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_