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HomeMy WebLinkAbout1970-07-13 246-X ORDERza6-R Introduced by Councilor Baldacci, Suly 13, 1970 �gg ` CITY OF BANGOR (TITLE) (Orllfrp---AFpro f.ng Proposed Conjract, for, Sale of Land in the Stillwater Park Urban Renewal Project - Parcel No 39 By the City (buwH e(bte City of Banger: ORDEMWI THAT ITEMS, the Urban Sentinel Authority of the City of Bangor proposes to enter into a contract for the sale of parcel numbered 39 In the Stillwater Park Urban Renewal Project with Georqe H. & Elaine B. Potter ; and WNBgEAS, the said George H. & Elaine B. Potter ($1,300.00) bas offered to Pay the am ofone Thousand Three Hundred & 00/100 Dollars for said parcel saidpricebeing the minimum approved price for said parcel as established by the Urban Renewal Authority and approved by the Depertment of Housing and Urban Development; and wHEREAS under the provisions of Chapter 160 of the private and Special Larne of Mine, 1957, as ameMed, City Council approval of all contracts for the sale of land within the project area is required; and WHEREAS, the Urban Renewal AvtM1@oltttye1ae filed a copy of the proposed contract with George H & Elaine a in the office of the City Clark; NOW, THEREFORE, BE IT DHDERED: THAT the proposed contract on file with the City Clerk be mewl is hereby approved. '_CENED 1910 JUL -9 IN 2:33 CITY CLERK'S OFFICE ORDER <cY c-o;.r1<i. M614F Mtle, Sale of Land in Stillwater Pk UR ...................................... IN CITY COUNCIL July 13. 1970.Y5iG21.D9.39......................... PASSED IT Inn� o�duucced and /filed by Councilman Revised April 18, IeA CONTRACT FOR SALE OF LAW (MM AIDC ACCEPTANCR) STILLWATER PARK PROTECT PROTECT NO. M. R-0 Data 7 17e4 TO: Urban Renewal Authority of the City of Bangor ("Seller") City Bell Bangor, Maine OPBHR: � 1, GEox �c y Y ELa)nv Pte. Yc Ti�✓l hereto called "Buyer," offers to buy, subject to the nam eat forth herein, the following deocribed land: for numbered as shown on Plan of land entitled "Stlllmter Park Project, Bangor, Peaobeeot County, Malo, Urban Removal Authority of the City of Baugcr, Project W. R-4" conafering of nice (9) pages and rdcordad In Penobscot Registry of Deeds in Plan Book 24 , pagee I to 9 , tnc tnaive, 2. Buyer will Pay Looula<,1 " +z� �9° f�ae� Dollen for said land in cash within one hundred and twenty (120) days after the acceptance of this offer by Seller. The Authority may grant additional time upon written request from the Buyer. 3. Coaveyaooe of said land shall be made by 4arranty Deed, subject to all asemente of record, the Declaration of Restrictions for Stillwater Perk Project, Burger, Mabe, R-4, which was recorded in volume 2113, Page 385 of Penobscot Registry of Benda, and to these conditions not forth hereinafter to which Buyer eipreseiy agrees. (a) (£) Tha Buyer herein covenants by and for himself, his heirs, executor$, administrator$ and assigns and all persons claiming under or through them, that Buyer and such heirs, seecutore, administrators aM assigns and all persona maiming under or through tlmm shall: (1) Devote the property to and only to and in accordance with the Ones specified in the Deelatatlon of Reetrlcttons and as it my be hove - after amended from time to time; (2) Not discriminate upon the basis of race, color, creed or national origin 1s the sale, lease or rental or in the use cr occupancy of the Property or any Improvements erected or to be erected thereon, or any part thereof. (it) It is intended and agreed that t agreements sad covenants provided in this section shall be covenants running with the land and that they shall, 1s any event, and wl those regard to technical classification or deaigaa- tion, legal or otMenLe, and except only as specifically provided it this Agree - mat, be, to the fullest extent permitted by Iry and equity, binding for the benefit and in favor of, and enforceable by, Salter, its successors and assigns, the City of Bangor, any successor In interest to the Buyer of the Property, end the owner of any ether lend (or ofcany fatereat In such lend) to the Project Area which is subject to the land use requirements and restrictions of the He- cleretim of Restrictions, and the United States (in the case of the covenant provided in subdivision (2) of subsection (1) hereof) against the Buyer, his successors and 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 and cove sent provided to clause (1) (1) shell remain in effect until