HomeMy WebLinkAbout1970-07-13 247-X ORDER297-%
Introduced by Councilor 6aldacci, duly 13, 1970
/p CITY OF BANGOR
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(TITLE.) rbtrr...... Approving Proposed Cogract far. gala of Land the Stillwater
Park Urban Renewal Project Parcel No IR
BY the MY C"meil of the City of Beeper;
ORDERED,
THAT WHEREAS, the Urban Renewal Authority of the City of !angor proposes
to enter into a contract for the sale of parcel cambered 18
in the Stillwater Park Urban Renewal Project with Arlington W. Booker
, and
WHEREAS, the said Arlington W. Booker
has offered to Pay the am of One Thousand Five Hundred Dollars ($1,500.00)
for said parcel said price being the minimm approved price for said "real
as established by the Urban Senegal Authority and approved by the De"r"ent of
Housing and Urban Development; and
WHEREAS under the praviaions of Chapter L60 of the Private and
Special Laws of Maine, 1957, as aeeoded. City Council approval of all contracts
for the sale of land within the project area is required; est
WHEREAS, the Urban Renewal Authority has filed a copy of the
proposed contract with Arlington W. Booker in the office of the City Clark:
NOW, THEREFORE, BE IT DEDBRED:
THAT the proposed contract on file with the City Clerk be sed
is hereby approved.
247-x
nr-GEIVED
1970 JUL -9 Iw 2: 32 o a a c x
CITY CLERK'S OFFICE xaue
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IN C1COUNCIL
aAW IJ.3, 1970 ..44Sv?b wo.: @.......................
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9 Introduced aM filed by
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lcounxlilmm
C�TRACP BUR BAeg
Revised April
16,
150
UPLAND
(DPP2E AND ACCEPTT.NCB)
ST111YATER PAS PR=CT
PRUJRCT NO. M. R-6
Date 611W2
TO: Urban Samuel Authority of the
City of Bangor ("Se11er")
City Ball
Deeper, below
UPPER:
1. " n�ep'.
herein called "Bayerffe[ to buy, subject to the tate eat forth becalm, the
following described laud:
let numbered as shorn an Plan of LM entitled
"Btlllvamc Park Pra)aet, gas pr, Penobscot County, Maine,
Urban Removal Authority of the City of target, Project Me. R-4"
Desisting Of nine (9) pages and cocovded to pavement Registry
of Beads to Plan Boon( _AA _ , Pape {�'9 ��, inclusive.
!/? / (a -'F
2. Buyer will Pay ?Av/ /[rG4✓M✓ 9�'cc Bolters
0&24 — ) far said land in cash within u hundred and twenty (12U) days after
the acceptance of this offer by Seller. The Authority may grant additional time
Upon written request Ecom the Boyar.
3. Conveyance of said land shall be made by Actuary Seed, subject to all
cements of record, the Declantiot of Reetrictiens far Stillwater Park Project,
Sector, thine, R-6, which aye recorded in volume 2113, page 385 of Penobscot
Registry of Cowie, and to theme conditions set forth hereinafter to which Buyer
expressly agrees.
(A) (f) The Buyer herein revenants by and for bimeelf, his heirs,
executors, administrators and assigns and all Persona claiming under or through
than, that Buyer and each bears, associate, administrators and "signs am all
Person claislug under or through cum shall:
(I) Devote the Property to and only to and in accordance
with the Owes.specified in the Declatetion of bstriatiooa and as it my he here-
after accused flown blue to time)
(2) But diacrimimta upon the basis of race, color, creed
Or national origin in the Bala, lease or rental or in the use or Occupancy of
the Property or any Improvements aerated or to he erected chateau, or any part
thereof.
