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.
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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
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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
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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.
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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.
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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
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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
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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: