HomeMy WebLinkAbout1969-10-13 291-W ORDER291-W XBRKEE
Introduced by Councilor Houston, Oct. 13, 1969
CITY OF BANGOR
(TITLE.) (DrDBra--.Approving Proposed co„{ract for. sale of Lend in the Stillwater
Park Urban Renewal Project Parcel No 87
By the City Cooked of the air of Border:
ORDERED,
TnT WHEREAS, the Urban Renewal Authority of the City of Banger proposes
to enter intoe contract for the sale of parcel numbered 87
in the Stillwater Perk Urban Renewal Project with Francis W. & Lillian E.
Hhabosk' : and
WHEREAS, the said Francis W. & Lillian E. Shaboski
has offered to pay the cum of Eighteen Hundred and 00/100 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
Housing and Urban Development; and
WHEREAS under the provisions of Chapter 168 of the Private and
Special Law of Maine, 1957, as amended, City Council approval of all contracts
for the sale of land within the projeca area is required; and
WHEREAS, the Urban Renamfffr Wfity has filed a copy of the
proposed contract with Francis W & Lillian E in the office of the City Clark:
NOW, THEREFORE, 0E IT ORDERED:
THAT the proposed contract on file with the City Clerk be and
is hereby approved.
291-W
OFFICE Pixie,
,,. Sale of Lv n Stillwater Pazk
IN CITY CO[MCIL
Oct. 13, 1969
PASSED
.. PazCBl NO. 87 ......................
)'�, lnx dncea . rasa by
kV...�h.%. ...........
Wwcilm
Revised April 16, 150
CONTRACT BUN SALE OP LAMB
(O1RgR AND ACCBPPAMCE)
STILLMATRR PARK PROJECT
PRoyBCT NO. MR. R4
Sakea� gIfea
T4): Urban Renewal Authority of the
City of Bangor ("Seller")
City Ball
Bangor, Maine
OyPRR: y/
herein celled 'Buyer," offers to buy, subject to the terms eat forth herein, the
following described land:
Loc unnamed Project, as shorn on Plan of bend entitled
"Stillwater Park Bangor, Penobscot County, Maine,
Urban Sensual Authority of the City of nagor, Project Me. R4"
misting of nine (9) pages and recorded In Penobscot Registry
of Deeds In Plan Book 24 , Pages 1 to 4, inclusive.
2. Buyer x111 pay—�``'�..i
Dollars
(4/ 60? pZ) fee said land in ce(h ulCAin o:u huMced and twenty (120) days after
the • ceptance of this offer by Seller. The Authority way grant additional tins
upon written request froe the Buyer.
3. Conveyance of mid land shall he rude by Necessity Dead, subject to all
eaaements of record, the Declaration of Restrictions for Stillwater Perk Project,
Bangor, Maim, R-4, which me recorded in Volume 2)13, page 385 of Penobscot
Registry of Deeds, and to those conditions set forth hereinafter to which Buyer
expressly agrees.
(a) (I) Tho Buyer herein covenante by and for himself, his heirs,
senators, administrators and amigns and all persona claiming under or tbrough
them, that Buyer and such heirs, executors, administrators and assigns and all
Persons elaiming under or through than shall:
(1) Devote the Property to and only to and in accordance
with the uses epecifled in the Declaration of Restrictions and as it Rey be hare -
after amended from time to tiu;
(2) Not discrloinate upon the basic of race, color, creed
or national origin in the sale, lease or rental Or is the are or occupancy of
the Property or my lep[wemeum erected or to be created thereon, or any part
thereof.
