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HomeMy WebLinkAbout1970-04-13 126-X ORDER126-X Introduced by Councilor Meaney, Apr. 13, 1970 CITY OF BANGOR (TITLE) (Drbff,.... Approving Proposed CovFract for Sale of Land in the Stillwater Park Urban Renewal Project Parcel No 1.69 BY its CilY Commit of W Oily of Barstow: ORDERED, TUT WHEREAS, the urban Renewal Authority of the City of Bangor proposes to enter into a contract for the sale of parcel mmbered 169 in the Stillwater Park Urban Renewal Project with Burton A. and Margaret L. Copson , and WKEREA5, the said Burton A. & Margaret L. Copson has offered to pay the aim of Eleven 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 Department of Mousing and Urban Development' and WHEREAS under the provisions of Chapter 168 of the Private and Special Laws of Maine, 1957, as emended, City Council approval of all contracts for the sale of land within the project area is required; and WIE:REAS, the Urban Renewal Authority has filed a copy of The proposed contract wItWUrten A 6 MARGARET L. No office of the City Clark; NOW, THEREFORE, BE IT ORDERED: THAT the proposed contract on file with the City Clerk be and is hereby approved. 126-x 2: 21 O R D E R C=iY CL,"Y'S Cf�ICF 8tle. Sale of ford in Stillwater Park UR ...................................... IN CITY COUNCIL April 13, 1970 Parcel Na. 169 PAS SED CI Leax L duced eud filed by ... ... :- Revised April 16, 1563 CWTRACT POR SALE W LARD (Ong AW Acclu BCR) STILLWATER PARR PROJECT PRQRRS NO. ME. R -A 3-16-70 To: Urban Rmewel Authority of the City of Romany ("Seller") City Ball Bangor, Maine Ong: 1. Burton P end Margaret L Capson herein celled 'Buyer," offers to buy, subject to the tetras get forth herein, the following described lend: Let scattered 169 es shown on Plan of land entitled "Stillwater Park Project, gungor, Penobscot County, Maine, Urban Renewal Authority of the City of Batser, Project Me. R -e" consisting of nine (9) pages 80 xo corded In Penobscot Registry of Coeds in Plan Book 24 , "SasI to 9 , inclusive. 2. Buyer will Pay Eleven Hundred Dollars (01,100 ) for said lend in cash within one hundred and twenty (120) days after the acceptance of thin offer by Seller. "a Authority way grant additional time upon written request from the Buyer. 3. Cenveyarce of said land shall be made by Warranty Beed, subject to all easements of retard, the Declaration of Restrictions for Stillwater Park Project, Banger, Maine, R-6, which was recorded In points 2113, page 385 of Penobscot Reglatxy of Beads, and to those conditions set forth hereinafter to which Buyer supremely agrees. (a) (i) The Buyer herein cevenuata by and for himself, his heirs, srecutors, administratore and assigns and all parsons claiming under or through Ohm, that Buyer and such heirs, executors, administrators and assigns and all persona claiming under or through td atoll: (1) Because the Property to and only to and in accordance with the uses specified in she Declaration of Rearrictlmv and an It may be here- after amended from tine to Hass; (2) Not discriminate upon the basis of race, color, creed or national origin in the sale, lease or rental or to the use Or Occupancy of the Property or any Improvements erected or cc be erected thereon, or any pert thereof. (i1) It to intended and agreed that the agreements and covenants provided in this section shall be covenants running with the land and that they shall, In any event, sed without regard to technical classification Or deelgm- t1m, legal or otherwise, and except Only an specifically provided in this Agree - sent, be, to the fullest career permitted by ler and equity, binding for the benefit and in favor of, AM enforceable by, Seller, its successors and saetgoe, the City of Bangor, any successor in Inter"t to the Buyer of the property, and the Owner of any other land (or oftety interest in each land) in the project Area Mich is subject to the land use requirements and restrictions of the Do - elevation Of Restrictions, and the United Stites (in the case of the covenant provided in subdivision (2) of subsection (1) hereof) spinet the Buyer, his mmcaacera and aasigne, to or Of the Property or any interest therein, and any party in possession or occupancy of the Property. It 1s further Intended and agreed that the agteemat and covenant provided in clause (1) (1) shall remetn In Offset until January 22, 2022, cud during the ten of any extension thereof, (at which time such agreement and covenant shall terminate), and Nose provided in clause (1) (2) shall remain in effect without limitations as to time: Provided, that such agreements and casemate shall be binding on Buyer himself, each successor in interest or assign, and such party in possession m occupancy, respectively, Only for such period as he shall have title to or an interest in or possession Or Occupancy of the Property. (lit) In amplification, and not In restriction, of the provisions Of the preceding subsection, it is intended and agreed that Seller and City of Banner shall be deemed a beneficiary Of the agreemavts and covenants provided In subsection (i) of this section both for and In its own right and also far NO purposes of protecting the interests of the community and the other parties, public Or private, in whose favor or for Moee benefit such agreements and cove. seats have been provided. Such agreements and covenants shall run in favor of Seller and City Of Sanger for the entire period during which agreements and -2- covenants $ball bar in force add effect, without regded to whether Seller and City of Mader has at any Lima been, agreeing, ar is de coast of any Land or Interest therein to, or in favor of which such consumers and conscience relate. Seller andlm City of league shall have the right, In the event of any breach of any such agreemeat or covemat, to exdreiee all the rights and venedies and to maintain any actions at lav or suite in equity or other proper proceedings to enforce the curing of Both breach of egreaeent or consume, to which it or any other beneficiaries of such agreement or covenant may be entitled. (h) To construct ore (and But man them ane) standard duelling house (single Easily) upon The land which will feet the Walden requirements as set by City of Bangor ordinances sed the Bnclaraties of Scgmictions. Constrouttm meet start within sit (6) marts of the date the Beed is recorded in no Buyer's neve, sed mayletion vas be amorpldshed within halve (11) monthe of date of canvassing eooetcuctiaa. Place fee said dwelling house will be subject to to - view by Seller prior to convalesce of the land, Within nicety (9o) days of the date of the acceptance of the offer by Beller, Buyer agrees to arcade moment - tion plane for approval by Helier, add evidence satisfactory to the Seller of Buyer's ability to finance the construction of the proposed Empcaeaevice. (c) (I) In the event that print to convolution of the Improvements as certified by Seller: (1) Buyer (or successor to Internet) shall default in or violate his obligations with respect to the construction of the Ivprdvements (including the nature and the dates for the beginning add coepletion thereof), or shall abandon Or substantially suspend construction wa4, mad any Such default or violation, hbandovmat or susponswind shall ant ha cured, ended or rem9ied within three (3) soothe (nix (6) months if the default is with respect to the date fee mmplettoa of the Inpnovamems) after written dmand by the Seller s to do, or (f) note Is, in violation of this pgreesen, day transfer of the Property or any change in Ownership of the Property, and such violating shall out be cured within thirty (30) do" after wrlttea damn by the Seller to Buyer; then Seller shall hove the right to re-enter end take possession of the Property and to novelists (and revert to the Seller) the acidic conveyed by the -3- Warranty Beed to the Buyer, it being the Intent that Chi conveyance of the PrapSZ- ty to the Buyer shall be vada Spon • condition subu puent to the affect that in the event of any default, failure, violation ar Other ectim or inacelm by the Buyer specified in classes (1) and (1) of this subsection (1), £aulure an the Part Of the Buyer to remedy, end Or abrogate each default, failure, violation or other action or function within the period and in the Manor stated In said ePea6es, Seiler at its option may declare a terninstion in favor of the Seller of the title, and of all the Sights and interest in the Property comeyad by as Warranty Mad to the Buyer and that each title and all rights and Interact of the Buyer and any assigns or Successors in interest in the Property shall revert to the Seller: Provided, that such condition subsequent and say recasting of title sa a result thereof in Seller shall always be subject to and limed try, Bad shall not defeat, radar invalid or limit in a" way (1) the Iran of say nortyge authorized by this Agreement and Mounted for the sole purpose of obtaining furls to construct the Improvements, and (g) any rights or Interest provided in this Sparsest for the protection of the holders of Such vortgcges. (it) &list shell have the right to institute such achene Or proceedings as it ay deem desirable for effecturting the purposes of this section (c), including also the right to Bsecute and record or file with the Penobscot Registry of Bards, a written declaration a the tervinatim of all rights and title of Buyer and his succaseore in interest and assigns in as Property, and the reverting of title thereto in the Beller; provided that any delay by the Sells[ In instituting or prosecuting any such actions or proceedings or otherwise aaeere- fog its rights Order this section Shall not operate as a server of ouch rights of to deprive it of or limit Own riate in any say (it being the intent of this Pro- vision that Seller should not be constrained so as to avoid the risk of being de- prived of or limited in the exercise of the comedy provided in this section (n) because of concepts of waiver, laehae ar otherwise) to examine such remedy, at a ties when it may Still hope otherwise to resolve the problems created by the de- fault involved, now Gall any setvev to fact ode by Seller with respect to Soy specific default by Buyer Oder this rection (c) be considered or treated as a waiver of the rights of Seller with respect to a" other defaults by Buyer under this section or with respect to the particular default except to the unrest Spe- cifically "land. (d) no Buyer rePtmenns and agrees that his purchase of the Property and his other undertakings pursuant to this Agressom are and will be used for the PmPmsa of redevelopment of the property and at for speculation in land holding. no Buyer further rwogmirea that the qualifications and identity of the super ase of particular concern to the community and the Seller. The Buyer further racogn12e0 that it to because of such qualifications and identity that the Seller is entering Into this Agreement with the Buyer, and to ea doing Is further willLaS to decays and rely en the obligation of the Buyer for the faithful performance Of ell undevtakinEs and casemate hereby by him to be performed without requiring in addition any Barney bond or slmilar uvderteking. par the foregoing rsaeona, the Beyer represents Bad agrees for himself and any successor in interest that snoops Only by way of Security for and only for the purpose of obtaining financing necessary to amble the Buyer or successor in interest to perform his obligations with respect to asking the Improvements under this Agreement, the Buyer (except as so authorized) has Out made or created and that he will not, prix to the pro- per completion of the Improvements as certified by the Seller, make or create By Buffer to be made or created any total or partial sale, assignment. conveyance or lease or any cruet or power or transfer In any other made we farm of or with respect to this Agreement Or the property or Bay interest therein or my contract ac agreement to do may of the same without prior written approval Of the Sellar. She Beller shall be entitled to require as conditions to any such approval Che[: (i) day proposed transferee sba1L have the qualifications and financial responsibility, as determined by the Seller, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Buyer; (ii) note hes boom submitted to the Seller .for curfew, and the Sellar hen approved, all instruments and other legal docents 'Involved In offee- ting transfer; (iii) She consideration payable for the transfer by the transferee or on his behalf shall not exceed an woman representing the actual coat (inclu- ding Berrying charges) to the Buyer of the property and the laproressur, , if any, theretofore ode thereon by him; it being CW intent of this provision to pre- clude assignment of this Agreement or transfer of the property for profit prior to the completion of the Improvements and to provide that In the treat any ouch assignment m transfer to made (and is net cancelled), the Seiler shall be entitled no increase the purchase price to the Buyer of the property provided it Section 2 -5- of this Agrament by the extent that the consideration payahla for the aeeiSae¢^.'