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HomeMy WebLinkAbout1970-06-02 209-X ORDER209-% Introduced by Councibr Brountes, June 22, 1910 CITY OF BANGOR (TITLE.) fterp---Approving Proposed co TTract for Sale of Land in the Stillwater Urban Renewal Praiser - Parcel No . BY the MY Cwmmil of the City ofBnnpor: ORDERM* THAT WHEREAS, the Urban Renewal Authority of the City of Banger proposes to enter into a contract for the sale of parcel membered 196 in the Stillwater Park Urban Renewal Project with Alden A. and Evelyn L. Goode , and WHEREAB, the said Alden A. A Evelyn L. Goode has offered to pay the mm of Two a d Hundred 00) for said parcel said price.being the minim® approved price for said parcel as established by the Urban Renewal Authority and approved by the Department of Rousing and Urban Development{ and WHEREAS under the provisions of Chapter 160 of the Private and Spatial Laws of Heine, 1957, me ®ended, City Council approval of all contracts for the sale of land within the project area to required; and WHEREAS, the Urban Renewal Authority oe as filed a copy of the proposed contract with Alden A. A Evelyn L. in the office of the City Clark; NOW, THEREFORE, BE IT DBDERED: THAT the proposed contract on file with the City Clerk be and is hereby approved. 20ax RECEIVED 1970 JON 18 N2: 56 ORDER CITY CLERK'S OFFICE xue, Sale of Land in Stillwater Park US ...................................... IN CITY CdRKIL June 22, 1970.Ff42}.{9,.19fi....................... PASSED c cL6tU: ... Innodnned and filed by � .....n Revised April 16, n9 3 CORTRACT FOR SAI.R OP LAWD (OFFRR AM ACCBFIT240) STILLWATBR PARR PROJECT PRO30C2 NO. M. R-4 TO: urban Renewal Authority of the City of Bangor ("Seller") City Bell Saugor, Net" upFaat.� herein called 'Buyer," offers to buy, subject to th terms set forth herein, the following deecrlbed land: tot mustered M as shown On Flan of band entitled "Stillwater Park Project, Bangor, Penobscot County, Wain, Oxbaa Renewal Authority of the City of Banger, Project We. R-4" consisting of nine (9) pages and uscordad 13 Penobscot Registry Of Deeds in Plan Book X24 , Pages 11' to 9 , Snclueive. 2. Buyer will pay%wa -�/.t60,! Y -V/ h4i�411 Y % Dollars (9.S 1 — )for said lewd in ceeM1 Hchin one undyed and twenty (120) days after the acceptance of this offer by Seller. The Authority may grant additional tim open written request from the Buyer. 3. Conveyance of said land shell be wade by Warranty Dead, subject to all easements of record, the Declaration of Restrictions for Stillwater Perk Pfojecta Banger, Heins, R-4, which was recorded In Volume 2113, page 385 of Penobscot Registry of Deeds, and to those conditions set forth hereinafter to which Buyn. expcesefy agrees. (a) (i) She Buyer herein covenants by and for himself, his Beira, executor$, adsinistratore and aasigru and all persons claiming under or through Chem, that Buyer and such heirs, executors, edmini$tratare Bed naelgne and all Persona claiming under or through thew shall: (1) Covets the Property to and only to and in accordance with the uses specified in the Declaration Of Restrictions and an It may be ha_!: after amended fsm time to time; (2) Not dieeefm,ase upon the basis of race, color, creed or national origin is the 8410, lease or rental Or to the use or "caPancy of the Property or any Wrovsento erected or to be erected thereon, or any Parc thereof. (ii) It is intended and Agreed that the agremnts and covenants provided in this section OM11 be casemate running with the land and that they shall, to any event, sod without regard to technical classification or demigods. ties, legal or otherwise, am except sly ate specifically provided is this Agree- sat, be, to the fullest extent permitted by lav and equity, binding for she benefit end in favor of, and enforceable by, Seller, its successors and assigns, the City of Bangor, say successor in latest to the Boyar of the Property, sod the owner Of any other land (or Of zany interest in each load) In the Project Area which is subject to the land use requirsents AM rmtrictfem of the he- 414vacim of Restrictions, And the United States (to the case of the covenant Provided in subdivists (2) of subsection (i) hereof) against the Buyer, his successors 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 end agreed that the agreement and eove:ga provided In clause (1) (1) shall regain to effect until Jamary 22, 2022, and during the tem of any extension thereof, (at which tis such Agreement and censurer shall terminate), And those provided in clause (1) (2) shell renis to effect without limitations as to tis: Provided, that such Agremnts And tenements shall M binding on Buyer hiself, each successor to interest or assign, And each party in possession as occupancy, respectively, Only for such period as he shall have title to or an interest to Or POssO$$la er occupancy of the Property. (fit) In Amplification, and not in restriction, of the provisions of the preceding subsection, it to intended sum agreed that Beller and City of Bangor shall be seemed a beneficiary of the agreesats and covenants provided in subsection (4) of this section both for and in Ito Owu right and also for the purposes of protecting Oho Interests of the oosmnlcy And the Ocher pestles, public or private, In Mose favor or for NMea benefit each Agremn, am cove name have been provided. Such Agrematt and ewers, shall run, in favor of Seller and City of Beefier for the entire period during which agremn, and _2. covenants shall be to force and effect, without regard to whether Seller ani City of Bangor has at any time baso, receive, or is an owner of any land or interest thereie to, or in favor of which ouch agrmeeots and commute relate. Sellar and/or City of Bangor shall have the right, in the event of any breach Of any ouch agreamat or resonant, to exercise all the rights and maedim and to melntain any actions at Lou or suite in equity or other proper proceeding& to enforce the curing of such breach of agreement or covenant, to which it m any other beneficiaries of such agreement or commat my be mottled. (b) To construct ons (end not wca than me) standard dwelling house (single femLLy) upon the land which will met the minivan requirenams as net by City of Bangor ordinances and the neclaration of amtrictlem. Constructlm moat start within six (6) source of the dace the Beed is recorded in the layer's name, and cmpletian marlI be mcosmlished within twelve (16) mwtha of date of maxoncing construction. Place for said availing hose will be subject to re- view by Seller prier to conveyance of the land, Within ninety (90) days of the date of the acceptance of the offer by Seller, Buyer Meese to submit construc- itm plans for approval by Seller, sed evidence satisfactory to the Seller of Buyer's ability to finance the comtructlon of the proposed Ieprwemnts. (c) (i) to the want that prim to Completion of the improvements as certified by Seller: (1) Buyer (or successor to interest) shall default to Cr violate his obllgatiam with respect to the conetructLes of the Iepromseftm (including the nature and the dates for the beginning and ceglation thereof), or shall abandon or substantially suspend construction each, and any such default or violation, mandosmat or suspension shall not be cured, ended or remedied within three (3) escorts (six (6) months if the default to with respect to the date for cmpletion of the Impxwamnee) after written demand by the Seller so to do, or (T) There is, in violation of this hgaeawnt, any trarefer of the Property or any change In own rshlp of the property, and Such violation shall not be cured within thirty (30) dap after written second by the Seller to Buyer; then Seller shell have the right to to -enter and take possession of the Property and to terminate (end covert to the Seller) the estate conveyed by the -3- warranty Beed to the Buyer, it being the intent Nat the conveyance of the Propeg- ty to Ne Buyer Mail be ®de upon a condition subsequent to the Offset that in the event of any default, failure, violation or other action or Invariant by the Buyer specified in classes (1) and (2) of this subsection (I), faulure an the put of the Buyer to needy, end Or abrogate Such default, failure, violatim or other action or inaction within the period and. in the mount stated in said clauses, Seller at its Option may declare a termivation Is favor of the Seller Of the title, and of all the rights and interest in the Property conveyed by the Warranty Beed to the Buyer and that weak title and all rights and interest of the Buyer and any resigns or succeasors is interest to the Property shall covert to the Seller: Provided, that such condition subsequent and say [evestin Of title As a result thereof in Seller shall always be subject to and limited by, and shall net defeat, tender invalid or limit in any way (1) the lien of any mortgage authorized by this Agreement and ezeented for the sole purpose of Obtaining funds to construct Ne Lsp[overaaYs, and (2) say rights or interest provided to this Agreement for the protection of the holders of such mortgagee. (u) Seller shall Mee the right to Institute such nations or proceedings as is may dem desirable far effectuating the purposes of this section (c), including also the right to execute BW record Or file with the Penobscot Registry of Beetle, a waitton declaration of Ne termination of all rights and title of Buyer and his reconnects In interest and assigns in as Property, and the revesting Of title thereto in Ne Seller; Provided, that any delay by Ne Seller In instituting or prosecuting any such actions or proceedings or otherwise assert- ing; its rights Order this section shall not operate as a waiver of such rights m to deprive It of Or limit such [iebYe In any way (it being the Intent of this pro- vision that Seller should not be constrained so as to avoid the risk of being de- prived of an limited in the exercise of the remedy provided in this Scott= (a) because of concepts Of waiver, laches or otMrnise) to exercise Such remedy at a true when is may still hope otherwise to resolve the problems created by the de- fault involved, n= eball any waive, In fact rade by Seller with compact to any specific default by Buyer under this section (c) be considered Or treated as a nature of the rights of Seller with respect to any other defaults by Buyer under this section or earn respect to the particular default except to the extent epe- elfically waived. 4- (d) no Buyer represents aid agrees that hie purchase of the property end hie other undertakings pursuant to this Agaeemnt are and will he used for tbn purpose Of redwelo Ot of the property and not for speculation in laid holdieq. Phe Buyer further recognizes that the qualifications and identity of the Buyer are Of psrticulav cognacs to the comity and the goner. the Buyer further vecuguiees that it Is because of ouch qualifications, and identity that the Beller to entering into thio Agreement with the Buyer, and in so doing is further willing to accept and telt' an the Obligation of the Buyer for the faithful performance Of all undertakiU8s and cwananb hereby by him Co be performed aithau[ requiring In addition any surety band or similar nadartabieg. For the foregol" reaeans, the Buyer reprOgOate nod agrees for himself and any successor in interest that aznept only by may Of security got and may for the purpose of obtaining financing necessary to enable the Buyer or successor in interest to perform his Obligations with respect to inking the Smprwemente under thin ASreamnt, the Buyer (except ep en so authorized) has not m58 or created and that he will not, print to the pogo- Set completion Of the reprwNonts as certified by the Seller, sake or courts or $Offer to be rade or created any, total or partial 8410, assignment, CO"O"ace 02 lease or any Crust or power Or transfer in may OCMr mode w is= of ov with respect to this Agreement Or the property or My Interest therein or may omtract " agreement to do any of the ease atchwt prior written gpprwel of the Sell". no Seller skull be entitled to require as conditions to any such approval that: (i) Any proposed transferee shell boom the quelifieations and Simbeial [asponsibiliCy, as determined by the Seller, necessary and adequate to fulfill the obligations andeutekea to this Agreement by the Buyer; (it) ^.here bag been sometimes to the Sell" for review, end the Seller has approved, all ivatements and Other 10941 documents Involved in effec- ting transfer; (Lit) no consideration "Fable f" the transfer by the transferee or On his behalf shall not seemed an amount representing the actual coat (dnslu- ding carrying chargee) to the Buyer of the Property and the Ivmrwewmn[e, If gay, theretofore made thereon by him; it being the intent of this provision to pre- clude assignment of this Agreement or transfer Of the Property for profit prior to the completion Of the 1OPrwemeats and to Provide Last in the event any such assignment or traasfer is made (and is not cancelled), the Seller shall be entitled Co lacrosse the purchase price to the Buyer Of the Property provided In Scott= 2 -5- of this Agreement by the meant that the consideration payebla for the aenigrmc^t or transfer is In excess of the =out authorized in this paragraph, and such consideration shell, to the extent it to is excess of the meant so mthmired, belong and be paid to the Seller. (iv) The Buyer sod his transferee shall amply with sum Other conditions se the Seller may find desirable in order to achieve and safegened the purposes of Chapter IGB of the Private and Spatial Lan of Neiae, 1957, as ®ended, and the Declaration of gnomictims ea it may be awmaded, and the Federal Samtng Act of 1969, as mended: Provided that in the aboense of apt- clfic written ADremmnt by the Seller to the memory, no such transfer or AD. parent by the Seller thereof shall be domed to relieve the Buyer or any Other party board in say way by this haranmat or otherwise with respect to the can. Attention of the loprovestmem from any of his abligatime with respect thereto. (a) Nom of the provisions of this Agreement are intended to an shell be merged by %mean of any Bead transferring title to the property from the Seller to the Buyer or any macrame in Interest, and a" such Deed shall not he denied to effect or Impair the provisions and moments of this Agreement. (f) For the purposes of any of the provisions of this Agreemmt, neither the Seller net the Buyer, as the case my be, nor any successor in Jones - act, shall be considered in breach of or defeat In Its obligatima with respect to the preparation of the Property for redevelopment, of the beginning and com- pletlm Of conatrmtim of the Dpprweemm, or progress with respect thereto, In the event Of delay in the pttformsace of such obiigatlone due to unforeseeable muses beyond his control and without his fault or negligence, including, but act restricted to, ern Of Gad Or Of the public enemy, acts of the Goverment, eats of the Other perry, fires, floods, epidamies, quarantine restrictions, strikes, freight embargoes and ummuelly severe matter or delays of eubcmtramom due to such causes; It befog the purpose and intent of this proviame that in the event of the Occurrence of any ouch delay, the tiro or time for preformtme Of the Obligations of the Sellar with respect to the preparation Of the Property for redmelOme nt or Of the Buyer with respect to construction of the Im msersom, as the case my be, shall be extended for the period of the delay; Provided, that the party reeking the benefit Of the proviel000 of this section shall, within sixty (0) days after the begiming of any such delay have first notified the -6. otpar party thereof in wL2lag, and of the cause or Ostrom thereof cad rtMetad an extension for the "elm of the dalay. (a) Value to the magtetion of the lsprcv mme by'em Buyer, =last the Buyer aer any Successor in interest to the prepare; emit engage to any £ims- elm or any other transaction creating any coatings m other womelsance Or ties upon the property, souther by eaproos agreestnt or operation of Inn, Or Guitar any amuubrame or lien to be ends an or attach to the Property, wept, sad only to the erten necessary, for the purpose of abemiaog fume for mehing the hoprove- cents. It is further agreed that the Buyer (or maces r in Internet) emit notify the Geller to advance of any rmrtgago fl'am'ing he proposes to matt Into with respect to the property and to any event that he smil'prmpely notify the Sellar of any moun&rmes or lien that Me bene Created m or attached to the property, 'Whether by voluntary act of the Buyer or othervies. (h) Notwithstanding any of the provisions of this Agreement, Latudiog but hat limited to these representing moments running with the land, the holder of my ebligacloa authorized by this 66recotnt (Laludiag any each bolder oho ob- raise title to the property as a remit of foreclosure prmeedime or active Sas lieu thereof, but not Including (1) my other party who thneafter obtains title to the propoeey its or through cash holder Or (2) any other pacroser at fare - closure sale other than the hol4ev of the obligation itself) ehall in no viae be obligated by the provisions 02 this Aarmseut to 'ommuct or Complete the reprove - mate or to guarantee Both conservative Or cwpletios) nor shell any cusum or any other provistm in the geed m mastered to ea 'Migrate each bolder: pry that nothing in this metim Or any otmv section or provision of this Agrement shall be deesed or Construed to pomit or authorize 9" such holder to desats the property or ant peat thereof to any uvea, or to construct any ieprommaea thereat, other than those Ones or improemntr Provided or authorised In the BnlarArlm Of Restrictions. Ordinances of the City of maga, and this Agreement. 4, go hasher, official or employee of the Salter Cmll bass any ParaoEdl Snteraet, direct or Indicant, in this Agre®ant, we omit hay ash cement, a£- ftcial Or captures participate In any decision rotating to this Agreeseut which effects his personal lummoto Or the interests of any corporation, partnership as eeevclation in which he L, directly ar indirectly, interested. Be amber, official Or employes of the Seller shall be personally liable to the Buyer ar any -y. aueemsor to interest in the avant of any default or breach by the Beller or for my ass at Mich my beecma due to the Buyer or container or on any abliSatione under the toxic of this Agremait. S. Terse end special a measiota, if my, due an or before tha closing date Mall be paid by Seller. / 6. Buyer herewith tenders 0 /.X-6!6 ) Mich sum to at treat five permut (58) of tha offered purchase price as intense raver to became a pert of the payment of the purchase price of LM land upon acceptance of this offer by Seller. This can shall be held by Seller and if this offer is not accepted, it shall be retained to Boyer, without interest. It shall be retained by the Smiler for ret¢bursemrat as liquidated demons to partially offset insurer imaned by the Seller for legal advartloiog, title Search, interval Authority administrative "ifma an otharwtee if the Buyer falls to uncertain the purchase of said land within the tine specified in ParaBraph 2 herein. y. This offer is binding upon, Buyer if accepted by Seller within sixty (60) days and amot be Withdrew during this ties. If sot accepted by Beller Mthln sixty (60) days, it is mimetically cancelled and expires, in Mich case the intense mosey, shall he promptly refunded to Buyer, without interest. S. Closing of purchase Shall ub piece not more than one huudied [maty (120) days, or as otherwise specified in Pare2saph 2 hereof, from date of except - race of this offer by Selina aid notification to Buyer thereof by returning to Buyer oft (1) accepted copy of this offer to the allrese indicated balm. The land shall be married to the Beyer by a gerranty Bead on data if boning. 9. The Sellar my or as Bayer shall pvomtly, file the Med for recordation In as Peculator Registry of needs at Bangor, Balm. TM Buyer shell pay all cents (including the cast of say real estate transfer tax an the Died, fn Mich stmpa in the prop" cannot shall be affixed to the Said by as Buyer) fn e0 recording the paid. 10. Promptly after comletim of as loprovesints in accordance win this Winston, the Sellar will furnish the Buyer with an appropriate instrument am certifying. The certification by the Seller shall be (and it shall be So pixels" In the Dud and in the cartifiutim itself) a musical" deteredutEm of sells• futioa and tetmiuHon of rho consulate In the Adreemnt and the Deed with respect 4- to the obligations of the Buyer and his heirs end assigns to construct the ftgry a- Cante and the datem far the Beginning and completion thereof. Ties cartificatice ?ul he in such form as will seats it to be recorded, if the Beller shell to. fear or fail to provide the certification, the Heller shall, within —SirT� (60) days after Witten request by the Buyer, provide the Boyer with a written statement f0diratin8 in adequate detail how the Buyer Ms failed to complete too Imprauaeavta in conforviey with the Urban general Pleo or this Agrwmsnt, or is otherwise in default, find what measures or ecce it will be necessary, in the opinion of the Boller, fee the Buyer to take or perform in order to obtain the cartiflceticn. 11. The mord 'Buyer" In this agreement SM11 be construed to mese both the plural and singular ember, in any gender. and to wan not only the party thereby designated, but also hie, Mr or their respective heirs, assigns, enecutors, ad- ministrators or successors in istere9t, or, in the overt that way Such party is a corporation, its or their successors or assigns. Viruses Buyer Vitwes �Sl Addresutat s in City Council Council Bader Bo. gets A hue Copy, Attest; City C1erh .9_ ACCi8TM: no above offer is accepted ate day of 10� sed ercoxdiugdy c6aetituxee a Bloding contract far 6210 of law between Bayes and Sellar. 1'. Witneeo By Gooch 6vacutive Director AfrB Aa M UM TMI ANA ADWMM: A[Eomoy •10.