(it) It is intended and agreed that the agremente and casemate
provided in this section Shall be nwensnts rumLig with the land and that they
shall, in any event, and without regard to technical classification or designs.
tion, legal or otherwise, and except only as specifically provided in this Age" -
mat, be, to the fullest extent permitted by lav and equity, binding for the
benefit and in favor of, and enforceable by, Seller, its successor@ end assigns,
the City of Bangor, any successor In inter"t to the Buyer of the Property, and
The Owner of soy other lead (or of•.any interest in each lend) in the Project
AT" Mich is subject to the lend use requlrments and restrictions of the De.
claration Of Restrictions, and the United States (in the ease of the covenant
Provided in subdivision (2) of subsection (1) hereof) against the Buyer, his
successors end assigns, to or of the Property or soy Interest therein, and any
perry in possession or occupancy of the Property. it is further intended and
agreed that the agreement and cwemue provided In clause (1) (1) shall cerin
In effect until January 22, 2022, and during the tam of any extension thereof,
(et which time each agreacent and cwenent shall teratnste), and those provided
In clause (1) (2) shall resorts in affect without limttatfons as to tim:
Provided, that Both sgtements and covenants Shall be binding on Buyer hirelf,
each successor in interest or assign, nod mob party in possession as Occupancy,
respectively, Only for each period as he shall have title to or an Interest in
or possession or Occupancy of the Property,
(iii) In amplificetim, and not to restriction, of the provisions
Of the preceding subsection, it to intended sod agreed that Seller and City of
Banger shall be deread a bensficiary of the agre ruts end covenants provided in
nuboection (1) of this section both for and in Its own right and also for The
purposes of protecting the interests of the comnnity and the ocher parties,
public or private, in Mase favor or tot whose benefit such agreements and Tues.
wants have been provided. Such agreements AM newscasts shall run In favor of
Seller ane City of Bangor for the entire period during Mich successors and
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covenants shell be In force and effete, without valeta to whether Seller and
City of Bangor has at any time bean, emission, or is an owner of my land ar
Interest therein to, M in favor of which such agreements and covsnnnts select.
Ballot and(or City of Bangor shall have the right, In the event of any breach
Of any such egrement Or covenant, to emrotea all the rights and remedies goad
to maintain say actions at law or suite to equity or other proper proceeding
to enforce the caving of much breach of agreement or governor, to which it m
any other beneficiaries of Such agreement or surmount my be entitled.
(h) TO construct ane (and not mea than me) standard dwelling home
(Single family) upon the land which will mace the minlwm requirements as vet by
City of Bangor ordinances and the Declaration of Restrictions. Construction
meet start within six (6) =one of the date the Dead is retarded In the Burger's
came, and completion must be accomplished within tvmlve (12) months of data of
enmencing coa*rruction. Blain for said duelling house will be subject to re-
view by Seller prier to tanveyance of the lend, Within ninety, (l B) days of the
date of the accepts=* of the offer by Ballet, Buyer agrees to submit charterer -
cite plane for approval by Soll*e, and evidence satisfactory to the Seller of
Buyer's ability to finance the construction of the proposed lapcovemenes.
(c) (i) in the avant that prior to completion of the Dwrovemnts
as certified by Seller:
(1) Buyer (hr successor in interest) shall default In or
Violate bis obligations with roaster to the conetructiw of the Iwprevemenrs
(Including the nature and she setae for the beginning and completion thereof),
or Shall abandon or substantially Borland gonetrnetlon work, *od soy such default
or violation, bbtMoommnt or suspension shall Out be cured, ended or remedied
within three (3) months (six (6) months if the default Is with respect to the
date for completion of the lopruvamnts) after written damand by the Boller s
to do, or
(2) There is, In violation of this Agreement, many tsansfow
of the Property or any cM%e In amership of the Property, and such violation
shall not be cured within thirty (30) days after written demand by the Seller to
Buyer; then Beller shall have the right to re-enter and take possession of the
Property and to terminate (end regret to the Seller) the eater* conveyed by the
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warranty Beed to the Buyer, It Ming the intent that the cmvoyance of the preper-
ty to the Buyer mail be esde upon a condition oub$sgmAt to the effect that In
the event of any default, failure, violation or other action or lnaetton by the
Buyer specified In classes (l) and (2) of this subsection (1), facture an the pest
of the Buyer to remedy, end or abrogate work default, failure, violation or What
sell= or inaction within the period and. in the motor stated in said clause$,
Seller at its option may declare a termination in favor of the Sailer of the
title, and of all the rights and interest in the Property comeyed by the Warranty
Beed to the Buyer and that curb title Bud all rights and interest of the Buyer
and any assigns at successors is Interest in the property shall covert to the
Seller: provided, that such condition subsequent and say revesting Of title ea
a result thereof in Seller tall always be Subject to ape 1lmlto4 by, and sail
not defeat, render invalid or limit in amp way (I) the live of any mr[gage
authorized by this Bgcaament and amounted far the sole purpose of obtaining foods
to construct the ivprovemeo[o, and (2) any rights or interest provided to this
Agrement for the protection of the holder* of such mregegea.
(it) Seller Ball have as right to institute such actions or
proceedings as it my deem desirable for effectuating the purpose* of this section
(c), including also the right to execute and record or file with the Penobscot
Registry of Deeds, a written declaration a the terninatim of all sights and
title of Buyer and his successors in interest and assigns in the Property, and the
reverting of title thereto in the Seller; Provided, that any delay by the Seller
in Instituting Or proamuting any such actions or proceedings or otherwise "west-
ing its rights under this section shell not operate as a waiver of such rights her
to deprive It of or Boit Such riots in any my (it belog the intent of this pro-
vision that Seller ohmLd not be constrained so as to avoid the risk of being de-
prived of or limited In the Worries of the r®sdy, provided in this section (c)
because of concepts of waiver, lecas her otherwise) to exaction such steady at a
ties when it may still he" otherwise to resolve the problems created by the de-
fault involved, mor shall any watver In fact ends by Sellar with respect to any
specific default by Buyer under this section (c) be cars ldered her treated as a
waiver of the rights of Seller with respect to any other defaults by Buyer under
ate Section or with respect to the particular default except to the extent epe-
cifically waived.
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(d) no Sugar represents and agrees that hie parchme of the property
add bid other undertakings pursuant to this AUce at are end will bs geed for th-^_
purpose of redevelopment of the property and out far speculation in land holding.
no Buyer Lurcher recognises that the qualifications and Identity of the Buyer
are of particular concern to the community am the Seller. no Super further
reeog"Zoa that it 6 bananas of such qualifications and identity that the seller
IA entering into this Agreement with the Buyer, and in eo dolma in further willing
to accept and rely on the obligation of the Buyer for the faithful performance
of all undertakings and covenants hereby by him to be performed without requiring
In addition cup surety, bond or eiWlar undostakiog. We the foregoing reasons,
the Buyer represents ata agrees for himself and any eeeceeeor in interest that
except Only by way of security far and only For the purpose of obtaining financing
accessary to amble the Buyer cr successor in interest to perform bid obligations
with respect to making the inptwemenrs mtlar this Agreement, the Buyer (except
as Do authorised) has net made w created and that he will not, prior to the pro-
per cWletim of the 4vp[wamente ae certified by the Seller, woke or cents or
suffer to be made or crated any total or partial sale, assignment, conveyance
or lease or any trust or power or transfer in my other code w farm of or with
respect to this Agreement or the property or way interest therein or any covtreer
or egremment to do any of the same without prior written approval of the Sedley.
lha seller shall be entitled to reacted as conditions to any snob approval thea
(1) Any proposed transferee atoll have the qualifications end
financial responsibility, ea determined by the Seller, necessary am adequate to
fulfill the abligatiooe mdertakev In this Agraemant by the Buyer;
(11) Thera has been submitted to the seller for review, end the
Sellar has approved, all Instruments am other legal documents involved in affec-
ting transfer;
(iii) The consideration payable for the transfer by the transferee
or on his behalf shall not agreed an amamt [epieemtieg the actual coat (inclu-
ding carrying chargee) to the Buyer of the Property and the Improvements, if any,
theretofore made thereon by him; it being the intent of this provision to pre-
clude aaeignment of this Agreement nr transfer of the property for profit prior
to the completion of the Ivprovadente and to provide that in the event any such
assignment or transfer is made (sad is not cancelled), the Seller shall be entitled
to Increase the pmchese price to the Buyer of the Property provided to section 2
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of this Retardant by the mount that the consideration payable for the sssignsenB
or transfer 1s in excess of the [soup[ authorized in this paragraph, and such
consideration shall, to the extent it to in excess of the amount so sutherieed,
balmS and be paid to the Boller.
(iv) TOO Buyer and hie transferee shell couply, with snob other
conditions as the Seller may ELM desirable in order to achieve end safeguard
the purposes of Chapter 168 of the private and Spacial hews of Naim, 1957, ae
mended, eM the Declaration of Restrictions as it may be wended, and the
Federal Hou -sing Act of 1949, as sanded: Prmided that In the abas=e of spa-
cific written a8reament by the Beller to the contrary, be such transfer or ap-
proval by the Seller thereof shall be deemed to relleve the Buyer or any other
Party based in any way by this Agmewent or otherwise with respect to the am-
statetion of the Improventim it= any of his obligatiem with respect thereto.
(e) None of the proviefonr of this Agreemea[ are intended to or shell
be surged by reason of any Peed traoaferrim title to the property it= the
Seller to the Buyer or any successor In interest, and any such Wad shall sot be
denied to effect Or impair the provisions and covenants of this Agreement.
(f) For the purposes of any of the prevfeiam of this Severance, -
neither the Seller nor the Buyer, as the case may be, nor any successor in inter-
est, shall be comidarad In branch of or default in its obligations with respect
to tho preparation of the Property for redevelopment, or the beginning and am.
pletim Of construction of the Laprmemev[e, or progress with respect thereto,
in the event of delay to the performance of such obligations due to unforeseeable
causes beyond his control and without his fault or mgligmee, including, but not
restricted to, acre of God or of the public enemy, acts of the Government, acts
Of the other party, fires, floods, epidemics, quarantine restrictions, strikes,
freight embargoes and unusually severe weather or delays of subcontractors due
to such causes; it being the purpose and intent of this provision that in the
event of Na Occurrence of any each delay, the time or time for perforators of
the obligatioee Of the Seller with respect to the preparation of the Property for
tadeeelopment or of the Buyer with respect to construction of the IDprmemnto,
as the case may be, shall be extended for the period of The delay: Provided, have
the party seeping the benefit of the proviafom of this section shalt, within
slaty (0) days after the beginning of my such delay have first notified the
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Other patty thereof in cattleg, and of the cause or cavae thereof and sequenced
an extension for she pafod of the delay.
(a) prior to the moeplatim of the tupromocanta by' as Buyary wither
the Meyer nor any successor In latersae to the Property shell moegs in airy finaa-
clag or any other ore remtion canting any meopp Or other emmbre11ce or Ileo
upon no property, whather by express agreemnt Or Operation of lam, W coffer 4118
anoumbrsxe be lien to be rode on or attach to the Prapesty, escape, and only to
the attest necessary, for the purpose of obtaining fends for nobler the Improve
oasts. Ie is further SU20 that the force (or successor to interest) Owl
notify the Beller in advance of any mortgage Uncoated to proposes to sates into
wdth suspect to the property and is any rvont that he shall-pr,Ptly notify the
Beller of say, eacuNranae or lien that has been created an or attached to the
Property. Soother by voluntary act of the Buyer on otherwise.
(h) Notwithstanding any of the presidium of this sgraemnt, swindler
but Out lialted to those representing careworn cunning Slth the land, the holder
of my -obligation authorized by this Warrant (ixludmg say Web Colles she Ob -
Mine title to the property m a "suit o£ foreclosure proceedings or action in
It" thereof, but not including (1) my, other party Sha thereafter closing title
to the property fret dr Meonis each holder or (f) soy, once pureboWt at fees -
closure sale other than abs holder of the obligation itself) shall in W alae he
obligated by no provisions of this Agreement to construct ar Caspian the Improve -
mate or to gnarecom such construction or connotation; nor Shell any caresser or
any other provision in she Mand be cautioned to ao aLigate such holder: raided,
that nothing W this section or any other section or proclaim of this Agretasmt
shall be coarse or concerned to permit Or authorim ant such holder to devme the
preperty or any pert thereof to any Wes, at to construct my l:IQYOVCWGiO theism,
Other thso those Was or Lorwrounmats provided or autboxieed in the poclemtiel of
Restrictions, ordinances of the City of ganger, and this dgremant.
4. No mer, official or tortoise of the Seller [Dell have any personal
interest, direct or dedicate, in this streamer, not Obell any Oath mater, of-
ficial or mplayse pasticipsto in any decision catering to thin dgremtut ablcb
affects his personal interests ar the interests of any corporation, partnership
or association in which he is, directly or indirectly, intormted. No rather,
official or employee of the Seller shall be personally liable to no Mayor or any
successor in interest in the event of my default Or breach by the Seller or for
any amouat which my became am to the Bayer or successor or an any obligations
order the terms Of this Agreement.
S. Saxes and special desegregate, if any, due On or before the closing dots
shall be paid by Seller.
Y.
46. Buyer herewith evaders %%e, Boilers
(0 /" ( ) which goes to AS least Efva pncoaI(yt� offered purchase
price ao caamat Money to bounce a pare a£ the Seymour of the purchase price of
the lead upon acceptance of this offer by Seller. fbia am shall be held by
Seiler and if this offer to not accepted. It shall be returned to Buyer, without
Internet. It shall be retained by the Seller for reimbursement as liquidated
demugas to partially offset separate ineaned by the Seller for legal adverttaing,
title search, interest Authority administrative actin Or selection if the Buyer
Wig to cordate the purchase of said land within the time specified is paragraph
2 herein.
y. Thfe offer is binding upon Buyer if accepted by Seller within sixty (60)
days and cannot be withdrawn during this time. If not accepted by Beller within
sixty (60) days, it is automatically cancelled cad expires, in which Ones the
accuser moray shall be promptly rafmdad to Sayer, without Interest.
S. Closing of purchase shall ceka place ase were than was hundred Mary
(120) days, or as otherwise specified to paragraph 2 hereof, from data of accept-
ance of this offer by Sell"; end notification to Buyer thereof by returning to
Buyer am (I) accepted copy of this offer to the address Indicated below. The laud
shall be storeyed to the Buyer by a gavreacs Band on date of tlecing.
9. The Seller may or the Bayer shall promptly file the Beed Ear recordation
Is the Penobscot Ugietry of trade at Magor, Maine. Sha Buyer shall pay all
costa (including the cwt of say real restate transfer sax on the bead, for whims
stamps in the proper emunt shall be affixed to the Owed by the Buy") fn ea
recording the teed.
10. Promptly after scattering of at Boprmeaeaea In accordance with this
Agreeeeut, the Seller well furnish the Buyer with an appropriate imtrumeac so
certifying. The certification by the Seller shall be (and it shall be ea provided
In the Deed and in the certification itself) a ins lusive detarerectim of satin.
Section and tenesiraeion of the enumerate in the Agreement and the Wed with respect
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to the obligations of the Buyer end his heirs and avadgm to construct the Itpxm a -
came and the date$ for the beginning and mcglation thereof. Us certification
shall be in each fore, as will amble it to he recorded, If the Seller shall re-
fum or fail to provide the certification, the Seller shell, sithin
( ) days after Witten request by the Buyer, provide the Buyer
tlth a written dcmecent indicating in adequate detell bac the Buyer tae failed
to caeplete the impromomm in conformity each the Urban Renemal plan or this
Agremfvt, or Is otherwise in default, and that measures or acts is till bs
mceaoary, 1v the opinion of she Seller, for the Buyer to taW or perform it order
to obtain the certification.
11. no cord 'Buyer" in thio agreement shall be construed to mean both the
plural add sienular trader, in say gander, and to mean not only the party thereby
designated, but also his, her or their respective tried, assigns, educators, ad-
ainiatxatora or evcmeeoxa it Internet, or, in the event that any ouch party is a
corporation, Its or their successors or assigns.
acnes '�_
Buyer
wit ads
Merced,
Telephom
It City council Cauncii order Bo.
pato
A True CM, 6ttast:
Ci Cy Clerk
.9_
Awm-f 00;
'she ahovs offer is acctpted
this
day of
and eccordlnly cOnetEtutee
a Medio eontrsat
for cele Of
_ 1D.
laud between Buyer sad
Seller. -
S
Nireece Py
Ghairmia
IMoceCive Director
APPd00fD M TO LEM, "M My 6DSQll ;
tromey
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