or with respect to the particular default except to the extent zw- cifically waived. (d) She Buyer reproseme sad agrees that his purchase of the property Aug his other undmtahigge Smarten to thin Agreement are and will ba need for vhe purpose of redevelopment of the property and not for speculation is lead haldlpg. no Buyer further recogaimae that the quellficatioae and Identity of the Buyer are of particular concern to the cemamity AM the Seller. She Buyer further recognizes that it is because of such qualifications ata identity that the Sellar Is Anemias Into this Agreement with the Buyer, and in to doing is further willing to Accept and rely on the Obligation of the Buyer for the faithful performance Of all uodertakiage end tonneau hereby by him to be performed without requiring in addition *ay Amery band or similar undertaking. For the foragoing common, the Buyer repvm*ats and agreed for himself AM say suecemor in Interest that ¢*sept only by way of security for and may for the purpose of obtaining financing necessary to stable the Buyer of euaceesor in interest to perform his Obligations with respect to ahiog the improvements nodes thin Agreameat, the Buyer (except AD 60 authorised) has Out ado or created and that he will out, prior to the pro- per mediation Of the Improvements as certified by the Beller, make or create or suffer to be made or created any total or partial sale. Assignment, ceaveyance or lease as any trust or pewee or tranefm in any Other mode or form of or with respect to this Agreement or the property At any Imerem therein or any contract or agreamant to do say of the same without prior written approval of the pallor. The Seller shall be entitled to requirs as condltiven co any such Approval that: (I) My propmed tranafmad shall have the qualifications mead financial responsibility, es determined by the Seller, necessary and adegmte to fulfill the abligetiom and*rteten in this Agreement by the buyer: (it) Thera has been submitted to the Salley for review, and the Seller baa approved, all ioetrwteate and ether legal documante involved in affec- ting transfer; (iii) The consideration payable for the transfer by the transferee or on his behalf shall not *stead an ameaat repzesaneing the actual east (inclu- ding carrying sharp") to the Buyer of the property end the lamoverents. if say, theretofore made thereon by him; it being the intent of this provision to pre- clude assigammt Of this Agreement or transfer of the Property for profit prior to the completion of the %aprovameste and to provido tint in the romt any such aadigu1nat or transfer Is made (dad is not travelled), the Seller shall be entitled to increase the purchase price to the Buyer of the property provided in Section 2 -5- of this Agreement by the amount that the comideraHoo payable for the aselgmeent or transfer is in exams of the extent authorised In We paragraph, and such cmaidevation shell, to the extent it is in exems of the amount to authorised, belong am be paid to the Seller. (iw) The Buyer and his transferee shall comply with such other conditions as Me Seller my ELM desirable is order to achieve and mfevera the purposes of Chapter 168 of no Private and Special leas of Maim, 1951, as Acceded, and the Declaration of Restrictions as it may be amended, and the Federal Develop Act of 1949, as mended: Provided • that in the abeeme of spe- cific written egreenent by the Seller to the contrary, no such transfer or ap- proval by the Seiler thereof shall be darned to relieve the Buyer or eery Other party bound in any way by this Agreement of otherwise with respect to the can - serration of the impmwasame £rem any of his obligations with respect thereto. (e) Mone of the provisions of this Agreement are intended to or shell be merged by reason of any Deed transferring title to the property Erre the Seller to the Buyer or my successor In Latemnb, and any such Dead sail not he dewed to affect or impair to provisions and cavemen of this Agreennat. (f) For the purposes of any of the provisions of this Agreement, neither the Seller er the Buyer, as We teen may be, nor a" successor in inter - set, shall be considered in branch of or default in iia obligations with Tamper to Me preparation of the Property for redevelopment, or the beginning and cons. elation of construction of the Txprovecents, or progress with respect thereto, in the event of delay in the petfata m of such abligations due to unforeseeable causes beyond his control and without his fault or mRliBeme, including, but not restricted to, acts of God or of the public many, acts of the Goverment, Otto of the other party, fires, floods, epidemics, quarantine restrfetione, strikes, freight embe[gms and unusually meet* mother or delays of eubcmtrmtovs due to such causes; it being the purpme and intact of Chia provision net to the event of the aeeurreem of any such delay, [he time or «eta for parfatmame of Me obligarime of to Seller with respect to the preparation of the Property for redevelopment or of the Buyer with respect to conservation of the DmprovemenG, as the case may be, tali be exceeded for the period of she delay, Provided, that the patty snaking the benefit of the provisto s of thin ¢scrim shall, within sixty (W) days after the beginning of any Such delay have first notified the -6- other party thereof in writing, and of the cause or Sudden thereof Bud catenated at extension for than period of the relay. (g) prior to the ewplation of the Wroammn= by thr Boyar, ultut the Super Bos my macesoor to forecast to to property atoll endngn in am ffvm- vIaS or any other transaction creating any mart" or other menahreuce or lies Win aha property, Mother by captain aBteSmnt Or operation Of law, K Buffer nay Senescence or lies to he mde on or attach to to yropettY. except, add only to W extent neooseery, for the purpose of obtaining Sunda Ear making the lvprove sante. it to further agreed tut the Buyer (or success" in Internet) Bull Wally to sailor In advance of any mstgage flouting be proposes to mine tate with respoet to the property and in any event that he Bull prraRtly notify to Seller of Bay smarbrmce or Ilan that has been created in SO attached to the property, whether by voluntary act Of the Buyer Cr Othetpleel (h) Noarlehatevdlae my of the prOV040011 of this ggsaMent, lnsluding but net limited to those representing e=emnta cuing with the lour, the holder of any obligation mthnrited by this dgrmment (li hiding my inch holder oho ob- tains title to the property as a insult o£ foreclosure proceedings or Berlin in lieu thereof, but not including (1) my other party who thereafter obtains title to the property from Or through with holder or (f) any other putcheasr at fcue- cloaure sale other thea the holder of the obligation itself) Bull in no mice be obligated by the provisions of this Pereemnt to construct or ceplete the baptove- mato or to gmrmcee such construction or c=plationy nor Bull aoy amateur Or any other provision in the Said be construed to to obligate Such holder: Frsvlded, that within in this section or any Other Scott= or provleldn of this dgreemnt Shull be deemed of cadatsoad to preset or Barbarian any such holder to devote the property or any part thereof to any mese or to construct any lBproaments charade, Other thio those was or 4aprovements prmldd ar authoriend in the Declaration of Restrictions, ordinances of the City of Magor, and this sarcomas. 6. No tender, officlel or emloyea of the Seller shell hewn a" pereaml Internet, direct or indicant, in this dfreedmnt, nor dull any Such eases, of- ficial or mployee participate in Say decision selecteg to this Agreemot which effects his pereoml interests ar the interests Of any corporation, urthsrebip ar association in which u in, directly or indirectly, interested. MO w er, official or emplryee of to Seller Bull be personally liable to to Muyar or any -i. Successor to Interest in the event of any default or breach by the Seller or tat MY answer which my berme due to the Buyer or Successor or on any obligations under the terve of this Agreement. S. Texas and Special aeeaeaea, it , da a or before the closing date shall be paid by Seller. f� A��� ( 11u eyttC Qf(C `� 6. Buyer herewith tenders Online (1 (b! — ) Mich am is at least five percent (5I) at the offered purchase Pulse se adducer comedy to banned a Not at the Myosin of the purchase price of the land upon acceptance of this offer by Sellar. We am shall be held by Seller and If this Offer to ase accepted, it shall to returned to Soyer, without Interest. It shall be retained by the Sailer for reimhuraement as liquidated duction to partially offset expeaes Incurred by the Seller for legal advertising, title earth, internal Authority administrative actions or otherwise if the Bayne falls to ccalate the purchase of said lad within shoe tied specified in paragraph 2 herein. y. This offer is binding upon Buyer if accepted by Seller within sixty (60) days and cannot be withdrew during this time. If at accepted by Seiler within story (60) days, it is automatically cancelled and expires, In Mich ease the areest wavey shall be proedtly attended to Buyer, without interest. B. Closing Of purchase Shell take place not mora than ore hundred Mary (120) days, or as otherwise specified In paragraph 2 hereof, from date of orange. dead of this offer by Seller; and notification to Buyer thereof by returning to Buyer ore (1) accepted copy of this offer to the address indicated balm. The Laud shall be coaeym to the Buyer by a garraty Beed an dna of closing. 9. The Sellar ay or the Buyer shall promptly file the Dead for recordation in the Perchance-SegLtry of needs at Bangor, Mala. Ibg Buyer shell pay all eats (140101¢11 the cost O6 ay real estate treater to on the Brad, for which Geneva to the proper decade shall be affixed to the Decd by the Buyer) for an recording the Bad. to. Promptly after cowplecton of the Ieprovemend in accordance with this Agreement, the Beller will furnish the Buyer with an appropriate tarrmmne so certify146. the certification by the Seller shall be (a0 It Shall be Go provided In the Deed a0 in the certification itself) a conclusive deteredmtion of Antis. fectLon a0 termination of the caeanta in the Agreement a0 the Dred with respect •a. to the obligations of the Buyer and his Brite and aosigre to construct the lhprhoe- meat& end the datea for the beginning and Completion thereof. The Certification shall be in such foam as will doable it to be recorded, If the Seller audit ta- feee or fall to provide the certlflcation, the Seller shell, within SIXi (Ct) do" after written request by the Buyer, provide the Buyer With s Written staresent tali atInS Is adequate detail bas the Baler Bae failed to consists the Lmp[omamants is Conformity with the Brb® neutral Plan or this ABeesMoLt, Or is otberwiee in default, and shot measures or acts it Will be hortatory, in the opinion of the Seiler, for the Buyer t0 tare Or perfoeve to order to obtain the certification. 11. The word "Buyez" in this agreement aball be shortened! to meed bath the Plural and siftuler number, in any gander, and to wen art only the party thereby designated, but alto bis, bar or their respective heirs, aedlgaa, enscutote, ad- munistratora or successors in fastest, or, In the &want that any such party is a cOrpOr�&(/Cion, its or their sw-rawer& Or assigns.' /(Ysic Witness Buyer Wtewea Buyer �6s_ 9s�yo Telephone In City Council Council Beast go. Cate A True Copy, Attea4 city Clerk •y- Sha abova offer is accepted Chia day, Of lqd and eecordtogly tonatiretea a bladlag eoatrect for sale of lead between Soyer at Sellar. Witness gY azutive BreeucLva 5lreeior Mpflgygb 0 N "M FOW Agp AMQ=r: Attorney _yq_