HomeMy WebLinkAbout1970-06-02 208-X ORDER208-X Introduced by Councfior Brountes, June 22, 1970 CITY OF BANGOR (TITLE) (Drbtrf_..Approving Proposed Contract. for. Sete of Land in the Stillwater Park Urban Renewal Project - Parcel No 189 By the my Coamil of aty ofBanoar: ORDERED, TWT WHEREAS, the Urban Renewal Authority of the City of Bangor proposes to enter into a contract for the sale of parcel scattered 189 in the Stillwater Park Urban Renewal Project with Jerry C. and Susan Jarrell , and WIIERCAS, the said Jerry, C. and Susan Jarrell has offered to pay the sum of Seven Hundred and 00/100 Dollars ($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 Housing and Urban Development; and WHEREAS under the provisions of Chapter 188 of the Private and Special Laws of Maine, 1957, as amended, City Council approval of all contracts for the sate of land within the project area in required; and wSmana S, the Urban Renewal Authority has fit" a copy of the proposed contract with Jerry C 6 Susan Jarre111n the office of the City Clark; NOW, THEREFORE, 0E IT ORDERED: THAT the proposed contract on file with the City Clerk be ad is hereby approved. R_CEIVED 1970 HIM18 H! 2:56 CITY CLERK'S OFFICE aue, .!7V 1. P1[4 r Ml.INE IN CPM COUNCIL awe 12, 1970 PASSED CLERK ]0E-% ORDER 9a}a,og, }aw,;p,.,suiipace..eax .. Pazcel Noy 189 ..... Iu duced ®L filed by Revised April 16, 1Sd8 CONTRACT FOR Belli ae LAND ' (OPPRR AD ACCEPTANCE) SUMNATBR PARK PROJECT PROJECT NO. M. R-4 Date 70: Urban Renewal Authority of the City of Ueugrr City Rall Danger, Maine OFFER: 1. vJf2a✓ 0 \ c-2 herein called "Buyer,' offers to buy, subject to the teams set forth herein, the following described land: ) Lot membered / as shown on Plan of Lend entitled "Stillwater Park Project, Burger, Penobscot County, Mine, Urban Renewal Authority of the City of Hangar, Project M. R-4" consisting Of nine (9) Page* and rc owed to Penobscot Registry of panda in Plan BS �4 �, P050 I Oo inclusive. Cc 2. Buyer will pay �Gt4L> t�ccu�m � � �—r Dollars 0 ) fa[ said lend in cash within one hundred and twenty (120) days after the acceptance of this offer by Belle[. Thus Authority may, great additional [ino upon written request frena the Beyer. 3. Conveyance Of said land shall be made by Warranty Deed, subject to ell easements of record, the Declaration of Restrictions for Stillwater Perk Project, Bangor, Malin, R-4, which was recorded In Volume 2113, Page 385 of Penobscot Registry of Deeds, and to three conditions art forth hereinafter to which guyar expressly agrees. (a) (I) The Buyer herein contended by and for himself, his heirs, executors, administrator* and assigns and all persona clothing under or through them, that Buyer and such heirs, executors, administrator* and assigns and all persona claiming under or through them shall: (1) Devote the Property to and only to and in accordance with the Ones specified in the Daelataifon of Restrictions and as It may be barn - After amended from time to time; (2) Not discriminate upon the basis of race, color, creed ar national origin in the rale, lease or rental or is the use or occupancy of the Property or any improvements erected or to be erected thereon mor any met thereof. (11) It is intended and agreed that Che agreements and covenanto provided in this section shell be covenants running with the lend and that they shell, in any event, and without regard to technical classification or demigm- clot, legal or otherwise, and except only as specifically provided in this Agree - want, be, to the fullest extent permitted by law and equity, binding for the benefit and In favor of, and enforceable by, Seiler, Its successors and assigns, the City of Bangor, any succesanr in interest to the Buyer of the Property, and the Owner of any other land (or efteuy interest in such lend) in the Project Area which U subject to the land use requirements and reatricttma of the De- claration of Restrictions, and the United States (in the case of the covenant provided In subdivision (2) of subsection (1) hereof) &gainer the Buyer, big successors and assign&, 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 covenant provided in clause (1) (1) shell remain in effect until January 22, 2022, and during the tem of any extension thereof, (at which time such agreement and variance shell terminate), and there provided in clause (1) (2) shall remain in effect without limitations as to time: Prmlded, that such agreements and covenants shell be binding on Buyer himself, each successor In Interest or assign, and each party In possession orcupanty, respectively. only for such period as he shell have title to or an interest to r possession or occupancy of the Property. (111) In amplification, and not in restriction, of the provisions of the preceding subsection, it L intended and agreed that Seller and City of Sensor shall be deemed a beneficiary of the agreements and emenevra provided in subsection (1) of this section both for and in its are right and also for the purposes of protecting the interests of the community and the other parties, public or private, in whose favor dr for whose benefit dumb agreements and cove users have been provided. Such agreements and covenants shall ren in favor of Setter and City of Bavgam for the entire period during which agreements and -2 covenants shall Is in force and effect, without ragaxd to whether Sailer and City of Meant has at any time hew, Treat", or is an Owner of any land err interest therein to, at in favor of which such agrmsems and covenants relate. Seller and/or City Of Bangor shell have the right, fa the event of any breach Of any such agrement or covenant, to exercise all the rights sed reaadles wed to maintain any actions at law or suits In equity or Other proper proceedings to enforce the curing of such breach of agreement or commue, to which it or any other beneficiaries of such agvemeat or covenant may be entitled. (b) To construct One (end not mora than wee) standard dwelling house (singL fairly) won the land which will ma the afoimm requiressma as sat by City of Banger ordinances and the Declaration of Restriction. Constru tire set stare within six (6) moths of the date the Dead is recorded 1a the Buyer 'a name. and oOmplation met be accomplished within twelve (12) moths of Sats of commuting construction. Plain for said dwelling have will be subject to to. view by Seller prior to conveyance of the land, Within ninety (90) days of the date of the acceptance of the offer by Batter, Buyer agrees to subsit ewttruc- t1On plum for approval by Beller, and evidence satisfactory to the Seller of Swart ability to finance the construction of the proposed lagrovemnts. (c) (I) in the count that prim to emplatim of the improvements as certified by Seller: (1) Buyer (or successor is interest) shall default in or violate his Obligations with respect to the cwetructiw of the Imprwemente (lnctuSlng the nature and the dates for the beginning end mediation thereof), w shall abandon Or substantially ampend construction work, and any such default Or violatim, bbmdwamt w suspension shall not be cased, ended or rmedied within throe (3) menthe (six (6) moths if the default is aitb respect to the date for translation of the Improve t nts) after weittem derand by the Salter so to do, or (q) Time is, in violation of this hgrament, any transfer of the Property or any change to Ownership of the Prtmmy, and such violation shall act be cured within thirty (SD) days after written descend by the Sellar to Buyer; than Seller shall have the Tight to re-enter and take possession of the property and to tarmicate (and covert to the Sailer) that estate conveyed by the -3. %%rranty need to the Buyer, it being the intent that the Carvayance Of the frozen- ty to the Buyer shell be nide upon a condition subsequent Ce the effect that in the event of any default, failure, violation or other action or inaction by Cho Buyer specified in Clauses (1) ad (y) of this subeectim (1), Leclerc an the part of the Buyer to trendy, cod or abtogets such default, failure, violation Or Other action or inaction within the period and in the Cement stated in said classes, Seller at its Option my declare a cerefnetion is favor of Me Seller of the title, and of all the rights and interest in the Property cowayed by the Warranty need to the Buyer and that much title and all rights and interest of the Buyer and any assigns at successors is interest in the Property shall Covert to the Seller: Provided, that such coadition subsequent and any Carpeting of title as a result thereof in Seller atoll always be subject to and limited by, and shall not defeat, tender invalid or lfnit is any way (1) the Idea of any mrtgege authorized by this Agreement and executed for the sale purpose of Obtaining funds to construct the Sperpvementa, add (f) any rights or interest provided in this Agrsement for the protection of the holders of such woutgeges. (it, Seller shall have the eight to Entitute such actions tr proceedings as it my deem desirable for effectuating the purposes Of this section (c), including also the right to execute and toward or file with the Penobscot Registry of Beeda, a written declaration of Che termination of all rights and title of Buyer and his ouceedoom in Internet and assigns in Na Property, and the revesting of title thereto in the Seller; Provided, that any delay by Me Seller in instituting or prosecuting any such actions nr Proceedings or otherwise assort - in its rights undat this aactica shall act Operate as a waiver of such rights or to deprive it of or limit sucb rights in any my (it being the Intent of this Pro- vision that Seller should not be constrained so es to avoid the risk of being ds- prived of or limited in the exercise of the Comedy provided in this Section (c) because of Concepts of waiver, lacked Or OChctwiee) CO exercise such remdy at a ties when it my still hope otherwise to resolve the problems created by the de- fault involved, ser shall auy waiver In face men by Seller with respect to any specific default by Buyer under this section (e) be considered or treated as a waiver of the rights Of Seller with respect to any other defaults by Buyer vashe this section or with respect to the particular default escape to the extent Spe- cifically valved. -4- (d) The Boyar represents and agrees that his pmcheee of the property and his Other u0dertekiage personnel to this Afearmsnt are and will bd used foe Rhe Surpnse of redevelopment of the prOparty end not for speculation to land holding. no Buyer further MuSuisee that the qualifications and Identity of the Buyer am of gasometer cOmem to the c�ity and the Seller. The Buyer further recogr Om that it Is because of such geclifieatteos sod identity that the Seiler is emerfgq Into this Agreement with the pupae, sod in do doing le further willing to accept and rely on the obligation of the Buyer for the faithful performance Of all mdettakfuge and mannered hereby by him to be performed without requiring In addition any surety bond a similar uudeamklng. per the forg ot" rmaom, the Super represents sed agreas for himself cad any successor In interact that encept only by my of security for and Only for the prepare of Obtalaing fimaefeg necessary to enable the Buyer or Successor in interest to "tram his obligetleae With ms"m to making the ImPiaemants under thin Agreement, the Buyer (escape as et authorised) has not made as created and that he vitt net, prior to the pro- per completion of the Impraemeas as certified by the Seller, make or create or suffer to be meds or created M total or partial sale, assignment. maayaome Or lease m my trust or press or transfer is my other made a form of a with respect to this Agreement or the property or my Interest therein m may, contract ou agreamare to do any of the ems without prim written approval of the Seller. Tho Seller Shell ba entitled to require as conditions to any such eppeaei that: (I) Any Imposed transfer" shall beat the qualifications Budd financial responsibility, as determined by the Seller, necessary end adequate to fulfill the ob ISAtioee mdertaken in title Agreement by the Buyer; (11) More has been submitted to the caller .for miew, and Cee Sailer! ham approved, all lmtr ffUmm and ether legal dommenm'involved in affse- tl:d transfer; (Lit) The emeistencies, payable far the transfer by the tremfame Or on his behalf shall not armed an amort representing the actual teat (inmlu- din$ carrying chargns) to the Buyer of the property and the Improveemnts, if emy, mOnatacm made thereon by him; it being the intent of this provision to pre- clude aaaiSament of this Agreement or tram far of the property for profit prior to the cOtglatlon of the lmpsaomum sed to provide test it the "eat am Such aMiSmmnt or transfer is ends (AMI is not tasselled), the Seller shall be entitled to increase the purchase price to the Buyer of the Property provided in Section 2 -5- of this pgraso at by the street that the consideration payable for the aaetgvmat or transfer to in excess of the emusr authorized in this paragraph, and such consideration shall, to the extent it is in serves of the steel so authorized, belong and be paid to the Seller. (ins) the Buyer and his transferee shall coogly with such other conditions as the Seller my find desirable in order to aebieue am safeguard the purposes of Chapter 165 of the private and Special Use Of Maine, 1957, as Fromm, and the Declaration of Restrictions as it my be seemed, am the Panel Housing act of 1948, as crooded: Provided, that in the absence of spe- cific written egrement by the Seller to the "artery, m curb transfer or ap- proval by the Seller thereof shall be served to relives the Buyer or any Other party based in any way by this Warrent or otherwise with respect to the are- *trumion Of the tmreveaeata.£rca any of his Obligations rich respect thereto. (a) Rose of the provistous of this Agremeat are iatomed to ar shall be werged by reason of any Reed transferring title to the property fret the Sellar to the Buyer or any successor in interest, and any such Dead shall not be denied to affect or impair the provisions and recorders of this Agveemnt. (f) For the purposes of any of the provteiaa of this Arrowroot, neither the Seller nor the Buyer, as the ones my be, our any successor in later. est, shall be considered in branch of or default in its obligations with respect to the preparation of the property for redevelopmet, or the beginning and am. Fiction of construction of the ltprwetenU, or progress with respect thereto, in the sweet of delay in the performance of such obligations due to =foreseeable causes beyond his control end without his taint or negligence, including, bur not restricted to, acts of God or of the public canary, acts of the Goverment, acts Of the Other party, fires, floods, epidemics, yuerauttm restrictions, strikes, freight embargoes am actually Fewer* weather Or delays of subcontraetare due to each causes; it being the purpose and intent of this prevision that in the event of no occurrence of any such delay, the ties or time for paefortsme of the obligations of the Seller with respect to the preparation or the Property for redevelrpwevt at of the Buyer with respect to construction of the 7eprovemnte, as the case my be, shall be exceeded for the portal of the delay; Provided, that the party seeking the benefit of the provistona of this section shall, within maty (60) days after the begirding of any such delay have first notified the -6- ocher party thereof in uniting, dna of the cause or senora thereof aped requeeeed an exceeding for ad parted of the delay. (g) price to as completion of the lmprevemanCe by, a& Buyer, wither the Super oar my successor to interest to the property dealt engage in any fima- Ofng or any other transaction creating any uwtgdge Or other encumbrance Or lien open the property, Whether by express agreement or Operation Of law, w aufter guy oncumbvame or lien to be nada on Or attach to the yronercy, except. And duty to the extent necessary, for the purpose Of obtaining foods for mAtfug the lmprnve mews. IC is further agreed that the Buyer (or successor to interest) 81011 notify the Seller to advance of wy mortgage fimwice he prnpwes to enter lot* with respect to the property and in any event that be dealt promptly notify its Seller of any, encumbrance or lien that has been created an Or attached to the property, eboamv by voluntary act Of the Buyer or OattwiOO- (h) Bowiehe4oaivg day Of the previstome Of this Agrememt, lwluding but w[ limited to those representing cevenantd ramesg with rhe land, the holder of any Obligation authorized by thio Agreement (iwludsg my need molder dee Ob- rates title to the property an a result of foreclpure proceedings Or action in lieu thereof, but wt including (1) any other party sho thereafter obtains title to the property from dr through snob holder or (t) soy other pumamdr at part. closure sale other than ad holder of the obllgetim itself) shall in an ase be obligated by the provisions of this Agreement to construct Or COdpiats the In@reva- mate or to guarantee such construction or completion; mor ahalt any covenant Or any once prevision in the Beed be construed to so obligate Both holden p mtded, that wthimg in this auction err any other auction Or pression of this Agme nt $hall ba dodged Or construed to permit or authority lay Such holder w devote the property or ant part thereof to any was, or to tomorrow day, bprevomente thaiam, other than awe ones or improvements provided or awehersed in the recitation of geaeriutiowe, wLlwwes of the City of hemeov, and this Agreement. 4, go tuber, official Or employee of the Seller dealt head any personal Interest, direct or Indirect, in this Agrameat, we shell a" ouch amber, of- ficial Or employee participate in any decision relating to this Agremnt Which affects his personal interests or the interests of day corporation, partmeiehip Or association in Mich he is. directly or indirectly, interested. 80 wher, official or mplayee of the Seller shall be peramlly liable to the Buyer or any .y. successor to interest in the avant of any default at breach by the Beller or Cor any wommt which my become due to the Buyer or successor or as any obligation order the [nems of thin Agreement. S. Texas and Spatial aeeaeameees. it way, due an or bafora the cloeiag date shall be paid by Belies 6. Buyer bereMtB eaadtre c� Ov �Oollare 0 3) ) which mum Is at least five par a (52) of the offered purchase Pairs no coconut money to beomm a pert of the Seymour a the pureMse price. of the land upon acceptance of thin after by Seller. This sum shall be held by Seller and If this offer to ant accepted, it Mail be returned to Buyer, without Interest. It $Mil be retained by aha Beller for reimbursement as Liquidated dereges to partially offset expeases incurred by the Sellar for legal advart£aieg, title search, internal Authority administrative nations or otherwise if the Buyea BILLS to Complete the purchase of said tend within the ties specified to Paragraph 2 herein. y. Thin offer ie binding upon Buyer if accepted by Seller within sixty (60) days wed"Mot be withdraw during this tire. If sot accepted by Beller vlthin slaty (60) Saye, it is automatically cancallod and expires, in which cage the earnest money shall be promptly raturded to Buyer, without interest. S. Closing of purchase shall tats place not mora than one hundred [wary (120) days, or as otherwise specified In Patagreph 2 hereof, £tea date of accept - some of this offer by Beller; and notification to Buyer thereof by returning to Buyer want (I) accepted copy of this offer to the address indicated below, The land shall be Conveyed to the Buyer by a warranty Seed an date of slanted. S. no Sellar my or she Buyer shall preeptly fila the MeS for recordation In the Pewterer Registry of foods at Bangor, Mine. ise Buyer Shall pay all cants (iseluding the cat of any teal estate transfer cox on Ne Mad, fm which scewa is the proper recent shall be af£wd to the Deed by she Buyer) far so recording the Deed. 10. PwMtly after comw/ation at she Immtmaments In accordance ulth able Agreement, the Beller Kit tarnish the Buyer with an appropriate Instrument eo certiTyiug. The certification by the Seller shall be (and it shall be me provided in the Med and to the certification itself) a conclusive datemimtim of sells. tactics and termination of the consumers in the Agreement and the Mad with respect -0- to the obligations of the Buyer and his heirs and assign to coretruct the lomrun. wants and the dates for the beginning and camplotfeu thereof. TM cerwiffaaHra shall be fn each fmm de will enable it to M record0d. If the Beller AnalI ta- fure or fail to provide the certificatioa, the Seiler wall, within !.L� ('z ) days after written request by the Buyer, provide the Buyer with a written etatemett indimtlog it adequate detail how the Buyer Me failed to Couplets the PmprOVemente in caniornity with the Meet Benevel Pled or isle Agreement, or is otherwise in default, and what measures m acts it will M necessary, in the opinion of the Seller, for the Buyer to tehe or perform in order to obtain the Certification. 11. The word 'Buyer' In this agreement shell be emitted to mean beth the plural and siogulav number, in any Border, and to pan net only the party thereby designated, but also his, but or their reepeotive Mire, assigns, eneeuttre, ad- ministratove or successors in interest, or, in the event that any such party is a CBrpaTBtion, Its or thein sucesevers or assigns. sea / L'Z Zr// ��N e. ✓ C-L'Vt�l.� witness / gu witmee Beyer 2 3 ;2 ' 5- ' e t Address C7 %- J'l20 Z Telephone in City Council Council Order No. Bate A True Copy, Attest; city clerk -9. AOCOTII] mj me gboye off at Is accopted this day of E9�, aed gncotdfogly cgnetitutes a binding ooaetact for seta of teed bereeen boyar god Seller. ritneeo By rAcut Eeecueta Lse Mreeear "MOVED AS TO LEMS, DOW ANO AM? : Attorney •lo-