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
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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
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%%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.
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(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
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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
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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
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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
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