Loading...
HomeMy WebLinkAbout1970-07-13 247-X ORDER297-% Introduced by Councilor 6aldacci, duly 13, 1970 /p CITY OF BANGOR lv/- (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 ^Pvp=:•.v rayl. F .5ale.vi.GauL.3n.54333':b495R�'6 !!?... IN C1COUNCIL aAW IJ.3, 1970 ..44Sv?b wo.: @....................... pA55EU 9 Introduced aM filed by /v\ cx cce�a 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 -2 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 -3- 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. .4. (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 -5- 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 -6. 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 -9- 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 -10-