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HomeMy WebLinkAbout1970-06-02 206-X ORDERIntroduced by Councilor Orountas, Jule22206-R 19]0 _pp CITY OF BANGOR (TITLE) VllrZtCrI Approving Proposed Contract for. sate of Lend in the Stillwater Park Urban Renewal Project - Parcel No 91 By the My Cowman of the City ofBanpor: ORDERED. THAT WHEREAS, the Urban Renewal Authority of the City of Bangor proposes to enter into a contract for the sale Of parcel numbered 91 in the Stillwater Park Urban Removal Project with Vauqhn L. and Patricia S. Hersey , and WHEREAS, the said Vauchn L. & Patricia S. Hersey has offered to pay the am of One Thousand, Seven Hundred Dollars ($1.700.00) for said parcel said price being the minimum approved price for said parcel as established by the Urban Renewal Authority and approved by the Department of Causing and urban Development; and WHEREAS under the provisions of Chapter 168 of the Private aM Special Laws of Maine, 1957, as amended, City Council approval of all contracts for the sale of land within the project area is required; and WHEREAS, the Urban Renewal Autharit has filed a copy of the H�rsey proposed contract with Vaughn L & Patricia S. in the office of the City Clerk; NOW, THEREFORE, BE IT ORDERED: THAN the proposed contract on file with the City Clerk be and is hereby approved. 206-x 1970 YEN A Px 2: 56 oxnea CITY CLERK'S OFFICE .Atte 6P}4.4i. W^d.iq.e Myateu.P? k. 4@ .... IN CITY COUNCIL .lune 22, 1970 .P2F401 Nod. il........................ PASS® a iclearc Introduced eed filed by Cowcilman Revised April 16, 2969 CCB'PPACT FOR BALE OP LAND (OPFRB ARD ACCfPTANCS) STILLwAT88 PARK PRMCf PROdRCT NO. M8. R-4 Care June 17, 1970 aR : Urban Reneeal Authority of Na City of Bangor ("Belle['•) city Mail Bangor, Maine OPFIR: 1. Vaughn L. and Patricia S. Hersey herein called "Buyer," offers to buy, subject to the team set forth herein, the following described (end: Lot numbered 91 as shorn, on Plea of land entitled "Stillwater Park Project, Bangor, Penobscot County, Maine, Urban Reoomal Authority of the City of Banger, Project Me. R-4" misting of nine (9) pages and rugirded In Penobscot Registry of Banda in Plan Book 24 , pages_I t0 9 , inclusive. 2. Buyer will pal One Thousand. Seven Hun9red and 00 /lOpCollars ($ 1,700.) for said land in cash within one hundred and twenty (120) days after Neacceptance Of this offer by Beller. The Authority way grant additional tim upon written request it= the Buyer. 3. Conveyance of said land shall be made by warranty Deed, subject to ell comments of record, the Declaration of Restrictions for Stillwater Park Project, Bangor, Maine, R-4, which vas recorded in Volume 2113, Page 385 of Penobscot Registry of Node, and to those conditions set forth hereinafter to which Puyer expressly agrees. (a) (£) The Buyer herein commanded by and for himself, his hers, executors, administrators and designs add all Paramus claiming under or through them, that Buyer and such heirs, executors, administrators and "signs end all person claiming ceder or through them shall: (1) Devote the Property to and only to and in accordance with cte used specified in the Declaration of Restrictions add as it my be after m- amendM from time c0 time; (2) But discriminate upon the basis of race, color, creed AT national origin In On sale, lease or rental At in the we m Occupancy of the Property or any Improvauatt erected At to be erected thereon, or any Parc thereof. (11) It Is intended and agreed that the agreements am comments Provided in this section shall be covenants tumin with the land aha that they shell, in any event, cod without regard to technical classification or dasigm- ties, legal or otherwise, sod except only as specifically provided in this Agree - next, be, to the fullest extent permitted by law and equity, binding for the benefit ted in favor of, sod enforceable by, Seller, its successors and assigns, the City of Banner, any successor in Interest to the Buyer of the Property, ted the ower of Goy other land (or ofeany interest in such lend) in the project Area which is subject to the land use requirements and restrictions of the Be- Claretion Of astrictions, and the United States (to the Case of the covenant provided In subdivision (2) of subsection (I) hereof) against to Buyer, his euccoeore end assigns, to At of the Property Or Any interest therein, and any Party in Possession or occupancy, of as Property. Ic to further intended and agreed that the egteameset aha covenant provided in clause (1) (1) shall remix in effect until January 22, 2021, end during the tots of any aMension thereof, (at which tiro such agremerne and cow want shall tam{mte), aha those provided in clause (1) (2) shall feria in effect without lisltacfous as to tire: Provided,tat such agrementa and eovemMs $lull be binding on Buyer himelf, each successor in interest or Design, ted each party in possession m Occupancy. respectively, Only for such Period as he shall have title to at as interest In or possession Or occupeay, of the Property. (Iii) In amplification, cod not in restriction, of the provisions Of the preceding subeatlon, it 1e intended am agreed that Seller and City of Bangor shall be daem¢d a beneficiary of the agreements and covemna provided in subsection (I) of this section both for and in its car right end also for the PnrasGO of protecting the Interests of the carunity sed the Other parties, Public or private, In whose favor or for whose benefit such Agreements and cove- ante have been provided. Such agrearnts sod covenants shall run in favor of Seller And City of Bangor for the entire period during which egremeurs And -2- covenants shall be in farce and effect, without regard to whether Seller and City of gender Me at any ties been, rematm, or to an Owner of any land or Interest therein to, or 1r favor of which such agremamts end commute relate. Beller and/or City of Sang" shell have the right, to the event of any breach of any such egremenb or resonant, to exercise all the rights and margins and to maintain gay actions at law or suite to equity or ocher proper proceedings to enforce the curing of such breach of agroment or cavemnq to which it Or ay other beneficiaries of Both agreerat or cosecant my be entitled. (b) TO sugarcoat ane (and not we* than me) Standard dwelling house (single fmlly) upon the land which will met the minima requicarote as set by City of Bangor ordinances and the Declaration of gestr ction3, Congregation Yat start within elm (6) months of the date taw Dead is recorded In tha Buyer's mac, and eeMPletion est be aceeuplished within twelve (12) Martha of data of coerming conetrmtion, flaws for said dwelling game will be subject to re - vi" by Seller prior to conveyance of the land, Within aLmty (90) days of the date of the acceptance of the offer by Seller, Buyer agrees to cutch casettes - tion Alam for approval by Sall", sed evidence satisfactory to the Seller of Buyer's ability to firma the construction of the proposed lepromwets. (c) (1) In the event that price to coepletian of the Improveesente m certified by Seller: (1) Buyer (or success" in interest) emit default to or violate his obligations with respect to the construction of the lmprmernts (Including the mince and the dates for the beginning and empletion thereof), or shall abandon or substantially euepand construction work, and any such default or violation, hbandoomut nuc suspension shall mot be cured, ended at rmadied within three (3) months (six (6) matte if the default is with respect to the date for cmplatim of the loprovernts) after written domed by the Seller so to do, or (2) note is, in violation of this daremsat, Buy transfer of the property or any charge in ownership of the Property, and such violation shall not be cured within thirty (30) dos after written dmnd by the Seller to Buyer: then Seller shall have the right to m -enter and taut possession of the property and to manicure (and tweet to the Seller) the estate rumored by the -3- Yartmty Bead to the Buyer, it being the Intent that the cooveyama of the frsfar- ty to the Buyer shell be nada upon a condition subsequent to the offset that in the event of any default, failure, violation or other action or location by the Buyer specified in clauses (1) add (y) of this subeectim (i), faulure an the part of the Buyer to reaedy, sad or abreast* each default, failure, violation at other action or inaction within the period and. in the mower stated to said clauses, Seller at its option my doctors a termination in favor of the Seller of the title, and of all the rights and interest in the property conveyed by the Nerranty Deed to the Buyer cod that such title and all rights and interest of the Buyer and any assigns or successors in interest is the Property shall revert to the Sellar: Provided, that such condition subsequent and say revesting of title as A result thereof in Seller shell always be subject to and limited by, and abell not defeat, tender invalid or limit in way way (1) the lien of any mortgage authorised by this Agrement add executed for the sole purpose of obtaining faces to construct the lmptnvemeata, and (f) any rights or interest provided in this Agreement for the protection of the holders of such mortgage*. (it) Seller shall base the right to institute such nations or prmeedinga as it my dem desirable far effectuating the purposes of this Morita (c), including also the right to execute and recard or file with the Penobscot registry of Beads, a writton declaration of the toralnatlon of all rights and title of Buyer and his Documents in Internet and designs in no property, atd the revesting of title thereto in the Sell"; Provided, that any delay by the Seiler in instituting or proeccuting any such cottons or proceedings or otherwise assert- ing its rights under this sectiea shall not operate as a waiver of such rights or to deprive it of or limp such rights in any way (it being the intent of this pro- vision that Seller should not be constrained so as to avoid as risk of being de- prived of or limited to the exertion of the rowdy provided In this Section (c) because of concepts of waiver, lathes or otherwise) to exercise such reaudy at a aims when it my still hope otherwise to resolve the problems created by the de- fault involved, not shell any wives to fact area by Sellar with inspect to any specific default by Buyer under this section (c) be cuts leered or treated as e waiver of the rights of Beller with respect to any other defaults by Buyer under this section or with confect to the particular default accept to the extent apa- cifically valved. A (d) no Buyer represents and agrees that his purchase of the propert; end hie other undertakings guraeant to this 4mmeeeC are and mill M used for tP.- purpose of re0e olopment of the property end not for speculation in laud holding. no Buyer further recognizes Chat the qualifications and Identity of the Buyer are of particular comers to the community and the Seller. The Buyer further recognizes that it is because of such qualifications and Identity that the Seller is catering 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 fait%fui perfarmance Of all undertakings and covenants hereby by him to be performed without relatrin In addition any surety band or similar undertaking. per the foregoing reasons, the Buyer represents and agrees for himself eat any erccemor in interest that emept rely by way of security far and only for the purpose of obtaining financing necessary to amble the Buyer or successor in interest to perform his Obligations with respect to making the Improvements under this Agreement, the Buyer (except as so authorized) hoe net ROSS or created and that he will not, prior to the pro- per completion of the improvements as certified by the Seller, make ur crusta at suffer to M made or created any total or partial sale, maigmmnt, conveyance or lease or any trust or power or transfer in my other area Or form of or with respect to Chia Agremmeat or the property or my interest therein re any contreat or agremem to do say of the same Without prior written approval of the Beller. The Seller shall be entitled to require as Conditions to any such approval that: (1) Soy proposed transferee shall hive the gmlifloatisns and financial responsibility, as determined by she Seller, necessary and adequate to fulfill the obligations undertaken in this Warrant by the Buyer; (it) Thera las boon submitted to the Seller for review, and the Beller hoe approved, all lumveleuts and otMT legal doc mente"involved in effec- ting transfer; (III) The consideration payable for the transfer by the transfexee Or an his behelf shall not second an smamt representing the actual teat (inclu- ding carrying chargee) to the Buyer of the property and the Improvements, if any, theretofore Cede thereon by him; It Ming the intent ns this ptwfeiom to Ste. elude assignment of this Agreement or transfer of the property for profit prior to rho completion of the improvements and to provide that in theevent any arch acsigmeat or transfer is made (and is not Cancelled), the Seller shall be sntitiad to Increase the pmeMm price to the Buyer of the property provided in Section e. -5- of this hereabout by the amount that the consideration payable for the sselgam n or transfer is in access of the mount conceited in this paragraph, and such consideration Shell, to the extent it is IS ex0ee6 of the amount so authorized, belong end be Said to the Seller. (iv) The Buyer and his transferee shell comply with sun other cow iticne as the Seller may find desirable in order to achieve and anfeguard the purposes of Chapter 166 of the Private and Spatial Law of Maim, 1951, as amended, and the Declaration of Beetrictione as It may be amended, and the Federal Housing Act of 1949, as seconded: Provided that in the absence of spe- cific mitten agreemnt by the Seller to the "artery, be such transfer or ap- proval by the Seller thereof shall be deemed to rellwe the Buyer or any other party bound in any way by this Agreement or otherwise with respect to the con- struction of the Dsprovemmts fret any of his obligations with reaped thereto. (e) Nom of the provisions of this Agreement ate intended to or shall be mrged by reason of any Dead transferring title to the property fret the Seller to the Buyer or sty success" in interest, sed any such Deed shall not be denied to affect or impair the provisions and eoveoants of this Agreement. (£) For the purposes of any of the provisions of thin Agreement, miner the Seller a" the Buyer, as the rose my be, net any successor 1n later. set, shall be considered in breach of or default in its obligations with respect to the preparation of the Property for redevelopment, or the beginning and am- pletim of construction of the Daproverenro, or progress with respect thereto, in the went of delay inno performance of such obligations due to unforeseeable causes beyond his control and without his fault or negligence, including, but not restricted to, acts of Gad or of the public enemy, acts of the Governance, nets of the ocher party, fleas, floods, apidmics, quarantine restrictions, strikes, freight e164r90ee and unmually Basuto matter or delays of subcontractors due to such causes: It being the purpose and intent of this provision net in the went of the occurrence of any such delay, the tire or time for performance of the Obligations of the Seller with respect to the preparation of the property for redevelopment or of the Buyer win respect to comtruction of the fmyawemnG, the no case my be, shall be extended for the period of the delay; prided, that the party soaking the benefit of the provisions of this section shell, within sixty (60) days after the beginning of any such delay bass first notified the -6- Meier party thereof In witLag, and Of the coma OR "WOO thereof sed rdQmetOd an extension for the parlod of the delay. (g) Prior to the conviction Of the lwrOvenauca by'she Buyer, neithm the Buyer nor any fuctemdr to Interest w the Property shalt eOfAgs in any ftmv- elm or any other trammtim creating any mamme or other menstruate or item upon Its Property, whether by soprano agreezvot Or Oparatim of len, m *off= any eacusbrame or lien to be adds an Or attach to the Property, except, and rely to the =test necessary, for the purpose of obtaining EMIS for mhlng the Ioprme meats. It to further mrsed that the Buyer (or successor In incorrect stall notify the Better in advance of my sentence ftmmalm he prosmea to cater into with suspect to the Property and in any avant that he sell pr=Ftty notify the Seller of my membranes or mien that has been created on or attached to the Property, shorter by veluatazy est of the Buyer m catenated. (h) gosrlrtaundiae any of the prwialom of thin Agtetmat, including but est eLedted to chem represetting covemato issuing with the lard, the holder of any obligation authorized by this Attendant (imludivg my each Cellae shO ob- raLee title to the property an a "suit of foreclosure proceedings Or maLm in Ilea thereof, but not lmluding (1) any other party mho thereafter obtains title to the property from dr thtmgb cash holder Or (f) my other PmrOlmOOr at Beta' closure sale other than the holder Of the obligation itself) omit in an Nice be obligated by the prwlelow of this Agraameae to construct Or complete the lmgrme- mats or to gmrmtm each construction Or conpletton; nor stall soy resumes Or any other provision In the Bond be construed to no Obligate such holden Prevtded, that setting In this auction or svy Other auction Or Prwletan Of this Agreement stall be deeded or mmtrued to Basalt Or sutharlro any man holder w donate the property or a" part tWcmf to any mea, or to construct any Lsvrmemnte thsrOm, *that than these veva or Lapzoserents provided or dustocired In the Declaration of Restrictions, ordiumcm of the City of Barger, and thin mroment. d. No sooner, official Or esployte of the Seller stall lave avy p02eom1 interest, direct or dndirect. in this Agremont, not omit a" such murder. Of- ficial or employee participate In a" dmlaton reletIm to this Agremedt stick effects his peramml interests *r the interests of any corporation, partnership or association in which he la, directly or Indirectly, interested. NO neffirt, official or edptcyee of the Seller emit be personally liable to no Buyer Br any -y. since"or to Interest In the event of any default or breach by the Seller or for my anew[ shicb my became due to the Buyer or successor or on an obligations older the carne of this Aggressor. S. Marc sad Spatial "easeeenta, If any, dee Can or before the closing &ata shall be paid by Seller. 6. Buyer berselth ransaw Eighty-five and ----- 00/100 gatiare 0a 5 0 0 ) ufdeh sum is at least five percent (5%) a[ the offered purchase Pyles no excuser coast to become a part of the percent o6 the purchase price of tha Ided upon acceptance of this offer by Seller. thin e® shall be Mid by Senn and If this offer is not accepted, It shall be returned to Buyer, oiehaut interest. It shall be retained by the Sellar for rePauvae"ot as liqutdated dmatee to partially offset eagerness Progress by the Seller for Legal advertising, tttle search, internal authority aAninistrative "[Cote or otherwise if the Buyer fails to wePlate the purchase of said land vithfo the time specified in Paragraph 2 herein. y. This offer is binding opens Buyer If accepted by Sell" within sixty (60) days and "Mot be wlt6drevm during this time. If not accepted by Seller vithin sixty (60) days, it is automatically cancelled and expires, In shies case the earnest army shall be proceptty released to Buyer, pittance interest. B. Closing of purchase Shall Isla pf"e net mora then was bundred treaty (120) says, or as otherwise specified In paragraph 2 hereof, Eras date of except. =as of this offer by Seller; ass verification to Buyer thereof by returning to Buyer one (1) "Cult" ropy of this offer to the address Indicated below. She 1"d shall be conveyed to the Buyer by a varrmmty Beed an dote of closing. 9. 148 Seller my or the Buyer shall promptly file the Beed for recordation in the Membrane Registry of Mods at Such", Being. The Buyer shall pay all coats (Including the cast Of "y real agrees trawler tar am an Bred, for ehieb aeons in the proper amount shall be affixed to the Read by the Boy") far so reg"ding the Beed. 10. PYamp[ly after completing of the Ivero merats In accordance ulth this Agreement, the Seller x111 fumAh the Buyer sits an appropriate tostmasg[ 6o certifying. Me certification by the Seller shall be (and it shall be to provided in she Bard and In the certification itself) a amelwive determination of Sells• faction sed Instigation of the conemems in she Agreement and the heed udth respect SL to the ebilgatione of the Inner and his hairs and aselg:'r to construct the lewtova- Monte sod the dates for the begiming and completion thtmof. "a eartificettea Shall be to Such fees as will stable it to be recorded, If the galley shall To. Sees Of fall to provide the certification, the Seller shall, within 7" a'< v (i,"1 dap after written request by the Buyer, promide the Buyer with a written scateo♦ot tudica[tng In adequate detail hew the Buyer has failed to etmplato the IMprwomnts to conformity with the Urbau Renewal Plan or this Sgraememt, Of is otherwise in default, and whet Measures or acts it will W necessary, to the opinion of the Beller, for the Buyer to take or parfon in order to obtain the certification. 11. the word "Buyer" in this agreement shall be emutrue.' to scam both the Plural and sinSular Ober. in any gondar, Sued to pen mot Only the petty thereby designated, but also his, Bee or chair respective heirs, assigns, executers, ad. Mintstratorm or Successors in Innocent, or, to the event that any such party to a corporation, its or their eucceesoat or aptgne.- witness ./ wit ass In City Council Bete Buyer l Buyti Secreta % Pelephom Council Boder NO. A True Copy, Sttea4 City Clerk _q_ ACC£^yxm co above offer in accepted thlo day of . 19 , and srcordtngly oanetltuteo a bindlas contract for sale of land between gayer sod Seller. Wienaea Sy chaise a BNocucfva Director AP£d09gg AS W 18631. y01p1 ANP Ag9yJ ; Axeorecy .10.