HomeMy WebLinkAbout1968-06-24 162-V ORDER162-V
Introduced by Councilor Baldacci, Jane 29, 1968
CITY OF BANGOR
(TITLE.) Mrbfrt--. MpravinB Proposed Contract for. sale of Land in the Stillwater
Park Urban Renewal Project Parcel No 17
BY the City Couroil of the City ofBanport
ORDERED,
TORT WHEREAS, the urban Renewal Authority of the City of Bangor proposes
to enter Into a contract for the sale of parcel numbered 17
in the Stillwater Park Urban Renewal Project with Arlington Booker,
; and
WHEREAS, the said Arlington Broker
has offered to pay the arms of Cm Thousand Five Hundred Dollars ($115W)
for said parcel said price being the minimums approved price far said parcel
as established by the Urban Renewal Authority and approved by the Department of
Housing and Urban Development' and
WHEREAS under the pravlafons of Chapter 168 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; wod
WHEREAS, the Urban Renewal Authority hes filed a copy of the
proposed contract with Arlington Booker in the office of the City Clerk;
NOW, THEREFORE, BE IT oHDERED:
THAT the proposed contract am file with the City Clerk be and
is hereby approved.
IN CITY COUNCIL
�ne 24, 1968
PASSED
CITY CL
162-V
ORDER
Sitleg
.Sale. of. P.W.}'. Pt?llxatei. Pazk m
Parcel No. 17
......................................
aures and rued ty
c���
STILLWATER PARK PROJECT
PROJECT NO. ME. R-4 NUB -6209A
(4-66)
-------------- _--- _--- ___--- __------- __----------------- _--- _----- _____
PART I
of
CONTRACT POR
SALE OF LAND FOR PRIVATE REDEMUPMENT
(OFFER AND ACCEPTANCE)
By and Between
Urban Rensaal Authority of the City of Bangor
and
,Z4 I/
/ � �
PART I
CONTENTS
Section Page
1. Sale: Purchase Price 2
2. Conveyance of Property 3
3. Good Faith Ceposit 3
4. Time fox Commencement and Completion of Improvements 4
5. Time for Certain Other Actions 5
6. Period of Duration of Covenant an Use 5
i. Noncan and Decants 6
8. Special Provisions 6
9. Modifications of Part II 6
10. Counterparts 6
CONTRACT FOR
SALE OF LAND PDR PRIVATE REDEVELOPMENT
AGREEMENT, consisting of this pert I and Part II (Form H-620913, 1-64)
snared hereto and made a part hereof (which part I and Part 11 are together
M1ereilnafte/rJ celled "Agreement"), made an or as of tSe/0 - day of
1967 by and between the Urban Renewal Authority of
the City of Bangor , a public body corporate (which, together with any suc-
cessor public body or officer hereafter designated by or pursuant to law, is
hereinafter called "Agency"), established pursuant to Chapter 168 of the Private
and Special Laws of the State of Maine, 1951, as amended (hereinafter called
"Urban Renewal Act') and having its office at City Hail in the City of Bangor
(hereinafter g tied "City'), State of Maine, and the
a corporation organ-
ized And existing der the laws of the State of
(hereinafter called "Redeveloper") and having an of --ice for the transaction
of business at
in the to o of=— /I , , County of
and State of �� iw WITNESS@
WHEREAS, in fu berance, of the objectives of the Urban Renewal Act, the
Agency has underC4ken a program for the clearance and reconstruction or re-
habilitation of slum and blighted areas in the City, andIn this connection
Is engaged In carrying out an urbanrranewal project known as the "Stillwater
Park Urban Renewal Project" (hereinafter called "Project")In an area (here-
inafter called "Project Area") located in the City; and
WHEREAS, in furtherance of the objectives of the Urban Renewal Authority
Lav, Chapter 168 of the Private and Special Laws of Maine, 1957, and all acts
mandate" thereto, the Agency is carrying out an urban renewal project known
s the "Stillwater Park project, Me. R-4, Bangor, Maine a for which an Urban
Renewal Plan, consisting of the Urban Renewal Plan, dated December 1, 1961, and
approved by the City Council of the City on January 22, 1962, by Resolution No.
28-P, as amended July 1, 1964 and approved by the Commissioners of said
Authority on July 21, 1964, by Resolution No. 135; as amended by Amendment
No. 2 thereof dated February lo, 1965, and approved
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by the Commissioners of said Authority on March 23, 1965, by Resolution No. 166.
The Urban Renewal Plan as further amended by Amendment No. 3 thereof dated
August 2, 1965, and approved by the Commissioners of said Authority an November
16, 1965, by Resolution No. 198 And approved by the Ciry Council of the City on
June 13, 1966, by Resolution No. 135-T and was subsequently recorded in the Office
Of the City Clerk, located in City Rall, Bangor, Maine In Volume 24, Pegs 63 .
