HomeMy WebLinkAbout1970-09-28 291-X ORDER291-X
Introduced by Councilor Mooney, Sept. 3e, 1970
CITY OF BANGOR
(TITLE.) Mrilrrt_. Approving Proposed Contract for. Sale of Land in the Stillwater
Park Urban Renewal Project - Parcel No e
By the Ciy Cowman of CHP of Bandar.
ORDERED,
THAT WHEREAS, the Urban Renewal Authority of the City of Bangor proposes
to enter into a contract for the sale of parcel numbered 103-104-199
in the Stillwater Park Urban Renewal Project with Eremite &
Valley, Incorporated , and
WHEREAS, the said Eremite & Valley. Incorporated
has offered to pay the Pum of FortV-Nine Hundred Dollars ($4.900.00)
for said parcel , said price being the minimm approved price for said parcel
as established by the Urban Renewal Authority and approved by the Department of
Housing and Urban Developments and
WHRREAS 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; add
WHEREAS, the Urban Renewal Authority M1ae filed a copy of the
proposed contract witlEremita &'Valley Inc. in the office of the City Clerk;
NOW, THEREFORE, BE IT CA DEREO:
THAT the. proposed contract on file with the City Clerk be and
is hereby approved.
291-X
ORDER
IN CITY COUNCIL Sdt1.eg
Sept. 28, 1970
PASSED 5ele 41 land �n Sti l lwat PS Park U. R,
.......................
CLERK .B4i4e1. Na X103X104 s 199.
Introduced end flied by
Coweilmen
STILLWATER PARK PROJECT
PROJECT No. ME. R-4
PART I
of
comma FOR
SALE OF LAND FOR PRNATE REDEVELOPMENT
(OFFER ANO ACCEPTANCE)
By and Between
_Urban Renewal Authority of the City at Saggor
and
Eremite 4 Valley, Incorporated
PAST I
CONTENTS
Section
pees
1.
Sale: Purchase Price
2
2.
Conveyance of Property
2
3.
Good Faith Deposit
3
4.
Time for Commencement and Completion of Improvements
4
5.
Time for Certain Other Actions
4
6.
Period of Duration of Covenant an Use
4
9.
Notices and Demands
5
0.
Special Provisions
5
9.
Nod ifications Of Part II
5
30.
Counterparts
5
CONTRACT MR
SALE OF LAND FOR PRIVATE REDEVELOPMENT
AGREEMENT, consisting of this Part I and Part II (Form H-62098, 1-64)
annexed hereto and made a part hereof (which Part I and Part II are together
hereinafter called "Ageeemeat"), meds on or as of the ]let day of
September , 1410, by and between the Urban Renewal Authority of
the City of Bangor, a public body corporate (which, together with any nuc
cess r public body or officer hereafter designated by or pursuant to law, to
hereinafter called "Agency"), established pursuant to Chapter 168 of the Private
and Special Laws of the State of Maine, 1957, as amended (hereinafter called
"Urban Renewal Act") and having its office at City Ball In the City of Bangor
(hereinafter called "City"), State of Maine, and the
Bramita & Valley. Incorporated ,a corporation organized
and existing under the laws of the State of Maine
hereinafter called "Redeveloper") and having an office for the transection
of business at 39-43 Broadlasn Drive
in the City of BreMer , County of Penobscot
and State of Maine WITNESSETH:
SPERMS, in furtherance of the objectives of the Urban Renewal Act, the
Agency has undertaken a program for the clearance and reconstruction of
re-
habilitation of slum and blighted areas in the City, and in this connection
is engaged in carrying out &n urban renewal project Recent as the "Stillwater
Park Urban Renewal Project' (hereinafter called 'Project") in an area (here-
inafter Called 'Rroject Area") located in the City; and
WHEREAS, the Agency hes offered to sell and the Redeveloper to willing
to purchase certain real property located in the Project Area and more partic-
ularly described in Schedule A annexed hereto and made a part hereof (which
property as so described to hereinafter called 'Property") and to redevelop
the Property for and In accordance with the a specified in the Declaration
a
of Restrictions recorded in Penobscot Registry of Deeds, Book 2113, Page 835
and in accordance with the agreement{ and
WHEREAS, the Agency bellevea that the redevelopsmnt of the Property put -
asset CO the Agreement, and the fulfillment generally of the Agreement, are in
the vital and best interests of the City and the health, safety, morale, and
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welfare of its residents, and in accord with the public purposes and provisions
of the applicable Federal, State, and local laws and requirements under which
the Project has been uMertaba n and is being assisted;
NOW, THEREFORE, in consideration of the prepisem end the mutual obliga-
tions of the parties hereto, each of them does hereby covenant and agree with
the other as follcwa:
SEC. 1. SALE: PURCHASE PRICE.
Subject to all the terms, covenants, and conditions of the Agreement,
the Agency will sell the Property to the Redeveloper for, and the RedeveLoper
will purchase the Property from the Agency and pay therefor, the amount of
FmYr T'hweand, gine nurtdred ----- Dollars 0 4,900.00 ),
hereinafter called "Purchase Price", to be paid In Lash or by certified check
simultaneously with the delivery of the deed conveying the Property to the
Redeveloper.
SEC. 2. CONVEYANCE OF PROPERTY.
(a) Form of Dead. The Agency shall convey to the Redeveloper title to
the Property by Warranty Deed (hereinafter called "Deed"). Such conveyance
and title shall, in addition to the condition subsequent provided for in
Section 704 hereof, and to all other conditions, covenants, and restrictions
set forth or referred to elsewhere in the Agreement,be nubj act to the terms,
if any, set forth on said Schedule A, attached hereto.
(b) Time and Place for Delivery of Wed. The Agency shall deliver the
Wed and possession of the Property to the Redeveloper on �entember 30.
1910 o such earlier date as the parties hereto nay antes ly e-1 gree in
writing. an
shall be made at the priceipal office of the Agency and
the Redeveloper shall accept such Conveyance and pay to the Agency at such
time and place the purchase price.
(c) Appoxci 7 t of Current Taxes. The portion of the current taxes,
if any, nn the Property which a e Liea on the date of deliveryofthe Wed
to the Redeveloper allocable tobuildingsand other improvementp which have
been demolisted orrenewed it= nhe Property by the Agency shall be borne by
the Agency, and the portion Of such current taxes allocable to the land shall
be apportioned between the Agency and the Redeveloper as of the date of the
delivery of the need. If the amount of the current taxes on the Property is
not ascertainable on such date, the apportionment between the Agency and the
Redeveloper shall be on the Beale of the amount of the most x encly aer-
tainable taxes on the Property, but such apportioomeat shall be subject to
final adjustment within thirty (30) days after the date the actual amount of
such current taxes is ascertained.
(d) Recordation of Wed. The Redeveloper shall promptly file the
Wed for r'ecordation in the Penobscot Registry of Deeds at Reagan, Maine.
The Redeveloper shell Pay all costs (including the cast Of the Federal
documentary steep tax on the Deed, for which stamps in the proper:, mount
shall be affixed to the Wed by the Redeveloper) for so recording the Wed.
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(a) Further Obligations of the Agency and the Redeveloper.
See Schedule A.
SRC. 3. GOOD FAITH DRPOSIT.
(a) Amount. The Redeveloper has, prior Co or simultaneously with the
execution of the Agreement by the Agency, delivered to the Agency a good faith
deposit of cash or ecertiffed check satisfactory to the Agency in the amount
of 2 o Hmndred. Fo:tw-Plug and______________00/100 Dollars
for
the pe ), hereof the
called "Deposit", a security
fox r t performance of the Deposit obligations he bee gedevelopor to be performed
prior en the return of the mages, to the Redevelopoapplication
a or its retention the by
the Agency as liquidated damages, or its application w ung me the
Purchase Price, as the ca may be, in accordance site the an Account The
DeposiAgency
1£ cash or certified check, shall
cted be deposited to an aecwnt of the
Agency 1n a bank ox true[ company selected by it.
(b) Interest. The Agency shall be under no obligation to pay o
interest on theDeposit, but if interest to payable thereon such interest n
when received by the Agency shall be promptly Paid to the gedeverloper.
(c) Application to Purchase Price. Upon written request of the
Redeveloper, the amount of the Deposit, Bade in cash or by certified check,
shall be applied on ao me unt of the Purchase Price at the tipayment of the
Purchase Price to made
(d) Retention by Agency. Upon termination of the Agreement as provided
in Section 703 hereof, the Deposit, if cash, or bonds or similar obligations of
the United States, including all interest payable thereen after such
termination, Or, if a surety boa, the proceeds thereof, shall be retained
by the Agency as provided in Section 703 hereof.
(e) Return to aedeveloper, upon termination of the Agreement a
provided in Sectioa 702 hereof, the Deposit shall be returned to the Redevetoper
by the Agency as provided in Section 702 hereof. If the Agreement shall not
have been terminated as in Section 702 or 703 hereof provided, the Agency
shall return the Deposit to the Redeveloper upon receipt by the Agency of
the following:
(1) A copy of the commitment or commitments obtained by the
Redeveloper for the mortgage loan or loans to assist in
financing the construction of the Improvements (as defined
it Section 301 hereof), certified by the Redeveloper to be a
true and correct copy or copies thereof:
zldeace satisfactory to the Agency that the interim mortgage
n to assist in financing the construction of the Improvements
has been initially closed;
('.ii) A copy of the contract between the Redeveloper and the general
contractor for the construction of the Improvements, certified
by the Redeveloper to be a true and correct copy thereof; aM
(iv) A copy of the contract bond provided by the general contractor
in connection with the aforesaid construction contract which
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bond snail be in a penal am equal to not leas than ten
percent (10%) of the contract price under said construction
contract, Certified by the Redeveloper t0 be a true and
correct copy thereof.
SEC. 4.. TIM FOR COVAMN(MET AM CQRLETION OF IMPROVEHENTS.
The construction Of the Improvements referred to In Section 301 hereof
shall be commenced in any event within six (6) months after the date of the
Ned, and, o xccept as otherwise provided in the Agreatent, shall be completed
within eighteen (18) monchs after such Deed date.
SEC. 5. TIRE FOR CERTAIN OTHER ACTIONS.
(e) Time for Submission of Construction plane. The time within which
the Redeveloper shell submit i s Construction Plans° (as defined in Section
301 hereof) to the Agency in any event, pursuant to Section 301 hereof, shalt
be no later than one hundred twenty (120) days free the date of this Agreement.
(b) Time for Submission of Corrected Construction Plans. Except as
provided in Paragraph (c) of this Section 5, the time within which the
Redeveloper shall submit any new
rcorrected Construction Plans as provided
for in Section 301 hereof shall beotlater than sixty (60) days after the
date the Redeveloper receives written notice from the Agency of the Agenoy's
rejection of the Construction Plane referred to in the latest such notice.
(c) Maximum Time for Approved Construction Plane. In any event, the
time within which the RedeveLoper shall Submit Construction Plana which Conform
to the requirements of Section 301 hereof and are approved by the Agency shall
be not later than ninety (90) days after the date . the Redeveloper
receives written notice from the Agency Of the Agency's first rejection of
the original Construction Plans submitted to it by the Redeveloper.
(d) Time for Agenav Action on Change in Construction Plans. The time
within which the Agency may reject any change In the Conatructdon Plans, as
provided in Section 302 hereof, shall be forty-five (45) days after the date
of the Ageaey's receipt of notice of such change.
(e) Time for Submissionf Evidence of Equity apital and t1ortgalge
Financing. The time within which the Redeveloper shall submit to the Agency,
in any event, evidence as to equity capital and any c0®itmenc necessary for
mortgage financing, as provided in Section 303 hereof, shall be not later than
t zty (30 ) days after the date of written notice to the
Redeveloper of approval of the Construction Plans by the Agency or, If the
Construction Plans shall be demand to have been approved as provided in Section
301 hereof, afterthe expiration of thirty (30) days fol Lowing the dace of
receipt by the Agency of the Construction Plane so deemed approved.
SEC. 6. PERIOD OF DURATION OF COVENANT ON OSE.
The covenant pertaining to the a of the Property, set forth in Section
401 hereof, remain in effect free the date of the Deed until January 22,
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2022, the period specified or referred to in the Declaration of Restrictions
or until such date thereafter to which it my be extended by proper amendment of
the Declaration of Restrictions, on which date, as the case may be, such
Contract shall terminate.
SEC. I. NOTICES AND DEMANDS.
A notice, demand, O Other communication under the Agreement by either
party to the other shall be sufficiently given or delivered if it is
dispatched by registered or certified well, postage prepaid, return receipt
requested, or delivered personally, and
(i) In the ea of the Redeveloper, is addressed to or delivered
personally to the RedeveLoper at
39_43 Rroadlawn Drive
arevee. Maine and
(IL) in the caof the Agency, 18 addressed to or delivered
personally to the Agency at City Hall, Sauget, Raine
or at such other address with respect to either Such party
s that party any, from time to time, designate in writing
and forward to the other as provided in this Section.
SEC. 8. SPECIAL PROVISIONS
This conveyance is subject to all the came and
conditions of the Declaration of Restrictions
for the Stillwater Park Project, Re. R-4,
recorded in Penobscot Registry Of Deeds,
Vol. 24, Page 1-9
SEC. 9. MODIFICATION OP PART II.
The following amendments and modifications are hereby made in the terms,
covenants, and conditions farming Part II hereof .
SEC. 10. COUNTERPARTS.
The Agreement is executed in three (3) counterparts, each of which shall
constitute one and the same instrument.
IN WITNESS WHEREOF, the Agency has caused the Agreement to be duly
executed In its neem and behalf by its Executive Director
and its seaL to be hereunto duly affixed and
attested by its Executive Director , and the
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RedeveLoper has caused the Agreement to be duly executed in its sees and behalf
by its President and its corporate seal to be hereunto duly affixed and
attested by its Secretary, on or as of the day first above written.
(Redeveloper) ey
BY1
s
Acres[: TXe
(secretary
In City Council Council Order No.
Date
Attest:
Attest;
(Secretary)
A True Copy, Attest:
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(City Clerk)
SCHEDULE A
Description of Property
All that certain parcel or parcels of Land Located in the City of'Bangor, County
of Penobscot, State of Maine, more particularly described as follows:
Stillwater Park Urban Renewal Project, Me. R-4
Disposition Parcels - 103, 104 and 199
Subject to the fallowing covenants, restrictions and easements:
(Lf none, so state)
Subject to telephone easements at rear of properties
further obligations of the Agency and the Redeveloper: