HomeMy WebLinkAbout1970-04-13 125-X ORDERn
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y Introduced by COuntibr Mooney, Ayr. 13, 1970
CITY OF BANGOR
(TITLE.) (Drbfrf...... Approving Proposed Contract for.. sale of Land in the Stillwater
Perk Urban Renewal Project Parcel No 41 & 42
By the City Couea4 of tho City of Deeper.
ORDERED,
TBAT WHEREAS, the Urban Reneugl Authority of the City of Banger proposes
to enter into a contract for the sale of parcel numbered 41 & 42
In the Stillwater Park Urban Renewal Project with William M. and
Betty A. Martin , and
WHEREAS, the said William M. and Betty A. Martin
has offered to pay therm of Fourteen Hundred and -------- 00/100 Dollars
for said parcel said price being the minimum approved price for said parcel
as established by the Urban Renewal Authority and approved by the Dspercnent of
Housing and Urban Development; and
WHEREAS under the previsions 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 RumemalAythMity has filed a copy of the
proposed contract with We. M. & Betty A . in the office of the City Clerk]
NOW, MREPDRR, E8 IT ORDERED:
THAT the proposed contract on elle with the City Clerk be and
is hereby approved.
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IN CITY COUNCIL ........................•
April 13, 1970
Pus® %.PCiSS}.5+4•.??.:: a.?:.................
CSTY LF.R% LilZOduCN d YlLd E)
i
Revised April 16, 1563
CORTRACT FOR SA18 OP LARD
(OFFRR ARD ACCRPTAN4'S)
STILLNATER PARS PROJECT
PROSSM N0, M R•4
Fe6..10. 1970
T0: Urban guarani Authority of the
City of Binger
city Bell
Bangor, Mine
OFFER;
1 William M. Martin and Betty A. Martin
herein celled "Buyer, offers to buy, subject to the term set forth herein, the
follming described laud:
Lot membered 41 and 42 49 shown on Flan of LM entitled
"Stillwater Park Project, smazor, Penobscot County, Pat",
Urban Renewal Authority of the City of ganger, Project Be. R-4"
misting of nine (g) Pages and aa cordal is Penobscot Registry
of Dads in Plan Book 24 , pages1 to _9 inclusive.
3. Buyer will pay Fourteen Hundred and OG/loc Dollars
0 1,400 ) for slid land in cash within one hundred and twenty (120) days after
the • ceptance of this offer by Seller. Rhe Authority my pant addiciorl time
open, written request from the Buyer.
3. Conveyance of said land shall be made by warranty Deed, subject to all
enactments of record, the Dweleretion of Restrictions for Stillwater Park Project,
Bangor, Maine, R-0, which wee recorded 1n Volume 2113, Page 385 Of Penobscot
Registry of Deeds, eM to those conditions sat forth hereinafter to which Buyer
expressly agrees.
(a) (t) Tie Buyer herein covenants by am for himself, hie baits,
aaecutors, administrators and assigns am all parents claiming under or through
them, that Buyer and such heirs, executors, administrators and assigns and all
Parsons claiming under or through teem aball:
(1) Devote the Property to and only to and in accordance
VLth the uses specified in the Declakation of Beatrlctiova and as it my be here-
after emended frr tire to time;
(2) get dlscrieiare upon the basis of race, color, Creed
Or national Origin In the sale, lease or rental or In the use or occupancy of
the Property or any Improvements erected or to be erected thereon, or any part
thereof.
(it) It is intended and agreed that the agreements and covenants
provided in this section shall be covenants running with the lend and Nat they
shall. In any event. and without regard to technical classification or deslgm-
tia, legal or otherwise, and except rely as specifically provided In this Agree -
sent, be, to the fullest extent permitted by law aod equity, binding for the
benefit and in favor of, and enforceable by, seller, its successors and assigns,
the City of Bangor, any successor in Interest to the Buyer of the property, and
OG Owner of any other land (or o£mny interest in such IBM) in the project
Area which is subject to the land use requirements sod restrictions of the De-
claratim of Restrictions, and the Baited States (in the case of the covenant
provided in subdivision (2) of subsection (I) hereof) against the Buyer, his
Successors and assigns, to Or of the Property Or may interest therein, and any
Party to possession or occupancy of the Property. it to further intended and
agreed that the agreement and covemat provided in clause (1) (1) shell renin
In effect until January 22, 2022, and during the term of any extension thereof,
(at which elms Bush Sacrament and covenant shell terminate), AM these provided
in clause (1) (2) shall remain in affect without lineations as to tim:
Provided, that such agreements and covenants shell be binding on Buyer himself,
each successor in interest or coolie, sod each party in possession or Occupancy,
respectively, Only for such period as he shall have title to or an interest to
Or possession or Occupancy of the Property.
(iii) In amplification, and not In restriction, of the provisions
of the preceding subsection, it is intended and eve" that Beller and City of
Senate shall be deemed a beneficiary of the agreements and covenants provided in
subsection (I) of this section both for and in its own right and also far the
purposes of protecting the tntereere of the community and the other parties,
public or private, in Wheat favor or for whme benefit such agreements and twe-
usetn have been provided. Such agremnts and covenants shall run in favor of
Seller and City of Bangor for the entire period daring which agreements and
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covemnte shell be in force and effect, without regwel to whether Seller and
City of Bangor tae at any tion been. remise, Or In an owner of any lend Cr
interest therein to, or in favor of Mich such agrearsnts and covenants relate.
8e11cr and/or City of Bangor shell have the right, in the went of a" breach
of any ouch crammer or covenant, to marclse all the rights and randier and
to maintain any actions at law or suite in equity or other proper proceedings
to enforce the curing of such breach of agreement or noncoms, to Mich it or
say other beneficiaries of each agreement or musette my be entitled.
(b) TO construct me (end not mon than me) standard deviling home
(single family) upon the lend Mich will met the simmer requfrevents ae oat by
City of Magor ordinances and the Declaration of gestrictiom. Comcrmtim
moat start within rix (6) mmrha of the date the Deed is recorded in the Buyer's
nem, and completion mat be acnamplished within twelve (12) esathe of data of
connecting constructive. Flan for said duelling house hill W subject to re-
view by Seller prior to conveyance of the land. Within ninety (g0) days of the
date of the completes of the offer by Seller, Buyer agrees to submit construc-
tion plow for approval by Seiler, and evidence satisfactory to the Seller of
Buyer's ability to Unman the construction of the proposed Empiwennvte.
(c) (1) In the want Chet prior to completion of the Improvecante
as certified by Seller;
(1) Buyer (or successor In interest) shall default is or
violate his obligations with respect to the emetrucclan of the Iopxevemnta
(Including the nature and the dotes for the begianing and completion thereof),
or shell abandon or substantially suspend construction sort, nod any such default
ar viclaciam, hbandamnat or smpaoeim shall not be cured, ended or remedied
within three (3) Course (six (6) months if tee default is with respect to the
date for cmpletion of the laprwements) after written devand by the Seller so
m de, or
(3) Shore is, in violation of this Agmaram, any transfer
of the Property or any change in ownership of the Property, and such violation
shell not be cured within thirty (30) days after written demand by the Sallee to
Buyer; then Seller shall save the right to re-enter and Cage possession of the
Property and to Conclaves (and revere to the Seller) the entero conveyed by the
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Warranty Reed to the Buyer, it Being the larger that the conveyances Of the Proper-
ty to the Buyer &bell be ®da upon a canticles subsequent to the effect that in
the asset of any default, failure, violation ar other action or iodation by the
Buyer specified in clauses (1) end (2) Of this subsection (I), feature on the part
of the Buyer to remedy, sod Or abrogate Bush default, failure, violation Or other
action or Inaction within the period and ie the mane[ stated in said classes,
Seller at its Option may declare a teraivatlon in favor of as Seller of the
title, and of all the tights and interest in Che Property towseyed by the Nerr"Cy
Dead to the Buyer and that ouch title and all rights and interest Of the Buyer
and any assigns or successors in interest in than property shall revert to the
Seller: provided, that ouch condition subsequent and any remstiog of title ea
a result thereof in Seller shall always be subject to end limited by, and shall
not defeat, render Invalid as limit in any any (1) the lieu of say mrtgaga
authorized by this Agreement and restated for the sole purpose Of Obtaining tonne
to construct the Smtovemaate, and (f) any rights Or Interest provided in this
Agreement for the protection of the holders of Binh mrtgagea.
(11) Seller shall have the right to institute each actions or
proceedings as it my down desirable for effectuating the purposes of this section
(c), including also the right to ereaute and record or file with the Penobscot
Registry of Reeds, a written declaration of the terMnattou of all rights and
title of Buyer and his successors in interest add designs in chs property, and the
revealing of title thereto in the Seller; provided, that any delay by the Seller
in instituting or prosecuting any much actions we proceedings or otherwise "Bart -
Ing its rights under this section shelf not operate ad a waiver of such rights or
to deprive it of or limit such rights in say Bey (it being the intent Of this pro-
vision that Seller should net ha constrained so as to avoid Ne risk of being de-
prived of or limited in the exercise of the trendy provided in this aection (c)
because of concepts of waiver, leave Be otherales) to Barrel" each remedy at a
tied when it my still hope otherwise to resolve the problems created by the de-
fault involved, nor shall A" waiver in fact red* by Seller with respect to any
specific default by Buyer under this section (a) be considered Or treated as a
waiver of the rights of Sellar with respect to any other defaults by Buyer under
this section or with respect to the particular default caused to the career ape-
cificelly Wised.
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(d) The Buyer represents and agrees that bis purchase of the property
sad his Other andm"MW amendot to this agreement are am mill be used for the
purpose Of rmmeloptamt 01 rhe property sod not for speculation to IoM holding.
no Buyer further recognises that the gaellficatiens and Identity of the Buyer
are Of particular concern to the community and the Sener. The Buyer further
recognises that it to because Of Ruth quelificetiens and identity that the Seller
is entering into this agreement with the Buyer, am in so doing is further Ailing
to accept and rely on the obligetim of she Buyer for the faithful performance
Of all undertakings am economic hereby by him to be performed withont requiring
In addition any surety band Or sinner undertaking. per the foregoing remove,
the Buyer Ieptosents and ascan for himself and any successor in interest that
accept only by way of security fon and only for the purpose of Obtaining listening
necessary to enable the Buyer or successor In Interest to perform his Obligations
with respect to taking the lmprweaeana under this agreement, the Buyer (ancept
as so authorized) hes not made Or created and that he will net, price to the pro-
per completion of the tmprwemsnte as certified by the Seller, make Or create ce
suffer to be made or created any total we partial sale, assignment, coweymem
or lease or any trust Or power Or transfer in my Other mode Or form of or with
respect to this Agreement or the property or my Internet cocain " my contrast
Ow agreement to do say Of the came without prior written approval Of the SalAm.
The Seller shall be entitled to require as conditions to any each approval that:
(1) Any proposed transferee Roll have the qualifications and
financial raspmsibility, an determined by the Seller, necessary and adequate to
fulfill the Obligations tedettamO in this agreement by the Buyer;
(ti) There os been submitted to the Sell" for rpviaw, and the
Seller bee approved, all aaatrmewa sod Other legal documents involved in effee-
tiag transfer:
(Irl) The consideration payable for the transfer by its transferee
Or On his behalf Shull not second an center represented the actual cost (inclu-
ding carrying charges) to the Buyer of the property arm the Ingmwermnto, if any,
theretofore made tozew by him: It being its intent of this precision to pre-
clude eeaigmment Of this agreement or transfer of the property fon profit price
to the completion Of the lmprwements and to provide then in the asset any such
assignment Or transfer Is made (and is not cancelled), the Seller shall be entitled
to imreaee the purchase price to the Buyer of the property previded in Section 3
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of this Agroamenn by the amount that the consideration payable for the motpneat
or transfer is in encase of the Cant authavlead in this paragraph, and each
consideration Mall, to the errant it 1s in "Case of Ne amount no authcrivV4,
belong and be paid to the Seller.
(iv) the Buyer and his transfevea shall tangly with such other
conditions as the Seller my find desirable in order to achieve and safeguard
the purposes of Chapter 168 of the Private and Spacial Leas of bnine, 1951, as
amended, and the Declaration of Restrictions as it may be mended, and the
Federal Housing act of 1949, as aeeaded: Provided that in the absence of ape-
cific written agreaannt by the Seller to the contrary, no such transfer or ep-
pronal by the Seiler thereof salt be deemed to relieve Cho Buyer or any other
party based in any way, by this Agreemnt her otherwise with respect to the con-
structfoa of the Doptovemate £ram any of his obligations with respect thereto.
(a) Boer of the provisions of thin Agreement are intended to her Mall
be serged by reason of any read transferring title to the property from the
Seller to the Buyer or any succeeeor in interest, and any such Beal shell not be
domed to affect her impair the provisions and constants of this Agreement.
(f) For the purposes of any of the provisions of this Afternoon,
neither the Seller nor the Buyer, as the case nay be, nor any successor in inter-
est, shall be considered in branch of or default in Its obligations with respect
to. the preparation of the Property for xedeveLepvan[. an the beginning and cat-
pletion of construe tion of the lmpioveWn[a, or progress with respect thereto,
in the sweat of delay in Cha por£axmxa Of such abligationa aur is unforeseeable
causes beyond his control and without his fault or negligence, including, bat not
restricted to, acts of god or of the public noway, acre of the Goverment, "to
of the other party, fires, floods, epidemics, quarantine restrictions, straits,
freight embargoes and unusually tavern Write[ or delays of subcontractors due
to such causes; It being the purpose and intent of this provision that in the
event of Che occurrence of any such delay, the than an time for performance of
the obligations of the Seller with respect to the preparation of the Property for
redevelopaent an of the Buyer with respect to cenatruction of the 1 ytovemenre,
as the case my be, hall be cateaded for the period of the delay; Provided, that
the party Beaking the benefit of the provisions of this section shall, within
slaty (0) days after the beginning of any such delay have first notified the
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ather per" thereof in whim, and of the cavae or towns thereof and Tolwated
an extension fon Cha period of the Relay.
(g) Prior to the mcgloeioa of the te$YwapmaW by the Buyer, WIMOW
the Buyer not any awwwor in interest to the Property shall engage in any lines -
elm or any other transaction aeeatieg any nor[gefe or other owambrance or line
upon the property, elector by expreae agrewant or operation of leu, or suffer any
arauthrence or line to be meds on ar attach to the Property, MwPt, and only to
the eaten[ necessary, for the purpose of obtsintog favids for moping the leprwe-
ments. It is further agreed that the Buyer (or successor It Interest) shall
notify the Seller in aduawe of any maregage financing he proposes to enter foto
with respect to the property and in any event that he shall promptly notify the
Seiler of sty cWwwanee w lion that has been created an or attached to the
property, vbetber by voluntary act of the Buyer or wlerv£ee'.
(h) BotmitheCaodivg A" of the pewislaw of this Agrcaeae. Including
but not Suited to those repraeentiog cweennto euaotm rich the load, the holder
of any obiitatia authorized by Chia Agreement (Including say each Bolder vho ob-
tain title to the property as a raeclt of foxeclware prowadinge oY action In
lieu thereof, but not Lmtading (1) any other party ubo thereafter cocaine title
to the property Prov or through such holder or (P) aw other purchaser at fwa-
closuie sale other than the holder of the obligation itself) shall in no Mea be
obligated by the previefaee of this Agraemsat to construct or carriers the Beprow.
rants or to guarantee such construction w c rpletiw; nor shall any ewemat or
any other prwleLoa in the Bead be construed to as obligate eucb holder: pr„idea,
that aching In this section or any other section or prevision of this Agewment
shall b dewed or construed to paratt or autharixe any such holder to darner the
property or any pare thereof to ray uses, w to eooatraet any faprweeonta thereon,
other than [bone uses w Lprovemn[a provided or authorized in the panlwatiaa of
Restrictions, acdLnances of the City of Bangor, and thin Agreement.
4. We member, official or wplayee of the Salter chall base app personal
Internet, direct or indicant, In Chia ®B waxame. We shall any each carter, at.
£icfa) or employee participate to any decision relating to this ggrawrot stitch
effects his personal Interesto are the interests of nay empora[Sou, partnership
eY association In Make he is, directly or indirectly, interested. No member,
official or wplayee of the Sell” shalt be personally liable to the Buyer an ecy
.l.
Successor in Interest to the great of any default or hrench by the Seller or for
and, arcane which Orgy correct due to the Buyer or successes or an any oblIptlons
Order the terse of this Agreeant.
S. Term and Special engagements, if my, dee an or before the closing data
shall be paid by Seller.
6. Bayer herewith tenders Seventy and 00/100 Mllars
(p 70.00 ) Mich now Sa at least fire pretest (52) of the offered purchase
price as serest money to coeds a part of the payaant of the purchase price of
the Arco spm acceptance of this offer by Seller. Thin aim shall be held by
Sellar and If this offer is not Accepted, it shall be returned to Buyer, without
Interest. It alit be rewired by the Seller for refmseuraemeot as liquidated
dmmges to partially offset expenses incurred by the Seller for legal Advertising,
title search, Internet Authority administrative nations or otherwise if the Buyer
falls to matePlete the purchase of said lead within the time specified in Paragraph
2 burgle.
y. This offer is binding spun Buyer If accepted by Seller within sixty (60)
days and general be withdrawn durind this tirm. If rat accepted by Sailer witela
sixty (6p) do". it is automatically cancelled and expires, to Mich ease the
earnest mosey shall be promptly refunded to Buyer, without interest.
S. Closing of purchase shall tate place not mora then one hundred treaty
(120) days, or as otherwise specified In paragraph 2 bosomy, from date of megt-
meg of this offer by Seller; and notification to Bayes thereof by returning to
Buyer ane (1) accepted copy of tide offer to the address Indicated below. The land
scall be conveyed to the Buyer by a lhtcanty Mae oft dare of closing.
9. Tea Seller may or the Bay^r shall promptly file the Lead for stammerer
in the Penobscot Registry of Bends at pauses, mosive. Rhe Buyer shall pay all
cents (including the coat of any real assets tremfar tea an Ne Mad, for which
etatya in the proper mount shall be afftaed to the Bored by the Buyer) for an
recording the heed.
30. promptly after cowpletimn of the in accbrdaaro nith this
Agreement. the Seiler will furnish the Bayer with an appropriate instrument ea
certifying. She certification by the Seller shall be (and it shall he me provisio;
in the Beed sad in the certification itself) a mortuaries determination of mtlm.-
faction and tormtumtioa of the covenmto in the Afreezent aha the Bred with respect
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to the obliCations of the Buyer and his heirs and eenigue to construct the Ieprone-
cents ted the dates for Chs ba8tm:y sad cseplstioo thereof. The certification
shell be fn such fern ea will ecabls Sr to be retarded, If the Bella[ shall m -
fees or [ell to provide CW certification, the Seller shell,
within 4
) soya after written request by she Buyer, provide the "T
With a wtittae saatenOL iadtcaiind in adequate detail how Lou 3uyet bee lalled
to conplete the tnprovocants to cooforulty with the Mass Sensual Plan or this
Agnemvb, or to OtherMee In default, and chat reasures or acts it will ha
necessary, in the opinion of the Beller, fox the Buyer to seta or panfota to =day
to obtain the certification.
11. Tho bo[d "Buyer" 1n this agreasent shell be construed to ween bath the
plural and singular mabor, in any grader, sad to seen not only the party thereby
designated, but also his, bar or their respective faire, assigns, anecutore. ad•
elnietraror0 or successors in interest, or, in the event that any each party is a
corporation, its or their successor& or aseiges.
2CWi n tide/ 1,�.s'r
Vlrnasa BUTer
Viruses
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9Yi 7S/
Telephone
Io City Council Council Order No.
Bete
A 'hue Copy, Arrest:
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ACCOcyAgCs: -
Si above offer is accepted thln day df49®,
meal u
anrdtngly constitutesry t¢e a 6lndtcontract for awls of load bateeae Bayes .1
Beller.
Owl l5kBAB B&]Bf191. AR' Miry W
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lItmse 9y
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8xecucfeettla
ve Director
ApfBdyBB A9 m MB p0&S ANP A9¢QBAde:
Attorney ----
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