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HomeMy WebLinkAbout1970-06-02 207-X ORDER30]-% Introduced by Councilor Brountan, June 33, 1970 //pp CITY OF BANGOR W (TITLE.) rbBrp- Approving Proposed Contract for. Sale of Land in the Stillwater Park Urban Renewal Project Parcel No 185 BY the City Causal of W City of Beeper. ORDERED, THAT WHEREAS, the Urban Renewal Authority of the City of Bangor proposes to enter into a contract for the sale of parcel numbered 185 In the Stillwater Park Urban Renewal Project with Alan G. and Bonnie J. 'hompeon and WNEAEAS, the said Alan G & Ronnie J Thompson has offered to pay the am of Eight Hundred and 00/100 Dollars ($800.00). for said parcel , said price being the minimm 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 168 of the Private and Special Laws of Heine, 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 Auttf&�M filed a copy of the proposed contract with Alan G & Bonnie J in the office of the City Clark; NOW, THEREFORE, BE IT ORDERED: THAT the proposed contract on file with the City Clerk be and to hereby approved. 207-x P'-C=''.VED 1970 JUN18 FM 2=56 ORDER CITY CLERK'S OFFICE v Vliyr 'liae. ..tillwater Pazk VR IN CI'M COUNCIL Tena 22, 1970 ..e3ii a 7.N9..les ...................... PASSED Inn dwell filed by i cLER1I . .... Cowcilpw Revised April 16, 1SG3 CONTRACT POR SALg OP LARD+ (OFFISH AND ACCITTANCB) STILLNATRR PASS PROJRCT PROJBCT SO. MR. H•4 Rate May 20, 1970 TO: Urban Hammel Authority Of the City of Bangor ("Sellar") city Hall Bangor, Maine OPFSR: I. Alan G. & Bonne J. Thompson herein called 'Buyer," offers to buy, subject to the term set forth herein, the following described lend: Lot numbered 185 as shown on Plan of Land entitled "Stillwater Park Project, Bangor, Penobscot County, Naim, Urban Removal Authority of the City of Bangor, project Re. R-4" consisting of. ties (9) Pages am viemded is Penobscot Registry of Reade in Plan Book 24 , pages I to 9 , inclusive. 2. Buyer will pay EightHundredand-----------00(lo0go11els {9 800.00) for said Land to 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. Conveyance of said land oball be made by Warranty Deed, subject to all casemate of natural the Declaration of Restrictions for Stillwater Park Project, Bangor, Reim, R-4, which was recorded in Volume 2113, page 385 of Penobscot Registry of Reeds, and to three conditions eat forth hereinafter to Mich Buyer expressly agrees, (a) (i) The Buyer herein covenants by and for himself, his heirs, amcutoxs, administrators and maigr and all parents claiming under on through than, that Buyel and curb heirs, executors, administrators and assigns and all persona claiming under or through them shall: (1) Devote the Property to and only to and to accordance with the uses specified in the Declaration of Restrictions and as it may be lots. after amended from time to time; (2) Not discraNtaN upon the basis of race, color, creed eta national origin in the gale, ltase or rental or in the use m occupancy of the Property or any IOprevemeate everted or to be elected thereto, or any pare thereof. (11) It is intended and agreed that the agreements and covenants provided In this Scott= shall be covenants cunning with the land and chat they shall, In any event, and without regard to technical classification or desigta- tion, legal or otherwise, and except only as specifically provided In this Agree - mot, be, to the fullest extant "twitted by leu and aqulty, binding for the benefit and in favor of, and enforceable by, Salter, its successors sed assign;, the City Of Bangor, any successor in interest to the Buyer of the Property, and the Amer Of any other land (or *its" interest in such lend) in the Project Area which is subject to the land use requirements and restrictions of Na N- cUrOtim of Restrictions, and the United States (in the case of the covenant provided in subdivision(2) of subsection (1) hereof) against the Buyer, his succeneore 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 agreeaant and covenant provided in clause (1) (1) shall remain In effect until January 22, 2822, and during the tan 0£ any excessive thereof, (at which rim such agreement and covenant aM11 Inculcate), and those provided in clause (1) (2) shall teres in effect without liNtatlocs as to tim: Provided, that such agreements and crescents shall be handing on Buyer himself, each successor in interest or assigo, and each party in poeeessim or occupancy, respectively, Only for such period as he shall have title to eta an interest In or possession at occupancy of the Property. (cal) In amplification, avd not in restrictive, 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 covemante provided in eubaectinn (1) of this section both for and in Ito new right and also for the purposes of protecting the interests of the community and the other parties, Public er private, in whose favor or for xhoea benefit much agmernts and cove. waste have been provided. Such alleemnb am constants shall nae in favor of Seller and City of Doug" for the entire period during which agreements and -2- covenants shell be in force and effect, without "Brad to whether Seller and City of Banger has at any Clem have, realm, or is an caner of any land as Interest therein to, of is favor of Mich Such agreements end covermts rotors. Seller end/or City of Baoaor shall have the right, to the event of any breach Of any such agreement or movement, to exercise all the rights and ascetics and to Maintain any Actions at law or sults is equity or other proper proceedings to enforce the curing of such breach of agreanest or assessor, to which it or are ether bmeficievies of each egteament er sweetest my be entitled. (b) To construct one (and not Mare than one) standard dwelling hoagie (single faulty) upon the land M1eh will meet the mieim , xaqultameetS am eat by City of Bang" ordlmmes and the pecterarion of Uscvictions. Construction swat start within sir (6) swathe of the data the BeN is arrested in the Serve's name, and adaptation met be accomplished within twelve (12) marks of data of commencing conetrmtion. Plans for said dwelling house will be subject to to - vice by Seller prior to conveyance of the land, within ninety (y0) days of the date of the acceptance of the offer by Seller, Buyer agrees to suhmit construc- tion plea for approval by Seller, and evidence satisfactory to the Seller of Buyer's ability to finance the construction of the proposed improvements. (c) (I) In the event that prior to completion of the lmprssemmnce as certified by Beller: (1) Buyer (or successor in interest) shell default in or violate him obligations with respect to the construction of the Imxwermeto (Including the nature and the dates for the beginning and completion theracf), or shall abandon or substantially suspend construction vork, and any such default or violation, abandonment of suspension shall Out he muted, ended or rebated within three (3) months (sir (6) maths if the default is with respect to the data for mempletim of the Iopraxomente) after written amend by the Seller so to do, or (I) Ihmre is, it violation of this Agreement, any traveler of the Property or any change in ownership of the Property, to such violation shelf not be cured within thirty (30) days after written demand by the Seiler to Buyer; then Seller shall have the right to re-enter and take possession of the Property and to terminate (and revert to the Beller) the estate conveyed by the -3. Warranty Geed to the Buyer, it being the intent Gut the conveya"e of no proper- ty to the Buyer shall be ®de open a Condition 003eguaAt to we effete chat In the event of any default, failure, violating or other action or Locution by the Buyer specified In clauses (1) and (2) of this subsection (1), feature on the part of the Buyer to needy, end or abrogate $an default, failure, violation or other action or Location within the period and, in the because stated In acid circuses, Seller at its option may declare a termination in favor of the Sall" of the title, and of all the rights and interest In Che property conveyed by the Warranty Dead to the Buyer and that snub title and all rights and interest of the Buyer and any assigns at ovecesaova in interest in the property shall covert to the Seller: Prided. that such condition subsequent and any r"sodas of title as a result thereof in Seller shall always be subject to bad limited by, and Shall not defeat, tender invalid or limit In a" soy (I) the Sion of any murtSage authorised by this Agro tent and executed for the sole purpose of obtaining Lunda to couateuet no IVPLOVananeB, and (2) any rights or interest provided in this Agreement for the protection of the holders of such m"tgagea. (it) Sellar shell have tho right to institute such actions or proceedings as it say deem desirable for effectuating the purposes of this section (c), Louluding also the right to execute and toward or file win the Penobscot Registry of goods, a written declaration of Ne termination of all rights and title of Buyer and his successors in interest and assigns in no property, and the recasting of title thereto in the Seller: Pr"idsd, that any delay by the Seller in Instituting or prosecuting any each outlets or proceedings or otherwise aaeert- ing its rights under this section shall not operate as a waiver of scab rights on to deprive it of or limit such rights in any soy (it being the intent of this PYO - vision that Seller sold not be constrained eco as to avoid the risk of being de- prived of or limited in the exercise of the r®aLy provided to this section (w) because of concepts of waiver, laches or otherwise) to Wervise each remedy at a time when it say still hope otherwise to r000lve the problems created by the de- fault involved, a" shall any wive, in fact rode by Seller with respect to any specific default by Buyer cedar this section (c) be considered or created as a waiver of the rights of Seller with respect to any other defaults by Buyer eager this section or with respect to the particular default except to the extent spe- cifically solved. -4- (d) no Buyer represents and agrees that his purchase of the property and hie other undertakings pursuant to this P.gge meat are and mill he used for Thv pvrpom of redevelopment of the property and But for speculation In land holding. no Buyer further recognises that the quallrlcatiow and identity of the Buyer are of particular centers to the comity and the Seller. The Buyer further escognions that It is because of each gwbificatiew and identity that the Beller is entering into this Agreement with the Buyer, and in so doing Is further willing to accept and rely an the abligatlon of the Buyer for the faithful perfamsace Of all undertakings and emaciate hereby by Met to be performed Without reguirinq in addition any surety bond or similar undertaking. for the foregoing resonant the Buyer represents and agrees for himself and any successor in interest that except only by my of security for and Only for the purpose of obtaining financing necessary to unable the Buyer or successor in Interest to perform his Obligations With respect to making the Improvements under this Apostate, the Byer (except as So euthorieed) has not made ar created red Chat he will nor, prior to the pro- per co0platim of the Improvements as Certified by the Seller, make or create or $offer to be made or created any total er partial sale, eerigrgent, conveyances or lwse or any trust or power or transfer in my other mode or fora of or mitb respect to this Agreamnt at the property er my interest therein to my contract ac Warrant to do say of the sem vithout prier Written approval of the Seller. The Seller Abell be entitled to require as conditions to any such approval that! (i) My proposed transferee shall have the gwli£lestioos and financial responsibility, ea deteraiwd by On Seller, necessary and adequate to fulfill the obligations undertaken in at$ Agreement by the Buyer; (ii) There Ma bean submitted to the Beller .for roviaw, and the Seller bas approved, all iwtuumants and other legal documents involved in offet- it" transfer; (III) She consideration payable for tha transfer by &.e transferee or on his behalf shall not exceed an sauna rapreeeati�, the actual cost (iwlu- ding carrying charges) to the Baer of the Property and the Improvements, if any, theretofore made thereon by him; It being the intens of this provision to pro- clude Assigwnat of this Agreement or crew for of the property for profit prior to the completion of the lmprovemoute and to prmide that to the "eat any such assigntrant or transfer is made (Md is not cancelled), the Seller shall be entitled to increase the purchase price to the Buyer Of the property provided in Section 2 -5- of this Agraemant by the arrant that the consideration payable for the ue36aee::2 or transfer is in owners of the emstat authorized in this paragraph, and. such consideration shall, to the extent it to in emcesa of the amount so authorized, belong and be paid to the Seller. (tv) The Buyer end his translates shall costly with sun other conditions as no Seller may find desirable in ontler to athlete am safeguard the purposes of Chapter IQ of no Private sod Spacial Use of Mine, 1957, as awarded, and the Declaration of geetxiatione as it nay be seemed, and the Fedoral Housing act of 1949, as awarded: Provided that to the absence of spa- cifit written agreement by the Seller to the contrary, no such transfer or ap- proval by the Seller thereof shall be deemed to relieve the Buyer or any orb= party boom in any way by this harassment or otherwise with respect to the can- struction of the improvements it= any of his obligations with respect thereto. (a) None of the provisions of this Agreemeat are intended to or shall be merged by reason of any Peed transferring title to the property from the Sellar to the Buyer or any successor in interest, and any such Dem shall Out be dewed to affect or impair the provisions am covenants of this Agreement. (f) For the purposes of any of the provisions of this Agreewaet, ncithev the Seller nor the Buyar, as the case may be, car any successor in Inter. eat, shall be considered In branch of or default in its obligations with respect to the preparation of the Property for redeveiopueot, or the beginning and nom- pletion of construction of the laptoverents, or progress with respect thereto, in the event of delay In no performance of such obligations due to aafoxeseeable causes beyond his control am without his fault or negligence, including, but not restricted to, acts of Gm or of the public seamy, acts of the Goverment, uta Of the other party, fleas, items, epidemics, quarantine, restrictions, strikes, freight eabargoes and mentally severe weather or delays of subcontractors due to each causes: it being the purpose am intent of this provision that in the event of no occurrence Of any such delay, the time or limn for parformewe of the obligations of the Seiler win respect to the preparation of the Property for redevelopment or of the Buyer with respect to construction of the Improveveeate, as no case may be, shall be extended for the Perim of the delay; Providedthat the party seeking the benefit of the provisions of this Scott= shall, within sixty (6D) days after the beginning of any such delay have first notified the -6. Cats[ party thereof in nritleg, add of the canoe or causes actual and requested an Oratorios for as period of the datay. (g) prior to the CoMplacion at the faprovedento by'ehe Buyer, neither the Guyer en any anccesoor in interest to the Property shall engage in any £fann- elm or any dear transaction creating any Aartgege O1' ether anrR!$ance Or lien upon the Prope6y, western by express witnesses or cperStion a Sea, Or euf£er cry eocuobraneo or lien to be rude we or crouch to the Property, except, and Only to as erten[ aacroseary, .for the purpace of wereini" funds for mating the teprave meate. it is further agreed that the Buyer (Or answers" In Interest) shall notify the Seiler is advance of any mortgage fivancing is proposes to anter into with respect to the Property and In any Great that be shall Vv"tiy notify the Beller of any reassurance Or lien that has been Created an or attached to the "arty, whether by voluntary act of the Sort or athexwiee. (h) WOMMOUadiog day of the provieiane of this ASteeeenz, faOludiog but act limited to these representing eovedaote cunning with the Isaw5, the holder o£ any obligation authorlted by ihls Agreement (Including ray such holder who a' rules title to the property as a result of fateclauure Prncesdinge or action In lien thereof, but not Socludiug (1) any other party who thereafter obtains title to the property from Or [trough wuoL holder or (R) any Other putcheeer at fora- ciasure sale other than the holder of the obligation itself) shall in no viae be obligated by the previsions of this Agreement to construct or complete the Improve. Mate or to guarsatee such construction Or cWpletion{ nor shall any covenant or any other provision in the geed is construed to so obligate such holder: Provlded, that a ala in this section Or any other section Or provision Of chic Agrearune shall be deemed or construed to permit or authowir¢ any each holder to dOGOta the Property or eq part thereof to any Ones, or to construct any Improvements thar¢Gn, other than those was or Improvements provided or authorized in the Declaration Of Restrictions, Ordinances of the City of namor, and this Agreement. 6. go number, official or a pisy¢e of the Seller shall hive any persoval Interest, direct or Indirect, in this Agreement, now shall a" such weber, Of- ficial or employee participate is any decision relating to this Agreement nh'1ch affects his personal interests Or the Interests of any corporation, partnership. Or association In which M is. directly or indirectly, interested. NO enact, official or employee of the Seller shall be personally liable to the Boyer or any Successor In Internet in the event of any default or branch by IN seller or for my amuat which my became due to the Boar or Successor or on gay ebllgationa under the terms of this Agreement. S. Texas and special aetanamMd, if ay, due as or before the closing data shall he paid by Seller. 6. Buyer herewith traders Forty and 00/100 Sollars (S 40.00 ) which were to at least five percent (9%) o£ the offered purchase Pries m earnest money, to became a port Of the payment of the purchase pries of the ISM upon acceptance Of thin offer by Bolter. fin am shall be held by Seller can It this offer is net accepted, it shall but retorted to Buyer, without interest. It shall be retained by the Seller for reimbursement as liquidated damages to partially offset answers Incurred by the Seller for legal advertising, title cnereh, internal authority admdatatrative actions or ethervina if the Buyer fails to complete the purchase of Said land within the ties specified is Paragraph 2 herein. y. Tbn offer to binding upon Buyer if accepted by Seller within study (60) days wood cannot be withdraws daring this tire. II net accepted by Beller withla Sixty (60) days, it is automatically cancelled and expires, in which cane the nonuser mncy shall be promptly refunded to Buyer, without Merest. B. Closing of purchase Stoll taba place not mesa than one hundred treaty (120) days, Or as otherwise specified in Paragraph 2 haveof, free data Of accept. Once of this offer by Seller; and notification to Buyer thereof by saturated to Buyer one (1) accepted coy of this offer to the address Indicated below. The land shall he coweyed to the Buyer by a Wrcanty Deed on date of closing. 9. The Seller my or the Buyer shall promptly Pile the BSM for recordation In the Penobscot BeBletry of Breda at Bangor, Maim. The Buyer ahall pay all conte (ncludng the cost of any real estate transfer tau on the Dead, for wblch stamps in the proper amuat shell be affixed to the Beed by the Buyer) far so recording the Dead. to. promptly after completion of Me improvements in accordance with this Agreement, the Seller sill furnish the Buyer with an appropriate instrument no oartlfytng. Tha certification by the Sellar shall be (and it shall be So provided In the Deed and in the certification Itself) a conelualve dendwlmtim of satls- facdim aha terminttiOn Of the coverlets is the Agreement and no Deed with respect AS- an the abliptures of the Bayer and bid heirs and aseiBno to conatract the fWrooa- MM and the datu for the beginning Bed cospl tion curved. Its certification Bull be in BurIA form as mill moble it to he recorded, If the Seller "it Va- faya or fail as provide the certification, the Seller Bull, •trbl 7_.��L___ ('e ) dpa after Witten nqueat by the Buyer' provide the Sayer With a Written statement indicating in adequate detail hoe, the Buyer ime tailed to complete the Imptnenm<nte tt conformity WIEh the Crben Rcuesrel Plan cr thio Attest[, or to otherwise to deySolt, and But meeuras or Seta it Will be necessary, in the opinion of the Seller, for the Buyer to cake or perfom in pram to obtain the certification. 11. the mrd 'buyer" in thio agreement shell be conserved to mm' both the plural and singular number, in any grader, add to won net only the party thereby dutgeated, but also hie, Ger or their respneblve hairs, assigns. executors. ad- m(nistratora or euccoesooa in interest, or, in the meat that may Both party to a corpora—ion, its or tuir successors or Besides. 4 a B£Me.. gpya, Buyer y� - � 6aas__ Telephone In City Council Council War Bo. Bate A True Copy, Attest: Me above of€mr is "Capted aia day of _ _ to and eecotdinaly coeetitutee a "Min Coatcact Eat "la of laM s betwca Boyds and &list. Witeeea 0T eFaix is WrecuCEvm 92reetox siy o= M W LdCAS. FORM MID "EMM: attorney .10.