. or transfer to to excess of the amount authorized in this paragraph, and ouch consideration shall, to the "taut it to to excess of No arcane we authorised, belong and be paid to the Seller. (tv) Me Buyer and his transferee shell cmiply with emh other conditions as no Seller my find desirable in order to achieve and Safeguard the purposes of Chapter 155 of the private and spatial Use of Nnins, 1957, as seemed, and the Declaration of onatrictime as it my he aneoded, and the Federal Housing dot of 1999, as assmad: presided net in the absence of ape- cific written afternoon by the Beller to the contrary, no such transfer or ap- proval by the Beller thereof shall be darned to relieve the Buyer or airy other party boom in any way by thin Agreamat or otherwise with respect to the con- struction of the Improvements from any of his obligations with respect thereto. (e) Nom of the provfafoas of this Agreement are intended to or oball be merged by remon of any Dead transferring title to the property Econ the Seller to the Buyer or any sueceseos in interest, and any such Dead shall not be domed to affect or inpmir the previsions am covandnts of this Agreement. (f) per the purPosm of any of the provisions of this Agreement, neither the Beller nor the Buyer, as the case may be, net any successor In inter - ear, shall be considered in breach of or default In its obligations with respect to the preparation of the Property fear redevalopmnt, or the beginning and can- pletion of construntion of the lmpromeents, or progress with respect thereto, In the event of delay to the performaaece of Such obligations due to unforeseeable causes beyond his control and without his fault or negligence, including, but net ceerrictad to, aces of God or of the public enemy, acts of the Goverment, acts of the other party, fires, floods, epidenies, auarentins reerrictiono, stsihea, freight embargoes am unusually severe weather or delays of subcontractors duo to such causes; it being the purpose and intent of this provision net in the meet of no occurrence Of any such delay, no time er time far peifoemama of the obligations of the Seller with respect to the preparation of the property for redevelopment or of the Buyer with respect to construction of the lryrmemnts, ae the case my be, shall be extended far the period of the delay; Prm� 1 egad that the party seeking the benefit of the provisions of this section shall, within sixty (60) days after the beginning of any such dalay have first notified the -6- other petty thereof to "ting, and of the came or esocea thereof and requested an extowiw for the period of the delay. (e) pet" to the cospfetiaa of the heprovema n by the Buyer, neltwe' the Bayer our any successor to Internet to the property shall earners in any fteen- ctng or any ether tOmaction areating any aortgage ar other eacuibr0ncs or 1100 upon tha property, Wether by cayman narrower or oParatim Of law, n suffer Any greengrocer or Lisa to be rade on or attach to the yroperty, secret. and only to the wrote necessary, for the purpose Of Obtaining trade for mehin the Ivprove meats. It is further ogre" that the Buyer (or successor in interest) *ball notify the seller In advance of any mortgage financing he Proposes to cut" taco pith respect to the Property sed in gay event that he shall'prteQtly notify eta Seiler of my wcurbraum or line that has been crested an or attached to the property, sherbet by voluntary act of the Buyer n ttheetim. (h) uoMthemadine gay of the provision of this Aamemeet, including but wt linited to thea representing eovemata running lith too land, the holder a my obligation authorised by this Agremant (f.acludfng my each holder Wo Ob- team title to the property ars a result of foreclosure proceedioge an action in lire thereof, but not Including (1) any court party Who [hereafter tutelar tibia to the property few dr through rush holder or (2) any other Pestlence at face' closure sale other than the better of the Obligation itself) shell in no tied be obligated by the proviaioae of this Agseomanc to construct tr ewPlete the Impeove- mats or to guarantee ouch construction Or ewpletianp not shall any c"e"nt err any cruse ptnision in the (reed he wastrn" to so obligate such holder: provided, that nothing to this auction or any ether section or provision of this rectorate aboll be deemed or camtre" to pewit or nethorito an; such holder to devote the property or any part thereof to bey uvea, n to camtnmt any inprovemanta custom, other than thus* was or bapxaveonam provided ar authorized in the Declaration Of Restrictions, ndincncm of the city of Bounce, and this Agraemnt. 6. No member, official or sapltyet of the Belief stall have any personal interest, direct or Loiterer, in this Adventurer, nor nhail any snob magas, n£- fit6al an eupltym psrtieipeta to any, deciaiw relating to this Agreement Wtch affects his personal interests Or the Interests of any corporation, pertmdahlp or association In Wie% he is. directly or indirectly. Interested. No meshes, official or ew£eym of the Seller shall be personally liable to the Buyst or any -7- oamceaan to interest in the count of any default ce breach by the Seller or fox Any sentence which may Success due to the Near or successor or on Awn obligation under r o tease of this Agreement. S. Taxes am special aeeesevous, 4£ any, due an or before the closing own shall be SAW by Seller. 0. Buyer herewith tamers Fi f iv �e Mllara 0 55.00 ) which atm Is at toter five percent (ST) of Ne offered purchase price as neonate many to bureau a pert of the payment of the purchase price of the lend upon acceptance of this offer by Seller. "to am shall be held by &list cad if this offer to not accepted, it obalL be returned to Buyer, without interest. It shall be rataiaad by the Seller for relmbuiaveent as liquidated churches to partially offset topcoats incurred by the Seller for legal advertising, title search, internal Authority administrative anicas at otherwise if the Upon: fells to compiets the purchase of maid land within the time specified in Pantograph 2 herein. t. Thio offer is binding ulwn Buyer if accepted by Saller within sixty (BO) days and cannot be withdrawn during this tire. if me accepted by Belles uIthlo sixty (60) days, it is astronautically corralled and expires, In which cute the surname money scall be promptly refunded to Super, without interest. B. Closing of purchase shell robe plate roc more than one hundred twenty (120) days, or as othervise specified to Paragraph 2 bereaf, free data of accept. encs of this offer by SoLler; and notification to Buyer thereof by returning to Suyar can (1) Mounted copy of thin offer to the address indicated below. The land shall be conveyed to the Super by a Warranty Beed on data of closing. 9. no Seller my or She nape shall promptly filo the Deed for enunciation in the Penobscot Registry of Nods at Manor, Maine. no Buyer shall pay all roses (including the cost of any real estate transfer can ca the Deed, for which sta.9s in the proper ansae shall be effisad to the Deed by Che Burn) for ea recording the Deed. 10. promptly after completion of the Igrwereab is accordance with Able Agreameat. the Seller will furnish the Buyer with as appropriate Instrument nen cortifyin. no certification by the Seller shall be (and it shall be so pranded In the Deed sad in the certification itself) a cumulative deteattimatloa of satle- faction and termination of the announce In the Agreement and the abed with respect .a- to the chllgatime of the Buyer end his bin end "eigup to emmenia[ the ftgtms- men sod the data for the byima" And eotplattno thereof, The tertifinttoo shell be :n lush form as will onbla It to he ratotde. T.T the Salla[ Abell nn tale pY full to pxmtde tb a:ertineaztm, the Bennet '9&11, eithto O ✓m J ., _.. __.., _.. .... T, i Aso ofnt writes n at e,y rue Beef, prwihe *>aAABerwr ....:........c.,m:mm inilosrm6 so aaequat, dt.aii uw U.e ouyc::.... to Complete the Impcwmmn to conformity with the Osbn Removal Plan or this Agreement, or to othervse in default, end .het oessures or sets it will be nwenary, is the opt"m of the Beller, fns the Buyer to tab or Parfet in mint to obtain the eeetificetion. 11, flow, used "Buyer" in thn agreement shell be construed to mean both the plural sed alnqular nmbar, in any Boller, and to emu mit rely the party thereby denigrated, but also hie, her or their resptctien Wire, assizes, executors. ad- mnisetatoee or successors in interest, W. in the went that Any curb party to e Corporation, its or their sueeeeswe or "signs.. witness �p JL— gayer 7 f t / B![mse `- Buyer pis Sf'//w„f� Air 9¢z- �zga Telephone in City Council Council Order no. note A True Copy, Attest: -9. The above offer to uccepeed this day of 4D� and accordtoily conetimtee a bindia0 eentroct fee Selo of lead between Baryes det Belles. (CBdh) UdBAN RRRBNGl. Ammny w TUB Gin w BANM Nitneee By OGa BxecalyuCLv® Dlrectoi AB nfl AS T MM POW GRD ADMUM: Gttomoy -10-