HomeMy WebLinkAbout1970-06-02 210-X ORDER210-x
Introduced by Councilor Brountas, June 22, 1970
CITY OF BANGOR
(TITLE) @rifit—.Approving Proposed Conrract for, sale of Lana in the Stillwater
Park Urban Renewal Proiect - Parcel No .
By the Cite Council of his alp ofBsnpor:
ORDERED,
THAT wm REAS, the Urban Renewed Authority of the City of Banger proposes
to enter into a contract for the sale of parcel membered 46
in the Stillwater Park Urban Renewal Project with Michael A. &
Jean C. Wynne and
WHEREAS, the said Michael A. & Jean C. Wvnne
has offered to pay the gum of Seven Hundred and 00/100 Dollars 1$700.001
for said parcel , said price being the minimm approved price for said "real
as established by the Urban Renewal Authority and approved by the Department of
Housing and Urban invelopmenq and
WHERPAS under the provisions of Chapter L68 of the Private and
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 Authority has filed a copy of the
Wynne
proposed contract wRlDlichael A & Jean C nV n the office of the City Clark;
NM, THEREFORE, BE IT ORDERED:
THAT the proposed contract on file with the City Clerk be and
Is hereby approved.
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1970 JIIVJ8 PM 2:56
ORDER
CITY Cf_ERKS OFFICE Eitle
^,ITV F- ^.-;�q Mf,fNr
. Sale of Lend in Stillmate[ Pazk 11R.....................
xR CLce COUNCIL ..YEY4Ei.P4� 9fr.......................
Tune 22, 1970
PASSED
doted eM filed byn
fx cxma
•. ....•• ... Cawcflman
Revised April 16, 1963
CORTNUCf FOR SAPg OP LAWS
(OFFSR Am ACCRPTANCB)
STILLNATBR PARR PROJRCF
PROSIX T NO. MR. R-6
Date May 20, 1970
TO: Urban Renewal Authority of the
City of Banger
City Balt
Deeper. Nat"
OFFER:
1. Michael A. and Sean C. Wynne
herein called 'Buyer," offers to buy, subject to the terms not forth herein, the
following described land:
Lot Cumbered 46 as shown on Plan of land entitled
"Stillwater Park Project, Bangor, Penobscot County, Daiwa,
Urban Rummel Authority of the City of Bangor, Project Be. R -A"
consisting of nine (9) pages and canard" in Penobscot Registry
of Deeds to Plan Book 26 , pages c 1 to 9 , inclusive.
2. Buyer will pay Seven Hundred and ----------00/100 Dollars
(9700.00 ) far said land in cash within one hoaxed and twenty (120) days after
the acceptance of this offer by Seller. no Authority may grant additional time
upon written request from the Bayer.
3. Conveyance of said land shall be made by Warranty Dead, subject to all
easements of record, the Declaration of Restrictions for Stillwater Park Project,
Bangor, Major, R-0, which w$ recorded in Volume 2113, page 385 of Penobscot
nssistry of Deeds, and to those conditions set forth hereinafter to which Buyer
expressly agrees.
(a) (1) The Buyer herein covenants by and for himself, his hairs,
executor$, administrator$ and assigns and all gemmae claiming under or through
that. that Buyer and such heirs, executors, administrators and assigns and all
Persons claiming under or through them shell:
(1) Devote the Property to goal only to and it accordance
with the uses specified in the Declaration of restrictions and as it my be haca-
after amended from time to time;
(2) Not d6etimieate upon the basis of crew, cot", creed
or national origin in the sale, lease or rental At in the use At occupancy of
the Property or any Improvements erected or to be erected thereon, or any part
thereof.
(ll) It is intended and agreed that the agreemwate and covenants
Provided in this section shall be revenue receive with the land and that they
shall, in say event, add without regard to technical classification or designs.
ties. legal or otherwise, and except only an specifically provided in this Agree -
want, be, to the fullest extent permitted by lam and equity, binding for the
benefit and In favor of, and enforceable by, Seller, its successors and assigns,
the City of Bangor, any success" in incstat to the Buyer of the Property, and
the enter of any other land (or ofrany interest in each land) in the Project
"ad which I$ subject to the land use requirements and restrictions of the Be -
elevation of Restrictions, and the United States (in the case of the covenant
provided in subdivision (2) of subsection (I) hereof) against the Buyer, his
ouccessove and *soigne, to or of the Property As a" interest therein, and any
party in possession or occupancy of the Property. It is further intended and
agreed that the agreement and covemat provided in clause (1) (1) shall remain
in effect until January 22, 2022, and during the term of any extension thereof,
(et which tit such agreement and covenant shall terminate), and those provided
In clause (1) (2) shall renin in effect without limitations as to tire:
Provided, that such Agreements AM covanante shall be binding on Buyer himself,
each successor in interest or assign, and each party to possession or occupancy,
respectively, only for each period as he shall have title to or an interest in
or possession or occupancy of the Property.
(111) In amplification, and not In restricgfon, of the provisions
of the preceding eubaeetlon, it is Intended and Agreed that Seller and City of
Bangor shall be deuced a beneficiary of the agreements AM covenants provided in
subsection (I) of this section both for and In Its own right and also for the
purposes of protecting the interests of the comuniay and the other parties,
Public or private, in wh"e favor or for whose benefit such agreemeote and cove -
cents have been provided. Such agreements AM comenante shall run in favor of
Seller and city of Bangor for the entire period during which agraerents and
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covenants shall ha in force sed effect, without regard to whether Seller and
City of Motor has at any time bass, renins, ar is an Owner of my land mer
interest therein to, or in favor of which such agreements and covenants relate.
Sellar and/or City of Maine shell have the right, to the event of any breach
of any ouch agreement or covenant, to erercisa all the rights and remedies and
to Rutstein any actions at law ov suits in equity or other proper proceedings
Co enforce the curing of ouch breech a agreement or covemat, to which it Or
A" other beneficiaries of such agreement or covenant my be entitled.
(b) TO construct one (end not man than one) standard dwelling house
(single family) upon the land which will save the minima requirements as set by
City of Bangor "dissects and the Declaration of Restrictions. Construction
most start within six (6) moths of the date the geed is recorded in she Super's
and cOecletion seat be accomplished within twelve (12) maths of data of
ee®enefng ccostruceioa. Plane for said dulling house will be subject to re-
view by Seller prior to conveyance of she land, within ninety (9D) days of the
data of the acceptance of the offer by Seller, Buyer "race to select cesarean-
ties plane fox approval by Seller, and evidence satisfactory to the Seller of
Buyer's ability to finance the construction of the proposed Improvements.
(c) (1) In the event that print to completion of the ImprovemBts
as certified by Sellar;
(1) Super (or successor to Interest) shall default in or
violate his obligations with respect n the construction of the Imprwamente
(including tha nature and the dates for the beginning and completion thereof),
or shall abandon or substantially suspend construction urk, and any such default
or violation, hbaedomvent or suspension shall Out be cured, ended or remedied
within three (3) months (sir (6) maths if the default is with respect to the
date for completion of the Improvements) after written depend by the Seller so
to do, or
(2) Skate is, in violation of this Agramment, any transfer
of the Property as any change in ownership of the Property, mad such violation
shall not be cured within thirty (30) dap after written demand by the Sellar to
Buyer; then Seller shall have the right to re-enter and take possession of the
Property and Co terminate (and racers to the Seller) the estate conveyed by the
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N rxanty Beed to the Bayer, it being the intent that the eookaya"e of the Proper-
ty to the Buyer chill be =do upon a condition subsequent to the affect that in
the "not of any default, failure, violation or other action or Inaction by the
Buyer specified in ala"e* (1) and (p) of thin subsection (i), feature an the part
Of the Buyer to rewedy, sod or abrogate each default, failure, violation or other
action or inaction within the period and in the meaner stated in said cremes*
Sellar at its Option may declare a terml"tiwn in favor of no Salter of the
title, code Of all the rights and interest in the Property convoyed by the secretly
Beed to the Buyer cod that such title and all rights and interest of the Buyer
and any assigns or successors in interest in the property shell raver[ to the
Seller: pro -idea, that such condition eubmw*ne and any tavmting of title as
a result thereof In Sellar shell always be subject to and lusted by, and shell
not defeat, render Invalid or leas[ in any may (1) the lien of any serbgage
authorised by this Bessemer and executed f= the sole purpose of obtaining toad&
to cOmtr"[ Ne Ioprovemoota, and (g) any rights or interest provided in this
Bgreemeet for the protection at the holders of each mortgages.
(II) Seller shall have as right to institute Duch aetiam or
proceedings as It may dem desirable far effectuating the purposes of thin Duction
W. including also the right to execute and record at file with the Penoba=t
Registry of Bards, a mitten declaration of the rumination of all rights and
title of Buyer and his successors in interest and staff" in the property, and the
revesting of title thereto in the Sellmp provided, that any delay by the Seller
in instituting or prosecuting any each actions or proceedings or otherwise assert-
ing its rights under this section shall Out operate as a waiver of Does rights or
is deprive it of or ltmlt such right* in any way (t[ being the income Of this pro-
vision that Seller should not be comtratned so as to avoid the risk of being de-
prived of or limited in the marcim Of the rankly provided in this section (c)
because of concepts Of waiver, laches or othervise) to exercise such remedy at a
time when it try *till hope otherwise to resolve the problems created by the de-
fault Involved, nor shall any waive• in fact mde by Sellar with respect to any
specific default by Buyer order this section (c) be considered Ot treated as a
waiver of the rights of Seller with respect to any other defaults by Buyer udder
this store= or with respect to the particular default accept to the anteut spe-
cifically waived.
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M The Buyer represents end agrees that his purcheea of the property
and big other undertakings pursuant to this agreement are and will be used for ate
purpaso of redevelmasom of the property and not for speculation in lead holding,.
The Buyer further recognizes that the qualifications and ideality of the Buyer
are of particular concern to the coomelty and the Beller. The Buyer further
recognizes that it Is because of such qualifications and identity that the Better
is entering Into this agreement with the Buyer, end in so doing is further willing
to accept a" rely on the Obligation of the Buyer for the faithful peefaremace
Of all undertakings and democrats hereby by him to be pet£orned without requiring
In addition wry surety bond or ofedlar unCxtering. pot the foregoing resonant
the Buyer represents and agrees for himself and any successor in interest that
emcspt only by any of security for and only for the purp"e of obtaining flueneiaq
necGaeary to enable the Buyer or successor in Satereat to pmfg A bis obligations
vith respect to making the iemrovemante under this Agreement, the Buyer (except
P
as sO authorized) has not once Or created and that 6e wilt not, prim to the pro.
PCs madVletion of the IMPrxcmnts as "trifled by the Seller, nate or treats or
suffer to be rude or created any total or partial sale, eselgmasnt, canveyenea
or tense or any trust or pager or transfer in my other mode or form of or with
respect to this Agreement Or the property x soy dnte[ert charafa or any contract
Or egreerunt to do any of the saga without prior written Approval of the Beller.
Sha Salter shall be entitled to require as conditions to any such approval that:
(1) Any proposed transferee shall base the qualifications and
financial reepossibility, as determined by the Seller, xeeaaary sad adequate to
fulfill the Obligations andsiteken in thio Agrearem by the Buyer:
(li) Share has been submitted to the Seller .for revive, and the
Sallee he$ approved, all inetrumeub and othat legal dxuments Involved to Off=.
ting transfer;
Wit The moSideratioa payable for the transfer by tte transferee
or an his behalf shall not earned an dmmRt repnesantiag the actual cost (iaclu-
ding tarrying charges) to the Buyer of the property and the Ionrovenents, if any,
theretofore nada thareoa by filmy it being the intent of this provision to pro.
01012 aesiST mi of this ageratum or transfer of the property for profit prix
to the ecmpletlun of the IOPTOVQRB" and to provide Met to the event any such
matgOMMnt or transfer is made (and is not cancelled), the Sellar shall be entitled
to increase the purchase price to the Buyer of the property provided in Section 2
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of this Agreement by the sooner that the conslderatim payable for the aeeigtwen:
or tranefer is in excess of the sooner authorised in this paragraph, and oueb
consideration shall, to the extent it is in "Case of the amount ou authorized,
belong and be paid to the Beller.
(tv) no Buyer end his transferee shall comply with such other
conditions as the Seller may find desirable to ostler to subieve and safeguard
the purposes of Chapter 168 of the private and Special Leas of Maine, 1951, as
command, and the Declaration of Restrictions ae it may be extended, and the
Federal Housing get of 1949, am amended: Promised net in the absence of Spa-
cific written earaei+it by the Sellar to the contrary, no Such transfer of ap-
proval by the Seller thereof Shall be deemed to relieve the Buyer or any other
party bound in any way by this Agreement or otherwise with respect to the con-
struction of the Improvements from any of his obligations with respect thereto.
(e) NOW of the provision of this Agieament are intended to or shall
be merged by reason of any read transferring title to the property fro the
Beller to the Buyer or any secceeeoi In interest, and any such Data shell mot be
denied to affect or impair the peovieioue aid severance of this Agreement.
(f) For the purposes of any of the psavtmiooa of this Agreement, -
neither the Seller nor the Buyer, as the came may be, nor a" successor in Inter-
net, shall be considered in breach of or default in its obligations with respect
to the preparation of the property for redevelopment, of the beginning and a m-
pletien of eoretructiou of the Wrovements, or progress with respect thereto,
in the event of delay inthe yniformane of such obligation¢ due to unforeseeable
causes beyond his control and without his fault or negligence, tucluding, but not
restricted to, acts of god ome or of the public memory, acts of the 0ovar, r, acts
Of the other party, firma, floods, epidemics, quarantine restrictions, atrihes,
freight embargoes and unusually saxere weather or delays of subcontractors dun
to much causes: it being Na purpose and intent of this provision that in the
event of the occurrence of any such delay, tihe time or class for performance of
the obligation of the Seller with respect to the preparation of the Property for
redevelopment or of the Buyer with respect to construction of the Iegfinemann,
as the case my be, shall be extended for the. period of the delay{ Priotded, that
the party Seeking the benefit of the previeton of this section shall, within
sixty (60) days after the beginning of any such delay have first notified the
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mher perry thereof in writing, and of the came or causes thereof and raluantad
an ertomim for the ported of the delay.
(g) prim to the emplatim of the improvmeate by the Soyer, vetches
the Suyor nm any succaeoor to Ictaleat to the PTVOTU shall engtga In ny ftma-
win$ Or a" other transaction creeds$ any vartgage Or Other mCY'a5raar8 m line
upon the proparty, whether by express agratkant Or Operation of law, Or suffer any
enewhrame Or lien to be rude an Or attach to the prOgerty, incept, had Only to
the rater necessary, for the purpose of obtainie& funda for oohing the lwprme
mute. it to further agreed that the buyer (or ameeaom to Internet) suit
notify the $altar is adseace of any omtgege financing he proposes to mesa into
with respect to the Property and in any ment that he ¢ball PrUMPtly notify the
Saner of say emmbrame Or Aire that. me been carried an Or stressed to the
property, whether by voluntary act of the Super or otherviae.
(h) Notwithstanding any of the "mietons of this Agreement, Including
but Out liaited to those rmreaamiog severe=$ coming with the land. the hold"
a eny abligatim mrhocieed by this Agrossam (including any each holder Who Ob -
raise title to the property ve a result a fmmlmmsse prmeedinge m action in
It" thereof, but rut imlndiag (1) any ether party who thereafter Obtalm title
to the property fret or through amb holder or (I) any other pmchnem at free.
closure sale other than the holder of the obligation itself) null is no visa be
Obligated by the precisions; of this Agreemnat to construct Or cOOTIme the Imams'
mute or to instance¢ such construction or cmpletiani am shall any coven not or
any other provision in the Eked u mmtmed to ea Obligate such holder: provided,
that nothing in this section Or eny other section or provision of this Agremane
shall be deems or schemers to proor or suehmtaa an; such holder to devote the
property or aM pert thereof to any arae, or to Construct my "Overreacts thereon,
other than there uses or mprovemnts provided or authorized in the estimation of
Seotrictlono, ordinances of the City of Mayor, and this Agroeme t.