WHEREAS, in order to enable the Agency to achieve the objectives of the
Urban Renewal Plan and particularly to make the land in the Project Area avail-
able for redevelopment by private enterprise for redevelopment for and in ac -
"nee with the uses specified In the Urban Renewal Plan, both the Federal Covers -
meat and the City have undertaken to provide and have provided substantial aid
end assistance to the Agency through a Contract for Loan and Capital Grant dated
October 11, 1962, to the case of the Federal Government and a Cooperation Agree-
ment, dated February 20, 1962, intheCase of the City, as amended; and
WHEREAS, the Agency has offered to sell and the Redeveloper is willing
to purchase certain real property located In the Project Area And more partic-
ularly described in Schedule A an eked hereto and made R part hereof (which
property as so described is hereinafter called "Property") and to redevelop the
Property for and in accordance with the o specified In the Urban Renewal Plan
and In accordance withthe Agreement; and
WHEREAS, the Agency believes that the redevelop'nent of the Property put -
gamut to the Agreement, and the fulfillment generally of the Agreement, are in
the vital and best interests of the City and the health, safety, morals, and
welfare of its residents, And Ina cord with the public purposes and provisions
of the applicable Federal, State, and local laws and releirements under which the
Project has been undertaken and is being assisted:
NOW, THEREFORE, in consideration of the premises and the mutual obliga-
tions of the parties hereto, each of them does hereby covenant and agree with the
other as follows:
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 pu he the Property Eso� [he Agency and pay therefor, the am eat f
1' 9 /7 • 7ry 6 Dollars :8 /�'O%) e' ).
natal it
celled Turchase Price", to be paid in cash or by certified check
sine ltapeously with the delivery of the deed conveying the Property to the
Redeveloper.
SEC. 2. CONVEYANCE OF PROPERTY.
(a) Form of Deed. 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, movements, and restrictions set forth or
referred to elsewhere In the Agreement, e subject to the tanks, if any, set
fcrth on paid Schedule A, attached hereto.
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(b) Time and Flees for ]Olivery of Deed. The Agency shall deliver the
Deed and possession of the Property to the Redeveloper on Via. ,
19_g, or
on
such earlier date as the parties hereto may mutually agree In
writing. Conveyance shall be made at the principal office of the Agency and
the Redeveloper shall accept such conveyance and way to the Agency at such
time and place the Purchase Price.
(c) Apportionment of current Taxes, The portion of the current taxes,
if any, on the Property which are a lien on the date of delivery of the Deed
to the Redeveloper allocable to buildings and other improvements which have
been demolished or removed from the Property by the Agency shall be home 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 Deed. If the mount 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 basis of the amount of the =at recently ascer-
tainable
taxes on the Property, but such apportionmena shall be subjectto
final adjustment within thirty (30) days after the dave the actual amount of
such current taxes is ascertained.
(d) Recordation of Deed. The Redeveloper shall promptly file the
Deed for recordation In the Penobscot Registry of Deeds at Bangor. Maine. The
Redeveloper shall pay all costs (including the cost of the Federal documentary
stamp tax on the Deed, for which stamps in the proper amount shall be affixed
to the Deed by the Redeveloper) for so recording the Deed.
(e) Purther Obliµacions of The Agency and The Redeveloper.
See ch u le A.
SEC. 3. GOOD FAITH DEPOSIT.
(a) Amount. The Redeveloper has, prior to or simi ltaneously with the
execution of the Agreement by the Agency, delivered to the Agency a goad faith
deposit of casycejtsfieda ck we sEaceory to the Agency in
the mount
of /J // �/'' Dollars
($ i.m. m �� hereinafter called aoeposi L^, as security
for the performance of the obligations of the Aodevel6per to be performed
prior to the return of the Deposit to the Redeveloper, or its retention by
the .Agency as liquidated damages, or its application onaccount of the
Purchase Price, as the ca may be. i accordance with theAgreement. The
Deposit, If rash or certified check, shall be deposited in an account of the
Agency In a bank or trust company selected by It.
(b) InLerea C. The Agency shall be under no obligation to pay o earn
interest on the Deposit, but if interest is payable tiereon such interest
when received by the Agency shell be promptly paid to the Redeveloper.
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(c) Application to Purchase Price. Upon written request of the
Redeveloper, the amount of the Deposit, wade in cash or by certified check,
shall be applied go account of the Purchase Price at the time payment of the
Purchase Price is 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 thereon after such
termination, or, If a surety bond, the proceeds thereof, shall be retained
by the Agency as provided in Section 703 hereof.
(e) Return to Redeveloper. Upon termination of the Agreement as
provided In Section 702 hereof, the Deposit shall be returned to the Redeveloper
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 in Section 301 hereof),
certified by the Redeveloper to be a true and correct copy or
copies thereof:
(11) Evidence satisfactory to the Agency that the Interim mortgage
loan to assist in financing the construction of the Improvements
has been initially closed;
(iii) 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; and
(iv) A copy of the contract band provided by the general contractor
in connection with the aforesaid construction contract which
bond shall be in a penal sum equal to net lees than ten percent
(107.) of the contract price order said construction contract,
certified by the Redeveloper to be a true and correct copy thereof.
BEC. 4. TIME FOR CQRffiNC VANT AND CONFLETION OF IMPROVCffiNTB.
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
Used, and, except as otherwise provided in the Agreement, shall be completed
within eighteen (18) months after such Oee'd date.
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SEC. 5. TIME FOR CERTAIN OTHER ACTIONS.
(a) Time for Submission of Construction Piece. The time within which
the Redeve Loper shall submit its "Construction Plane" (as defined In Section
301 hereof) to the Agency in any event, pursuant to Section 301 hereof, shall
be no later than one hundred twenty (120) days from the date of this Agreement.
(b) Time for Submission of Corrected Construction Plane, Except se
provided in Paragraph (c) of this Section 5, the time within which the
Redeveloper shell submit any new or corrected Construe tion Plane as provided
for in Section 301 hereof shall be not later than sixty (60) days after the
date the Redeveloper receives written notice from the Agency of the Agency's.
rejection of the Construction Plana referred to in the Latest such notice.
(c) Maximum Time for Approved Construction Plane. In any event, the
time within which the Redeve Loper shall submit Construction Plane 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 Plane submitted to it by the Redeve Loper.
(d) Time for Agency Action on Change in Construction Plane. The time
within which the Agency may reject any change in the Construction Plane, as
provided in Section 302 hereof, shall be forty-five (45) days after the date
of the Agency's receipt of notice of Such change.
(e) Time for Submission of Evidence of Equity Capital and Mortgage
Fes. The time within which the Redeveloper shall submit to the Agency,
in any event, evidence as to equity Capital and any commitment necessary for
mortgage financing, as provided in Section 303 hereof, shall be not later than
�(..ry (Jo ) days after the date of written notice to the Redeveloper
of approval of the Construction Plane by the Agency, or, if the Construction
Plans shell be deemed to have been approved as proviced in Section 301 hereof,
after the expiration of thirty (30) days following the date of receipt by the
Agency of the Construction Plane so deemed approved.
SEC. 6. PERIOD OF DURATION OF COVENANT ON USE.
The covenant pertaining to the uses of the Property, set forth in Section
401 hereof, shell remain In effect from the date of the Deed until denary 22,
2022, the period specified or referred to in the Urban Renewal Plea, or until
such date thereafter to which it may be extended by proper amendment of the
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Urban Renewal Plan, or until such date thereafter to which it may be extended
by Proper amendment of the Urban Renewal Plan. on which date, as the case my
be, such covenant shall terminate.
SEC. 1. NOTICES AND DEMANDS.
A notice, demand, or other communication under the Agreement by either
party to the other shall be sufficiently given or delivered if it 1e dispatched
by registered or certified miL, postage prepaid, return receipt requested, of
delivered personally, and
(1) in the case of the Redeveloper, is addressed to or delivered
persomlly�4to the Redeveloper at
/ h
nd
(if) in the case of the Agency, is addressed to or delivered
personally to the Agency at City Hall, Bangor, Maine
or at such other address with respect to either such party as that party cony,
from rim to time, designate in writing and forward to the other as provided
in this Section.
SEC. 8. BPECIAL PROVISIONS.
SBC. 9. MODIFICATION OF PART II.
The following amendments and modifications are hereby code in the terms,
covenants, and conditions forcing 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 WNREOF, the Agency her caused the Agreement to be duly
executed in its name and behalf by its ryas nT 40-1 t
and Its seal to be hereunto duly affixed and attested by its
'/'. , and the Redeveloper has caused the Agreement to be
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duly executed in its name and behalf by its President and its corporate seal to be
hereunto duly affixed and attested by its Secretary, co or as of the day first
above written.
O
(Redeveloper)
By
(Pr sident)
Attest:
(Secretary)
xn city Council
Attest:
A True Copy, Attest:
Attest:
(Secretary)
Council Order No.�
[City Clerk)
(Agency)
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:
X era ,7 Sn......... /"nk /'v,rr> _ /9a. f —Y
subject to the following covenants restrictions and easements:
(if o
none, o state)
LesTc�/n J( Si tae -/Tn„p Qay..J
further obligations of the Agency and the Redeveloper: