HomeMy WebLinkAbout1970-06-02 211-X ORDER211-k
Introduced by Councilor Brountae, June 22, 1970
_p� >> CITY OF BANGOR
(TITLE.) (Prbfry... Approving Proposed Contract.. for, Sale of Laos in [he Stillwater
Park Urban Renewal Project - Parcel No B-12
BY the CUP Caused o7 the afy OfBXmImm
ORDERED,
THAT WHEREAS, the Urban Renewal Authority of the City of Bangor Proposes
to enter into a contract for the sale of parcel cambered B-12
in the Stillwater Park Urban Renewal Project with Charles M. and
Marian L. Oakes and
WHEREAS, the said Charles M. and Marian L. Oakes
has offered to pay the sum of Seventy-five and 00/100 Dollars ($75.00)
for said parcel , said price being the odnimm approved price for said parcel
as established by the Urban Renewal Authority and approved by the Department of
Housing and Urban Develapceny and
WHEREAS under the provisions of Chapter 168 Of the Private and
Special Laws of Maine, 1957, as emended, City Council approval of all contracts
for the sale of land within the project area is required; and
WHEREAS, the Urban Renewal Author6tK has filed a copy of the
proposed contract with Charles M & Marian L. in the office of the City Clerk;
NOW, THEREFORE, B8 IT ORDERED:
THAT the proposed contract on file with the City Clerk be and
is hereby approved.
K
RECEIVED
1970 JUN III PM 2.57 ORDER
CITY CLERK'S OFFICE Title[
-pv r%°rua0e, NJ iH(
$g}e of landin Stillwater Park UR
IN CITY COUNCIL,ga[ce1No[.N:i�......................
.TIDe 22, 1410
PASSED
Intwd and filed Ey
cLmuc
cowedlmw
may,
Revised April 16, 1943
COUTRRCP FOR SALg OF LAND
(OPPSA AND ACCBPTARCB)
BTILLNATSR PARR PROdBCT
PBC]9CT NO. M. R -A
Date
TO: Urban Renewal Authority of the
City of Bangor ("Seller")
city Ball
Bangor, Nafne
OPPRR:
1. (' Al c�S /�/
herein called "Buyer," offers to buy, subject to the terms get forth herein, the
following described level: See exhibit A attached
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2. Buyer will pay SGLQ'dc- - FevE Y e Sellers
0 ) for said lead is cash within one hundred add twenty (120) days after
the acceptance of thin offer by Seller. The Authority may grant additional time
upon written request from the Beyer.
3. Conveyance of said land shall be made by warranty Deed, subject to all
easements of record, the Declaration of Restrictions for Stillwater Perk Project,
Bangor, Naim, R-4, which was recorded in Volume 2113, Page 385 of Penobscot
Registry of Deeds, and to those conditions met forth hereinafter to which Buyer
expressly agrees.
(e) (f) no Buyer herein coverents by and for himself, his Beira,
executors, administrators and assigns and all persons claiming power or through
them, that Buyer and such heirs, executors, administrators and assigns and all
persons claiming under or through them shall:
(1) Devote the Property to and only to and in accordance
with the uses specified in the Declaration of Restrictions and as it may be harR-
after amended it= time to time;
(2) got discriminate upon the baste of race, color, creed
Or national origin In rho 0410, lease or rental or in the wa or occupancy of
oho property or any Bnpeovmento erected or to be *tested clarets, or any pert
thereof.
(11) IC is intended and agreed that the agreemnrs and cuvenents
provided In this section spell be covenants turning with the land and that they
shall, in any event, sad without regard to technical classification or designa-
ties, 10841 or otherwise, and except Orly as specifically provided in this Agree.
sent, be, to the fullest extent permitted by law and equity, binding for the
benefit and to favor of, and enforceable by, Seller, its successor@ a" assigns,
the City of Bangor, any successor in latereat to the payer of the Property, and
the Owner of any other land (or oftany, Interest in much lend) in the Project
Area which is subject to the land use vequirenents and restrictions of the Be-
clasatim of Restrictions, and the United States (in the cave of the cotenant
provided in subdivision (2) of subsection (I) hereof) scatter 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 and
agreed that the agueemeat and covemat provided In clause (1) (1) shall remain
in effect until January 22, 2022, add during the term of a" extension thereof,
(at which time such agreement and cnvesmat shall terminate), sod these provided
in clause (1) (2) shall retain in affect without limitations as 0o Class:
Provided, that such agreements and covenants shat( be binding on Buyer himself,
each successor in interest or assign, and each qtly In possession Or occupancy,
respectively, Orly for such period as he @bell have title to es an Internet in
or possession As Occupancy of the Property.
(111) In Amplification, and not to restriction, of the provisions
of the preceding subsection, it to Intended and agreed that Seller and City of
Bangor shall be denied a beneficiary of the agreemenLe and covenants provided in
subsection (I) of this section both for and in Its awn right and also for the
purposes of protecting the Interests of the camuaity sod the other parties,
public mer private, In whose favor or for Agues benefit such agreements and read.
more have been provided. Such agreements sod covenants shall res in favor of
Seller and City of Barger for the entire period during which agreements and
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coveceete shall be in force and effect, without regard to mother Seller end
City of Bangor has at any time been, reunion, As is As most of any lead er
Interest therein to, er in favor of which Such agreements and Covenants relate.
Seller and/or City of Bangor shall have the right, is the event of any branch
of any such egreereat or caucuses, to exercise all the rights aad rowdies and
to Maintain any actions at lav or suite to equity or other proper procaadings
to enforce the curing of each breach of egreamnt or covenant, to Alan it At
any Other beneficiaries Of each egreemat or covenant my be entitled.
(b) TO construct Om (and not more than ane) sconAced dwelling home
(single family) upon the lead which will mat the geologic mquiremnts as sat by
City of Sense ordinances and the Declaration of gestrictioos. CowLrmtim
meet start within six (6) menthe of the date the Bead is recorded in the Joyce's
mm, And cmpletion meet be accomlishad within twelve (12) metes of data of
mom ming cawtrmtim. Plans for said dwelling house will h subject to re-
view by Seller prier to conveyance Of the lead, within sleety (BB) days of the
data of the acceptance Of the offer by Seller, Buyer &Brea to submit construe.
tion View for approval by Seller, and evidence satisfactory to the Beller of
Sugar's ability to finance the comtrmtim of the proposed Imprwemace.
(c) (1) 14 rhe event that offer to completion of the Inprwemate
as certified by Seller;
(1) Buyer (or successor in interest) shall default in At
violate his obligations with respect to the nneatructiw of the Inprovenente
(including the occurs and the dates for the beginning and completion thereof),
or shall abandon or substantially suspend constructim each, and any such default
Or violation, hbandomeat or ompensim shall wet be cured, ended or remedied
within three (3) menthe (six (6) month if the default is with respect to the
date for cowlerion of the Imrovemeate) after written dmnd by the Seller so
to do, or
(1) There is, in violation of this Agreement, any transfer
of the Property or any change in ownerahip Of the Property, &Ad such violating
shalt not be cured within thirty (30) dory after .mitten caused by the Seiler to
Buyer; then Seller shall have the right to re-enter And take possession of the
Property and to Languages (and revert to the Seller) the estate conveyed by the
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Werrantp geed to the Buyer, it Befog the intent that the conveyance of the Prooar-
ty to the Buyer shell be made upon a condltlw subsequent to the affect that in
the Owner of any default, failure, violation or ocher action or Induction by the
Buyer specified in clauses (1) and (2) of Nts subsection (f), faulure an the Pert
of the Buyer to needy, and or abrogate each default, failure, violation or argue
action or inaction within the period and in the mover stated is said clauses,
Seller at its option may declare a terminntion in favor of the Seller of the
title, and of all the rights and interest in the Property conveyed by the warranty
Deed to the Buyer and that such title and all rights and interest of the Buyer
ad any assign or successors in interest in the Property shell roverr is the
Seller: provides-, that such condition subsequent and say raveatin({ of title as
a result thereof in Sellar shell atwaye be subject to sed limited by, and shell
not defeat, reader Savalid or licit in any any (1) the lien of any swrtgage
authorised by this Agreement and executed for the sola purpose of obtaining foods
to construct the Improvements, and (2) any rights or interest provided in this
Agreement for the protection of the holders of such mnsrgegee.
(ti) "list skull have She right to institute such Options or
proceedings an it may dew desirable far effectuating the purposes of this section
(c), including also the right to execute end record or fila with the Penobscot
Registry of Reade, a notices declaration of the coordination of all rights ens
title Of Buyer and his successors in interest and assigns in the property, and the
careering of title thereto In the Seller! provided rest any delay by the Beller
in instituting or prosecuting any such actions or proceedings or otherwise assert-
ing its rights order this section shall net Waters as a solver of such rights or
to deprive it of or lfnit such rights in any soy (it being the intent of this pro-
vision that Sellar should not be constrained co as to avoid the risk of being de-
prived of or limited in the exercise of the tweedy provided in this auction (c)
because of concepts of waiver, laches or otherwise) to exercise such remedy at a
rim when it may still hope otherwise to resolve the problems created by the da -
fault involved, nor shall any waiver in fact rade by Seller with compact to any
specific default by Buyer under this section (c) be considered or created as e
waiver of the rights of Seller with respect to any other defaults by Buyer under
this Battles or with respect to the particular default except to the career ape-
cifirally waived.
A-
(d) fie Buy" represents and agrees that his purchase of the property
an
and his other u"tektnge pursuant to this Utmeent are and will N used far Tbn
Purpose of redevelopmut of the "arty and not for speculation IS, land holding.
no Buy" further recognizes that the 4mli£1catiaoa and Identify of the Buyer
ere of Particular Credera to the Comsdity and the Seller. no Buyer forth"
recoSniaee that it is bananas of such quelifieeHova and identity that the Seller
Is entering into this Agreement with the Buyer, end in so dolag is further willing
to accept and rely on the wbldgetion of the Buyer for the faithful perfermmm
Of all voderfektaaa anal coveamea hereby by hem to be performed without requiring
In addition any surety bond or efellar undertaking. Por the foregoing reasons,
the Buyer rwprnsuwts and agrem for Massif and any succaeaor in interest that
Omer[ rely by my of security far and Only for the purpose of obtaining financing
necessary to amble the Buyer or successor in interest to perform his obligations
with respect to aching the Lvptoveconea under this AgreeomaC, the Buyer (except
m eo dmhMimd) tee not made or created and that he will not, prior to the pro-
per Cwmplecion of the Insrovemnts to certified by the Seller, make or create or
suffer to be made or created a" total or partial sale, assignment, caaveyame
we lease ar any treat or power or transfer in my ocher mode as fore of " with
respect to this Agreement or the Property we my interest thareim we on, cmmam
Or agreement to do any of its saes without prior written approval of The Seller.
The Seller shell be entitled to require as conditions to any such approval that:
(i) day Poopoted transferee shall base the qualifications and
financial reeponaibility, as detmalned by the Seller, necessary and adegmxa to
fulfill the obligatiml uffldetteken in this Spectrum by the Buyer;
(SI) There has bees submitted to the Sell" for review, and the
Seller has approved, all £nstrmmts and other legal docuoente'ireolved in affec-
tion transfer;
(£H) The cresideratire payable for the "arsfm by teas transferee
or on his behalf shall not exceed an session representing the actual cost (imiu-
ding carrying chargee) to the Buyer of the Property and the Improvements, if any,
Theretofore code thereon by him; It tried the intent of this provision to pre-
clude aesipwont of this Agreement or transfer of the Property for profit prior
to the 000100tiOn of the Improvements and to provide Case to the asset am such
wasigmeat or transfer is ande (add is not cancelled), the Seller shell be entitled
Co increase the purchase price to the Buyer of the property, provided In Section R
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of this Wanderer by the amemat that the cunsidaratita payable for the asafgment
or transfer is to excess of the emuut authorized in this paragraph, and. ouch
consideration shall, to the extent it Is In "coos of no amount so authorized,
belong and be paid to the Beller.
(£v) the Super and his transferee shall comply with such other
conditions as the Seller my find desirable in order to achieve and safeguard
the purposes of Chapter 168 of Ne private and Spacial Leos of Mine, 1951, as
arcaded, sad the maturation of Restrictions As it my be amended, and the
Federal Strain Act of 1949, as brooded: Provided that in the absence of spe-
cific written agreement by the Seller to the contrary, no such transfer or ap-
proval by the Seller thereof shall be deemed to culture the Buyer or any once
Party bound in any way by this Agreement or otherwise with raepnat to the can -
strontium of the £aprove¢eues it= any of his obligation with respect thereto.
(a) Boost of the proviniaas of this Agreement are intended no or Obeli
be merged by reason of any Dead traosferrivg title to the property Exon the
Seller to the Buyer or any successor in interest, and any ouch Bess shall not be
deemed to affect or impair the provisions and constants of this Agreement.
(f) For the purposes of any of the provisions of this Agreement,
wither the Seller nor the Buyer, as the case my be, nor any successor to inter-
est, shall be considered in branch of or default in its Obligation with :aspect
to no preparation of the property for tedevalopeent, of the beginning and com-
pletion of construction of the Wrovem¢nts, or progress with respect thereto,
in the event of delay inthe performance of such obligations due to unforeseeable
sauces beyond his control and without his fruit or aegilgunee, tacluding, but not
restricted to, acts of God or of the public scanty, acts of the Government, mese
of the other party, fires, floods, epidemics, quarantine restrictions, otci4us,
freight saboteurs and unusually severe weachti or delays of subcontractors due
to such causes; it being the purpose and intent of this provision Nat £a the
wvett of no occurrence of any such delay, the tiro or time for performme of
the obligations of the Seller with respect to the evaporation of the Property for
redevelopment Or of the Buyer with respect to construction of the Improvements,
09 the case my be, shall be extended for the period of the delay; prev�ded that
the party seeking the benefit of the provisions of this section shall, within
sixty (60) dope attar the beginning of any such delay have first notified the
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Other party thereof in uniting, and of the across or Camara thereof cod requeaeed
an eaeooston for the parted of the delay.
(S) Prior to the completion of am wrtseasnto by 00 Buyer, neither
the buyer now any successor in Internet to the eeoyorty omit engage to any Risen -
tied; Or any other transaction creating any myiamae ov other aocm5mnco m lima
upon the Property, whether by express agrament ve overatim a leu, m suffer any
encunbraaea or lion to be Cuda on or attach to the Property, evicept, sod only to
the eaters necessary, for the p oze of obtaining fonds for making the Improve
orate. It to further core" that ahs Byer (nor successor is Interest) shall
entity the Seller in advance of any marriage finencing he pressure m anter late
with respect to the Property and in any mount that he shall'pr®ptly notify the
Caller of any unewbvanue or lion that has been created on or attached to the
pryarty, matter by Voluntary act Of the Guyer nor othervive.
(h) hbtvllMrsvdivg any a the proviniame of this Agreement, including
but not limited to theme xeprosevatog Cweoaato turning with the lead, the holder
of any obligation authorised by this Agreement (including any each holder who Ob -
Islas title to the property as a result of foreclosure proceedings Or action In
lieu thereof, but not including (1) any other party abo thereafter ablates title
to the proporty, iron dr through each holder Or (£) any other pusthaeer at farm.
closure sale other than the holder of the obligation itself) emit to no aide be
Obligated by the provisions of thin Posture to construct or CCmaItts the Ivpryc-
mms Or to guarantee such construction or completion[ nor shall a" COyemn[ Or
any other prnviuim to the Seed be comtruad to mo obligate such holies: Provided,
that nothing in this section or any other section or provision of this WOCl"6a
shall be demand or construed to nacelle or authostmo any much holder to device the
Property or any part thereof to any mss, M to construct any Seprevepvte therace,
other than these aeon or iMrovetents provided or authorized in the Bsmlmaal= OR
Restrictions, ovdtmmseo of the City of famous, and able Agreement.
6, go anchor, off trial nor employee of the Seller shall base any pareaml
Interest, direct or indirect, In this Agreement, nor Gantt ay snob number, of-
flCiai or employee participate In any decision rotating to this Went which
affects his pemoml interests or the interests of any corporation, partnership
or association in bhich he in, directly or indirectly, Interested, No member,
official or employee of the Sell" SMll be paroomlly liable to the Boyer or any
.y.
ameteact in interest to the event of any default or breach by the Seller at for
any amount which may herein due to the Buyer or successor or an e" obligatto10
"tler the round of this Aacae"nt.
S. Saxes and special aeeesu tat it nay, due an " bafora Ne closing data
emit be paid by Seller.
G. Buyer herewith coders �'�YENr iIGG= pollare
which aum to at least five percent (SX) of the offered purchase
Value as earnest Brady to become a part of the "youat of the purchase price of
the laud upas acceptance of this offer by Seller. This num shell be held by
Seller and 1£ this offer to not accepted, it shall be ret""d to Buyer. without
interest. It devil be retained by the Seller for vafmburee"" as liquidated
de eSes to partially offset tape"" Incurred by the Seller for legal advertising,
title search, Interest Authority asaiefatrative actions or otheraLa if the Sayre
fails re ventilate the purchase of *aid land within the tine Specified In ParegraPh
2 herein.
y. This offer to binding upon Buyer if accepted by Seller within sixty (60)
days and cannot be withdrew duviag this tied. If Out accepted by Seller within
sixty (60) doge, it is autocratically cancelled Bad expires, In which case the
earnest Mary omit be promptly refunded to ewer, without interest.
6. Closing of purchase shall take place o" mote Cham was bundrnd twenty
(120) days, or as otherwise symifted to Paragraph 2 boreal, fret date of accept -
ace of this offer by Sella; and verification to Buyer thereof by returning to
Buyer o" (1) accpted copy of this offer to the address indicated briar. flu load
shall he caesuras to the Buyer by a fYetaty peed an seta of closing.
9. the Seller may or the Buyer emit promptly file the Beed for recordation
to the Penobscot eagistry of weeds at Bangor, Bal". The Buyer shall pay all
coats (Including the case of my real estate transfer tax we Own Mad, for we're
staems in the proper amount emit be affixed to the pad by the Bases) f" Sm
exceeding the Bead.
10. pe mptly after adaptation of the Pmpravdmente to accordance with this
AgraBrat, the Seller will furnish the Buyer with an appropriate Sustenance Bo
certifying. The certification by the Seller shall be (and it shall be ono provided
In the Dead and in the certification itself) A co"luslva daaml"tfam of Male-
faction and termi"trop of the coveearn in the Agreement and the Dead with respect
.S.
to the obligations of the Buyer and his heirs and aselgus to construct the reprove -
users and the dates for the beginning and completion thereof. fie certification
emit be in such foes as will evehla it to be recorded, If the Boller shall ra-
f0ae of fail to provide the cortiMu tion, the Salter shall, qdithiq
((c ) days after wr?ttsn tequast by the Mayor, ptouldo the Super
with a written statement indicating in adequate detall has the Suyar has failed
to canoeists the layroaanents in now?otviay with the Brbaa panoral 7140 or this
Agreement, et is etheMae in default, aid shot mouures or aeea it will M
necessary, 14 the opinion of the Beller, for the Buyer to tale or perfore i0 order
to obtalo the certification.
11. Ths word "Buyer" in this agremmat shall be consecrated to man both the
plural and singular number, 1n any 7,eodet, and to wen not only the party thereby
designated, but also his, hoe or their rcapeetiva Mira, assigns, executors, ad-
sluleteators or successors in inreneet, or, in tM scant that any such party to a
corporation, Ito
or the it successors at uaiges.
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City Clerk
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The above offer to accepted th[e day of Ig
and ecceedinly coae[fmtea a binding recreate for Sale of lead betven buyer at
Caller.
Clyab) URIAN Rmaei LUTRW= W
M CITY M MIM
Ni[eaee By
Chalre,[a
fsueuc[ve Mrac[ar
L[[tmey
1o59i6ii1
A certain lot or parcel of land located in Bangor, County of Penobscot.
State of Maine, bounded and described as follows, viz,
Beginning at a point in the West line of Harvard Street; said point
being three hundred and fifteen (315) feet southerly of the inter-
section of the southerly line of Dartmouth Street and the westerly
line of Harvard Street; thence S 74 20' 02" W, one hundred and six and
seventy nine hundredths feet (106.79) to a point; thence, S ld 39' 55"
E Sixty five and eighty seven hundredths feet (65.87) to a point; thence
N 77032' O0" E, Twenty seven and eighty hundredths feet (27.80) to a
point; thence N IC 39' 55" W, fifty five feet (55) to a point; thence
N 79' 20' 05' E, seventy nine feet (79) to a point in the West line of
Harvard Streets thence N Id 39' 55" W, ten feet (10) along said street
line to the point begun at.
Ihis conveyance is expressly made subject to all of the provisions, terms,
and conditions contained in the Declaration of Restrictions for Stillamter
Park Project recorded in Penobscot Registry of Deeds, Volume 2113, Page 835.