6. Me m hon, official Or esploym Of the Seller chill base any personal
Interest, direct of indirect, in this APOeemm, car shall any each nether, of-
ftclal Or emplayes participate to eny declaim relation to thin Agrement which
affects hie personal Interests we the interests Of any corporation, partnership.
or association in which he is, directly m Indirectly, interested, No trader,
official Or emleyee of the Sailorshallhe personally liable to the paper or am
successor to interest in the went of any default or broach by the Seller or for
M y account which may bacons due to the Buyer or smaewoe or on any obligations
under the totes of this Agroment.
S. Sexes dad spotial msaaseeote, If soy, dm on or before the closing data
shall be paid by Seller.
6. Buyer herewith cascara nirty-five and ------ 00/LO�OBallets
(y 35.00 ) which am is at least five percent (50) of the offered purchase
price as mrmet caner to baccon a part of the pnyemnr of the purchase pries of
the land upou acceptance of this offer by Sellar. Thin em shall be held by
Beller and if this offer 1* not accepted, it shall be returned to Buyer, winner
Interest. it shall be taufand by the Seller for miahuraemew as liquidated
chargee to partially offset expanses incurred by the Seller for legal advertising,
title warns forecast authority administrative aertne; or otherwise if the Buyer
fail* to couplet¢ the purchase of said land within the ties specified to paragraph
2 herein.
y. ThSe offer is binding upon Buyer if accepted by Seller within sixty (60)
Says and cannot be withdrawn during this clow. If me accepted by Seller within
sixty (60) days, it as aeronautically cancelled and expires, in which case tba
wormer money SM11 be precptly refunded to Buyer, without Interest.
B. Clmiag of purchase shelf take place ant cora than ons hundred Mary
(120) days, an 49 otherwise specified in Paragraph 2 hareof, it= data of accept-
anca of this offer by Seller; and notification to Buyer thereof by returning to
Buyer One (1) accepted copy of this offer to the address indicated balsa. The land
shall be conveyed to the Buyer by a Warranty Mad an auto of clooiog.
9. The Sellar any or the Buyer shall wrwptly file the Mod for meardatim
Is the Pembscot gegtstry of foods at Son", Naim. The Buyer shell pay 411
cents (Including the cat of say real estate transfer tax On the Bead, for which
warp* is the proper anoint *bell be affixed to the Dead by the Buyer) fm so
recording the Dead.
30. Promptly after cweplattoh of no Inconvenience in accordance win thin
Agreement, the Seller will furnish the Buyer with an appropriate inurement so
cwtifying. no certification by the dollar shall be (had it shall be so provides
IS the Beed sad to the certification itself) a conclusive dateraimtim of satin.
Battles and tosmimtim of the ewe tints in the Agreement and the Beed with respect
QL
no the obligations of the Super eod 'ate hairs end aeedgna co cnwcavec the 1pptnn>-
="to and the dated for "he Beginning Sad completion thereof. Phe certification
shall be in watt Hm as will eimbla it to be recorded, if the Seller a sll fa -
free or *all to provide the certification, the Wirt shall, atthln
C ) day* atter Witten request by the Buyer, provide she oyer
with a Witten eratewnt iadicatiog in adequate detail how the Buyer Tree failed
to complete the TmprWewnrs in confotsity with the urban seems, Plan or this
Weemenc, or is othemlee is default, eM shot measures or acts it will be
oaceseary, in the opinion of the Seller, for the super to take or perfow in Order
to obtain rte certification.
11. The Bard "Buyer" in this eWeemdnt shall be cawcrued to mean both the
Plural and Singular number, In any Sender, and to wen nuc curly the party thereby
designated, but also hie, bar ar their respective hairs, Beatgas, executors, ad-
Hnlatrators or
successor* 10 interest, on, In the avant that any Both party to a
corporation, its or their successor@ or &gotten.
Yitneel C � / f guyar"a
xicwee
" 6ddieca r��
Tel eDh@w
In City council
erre Cauacil Order no.
A True Copy, Strad t:
City Clerk
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The above offer is accaptad
this
day of
EDS
and eccoadisgly eowexitueee
a binding eoateece
foe aefa of
land between Suyar au
Seiler.
Witaaee Dy
abxiewe
6wcueLva DZxector
"Mtsfe AS ED IX. - yore Ahq ADBQW :
Attoeeey
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