January 22, 2022, and during the tam of any extension thereof, (at which time such agreement and taverner pull terminate), and those provided in clause (1) (2) shall renin in effect without limitations as to time: Provided, that such agreements and covenants shell be binding on Buyer himself, each successor in interest or assign, and each patty In possession or occupancy, respectively, only for such period as he albeit have title to or an interest in or possession or occupancy of the Property, (tit) In amplification, and not to restriction, of the provisions of the preceding subsection, it is intended end agreed that Seller and City of Hangar shall be deemed a bens ficiary of the agreements and covemats provided is subsection (i) of this section both for and in Its own right and also for the purposes of protecting the interests of the community and the other parties, Public or private, to whose favor or for whose benefit such agreements and cove menta have been provided. Such agreements aM customers shall run in favor of Beller end City of Bangor for the entire period during which agreements and -2 covenants stall be in force and effect, sithwc reganl to wh bler Seller add City of Bangor has at any time band, remise, or to m Owner of my Iowa cr interest therein to, or in favor of which such agreements and covenann rulers. Feller and/or City of Baugw shell have the right, in the event of eq breech of any such agreement or cosecant. to exercise all the rights and remedies and to maintain any actions at len or suite in equity or other proper pronusdlugs to solutes the curing of such breach of agraavent or eovemot, to which it or any other beneficiaries of such agra®nt n compact my be entitled. (b) TO construct see (and out mom than one) standard dwelling hone (Biagio family) upon the lend which will met the minmmna requfremneS as Got by City of Senate ordinances and the Bndlaration of Bestrietitn. Comtruetion mat start within e1% (6) emths of the date the geed is recorded in the Buyer's news, and cCaVIWicn must be aecmrplished within twelve (12) menthe of date of commencing construction. Plan for said dwelling house will be subject to re- view by Seller prior to conveyance of the lend. Within ninety (90) days of the date of the acceptance of the offer by Seller, Buyer &areas to same concrete - ties plans for approval by Seller, and evidence satisfactory is the Seller of Buyer's ability to finance the construction of the proposed loprwemnts. (c) (1) In the avant that yet" to completion of the Imp[wmance as certified by Seller: (1) Buyer (or successor in interest) shall default is or violate his obligation with respect to the construction of the Imprwmties (including the nature and the "tee for the beginning and cmyletlon thewmQ, Or Shall abandon or substantially suspend construction want, and any such default or violation, bbandummat or suspension shall set he cured, ended Or resealed within three (3) months (six (6) maths if the default Is with respect to the date for completion Of the Imprwmentej after Witten second by the Feller s to do, or (2) There to, in violation Of this Agreement, any transfer of the property or any change in mmerahip of the Property, and such violation shall not be cured within thirty (30) days after Witten demand by the Seller to Buyer; then Seller shall have the right to re-enter and take possession of the Property and to revenuers (and revert to the Seller) the estate conveyed by the .3. Parvanty Beed to she Buyer, SC being the Intent that the cauvayance of the framer^ ty to the Buyer shall be rode upon a conation subsequent to the effect that in the event of day default, failure, violating na other action or treating, by the Buyer specified in clauses (1) and (2) of this submatirn (i), feature an the part Of the Buyer to tomndy, end or abrogate such default, failure, violating or other actton or inaction within the peeled add. in the motor stated lg said elected, Seller at its Potion my declare a terffioetion 1g, favor of the Seller of the title, and of all the rights and interest io the property conveyed by the Warranty Beed to the Buyer and that curb title and all rights and IaCareat of the Buyer and any ageism or successors in Satareat to the Property shell revert to the Seller; Provided, that such condition subsequent and any C"Outin of title as a result thereof in Seller suit always be subject to and limited by, and $bell not defeat, render invalid or limit in any may (1) the lien of coy message authorized by this Aare ens and areceted for the ogle purpose of obtaining foots to cotstx=t the Improvements, and (2) any rights of interest ptovided in this ASx5ro nt for the protection of to holders of such mrcgegea. (i1) &list Bull have the right to Institute such actions or proceedings as it nay dem desirable far effectuating the purposes of this Battier (c), Including also to right to execute and record or fila with the Penobscot Registry of Banda, a writtea declaration of the tetainatiro of all rights and title of Burger and Lie successare la interest and assists to the Property, and the revesting of title cureto in the Beller; n ovided, that any delay by the Seller In Instituting or prosecuting any much actions or proceedings or otherwise "Soft- ing its rights under this section Bull not operate as a waiver of such rights or to deprive it of or limit such riShte In any Buy (it being the intent of this Pro- vision that Seller ahmla not he constrained so as to avoid the risk of belol de- prived of or lialtei in the exercise of the restudy provided in this Section (c) became of concepts of waiver, Incus of Otherwise) to exercise each speedy at e time when it my still hope othernfae to react" no problems created by the de- fault involved, ver shell any "Lvov to fact Bade by Seller with respect to any specific default by Rayer under this section (e) be corxidered or treated as a waiver of the rights of Seller with respect to any other default& by Buyer under this Section nr with respect to the particulai default Bazaar to the extent spe- cifically waived. -4. (d) The Buyer represents zed agrees that his purchase of the Property and his ether undertakings pursuant to Chid Agrearme are and will be used for the purpose of redevelopment of the Property and not. for speculation to land holding. The Buyer further recogatees that the gmlificatiom and identity of the Buyer are of particular concern to the community and the Seller. The Buyer further TOCOV4209 that it Is because of such qualificatices and identity that the Seiler is entering Into this Agreement with the Buyer, and in ea doing is further willing to accept and rely on the obligation of the Buyer for the faithful performance of all undertakings and eovements hereby by him to be performed without requiring In addition airy surety bond or similar uodmtahing. Por the foregoing reasons, the Buyer represents sad agrees fes himself sed any amneSSOr in interest that except only by way of security fat and only for the purpose of Obtaining financing necessary to enable the Buyer or successor in laterest to pexform his obligations with respect to makieS the improvements under this Agreement, the Buyer (except as So authorized) has not made or created Rod that he will meq prior to the pre - Por completion of the improvements as certified by the Sellar, oaks or create or suffer to be made or created ant total or Partial sale, assignment, conveyance Or lease or any cruet or power or trmefet in any other mode or form Of or with respect to this Agreement m the Property or my forecast shovels or any contract ox agreement to do any of rhe Rome without prior writtea approval of the Sailer. The Seller shall be entitled to require as conditfom to a" such approval that: (1) My proposed transferee shell have the qualifications and financial responsibility, ea determined by rhe Beller, necessary and adequate to fulfill the Obligations undertaken to this Agreement by the Buyer; (it) There has been submitted to the Seller for review, and the Seller ban approved, all LOAMO Mtn and ether legal iocumanto involved in effec- ting trsusfar. (Iii) The comldexatim payable for the transfer by the trmsferen ON an his behalf shall not exceed an sonnet rapresentig the actual coat (Inclu- ding carrying chargee) to the Buyer of as Property and the Imprwerante, if any, theretofore aide thereon by him; it being the intent of this provision to pre- clude eaaigoment of this Agreement or transfer of the Property for profit prior to the completion of the improvements and to provide that in the asset a" each assignment or transfer is made (and is not cancelled), the Seller shall be entitled to increase the purchase price to the Buyer of the Property provided in Sectlm 2 -5- of this ABvessenc by the amount that the consldeeetiaa payable for the asnigmenx or teenager to in excase of the [mount authorised in this paragraph, and such consideration shall, to the extent it to in access of the cannot no avthorfaad, belong and be paid to the Ballet. (iv) The Buyer and his ttamfetea shall cemply with Such other conditions as the Ballet my find deoirablo in Order to achieve and safeguard the purposes of Mapter to of the private and Spatial use Of Naim, 1957, as amended, and the leelaration Of asetrictione as it may he amended, and the Federal pausing Act of 1969, as amended: Provided that in the absence of Opo- cific written agreement by the Sellor to the contrary, no such transfer or ap- proval by the Beller thereof shall be deemed to relieve the Buyer or any other Party bound in any nay by this Agreement or otherwise with respect to the con- struction, of the Improvements. free any of his obligations with respect thereto. (a) nate of the provisions of thin Agreement are Mtended to or shall be merged by Tosam of any Beed transferring title to the property free the Beller to the Buyer or any successor in interest, and any such Beed shall not he downed to affect or impair the provisions and coieoants of this agreement. (f) For the purposes of any of the provisions of this Agreement, neither the Seller not no Buyer, as the case my be, net any successor in inter - est, shall be eooeidared in branch of or defeat In its obligations with respect to the preparation of the Property far redevelopment, of the beginning and com- pletton of construction Of the Improvements, or "ogress with respect thereto, to the event Of delay to the performance of such obligations due to unforeseeable causes beyond his coatral and without his fault or nagligeme, including, but not restricted to, acts Of and or of the public assay, acts of the Goveremenc, acts Of the other party, Lives, floods, epidemics, quarantine restrictions, Strikes, freight embergoes and unusually severe weather or delays of subcontractors due to such causes; it being the purpose and intent of this provision that in the event of The =entrance of any such delay, the tire or time far performance Of the obligations of the Beller with respect to the preparation of the property for redevelopment Or Of the BVyet with respect to construction of the Improvements, as no case my be, shall be extended for the period of The delay; Provided, that the party seeking the benefit of the provisions of this section shall, within sixty (0) days after the begiwleg of any such delay have first notified the -6- game party reactor in melting, and of the tauw or cornea thereof and regeatad an extension for the patted of the delay. (S) pedm to the coapietlon of the fvermoventn by the Bupar, calther the Buyer nor any successor In incomes Co she property shall engtge In any £laea- etM or any orb" transaction steering any wtegege or other mcunlsaacs m lien upon the property, whether by exprsas Cleverness or operation of Lm, or $offer any "resultants or Lim to be node on or attach to chic property, except, and Only to the access necessary, for the purpose of obtaining fvude for whing she laprow- mate. It is further agreed that the Buys[ (or $=Caesar in interest) shalt notify the Seller in ad ante of any xnstdage fiem0.m be proposes on inter into wish respect to the Property and to any asset that he omit Y pr®ptly easily tis Sober of any emmSrance or live that has been counted an or attached to the Property, whether by voluntary not of the Buyer nr Otherwise. (h) Notwithstanding any of the provisions of this Alrvemnt, including but Out lLmieed to those representing governors causing with the land, the holders of any obligation mthor1md by this Astronaut (Sncleding any such holder abs ab - taint title to the property as a result of foreclosure prmediaga or action in lieu closest, but Out ivoluding (1) my other party ala thereafter acting title to the property frac dr through each holder or (I) my other purchaser at free - closure sale other than rise holder of the ebligetion itself) omit in an visa be obilgated by the provisions of this Agreement to construct at cmplete the lmprove. mute or m guarantee such cmeermtion or cmpletione nor shall flay segment or any other p:z ivim in the Beed be cautioned to so cbli/ate such holder: preeldim, that vsthlns In this auction or any other section or provision of this Agreavent omit be deemed or construed to trends or authorize any such holder to devote the property or any part thereof to any was, or to construct my lapaovowats theism, ache[ turn those seas or lspxoaemenre prOcided or mutharized in the Bnclrvatim of lemtrictione, "diseases of the city of Bangor, and thin Astronaut. A, no causes, official or mpioyab of the Seiler shall have any tereoei interest, direct or Indirect. in this Alternate, no[ shall any such mmbor, Of- ficial or enploym participate in any decision ealatieg to this Agreement Mdrb affects his personal interests as the interests of any mrperacion, partnership or association in Mich he is, directly or Indirectly, interested. no meabsr, official Or emloyee of the Seller omit be generally liable to the gayer nor any •1. ,successor in Interest to the event of any default or breach by the Seller or far MY danger which my become due to the Buyer or eucceaeor or an any obligations ander the Wage of this egreeaant. S. Tares and special d000sememts, if day, due an or before the closing data obeli be paid by Seller. r 6. Buyer hareaith leaders 5/X7-4 - Falz2'--7,o pollna (d ('oo ) Which cum is at tenet five percent (n) of the offered purchase Price An termor marry to became a pert of the psydmnt of an purchase price of the land upon acceptance of this offer by Seller. This am Shall be held by Seiler and If thin offer to not accepted, It shall bo returned to Buyer, without Interest. It shall be received by the Seller for reimbursement as liquidated sandhog to partially offset expenses incurred by the Seller for legal advertising, title Agora, Internal Authority admtnlatrative Actions or urberulee if the Buyer falls to couplets the purchase of Said land Within the time specified in paragraph 2 herein. 1. This offer to binding opal Buyer it accayead by Seller within slaty (60) days ago camot be vlthdrawn during this ties. If get accepted by Beller withls glary (60) days, it is Automatically cancelled and expires, to which case the earnest money shall be pragtly selvaged to Buyer, mlthout interest. S. Closing of purchase shall Cala place not more then oda hundred twenty (120) days, or as otherwise specified in Perao^raph 2 hereof, from date of accept - ems of this offer by Seller; rod nocificatlm to Buyer thereof by returning to Buyer one (1) accepted Copy of this offer to the address ludicaced boles. The Land shall be conveyed to the Buyer by a Varranty Dead an data of closing. 9. The Seller my or the Buyer shell promptly file the Deed for recordation in the PenWscot Registry of Breda at Seneca, Plains. The Buyer gull pay all coats (including the east of any real estate transfer tar on at Deed, for which StagS in the proper amount AMIL W afflaed to the Dred by the Bayer) for so racmding the Coed, to. Promptly after completion of the toproveesats in accordance via this Agreement, the Seller will fuenieh as Buyer with on appropriate imtudaeut go certifying. fbe cerc£ficatlon by the Seiler shall be (and it Shall be so provided in the Deed and in the nrtificatlon ibeif) a eoncluive datermiestles of salis- factim and termtnatlon of the covenento in the Agreeesat and the ;bed with respect .a. tO tM obligetione of the Buyer and his heirs end assign to construct the Pmpnmvrm- cents and the daces for the beginning and completion thereof. The Certification shall be in each form as will enable it to be recorded, if the Seller shall to - fare at fail to provide the certificatisa, the Seller shell, "thio 7klnrY f3GD days after written request by the Buyer, provide the Buyer with a written statement indicating in adequate detail has the Buyer hoe failed to Complete the Improvvoan:e to conformity with the Urban Baumaal Plan be this Agreement, or Is Otkernlne in default, and what measures Or acts it will be ancessary, to the opinion Of the Salter, for the Buyer to tab or perform in order to obtain the certification. 11. The word 'Buyer" in this agreement shall be convince to mase both the Plural and singular nusbet, in any leader, and to masa not only the party thereby designated, but also his bar on Choir respective heirs, assizes, etecuters, ad- mtaiotrators or success"" in interest, On, in the event that any each party is a corporation, its or their ewceeaare or assign.. witness Bayer ^ , - suer Bg ,Caa Bic a suer dadraae Telephone in city Council Council Order No. tate —� A True Coyy, Attest: City Clerk -S- AW PTAVa: The above offer to accepted thia day of lg end mevrdivgiy cmetitmea a binding contract for eafle of lead between Buges ev3 Seller. ;LPIlLJ S ff SSNE.:�AL APIXMS , W T@3 OSTY W SAtiME tSitvaea SP cnaixi_ —•�• BaemCirE MYQ[LOY APPS = Ad TO LPG.L* rom AND AOH(f'NCY: Actoxncy -30-