(ti) It is intended and agreed that the agreements and casemate
provided in this section shall be casements running with the land and that they
shall. to any event, am without regard to technical classification or deeigm-
tion, legal or otherwise, and except only as specifically provided in this Agree-
ment, be, to the fullest extent permitted by law and equity, binding for the
benefit and in favor of, and enforceable by. Seller, its successors and assigns,
the City of Bangor, any successor in Internet to the Buyer of the Property, and
the Amer of any ether lead (or oftamy interest is each land) in the Project
Area which is Subject to the land use requirements and restrictions of the Bo-
claratlon Of Restrictions, and the United States (in the case of the covemoot
provided in subdivision (2) of subsection (L) hereof) agaiast the Buyer, his
successors sad aneigas, is 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 agremmeat am cruement provided in clause (1) (1) shall remain
to effect until January 22, M22, am during the term of any extension thereof,
(at which time such agreement and covenant shall terminate), and these provided
in clause (1) (2) shall remain in effect without limitations as to time:
Provided that Such agreements and covenants shall be binding an Buyer himself,
each successor in interest or assign. and such party in possession or Occupancy,
respectively, only for such wind as he shall have title to or an Interest in
or possession or Occupancy of the Property.
(iii) In emp Lification, and not in reetrfrtiun. of the prov Gime
of the preceding subsection, it is 1nteMed and agreed that Seller wad City of
Bronner shall be deemed a beneficiary of the agreements aM covenants provided in
subsection (1) of this seetien both for and in Its Own right and also for the
purposes of protecting the Interests of the comity and the other parties,
public or private, in Mme favor or for above benefit such agreements and cove -
mare have been provided. Such agreements am cayemmts shall rum in favor of
Seller and City of Bangor for the entire period during which agreements and
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covemvts shell be in force am offset, without eegnrd to whether Beller and
City Of Bangor has at any time ben, reunion, n Is an ower of my loud or
Interest therein to, or in favor of which each egraeaeoW &ad eesensnts twists.
Seller and/" City of Danger shall have the right, is the count of any breach
Of any verb agreement or cwement, to exercine all the rights and rowdies and
to Maintaire any actions at law w Suits in equity or other proper proceedings
to eeferce the curing of such breach of agreement or resonant, to which it or
any other beneficiaries of such agreement n cesement my be entitled.
(b) To construct ow (and net ante than me) standard dwlllag house
(single foully) upon the land whish Will wet the mend—no requirement 90 tet by
City of Banger ordinances and the Declaration of geetrictions. Construction
meet start Within six (6) scrubs of the date the Bead is recorded to the Buyer's
and completion east be accomplished within revive (12) myths of date Of
c®ening construction. Me= for said duelling house Will be subject to re-
view by Seller prior to conveyance of the lured, Within ninety (SO) days of the
date of the acceptance of Me offer by Seller, Boyar agrees to submit construe -
tion plow for approval by Beller, and evidence satisfactory to the Seller of
Buyer's ability to finance the construction of the proposed Improvements.
(c) (1) in the went that price to completion of the Improvements
as certified by Seller;
(1) Buyer (or successor in interest) shall default in or
violets his obligations with respect to the construction of the Iwrwemate
(including the nature and Me date& for the beginning and completion thereof),
or shall abandon w substantially euspead construction work, and any such default
or violation, abandonment or suspatelon shall set be cured, ended or remedied
within three (3) month (OU (6) monthe if the default is with respect to Me
date for ceWlaticn of the levresaments) after written demand by the Seller so
to do, or
(2) Theta to, is violation of this 6gveament, any transfer
of the Property or any Merge in Ownership of the Property, and such violstloo
shall net be cured within thirty (30) days after writtea exceed by the Seller to
Buyer; then Seller shall have the right to re-enter and take possession of the
Property and to terminate (end revert to the Seller) the estate conveyed by the
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8$rranty hard to the Buyer, it being the Intent that the eOnweyaMe Of the Proper-
ty to the Buyer shell be made upon a condition subsequent to the effect that in
the wept of any default, failure, violation or other action or inaction by the
Buyer specified in classes (1) and (2) of this subsection (a). Isolate an the pert
of the Buyer to remedy, and or abrogate much default, failure, violation Or other
action or location within the period and in the aeanar stated to said claumes,
Senor at its Option my declare a termination in favor of the Sailer Of the
title, and of all the rights and interest in the Property conveyed by the Barranty
Deed to the Buyer and that such title and all rights and interest of the Buyer
and any assigns or successor$ in interest in the property shall revert to the
Beller: Provided, that such condition subsequent and any teaselled; of title e9
a result thereof in Seller shell always be subject to and limited by, and shell
not defeat, reader invalid Or lamp is at, wry (1) the Use Of any mortgage
authorised by this Agreement rad executed for the sole purpose of obtaining funds
to construct the ImproveaOats, and (2) any rights or interest provided in this
Agreement for the protection Of the holders of such onrrgages.
(ii) Seller shall have tha right to institute such actions or
proceedings as it way dawn desirable for effectuating the purposes of this section
(c), including also the right to execute and record or file with the Penobscot
Registry of Swede, a written declaration of the terdnatiaa of all rights and
title of Buyer and his suecesmore In interest and assigns to the Property, ad the
ravesting of title thereto In the Seller; Provided, that ray, delay by the Beller
in instituting of pmaecuting any each actions or proceedings or otheralae aawert-
ing its rights under this section shall Out operate as a waiver of such right$ or
to deprive it of or limit such rights in say any (St befog the intent of this pro-
vision that Seller should net be constrained $o as to avoid the risk of being dn-
prived of or limited in the eserciae of the remady provided In this section (a)
because of concepts of waiver, league; ar otherwise) to exercise such steady at a
ties when it may still hope otherwise to resolve the problem created by the de.
fault involved, net shall any waiver an fact made by Beller with respect to any
specific default by Buyer under this section (c) be considered ar treated as a
waiver of the rights of Seller with respect to any other defaults by Buyer under
this section or with respect to the particular default except to the extent spe-
tifteaily weaved.
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(d) The Buyer represents end agrees that his parcbaee of no property
and hic other uacm"Mnge personae to this Agreement are and will be used far ch^
purpose of redwelopment of the property and not for speculation in land holdiaS.
no Buyer further recogalses that the qu411ficatiom end Identity of the Buys
ase of particular tweets to the community and the Seller. The Buyer forth"
recog,ines that it Is because of such quaLificatiene and identity that the Seller
is encoring into this Agreemeat with the Buyer, and in eo doing is further willing
to accept and rely an the obligetlm of the Buyer for the faithful performance
of all undertakings and covaanats hereby by him to be performed without requiring
Im addition any surety bond or similar mdmtak{p, yea the foregoing reasons.
the Buyer reprenents end agrees for himself and soy successor in Interest that
except only by nay of security far and only for the purpeae of Obtaining financing
vaceasary to enable the Buyer or suceeeaor in lntereet to perform his obligations
with respect to asking the improvements under this Agreement, the Buyer (except
on so authorised) Me not rode or created and that he viii mat, price to the pro-
per campl8tioa Of the Improvements as certified by the Seller, make or create or
Buffer to be made or created any total or partial said, ascigrmant, conveyance
or lease or any trust or power or transfer in any other undo at form of or with
respect to this Agreement or the property or any interest therein or my contract
OT agreement to do any of the worse without prior written approval of the Seller.
The Seller OM11 be entitled to require as conditions to any such approval that:
(1) Any PSOPosed transferee SMIL have the guelificetions and
financial responsibility, an determined by the Seller, necessary and adequate to
fulfill the obligations mdertaknn in tele Agreement by the Buyer;
(ii) Thera has bens aubmttted to the Seller for venire, end the
SBiler ben approved, all Instruments BOB Other legal documento involved In e£fee.
tied transfer;
(iii) Tho consideration payable for the transfer by the transferee
or on his behalf shall not wecced an sncnnt represmtim the actual test (imiu-
slug carrying charges) to the Buyer of the Property and the Improvements, if any,
theretofore nada thereon by him; it being the intent of this provision to p2e-
cluda assignment of this Agreement or transfer of the Property for profit prior
to the completion of the Improvements and to provide that to the event any Bush
assignmnt or transfer is made (nod is mat cancelled), the Seller shall be entitled
to increase the purchase price to the Buyer Of the property provided in Section 2
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of this Agreement by the Banner that the consideration payable for the aeeig bvit
or transfer It to unrest of the cancer authorised to this paragraph, and. each
consideration shall, to the target it to in "etas of the cannot no authorized,
belong and be paid to the Beller.
(iv) Rhe Buyer and his transferee shall comply with such other
conditions as the Sellar may find desirable In order to achieve and safeguard
the purposes of Chapter 168 of the Private and Spacial Leve of Moine, 1957, as
averted, end the Declaration of Bustrictioae an it may be amended, and the
Federal Housing het of 1969, as suumadad: Provided that in the absence of spe-
cific Witten electoral by the Beller to the contrary, no such trawfar or ap-
proval by the Seller thereof Shall be deemed to relieve the Buyer or any other
party bound in any way by this Agreement or otherwise with respect to the can-
strucelaa of the improvements frena any of his obligations with respect thereto.
(d) Moan of the provisions of this Agreement are intended to or Shall
be merged by redeem of any Beed transferring title to the property ft= the
Seller to the Buyer or any successor to interest, and any such geed shall not be
deecmd to affect or impoir the provisions and contracts of this Agreement.
(f) For the purposes of any of the provisions of this Agreement,
neither the Seller am the Buyer, an the case any be, our any successor in later.
est. shall be considered in breach of of default In its obligations with respect
to the preparation of the Property for redeveloryvat, of the beginning and cam-
pletlw of construction of the Baprovsravts, or progress with respect thereto,
in the sweat of delay tothe parforamence of such obligations due to unforeseeable
caused beyond his control and without his fault or negligence, Including, but not
restricted to, acts of Gad or of the public scary, acca of the Gwermueat, acts
of the other party, fires, floods, epidemics, quarantine restrictions, strikes,
freight embargao and unusually severe weather at delays of subcontractors due
to each around; it being the purpose end latest of this provision that in the
event of the occurrence of any such delay, the time or excess for Performance Of
the obligations of the Seller with respaet to the preparation of the Property for
redevelopmeat or of the Buyer with respect to construction of the Improvements,
we the case any be, shall be exceeded 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 beSlming of any etch dolay hove first notified the
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Other party thereof to writing, and of the cause or cm an thereof and raquesud
on es[maion for the Period of no delay.
(g) prior w the mOpiwtiaa of the Zopravemevto by the Buyer, neither
the Buyer a" my unsound" in taterest to the praperty shalt cuddles in any ftmn-
cLas or any other transaction creating any Smstgage or *Char mcusbrance or lion
upon the Property, whether by a prwa operands or Operation of law, or suffer any
mwmbreace or lien to be node on or attach to the property, z="t, and duty to
the eatmt necessary, for the purpose of obtaining £nada for wwhldg the Iodized
mento. It is further agrsed that She Buyer (or succemos So Internet) emit
curtly the Beller in eastern of my mortgage financing he pr*pwes to inter lot*
with redpeet to the Property and in any svmt that be Mull-pntMP[ly mtify ton
Sellar Of any encwbtamo Or Lien that has been ordered on or attached to the
property, abductor by volmtazy int Of the Buyer or otherwise.
(h) notwithstanding any of the provisions of this Agreement, Including
but int lialted to those representin casemate taming with the lad, the holder
of any-abligation authorised by this Agretwom (including my such holder a4* ob-
calae title to the preptrty, m a ten-it of foreclosure proceedings or scttog in
Jim [hereof, bet int inatedlog (1) soy other party who thereafter circles title
to the property free h tmmgh emb holder Or (2) any ocher PuStbCOm at fere-
clwuce sale other thin the balder of the Obligation itself) Shall in no visa he
obligated by the provisions of this AgramaRS to construct or COMplets its Iwptme-
mate or to gwtmtea eueh crnetruc[im as eorplotidn) met shall my advancer or
my, other precision In the Beed be mentmed to ed obligate each holden Frecided,
that nothing in this section or any other section Sr provision of this Agrecrom
shall be dunces or mnsttaed to permit or aathoriea any Much holder to devote the
Property or aq par[ thereof to any uvea, or to construct any intravenous thereon,
other than Shote was or toprovenents pravWad or authorised in the Intitution Of
Restrictions, ordinances of the City of Baaget, and this Agrdoneat.
4. go docher, off Joint Or etployee of the Seller shall Jews any personal
Internet, direct or dddirem, in this Agreemav[, int omit any such mabax, Of-
ficial or mployee participate in any dealsion relating to this Agreemew which
affects hie personal Interests or the interests of day corporation, partnership
as aseostati*n in ohich to is, directly or indirectly, tormented. no mescar,
official or deployed of the Sellar Shall be personally liable to the Buyer or any
Successor In Interest in the event of any default or brach by the Seller or for
any amount which may Crewe dm to the Buyer or successor or on aw obligations
under the bawd of this dormouse.
S. faxes and special neeeasw=s, if any, due an an before the closing date
shell be paid by Seller.
6. Buyer Mrewith teodere 45-�4 poilaw
(8 ) nieb can to at least five pa=--07t( ) of Ne offered purchase
price as cermet mosey to beems a part of the ""at of the purchase price of
Me land man accepts=* of this offer by Seller. fire em *Mil be held by
Seller and if this offer is not accepted, is shall be returned to Buyer, "there:
Interest. It shall be retained by the Seiler for reinCenwent as liquidated
deadfall to partially offset expenses incurred by no Seller for legal advertising,
title search, Interval Authority a&avistrative actions or acherviee if the Buyer
fails b camlato the purchase of said fund within the than specified in Paragraph
2 barrels.
I. fiL offer Is binding upon Buyer If accepted by Seller Within sixty (60)
days and menet be withdraw during this ties. If ort accepted by Beller within
sixty (6) daps, it is automatically cancelled fled expires, In which case the
earnest many shall M prmptly refunded to Buyer, without interest.
8. Closing of purchase ¢hall tab place not more than ons hundred twenty
(120) days, or as otherwise specified In Paragraph 2 hereof, free date of accept.
none of Chia offer by Seller; and notification to Buyer Murray by returning to
Buyer one (1) accepted copy of this offer to the address indicated below. The Land
shall be surveyed to the Buyer by a memory Med an date of closing.
9. The Seller my or the Buyer shall promptly file the peed for recordation
is the Penobscot Registry of heeds at Mngw, Maim, The Buyer shall per all
swig (including the cast of any real estate transfer tax an the Med, for thin
ecmys in the proper amore atoll be affixed to the Med by the Buyer) fon so
Intending the Brad.
10. PraopMly after conviction of Me loprevemeen in accordance with this
Agreement, the Seller will farsLh the Buyer with so appropriate imtruesent so
certifying. The certification by the Sellar shall be (and It shell be et provided
in the Beed and in the certification itself) a conclusive deterainstim of delta.
faction Sed tarminetfon of the coremnts in the Agtessent and the peed with respect
4.
co the obligatione Of the Buyer and his heirs and aaeigre to construct the hgrosa-
annia and the dater for the beginning and eompletian themed. "a certification
shall be in each form as Will stable it to be recorded, If the Seller shall res -
Sam an fail to provide the certification, the Seller shall, within
( ) days after Written romest by the Buyer, provide the Buyer
with a written statemeut iadlcetiwg in adequate detail haw the Buyer has felled
to coaglate the Improvemenee in cunformtty With the urban genenal Plan or this
qua sat, or is otharxiae In default, and what mesauree or acts it will be
summary, In the opinion at the Seller, for the Buyer to taut or perform to ardor
to obtain the certification.
11. The word '%uyea" in this annunwat shell be concerned to mean bath the
Plural and elagatAT author, in any gander, and to mean not only the party thereby
designated, but also hie, Me or Nair respective heirs, assigns - summers, ad-
aintetrators or saccesdoie in interest, or, in the event that any each patty to a
mrrPr/ation, its or their comments or ueigod..
Witnes
Witness gayer
Address
Telephone
In City Council Council Order go.
Bate
A True Copy, Attest:
City clerk
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AWS:
'the above Offer is accepted this day of g0
and accor3i 3 8 "
ag y coneri[u[ea a Dfadiv cmtvact for sale a£ land between Buses end
Seiler
(C30LP MIAN P]MEMM, AETV 43P' w
Witneea Dy
O ar
6FBcuten[Lq® I,jit¢C[0Y
"PRO= Ad M =Q. MM AND bwE(r y:
0ttomcy
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