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HomeMy WebLinkAbout1970-04-13 127-X ORDER13]-x Introduced by Councilor Mooney, Apr. 13, 1970 _p' CITY OF BANGOR (TITLE.) (Drftrp... Approving Proposed Conlract far_ sale of Land In the Stillwater Urban Renewal Project Parcel No 183 BY the MIY Conseil ofthe City ofBanese: ORDRRMv THAT WHEREAS, the Urban Renewed Authority of the City of Sevier proposes to enter Into a contract for the sale of parcel numbered 183 in the Stillwater Park Urban Reassert Project with Edward R. & Teresa Y. Hopkins , and WHEREAS, the said Edward R. & Teresa Y. Hopkins has offered to pay the a= of Eight Hundred 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 188 of the private AM Special Laws of gains, 1957, as amended, City Council approval of all contracts for the sale of land within the project area is required; and WHEREAS, the Urban Renewal Authority has filed a copy of the Hopkins proposed contract wlthEdward R & Teresa Y in the office of the City Clerk; NOW, THEREFORE, BE IT CRDERE0: THAT the proposed contract on file with the City Clerk be and is hereby approved. 127—% iv 570 p?? -9 F"L2 _ ORDER �1c x+a.. IN CITY CO[MCIL April 13, 1970 PMSM . Sele. p£.Iaa3.ia.Sa3}}pp�g;,ea�x.me.. PazCel NO. 183 ...................................... Iv4odopd a��—aRpppYtl�,, B by •.. ,spy e...1{�yY— , Revised April 16, 1963 CORTRACT FOR SALE OF UPS (OPPRR ARO ACCIPfANCBJ STILI.WATER PAR[ PWZCf PROJECT M. M. R-4 Sete Namh 9, 1970 TO: Urban Renewal Authority of the City of Mug" ("Sellar") City Bell goner, Maine OpPBR: 1• Teresa Y Ho ki ns t na herein celled "Buyer," offers to buy, subject to the terms get forth herein, the fell owing described land: Let nauseated 1e3 as @home on plan of Land entitled "Stillwater Park Project, Bangor, Penobscot County, Maine, Urban Renewal Authority of the City of Be"=, Project Me. R -4 -- consisting of nice (9) pages and recorded is Penobscot Registry of Deed& in Plan Book 24 , pages 1 to 9 , inclusive. 2. Buyer will pay _ Eiohf x,mdred Dollars 0 BOC -00 ) for said lend in cash within one hundred and twenty (120) days after the a reptant of this offer by Seller. The Authority may great additional time upon written re9ueet from the Buyer. 3. Conveyance of said lend shall be made by Warranty COM, subject to all easements of record, the Declaration of Restrictions for Stillwater Perk Project, Danger. Maine, R-4, which was recorded is Volume 2113, page 385 of Penobscot Registry of Deeds, and to those conditions met forth hereinafter to which Buyer ewpresely agrees. (s) (1) The Buyer herein cavaments by and for himself, hie heirs, nomenttre, edministratOrs and assigns and all persona claiming under or through them, that Buyer and such heirs, executers, administrators and assigns end all persoru claiming under or through them shall: (1) Devote the Property to and Only to and in accords=* with the uses specified is the Declaration Of Restrictions and as It may be here- after amended from ties to than; (2) dot discriminate 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 granted or to be erected thereon, or any part thereof. (ii) It is intended and agreed that the agreements and Coveeente provided is this section shall be covensnts running with the land and that they shall, to any event, and without teased to technical classification or designs - tarn, legal or otherwise, and except Only as specifically provided in this Apes - Oscar, be, to the fullest extant percolated by law and equity, binding for the benefit and is 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 the owner of any ether land (Or of_any interest In each land) in the Project Area which is subject to the land use requirsmants sod restrictions of the N. claratlw of Restrictions, and the Baited States (in the case of the ewemot provided in subdivision (2) of subsection (i) hereof) against the Buyer, his succeeaors and assigns, to or Of the Property or any Interest therein, and any Party in possession or Occupancy of Na Property. It is further intended and agreed that the agreement and caresser provided in clause (1) (1) shall remain in effect until January 22, 2022, and during the term of say extension thereof, (at which ties such &Stamm and covenant shall tatminate), and those provided in clause (1) (2) shall remain In affect without limitations as to tim: prwided, that Such agreements and covenants shall he binding on Buyer hlnself, each successor to interest or assign, And each party in possession or occupancy, rmPectively, only for such period as he Shall have title to Or an interest in Or possession or Occupancy of the Property. (111) I0 amplification, sad not in reatrfeFion, of the provisions of the preceding subsection, it is intended and agreed that Seller and City of Bangor shall be deemed a beneficiary of the agreements and covenants provided in subsection (1) of this section both for and 1[ its wn right and also far the purposes of protecting the interests of the community and the other parties, public Or private, in whose favor an for whose benefit swab agaemanto and coma [amts have been prwided. Such agremente and nowansnts shall can in favor of Beller sod City of Bangor for the entire period during which agreemnts and -2- covenants shall be in force and offset, Without regard to whether Seller and City of ganger has at any time been, remind, or to an otnur of my lend of interest therein to, or in favor of Which Such agreements end cove manta relate. Seller and/or City of anger Shall have the right, in the event of say breach Of any Both agreeadnt or covenant, to exercise all the rights and remedies and to nlntain my actions at law or suite to equity or other proper proceedings to enforce the curitg of such breach of agreement or cevemeet, to which it or aN other beneficiaries of emu agreement or caveman may be entitled. (b) TO construct me (and not mere than Ove) Standard dwelling home (single family) upon the land Which will mat the allotment requirements ad oat by City Of ganger Ordinances and the CarlaratiOn Of geeKlctions. Co ntrmtinc met start within six (6) menthe of the date the geed is conceded in she Buyer's nems, sad eOmpletfoa must be aeeaalpllshed within twelve (12) deaths of data of c®Bncing construction. Place for Said dwelling house will be subject to to - view by Seller prim to conveyance of the land. Within ninety (90) days of the date of the acceptance of the offer by Seller, Super agree@ t0 submit reactors. tion Plane for approval by Seller, end evidence satisfactory to the Seller Of Buyer's ability to finance the construction of the reposed Improvements. (c) (i) In the event that prior to eampletiov of the Improvements am certified by Seller: (1) Buyer (Or successor in interest) shall default in ea violate his obligations With respect to the construction of the Improvevmnts (including the nature and the date@ for the beginning and crepletion thereof), or shall abeMon or substantially suspend construction Work, and any such default or violation, bbanduomeat or suspension Shall met be cured, ended or testified within three (3) months (six (6) mamba if the de?auit is With respect to the date for completion of the Improvements) after written demand by the Seller so to do, of (2) There is, in violation of this Agrement, a" transfer Of the Property or any chaege in ownership Of the Property, and such violation shall not be cured Within thirty (30) days after Written deduced by the Seller to Buyer; then Seller shall have the right to re -eater wad take possession of the Property and to terminate (and revert to the Seller) the estate conveyed by the .3- warranty Bead to Me Buyer, it Ming the intent that the Conveyance of Me Proper- ty to the Buyer shell be male upon a condition stimulator to the effect that in Che "eat of any default, failure, violation " other action or inaction by the Buyer specified in choose (1) ani (f) of this subsection (1), faulare an the part of Me Buyer to enemy, and or abrogate each default, failure, violation or "her action re inaction within the period a" it the meaner stated is said choses, Beller or Its option my declare a Inculcation in favor of the Seller of the title, and of all the rights Beal interest In the Property conveyed by the Warranty Beed to the Buyer and that much title and all rights and interest of the Buyer sod sty assigns or auccenecrs in interest in the Property shall "vert to the Seller: Prided, that such condition subsequent and any Cremating of title as a memoir thereof in Seller shall always be subject to and Ilmodd bye aid shall not defeat, Cruise invalid or limit in a" may (1) the lieu of any mortgage authorised by this Agreement am mounted for the mole purpose of obtaining fuuat to construct Me haprovemnts, and (g) any rights or interest provided in thio Agreement for the protoetlon of the holders of such mortgagee. (£t) Seller shall have the right Co Institute ouch "time er proceedings as it say dem desirable fee effectuating the purposes of this section (c), including also the right Co execute and record or file with the Penobscot Registry of Deeds, a written declarative of Me termination of all rights and title of Buyer and his sacceecore in Internet Mm amaigns in Me Property, and the revesting of title thereto In Me Sall"{ Provided, that any delay by the Seller in instituting or prom"uting any such actions or proceedings or otherwise asserc- iagits rights under this section obell not operate as a salver of ouch rights or to deprive It of or 1halt such rights in Bey my (it being the intent of this pro- vision that Seller should not be constrained so as to avoid Me fish of befog de- prived of or limited in the exercise of the remedy provided in this section (c) because of concepts of salver, lecher or oche"See) to exercise ouch ramdy at a ties than it may still hope otherwise to resolve the problems created by the de- fault Involved, nor Mall a" waiver in face rade by Sellar with Compact to any specific default by Buyer under Mie section (c) be considered or treated as a waiver of the rights of Sellar with respect to any other defaults by Buyer uader this section or with respect to the particular default except Co the extent ape- ciffically salved. A. (d) The Buyer represents and agrees that his purchase of the property aha his other uMertakigge pursuant to this Agreeueat are aha will be used for the purpose of redevelopment of no property and at for ostentation In 14M holding. The Buyer further recognised that the qualifications and identity of the Buyer ase of "tricolor connate to the community and the Beller. no Boyer further rmoSaixea that it 1e because of each qualifications end identity that the Seller In entering Into this Agreement with the Buyer, and in so doing is further willing to accept and rely on the obligation of the Buyer for the faithful performance of all undertaking and covenants barely by him to be performed without raquiMgq In addition nay agency bond or similar uMeatakin. for the foregoing reeoons, the Super rupreaeats and agrees tot blemelf and was successor is Internet that eacept only by ay of security fat and only for the perpme of Obtaining financing aceseacy to, enable the Buyer or sucteaeur in letereec to petfoa big obligations with respect to making the Improvements wader thie Agreemnt, the Buyer (except as do authorised) has not made or created wall that he will met, prior to the pro- per completion of the Improvements ea certified by the Seller, make Or create or suffer to be ado or created any total m partial sale, aaigrmanc, Oonveyaoce or lease or any trust or power or transfer in any other over or form of or with respect to this Agreement at the property or any interest therein or any contract or agreement to do any Of no grow without prior Witten aMraval of the Seiler. Sha Seller shall be entitled to require as conditions to any such approval that: (I) My proposed transferee shell have the qualifications aha financial responeibility, as determined by the Seller, necessary aha adequate to fulfill the wbligetione undertaken to this Agreement by the Bayer; (li) There has been outwitted to the Seller .for review, and the Seller has approved, all Instruments and other legal documents involved in offer• ting transfer; (iii) The consideration payable for the transfer by the traefeeea mer on his behalf shall not ranged an smoant representing the actual coat (tuclu- ding carrying chargee) to the Buyer of the property aha the improvements, if any, theretofore nada thereon by his; 1e being the intent of this provision to pre. clude assignment of this Agreement or transfer of the Property fee profit prior to the completion of the lmprovements and to provide teat in the asset any each assignment or transfer is made (and is not cancelled), the Seller shall be entitled to tncre6a8 the purchase price to the Boyar of the feoparty provided in $Bottom 2 -5- of this Agreement by the amount that the consideration payable for the asalggeca5 or transfer Is in agenda of the tAatat authorirad in Chia paragraph, and such consideration emit, to the estaC it in in excess of the amber so anthoriaea, belong and be paid to the Seller. (iv) no Buyer and his transferee shall comply with so& p ide conditions as the Seller may find draftable in order to achieve ath safeguard the purposes of Chapter 193 of the Private and Spatial Lowe of Raine, 1951, as mmended, dud the Declaration of Restrictions as it may be seemed, am the Federal Housing Act of 1969, as seemed: Provided, Chat in the absence of spe- cific written agreement by the Seller to the contrary, eo such transfer or ap- proval by the Seller thereof ahall be darned to ratings the Buyer or eery other party bath in any way by this AgremM¢t or otherwise with respect to the coa- $reaction of the Improvements from any of his obligations with respect thereto. (e) Hone of the provisions of this Agreement are intended to or shell be merged by tangos of any head transferring title to the property from the Seller to the Buyer or any suceaeeor In interest, and any each head shell not be gamed to affect or Ampule the provisions am covenants of this Agreement. (f) For the purposea of any of the provisions of this Agreement, neither the Seller nor the Buyer, as the case may be, act shy successor in inter- est, Mall be considered in branch of or default In Its obliBatims with respect to the preparation of the Property for redevalopent, of the begioning end am - plating of construction of the LSVrovaasnte, or progress with respect thereto, In the event of delay to Ne performance of such obligations due to unforeseeable causes beyond his control and without his fault or negligence, including, but not restricted to, acts of Cad or of the public rangy, acts of the Gweawent, acts of the other party, fires, floods, epidemics, quarantine restriction, strikes, freight embargoes and unusually Severe weather or delays of vubcontra¢tors due to such causes; it being the Vesicae am intent of this provision that in the event of the occurrence of any such delay, the time or timer for performance of the obligations of the Seller with respect to the preparation of the Property fon redevelopment or of the Buyer with respect to construction of the Impiooemnte, as the case my be, shall be extended for the. Period of the delay; Provided, that the parry seeking the benefit of the provisions of this section shall, within sixty (60) days after the beginning of any such delay have first notified the -d- other party thereof In pitfoa, end of the tecta or *sate thereof and repueeted ane extantion for Us petted of the relay. (g) prim to the Antoinette Of no ygroveoaete by no Coyer, Antibes the Guyer am any addresses in Internet to the PeoPorty &belt engage in any flood- of" As a" other tranaction treating any Rortaage At *Cher "contents or lien upon the Proparty, ,mother by etptaos Agreement or operation of Lw, of $u£fm any Andrade or Lion to be made *o or attach to the Property, mmPt, cad only to the extent atemoesy, for the purpose of obtaining focus for Robing the Ivrovc menta. It is further ape" that the Buyer (ar successor is interest) *Rall notify the Beller in advance of any maetgege Mantles he Proposae to aocef Into wish respect to the Property end in any treat that he mali'paanytly notify the Beller of Any anti®brame *r If= net bad been created m or attached to the Property, whether by voluntary act of the Buim of mWestien. (h) ttoteltbetneding any of the pemisims of thle Ascendant, ineludiog but dot limned to tides reprematieg covenants coming with the Lane, the holder a my Obligation anchoeited by this Agtraccnt (including any such bolder Am ob- tains title to the property as a result of forecimure proceedings or action In lieu thereof, but not including (1) any other pasty who thereafter obtains title to the property face ane through Auto holder or (f) any other purchaser At fare- closure tale other than no Wider of the dbligatim itself) ohell in no mise be Obligated by no provisions of this Stormont to c*a tart a covplete the IKlVrove- cents nt to guarantee such eonstrection *r mpletion; net shall any covenant or door once provision in the used be Construed to an oblipte *alb holden Prmldmt that tithing in this section or any ether section At pro iefon of thin Sarcastic *hell be Armed of construed to pewit or authorize any such holder to devote the property or any pare thereof to ray sea, or to commem my ipr*voven g thereon, other than shote coca or Lpr*mweeto penciled As authorized In the pxlaration of Restrictions, ordinances of the City of Wrote, add this Agreement. A, no m®bac, official As mployee of the Seller cbali base any personal interest, direct As Indirect, iI this Afrodemot, ser mail any such ember, of- ficial or wplaim participate In Any decision relating to this Agreccont when affects his peremnal Intetmto ec aha interests of any cooperation, partnarabip At association in which be it, directly ar indirectly, Interested. No mcnsvr official or espleyee of the Seller shall ba personally liable to the Buyer or ary -y. Oetceraor In Interest In the Oscar of any default or breach by the Seller or flax say mast which my become due to the Buyer or aucaeseor or an day obligations under the tams of this dgraermt. S. Saxes and epactal Ssess manta, if any, due as or before the closing dan shall ba paid by Seller. 6. Buyer herewith tandere f�Rollers (8 40.00 ) Wtich One le at least five percent (5S) Of the offered "Olhaee price no coconut menu to bassoon a Part of the paymant of tha yurebeee price of the stns WOO acceptance of this offer by Sellar. Tale ewe $bell be held by Seiler and if this Offer Is not occurred, it shell be returned to Buyer, without Interest. It Shall be retained by the Seller for verafuesmant as liquidated damages to P4rttaliy offset exponoe$ incurred by the Sellar for legal advartiaing, title assert, interest Authority adulastrative actions or otherwise if the Buyer fall$ to canals" the purchase of said land within the rim specified in Paragraph 2 herein. y. Ills offer is bindita upon Buyer If accepted by Seller within sixty (60) days and mean ba wi[hdrewa during this tire. if nut accepted by Beller within sixty (60) days, it is autocratically evmelled and esplres, in which case the earnest acnes shall be proaptly reassess to Buyer, without interest. a. Closing of purchase Shall tete place not mors thee ace hundred Mary (120) days, ov as otherwise opacified to Parear4ph 2 hereof, from date at aecspt- area Of this offer by Salter; and notification to Buyer thereof by returning to Buyer one (1) accepted copy of thin offer to the address indicated below. no fend shall bu concerns to she gayer by a warranty Orad on date of closing. 9. The Sellar my or the Burr shall prarptly file the Mad for recardation in the Pemb000t. Registry of Beetle at pence, intoe. The Buyer abell any all coots (including the case of say real estate treeafer car on the Mad, far which stream in the PCOPer Sooner shall be arflaad to the Owed by the Sayer) fm as recording the Geed. 10. Marptly after canpletim of the Tmprwemnts in accordance with this Agreumee2, the Seller will furnish the Buyer With an appropriate testament so certifying. The certification by the Seller shall be (and It shall be as provided in the Deed and in the ceettfic®tion itself) a seclusion detSemleation of satin. faction Ord termination of the covaoaaee in the agreament and the No with Trapeze •a- to the ablfgat ions of. the Buyer and his gotta and swig '• r.cotatruct too ftpra':a- a*a Cx gad the aside for the begiming add coepletlm Instant. The certification shall be in such fors as will enable it to be recorded. if the Seller shall re- fute or fall to provide the certification, the Seller shall, within ( ) dope after written request by the Buyer, provide the Buyer with a written statement indtcetiag in edegmte detail hod the Buyer has failed to complete the Improwveeote in conformity with the Urban Benmal Flan w this Agroovent, or it otbetwlse in default, and wbat measures or act$ 1C will bat monastery, in the opinion of the gallas, far the Buyer to tab or pectora to order to obtain the certification. 11. The word "Buyer" in this agreement Shell be tweetreed to mean bath the plural and singular number, In any gander, end to mean not only the party thereby designated, but also hie, her or their respective haled, designs, agcutors, ad- ministretote or succeesore in interest, w, in the want that any such party is a corporation, its or their successors of aasigne.' C Nitneei �� Buyer Buyer ---T .amu:. /... G.,..-: aeacaaa Telephone In city Council Council Order go. Date ♦ True Copy, Attests -9. dE: The eba offer is accepted ale day of 69 a D1uA1 dud accordinly Commutes 1 ug contract far sale of land between Buyer sad Beller. (Oma.) RABAW RENEW, AUTHORM a m an w Bd= Witeeee By ODairoaa B»scutLva Director "PROM a DO IROGl. yd&1 Gd0 AOEMM: Gctornay -lo-