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
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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
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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
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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
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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
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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
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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
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