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HomeMy WebLinkAbout1970-05-27 185-X ORDER185-R Introduced by Councilor Hrountas, May 11, 1910 CITY OF BANGOR (TITLE.) (Drb¢rf_. Approving. Proposed Congract for.. Site of land in the Stillwater Park Urban Renewal Protect - Parcel No . BY the City caused Of Ike COY of Beeper: ORMS®, THAT WHEREAS, the Urban Renewal Authority of the City of Bangor proposes to enter into a contract for the sale of parcel numbered 50 in the Stillwater Park Urban Renewal Panlect with pnnald a_ eon Janet H. Annis and WHEREAS, the said Dona10 P. and i has offered to Pay the am of One ThouTa,nd Tuw ^an^OJQW Dollars for said parcel saidprice being the minims approvedprice for maid parcel as established by the Urban Renewal Authority and approved by the Department of Rooming and Urban Development' and WHEREAS under the provlaions of Chapter 160 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 is required; and WHEREAS, the Urban Renewal Authority has filed a copy of the proposed contract withDonald B. and Janet H_ Imm sin the office of the City Clark; NOW, THEREFORE, BE IT ORDERED: THAT the proposed contract on Elle with the City Clerk be and is hereby approved. IN CITY COUNCIL May 27, 1970 The ordinance requiring the filing of an order was suspendeci by the following yea and no vote: Councilors voting yes Baldaooi, Bantu, Brountas, Cohen, Con, Mooney, Nealley. COUncilors Barry and Minsky absent. This order was then received and PASSED. L85-% ORDER Title, . P" Pf. jfff. })S $$}}}ypM Park UR ........................ Introduced and filed by ................... 4.................. Councilmen InEroduced by Coumlior CITY OF BANGOR (TITLE,) MnUra.Approuing-Proposed Contract. forsale of. Land .in. the _. 9/,11441 ome6 n.k Ieadaa'_ag-Bimmi Urban Renewal. Project - Parcel No. 5o BY Be City Cosnail of de City oradnyor: ORDERED, THAT WHEREAS, the Urban Renewal Authority of the City of Bangor proposes to enter into a contract for the sale of parcel numbered 50l n the 4114 3't' --- Urban Renewal PIoject with Donald H. & JanetH. Annis ; and WHEREAS, the said Donald B. & Janet H. Amis has offered to pay the sum of One Thousand, Two Hundred Dollars 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 NODaing and Urban Development; and WHEREAS, under the provisions of Chapter 168 of the Private and Special Laws of Maine, 1957, as amended, City Council approval of all ccntracts for the sale of land within the project area is required; and WHEREAS, the Urban Renewal Authority has filed a copy of the proposed contract with Donald B. & Janet H Annis in the office of the City Clerk; NOW, THEREFORE, BE IT ORDERED: THAT the proposed contract on file with the City Clark be and is hereby approved. Revised April 16, 190 CORRTRACT FOR SALE OR IABD (WRR Alm ACCEPTANCE) SFILLWATBR PARR PROJECT PRO= NO. ME. R-4 o Date TO: Urban Renewal Authority of the City of Bangor ("Seller") City Bell Bangor, Maine OFFER: 1. �oNf7� o ✓,¢NFL /-% rrNir�s herein tailed "Buyer," offers to buy, subject to the terms set forth herein, the following described lead: Lot unshaped as shown on Plat of Lend entitled "Stillwater Park project, Bangor, Penobscot County, Maine, Urban Renewal Authority of the City of penult, Project Me. R -0 -- cote Luting of nine (9) pages and ruc orded in Penobscot Registry of Beed* in Plan /BBook W24 Pages1 is Snelmive, 2. Buyer will pay LUNO / ✓ldtzO«..f� � 4 i Rel lora ($ ) for said land in cash within one hundred and twenty (120) days after the acceptance of this offer by Beller. The Authority may grant additional tim upon written request from the Buyer. 3. Conveyance of anis land shall be made by Warranty Used, subject to all easements of record, the Declaration of Restrictions for Stillwater Park Project, Bangor, Maim, R-4, which rat recorded in Volume 2113, page 385 of Penobscot Registry of Deeds, and to these conditions set forth hereinafter to which Boyar expressly agrees. (a) (i) The Buyer herein reactance by and for himself, his beim, executors, administrator* and Resigns and all persons claiming under or through them, that Buyer and each heirs, executors, administrators and assigns and all persons claiming under or through them shall: (I) Devote the Property to and only to Bad in accerdpree with the "98 specified in the Declaration of Restrictions and as it my be hcrn- after amended free ties to tine; (2) Not discriminate upon the basis of race, color, creed or national origin in the sale, lease or rental or in the use or occupancy of the Property or any Improvements erected or to be erected thereon, or any part thereof. (11) It is intended and agreed that the agreements and covenants Provided in this section shell he covenants running with the land and that they shell, in any event, sea without regard to technical classification or declines - tion, legal or otherwise, and except only as specifically provided in this Agree- ment, be, to the fullest extent permitted by lav and equity, binding for the benefit end in favor of, and enforceable by, Seller, its succeseers and assigns, the City of Bangor, any successor in Interest to the 3uyer of the Property, and the owner of any other land (or oftany, Interest in such land) in the Project Ares which is eub)ect to the land use requirements and restrictions of the So- claretion of Restrictions, and the United States (in the case of the covenant provided in subdivision (2) of subsection (1) hereof) against the Buyer, his successor$ 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 agreement and covenant provided in clause (1) (1) shell remain in effect until January 22, 2022, and during the term of any extension thereof, (at which time such agreement and covenant shell terminate), and thugs provided in clause (I) (2) shall remain in effect without limitations ea to time: Provided, that such agreements and covenants shell be binding on Buyer himself, each successor in interest or assign, and each party in possession at occupancy. respectively, only for such period as he shall have title to or an interest in or possession or occupancy of the Property. (SII) In amplification, and not is restriction, of the provisions of the preceding subsection, it I$ Intended and agree] that Seller and City of Bangor shall be deemed a beneficiary of the agreements and covenants provided in subsection (I) of this section both for and in its own right cod also for The purposes of protecting the interests of the community and the other parties, public or private, in whose favor or for whose benefit such agreements and cove vents have been provided. Such agreements and covmuats shall run In favor of Seller and City of Bangor for the entire period during which agreements and -2- covenants, gh'jl be In force and effect, Without regard to whether Seller and City of BaPgow poo at any time been, ragyingi tr is an owner of Any lend at interest theaeta to, or in favor of phtah ouch agreernte and covenants relate. Se list aea)og City of Nagar @ball have the right, in the event of any breach of any ouch ageament or covenant, to exercise all the rights and remedied and to maintain any actions at lav or suits in equity or other proper proceedings to enforce the curing of such breach of ogre went or covenant, to which it or any other beneficiaries of such agrnemeat or covenant my be entitled. (b) To construe[ one (end not mora than one) standard dwelling house (single foxily) upon the lend which will meet the Minitran requirements as set by City of Boner ordinances and the Beclavntiea of Restrictions. Construction Most &tart within six (6) maatbs of the date the NO is recorded in the Buyer's came, and completion mut be acemplfehed within twelve (13) months of date of connecting c oetruction. Place for said dwelling house will be subject to re- view by Seller prior to conveyance of the land, Within ninety (90) days of the date of the acceptance of the offer by Seller, Buyer agrees to submit construe - tion plane for approval by Seller, and evidence satisfactory to the Seller of Buyer's ability to finance the construction of the proposed Improvements. (c) (i) In the event that prier to Completion of the Improvements as certified by Seller: (1) Buyer (or successor it interest) shell default to or violate his obligations with respect to the construction of the lmyrovements (including the wrote and the dates for the beginning and completion thereof), or shell abandon or substantially suspend comtructlm mrk, and any such default or violation, abendoutent At suspension shall not be cured, ended or remedied within three (3) Manche (six (6) Moothe If the default is with respect to the date for coaplatlon of the Impvov@Menta) after written demand by the Seller so to do, or (y) note is, it violative of this Agreement, any trecefxr of the Property or any change in tutorship of the Property, end such violation shell not be cured within thirty (30) days after written extend by the Beller to Buyer; thee Seller shell have the right to re-enter and take possession of the property and to termivte (and revert to the Seller) the estate conveyed by Che -3- Warranty Used to the Bayou, It being the intent that the conveyance Of the Pricer^ ty to the Buyer Shall be mde upon a condition auto$queat to the effect that in the "Cut of any default, failure, violation m Other action or inaction by the Buyer specified in classes (1) and (2) of this subsection (1), feature on the part of the Buyer to rmetly, cod or abrogate Such default, failure, violation Or Other schen Or traction within the period and to the mawmr stated in said chases, Beller at its optl a may declare a eerai1ation in favor of the Seller Of the title, and Of all the rights am interest in the Property conveyed by the Warranty Beed to the Buyer and that such title and all rights and interest of the Buyer sea any assigns or successors in interest in the Property Shall [evert to the Seller: Provided, that such tradition subsequent and any retesting of title as a result thereof to Beller shall always ha subject to and limited by, and shall not defeat, tender imalid ve limit in any way (t) the lien of any mortgage authorized by this Agreement and restated far the sole purpose Of obtaining funds to construct the toplommato, and (2) a" rights or interest provided in this harp went for the protection Of the holders of such Mortgagee. (L1) Beller shall base the right to institute such actions Or proceedings as it my data desirable for effectuating the purposes of this metion (c), Including also the right to execute end teerrd Sr file with the Penobscot Registry of leads, a mitten declaration of the taraimtiou of all rights and title of Buyer and his successors in interest and assigns to no Property, and the raveeting of title thereto in the Seller{ Provided, that any delay by the Seller in instituting or prosecuting any such actions or proceedings on otherwise "Sort- ing its rights ceder this section Shull eat Operate as a waiver of such rights or to deprive it of or linit man rights in acy my (it being the intent of thLa Pro- vision that Sellar should not be constrained so as to avoid the ries of being de- prived of or lialted in the exercise of the mosey provided in this auction (e) because of concepts of waiver, inches Or Otherwise) to exercise such Crossly at a tem when it my still hope otherwise to resolve the problem created by the do- fault Involved, net shell any waiver in fact mde by Seller with rapport to any specific default by Buyer Order this section (c) be considered or trusted as a waiver of the rights of Seller with respect to any other defaults by Buyer ruder [bis section Or with zespect to the particular default accept to the exteat epu. clfically waived. .4- M "a Buyer represents am- astses that his purchase at the Propertymid his other undertakings forecast to this agreement are and will ba used for the Purpose of redevelopment of the Property and tot for speculation to lead holddmS. The Buyer further recosaises Chat the qualificatlosa and identity of the Buyer are of particular concern to the community am the Beller. the Buyer further recogslves shat it to because of such qualifications and identity that the Seller is entering into this agreement with the Buyer, end in so doing is further willlag to accept and rely on the obligetim Of the Buyer for the faithful performance of all aadertakings am covenants hereby by him to be performed without requiring Is addition ami emery band or simlar undertaking. par the foregoing reasons, the Buyer ropreoeats and agrees for himself and any successor in interest that accept Only by way of security for sod Only for the "Clean of obtaining flaunting wceeesey to enable the Buyer or successor in interest to petform his Obligations with respect to making the improvements under this Agreemanq the Buyer (except as go authorised) hoe set mode or created and that he will tot, prior to the pee- per completion Of the Improvements no certified by the seller, make or covers or suffer to be ode or created arty total Or partial sale, aesigmanc, ca vayancs or leave Or say trust or power or transfer in any other mode of form of or with respect to this agreement or the Property or any interest therein Or any cwtrect or agreement to do any of the ones without prior written apprevel of the seller. The Seiler shall be entitled to Cooed" as Conditions to any such approval that: (1) Any proposed transferee shall base the qualifications sad financial reepmelbilfry, as determined by as Seller, necessary and adequeco to fulfill tax obllgetians amlettekaa in this Agreement by the Buyer; (it) Thera has bees cubmltted to the Seller for review, and the Seller has approved, all Instruments ago Otber legal documentsinvolved in effee- tins transfer; (111) The consideration payable for the transfer by the transferee Or on his behalf shall not earned an accent repraeeatiou the actual coot (imlu- diag carrylog charSee) to the Buyer of the Property am the Isprwev"", if any, theretofore made thereon by him: it being the intent of this provision to pre- clude "Bignmaat Of this Agreement or transfer of the Property for profit prim to the completion Of the Improvements am to provide that in the avast any each assignment or transfer 1s made (sod is got towelled), the Seller shall be entitled to increase the purchase price to the Buyer of the property provided in Section 2 .S. Of this Agreement by the Sweet that the consideration payable for the aeeigm ent an transfer to to excess of the mount authorised in thin paragraph, and Such consideration shall, to the extent it is in weapon of the tmpmt so authorised, belong and be paid to the Seller. (iv) no Buyer and his transferee shall Imply with such other conditions as the Seller my find desirable to order to achieve and safeguard the purposes of 4bapter 168 of the Private and Special Lam of Maine, 1951, As Arended, and the Declaration of gaatrictione AS it my be amended, sed the Pedarnl Mousing Act of 1949, no emended: Py that in the absence of spe- cific writtea Steamier by the Beller to the contrery, no such transfer or ap- prmal by the Seller thereof shell be dewed to relieve the Buyer or ay other party bound in any way by this Agrearow or otherwise with respect to the eon- steuct[on of the rmprovwmots fro Any of his obligations with respect [hereto. (e) Nona of the provisions of this Agrement are intended to or shell be ranged by reason of any Dead transferring title to the property it= the Seller to the Buyer or any atewasor in interest, and any such Deed shall not be dewed to effect or impair the provisions and covenants of this Agreemnt. (f) For the purposes of any of the Provisions of this Agreement, wither the Sellar We the Buyer, AS the tees my be, nor any successor in inter- est, shall be considered in branch of or default to its obligations with respect to the Preparation of the Property fee [edevelopmnt or the beginning and am- pletton of construction of the Tyraveants, or progress with respect thereto, in the event of delay to the perform =@ of such obligations due to unforeseeable causes beyond his control and without his fault or negligence, including, but not restricted to, acts of God or of the public enemy, acts of the Goverment. Onto of the other party, #rap, floods, epidemics, quarantine restrictions, strikes, freight awbargoes and unmwily severe weather or delays of subcontractors due to such causes; it being the purpoee and intent of this provision that in the event of no occurrence of any such delay, the time or time for peifarearce of the obligations of the Sellar with respect to the preparation of the Property for redevelapmvY AT of the Buyer with respect to construction of the lmpxoomenes, as the case my be, shall be extended for the "tied of the delay; Provided _ that the party masking the benefit of the p[oviatooa of this section shalt, elthin Sixty (60) days after the beginning of any Such delay beer fire[ notified the Other party thereof to wrltlag, add of the decade or comes thereof dad saturated an ertedeion for aha parted of the delay. (a) Pride to the eocipiatim of end ToMm mars by. Me Buyer, =fact the Buyer nor any mccomor in interest to the Property omit mange in any £fmn- cing Or any ether transaction creating any doorman Be other mevdreace or lien upon the property, whether by eapram "current or operation of len, m sutler my emanbrame or Ilea to be vada on or attach to the Property, catept, and m17 to the artent necessary, for the purpose of obtaining funds for ceding the Wagon' mats. it is further agreed that the Buyer (or successor In Internet) $half moldy the Seller 10 Became of any Barclays financing be peoporsa m mrer Into with respect to the property and in any event that he shall-prouPtly notify the Seller of day commandos Or Lien that dee been created an or selected to the property, whether by voluntary eat of the Buyer Or otherwise (h) BOtwlthatdndl$B nay of the provisions of this Agreement, including but eat limited to them representing memento running with the hand. the holder of my Obligation mthosfeed by this Agreement (Including Boy each holder she Cb - talus title to the property as a result of formle ure psmesdings Or netted in Lim thereof, but not including (1) any ante party Old charioteer chtaine title to the property frac dr throngh emb holder or (2) any other p rchcoer at fore- closure sale Other than the holder of the Obligation itself) shall 1n an else he obligated by the provisions of this Agrounds Or to catatruer Or coddlers the ysryreve- mute or to Senrmted each emgtruetien m correlation; nor shell any covenant Or my other precision in the Deed bo construed to so obligate such holder: provided, than dething in this amtfon or any other section or provision of this Agreement shall be decade re mostruad to permit or mNmim any mob holder to devote the property or any qct thereof to any ones, Or to construct any lvyrmad$Ots therein, other than these MOB or fnprovemenrs provided Or authorized in the Declaration of Restrictions. ordinances of Me City of burger, add this Agraedtat. 6. Bo Burger, official or employee of the Seller $half have Buy personal interest, direct Or Indirect, is this Averaged, nor areal any such mabnr, Of- ficial or eaployea participate in any decision entering to chis germaner which affects his pargoml Interco" or the interests of any corporation, partnership or association in which he is, directly or indirectly, interested, No washer, official or eeptoym of the Seller shall be paremally liable to the Soyer or any smea mor to interest in the event of any default of broach by the Seller or for MY meant which my boo" due to the Buyer or massager or an And Obligation; under the tame of this Agreemne. S. inane and special emgea ante, If any, dug an or before no closing date shall be paid by Seller. -/"" am Is Buyer herewith readers "loN Dollars (v(w ds. ) which ais at least 21ve pet anoffered purchase Pests m earmat money to become a pert a the paymet of the purchase price of the land up= acceptance of this offer by Beller. Me am shall be held by Seller and if this offer to at accepted, it shall be returned to Buyer, without tutmmst. It shall be retained by the Seller for retaburameat as liquidated demSee to partially offset expanses incurred by the Seiler for legal advertising, title search, Internal Authority adeinistrativa nations or otherwise if the Buyer fella a mmplete the purchase of said land within the ties crucified to paragraph 2 hotels. y. This offer Is binding upm Buyer if accepted by Seller within sixty, (60) days and cam" be withdrawn daring this tie. if ant accepted by Beller within sixty (60) dope, it is automatically cancelled and expires, to which tees the Cermet army shell be presutiy refunded to Buyer, without interest. S. Closing of someone Stall retia piece ons wore than ons hundred twenty (120) days, or os otherwise specified In paragraph 2 hereof, from date of accept - ace of thin offer by Seller; and atifacatim to Buyer thereof by returning to Buyer me (1) accepted copy of this offer to she address Indicated below. The lad shall be conveyed to the Buyer by a {errancy, Beed an date of closing. 9. The Seller my or the Buyer shall prwptly file the Brad for recordation Is the prostates Begletry of Bonds at Bangor, Wim, no Buyer OWL pay all coats (Imlwding the cost of any real estate transfer tax on the Bead, for which otauys in the proper amort shall be affixed to the Dead by the Buyer) fm aro recording the Beed. t0. frwptly after comtetion of the Ieroveomm in accordance with this Agreement. the Sellar will famish the Bayer with an appropriate imtrument eco certifying. the certification by the Seller Shall be (and It shall be to provided It the Deed add in the cert1ficatim itself) a seclusive dotamimtta a setas. faction and taeesoation of the ewonant$ In the ABrement sod the Wed witb respect -S. to the obligations of the Buyer and his heirs and assigns to construct the Improve- ments and the dates for the beginning and completion thereof. The certification shall be in such form as will enable it to be recorded, If the Beller shall Te - fuse- fuse or fail to provide the certification, the Seller shall, within Ztjd We (�) days after written request by [he 0uYa4 Provide he B r with a written Statement indicating in adequate detail how the Buyer has failed to complete the Improvements in Conformity with the Urban Renewal Plan or this Agreement, or is otherwise in default, and what measures or acts 1t will be necessary, In the opinion of the Beller, for the Buyer to take or perform in order to obtain the certification. 11. The word "Buyer" in this agreement shall be construed to mean both the plural and singular number, in any gender, and to mean not only the party thereby designated, bat also his, her or their respective heirs, assigns, executors, ad- minlstators or successors in interest, or, in the event that any such party is a corporation, its or their successors or assigns. Witness Witness In City Council Date Bayer Buyer tea �s pddres/1_� Council Order No. — A True Copy, Attest: City Clerk -9- Me thew offer is accepted thin gay of ,yw. and eeco3diaBly wongtituta¢ a Media$ coatzer, for a®3e of 38ad 6¢[N¢ep Buyer 6®d Beller. (SEAL) URBAN BREV Z Au2BCRP1:, W TLE CSM m BAIMB WStneeo By Chair.w.,7 ® EXOCUCS.Y¢ xreetor AEPBCPyB AB TO LEM FIMI AWA ABEBBAC4: