HomeMy WebLinkAbout1969-10-13 295-W ORDER295-W yBPYi
Introduced by Councilor Houston, Oct, 13, 1969
CITY OF BANGOR
(TITLE.) i8lrlbpra...... Approving Proposed Contract for Sale of Lend. in the Stillwater
Park Urban Renewal Project Parcel No 106
By tha My Cswuil ofsAa City ofBanpor:
ORDERED.
THAT WUCRPAS, the Urban Renewal Authority of the City of Banger proposes
to enter into a contract for the sale of parcel numbered 106
in the Stillwater Park Urban Renewal Project with Eremite and
Valley Inc , and
WHEREAS, the said Eremite & Valley, Inc
has offered to pay the cum of - 0 100 DQIlars
for said passel , said price being the minimum approved price for said parcel
as established by the Urban Renewal Authority and approved by the Departxat of
Rousing and Urban Developmehy and
WHEREAS under the provisions of Chapter 168 of the Private and
Special Laws of Moine, 1957, as amended, City Council approval of all contracts
for the sale of land within the project area is required; and
REVENUE, the Urban Renewal Authority has filed a copy of the
proposed contract with Errocita & valley, Inc, in the office of the City Clark;
NOW, THEREFORE, BE IT ORDERED:
THAT the proposed contract on file with the City Clerk be and
is hereby approved.
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ORDER
Ride. S
IN CITY COUNCIL ..
Oct. 13, 1969 ,. Sale of I in Stillxatec Pazk
......0......
PASSED
Pazcel No. 106
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C1 COSSK
in
In duced and riled by
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STILLWATER PARI( PRW=
PRW= NO. M. R-0
PART I
of
CONTRACT FDR
SALE OF LAND PDR PRIVATE REDPAELOPMENT
(OMER ANO ACCEPTANCE)
By and Between
Urban Renewal Authority of the CUy ot Bangor
and
Eremite E Valley, Inc.
PART I
CONTENTS
Section
Page
1.
Bale: Purchase Price
2
2.
Conveyance of Property
2
3.
Good Faith Deposit
3
4.
Time for Co®encement and Completim of Improvements
4
S.
Time for Certain Other Actions
4
6.
Period of Duration of Covenant on We
4
9.
Notices and Demands
5
8.
Special Provisions
5
9.
Mcdlficatfore of Part II
5
30.
Counterparts
5
CONfRACT FOR
SALE OF LAND FOR PRIVATE 88p8V81OP�NI
ACRg@RNT, consisting of this Part I and Part II (Form R-62090, 1-66)
annexed hereto and made a part hereof (which Part I and Part II are together
hereinafter called "Agreement"), made on or as of the 22nd day of
September , 19 69 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 Rall in the City of Bangor
(hereinafter called "City"), State of Maine, and the Eremite & Valley, Inc.
a
corporation organized
and existing under the laws of the State of Maine
hereinafter called "Redeveloper") and having an office for the transaction
of business at 39-43 Broadlawn Drive
in the City of Brewer County of Penobscot
and State of Maine , WTNESSEDR:
wSPRUS, in furtherance of the objectives of the Urban Renewal Act, the
Agency has undertaken a progress for the clearance and reconstruction or
re-
habilitation of elm and blighted areas 1n the City, and in this connection
is engaged in carrying out an urban renewal project knownss the "Stillwater
Park Urban Renewal Project" (hereinafter called "Project")in an area (here-
inafter called 'Project Area") located in the City; and
WEEMS, the Agency has offered to Bell and the Redeveloper Is willing
to purchase certaia 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 is hereinafter called 'Property") and to redevelop
the Property for and in accordance with the uses specified in the Declaration
of Restrictions recorded in Penobscot Registry of Deeds, Book 2113, Page 835
and in accordance with the agreement: and
WHEREAS, the Agency believes that the redevelopment of the Property pur.
ant to the Agreement, and the fulfillment generally of the Agreement, are in
the vital and beat interests of the City and the hmlth, 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 undertaken and is being assisted:
NOW, THEREFORE, in consideration of the promisee and the mutuaL obliga-
tions of the parties hereto, each of them does hereby covenant and agree with
the other as fell own:
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 th Agency and pay therefor, the answer of
One Thousand Two Hundred dna 00/100 Bollard ($ 1,200.00 ),
hereinafter called 'Rurchaee Price", to be paid In cash or by certified check
e imultanaously 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 Beed (hereinafter called "Peed"). Such conveyance
and title shall, in addition to the condition subsequent provided for in
Section 704 hereof, and to all ocher conditions, c ronce, and restrictions
rme
set forth o referred to elsewhere in the Agreent ems
be subject to the ter,
If any, set
forth on said Schedule A, attached hereto.
(b) Time and Place for Delivery of Beed. The Agency shall deliver the
Deed and possession of Che Property to the Redeveloper o
19 ma
osuch earlier date as the partied hereto y mutually agree
writing Conveyance shall be made at the principal 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) nyportio,ment of Current Taxes. The portion of the current taxes,
if arch, on Me Properey mbi<h ax alien on the date of delivery of the Deed
to the Redeveloper allocable to buildings and other improvement! which have
been demolished c om
xoved frthe Property by the Agency SM11 be bores 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 Beed. If the amount of the current taxes on the Property is
not ascertainable on such date, the apportionment between the Agency end the
Redeveloper shall be on The basis of the amount of the most recently a -
tainable taxes on the Property, but such apportionment shall be subject co
final adjustment within thirty (30) days after the date the actual amount of
each current taxes is ascertained.
(d) Recordation of Deed. The Redeveloper shall promptly file the
Deed for recordation in the Penobscot Registry of Deeds at Burger, Maine.
The Redeveloper shall pay all costs (Including the coat of the Federal
documentary stamp tax on the Beed, for which stamps in the proper: amount
shall be affixed to the Beed by the Redeveloper) for do recording the Beed.
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(a) Purmer obliaationa of the Agency and the Redeveloper.
See Schedule A.
SSC. 3. 000D PAITR DEPOSIT.
(a) Amount. The Redeveloper has, prim to of simultaneously with the
execution of the Agreement by the Agency, delivered to the Agency a good faith
deposit of cash or a certified check satisfactory to the Agency in the amount
of _ iSxty and 00/100 Dollars
($60.00 ), hereinafter called 'DeposiO.-as security'Deposit".—a
for the performance of the obligations of the Redeveloper 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 oncunt of the
Purchase Price, as the casemay be, in accordance with the Agreement. The
Deposit, if cash or certified check, shall be deposited in an account of the
Agency in a bank or trust company selected by it.
(b) Interest. The Agency shall be under no obl_gation to pay o
n
interest on theDeposit, but if interest is payable thereon such interest
when received by the Agency shall be promptly paid to the Redeverloper.
(c) Application to Purchase Price. Upon written request of the
Redeveloper, the amount of the Deposit, made in cash or by certified check,
shall be applied On 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, 1f cash, or bonds or similar obligations of
the United States, including all interest payable thereon after such
termination, o , if a surety hem, the proceeds thereof, shall be retained
by the Agency as provided in Section 703 hereof.
(e) Return to Redeveloper, Upon termination of the Agreement a
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;
(i) 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 (an defined
in Section 30L hereof), certified by the Redeveloper to be a
.rue and correct copy or copies thereof:
:!deme satisfactory to the Agency that the interim mortgage
an to assist in financing the construction of the Improvements
ties been initially closed;
(L i1) 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 bond provided by the general contractor
in correction with the aforesaid construction contract which
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hand shall be in a penal arm equal to not less than ten
percent (10%) of the contract price under said construction
contract, certified by the Redeveloper to be a true and
correct copy thereof.
SEC. 4.. TIIffi FOR CCNNENC@@Nf AM CONTIETICN OF ISPROVEHENTS.
The construction of the Improvements refected to in Section 301 hereof
shall be runaround in any event within six (6) months after the date of the
Peed, and, except as otherwise provided in the Agreement, shall be completed
within eighteen (18) months after such peed date.
SEC. 5. TONS FOR CERTAIN OPIDER ACTIONS.
(a) Time for Submission of Construction Plans. The time within which
the Redeveloper shall submit its Construction Plansn (as defined in Section
301 hereof) to the Agency in any event, pursuant to Section 30L hereof, shall
be no later than one hundred twenty (130) days from the date of this Agreement.
(b) Time for Submission of Corrected Construction Plana. 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 Agency's
rejection of the Construction Plans referred to in the latest such notice.
(c) Maxlmen Time for Approved Construction Plane. In any event, the
time within which the Redeveloper shall submit Construction Plans 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'a first rejection of
the original Construction Plane submitted to it by the Redeveloper.
(d) Time for Agency Action on Change in Construction Plane. The time
within which the Agency may reject any ebenge In the Conatructfon Plane, a
provided in Section 302 hereof, shall be forty-five (45) days after the date
of the Agency's receipt of notice of snub change.
(e) Time for Submissionf Evidence of Equity Capital
Financing. The time within which the Redevelaper 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
( ) days after the date of written notice to the
Redeveloper of approval of the Construction Plane by the Agency or, if the
Construction Plane shall be deemed to have been approved as provided in Section
301 hereof, after the expiration of thirty (30) days following the date of
receipt by the Agency of the Construction Plans so deemed approved.
SRC. 6. PERIM OF PUPATION OF COVENANP ON PEE.
The covenant pertaining to the uses of the Property, set forth in Section
401 hereof, shall remain in effect from 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 may be exceeded by proper arrogance of
the Declaration of Restrictions, on which date, as the case may be, such
covenant shall terminate.
SEC. ). NOTICES AND DEMANDS.
A notice, demand, o other communication under the Agreement by either
parry to the other shall mmbe sufficiently given or delivered if it is
dispatched by registered or certified mail, postage prepaid, return r_celpt
requested, or delivered personally, and
(I) in the c of the Redeveloper, 1e a3dre8eed to or delivered
personally to the Redeveloper at
39-43 Broadlawn Drive
Brewer. Mane , and
(ii) in the ca of the Agency, is addressed to or delivered
personally to the Agency at City Rall, Danger, Maine
oat such other address with respect to either path party
ae that party may, from time to items, designate in writing
nd forward to the other as provided _a this Section.
SEC. R. SPECIAL PROVISIONS
This conveyance is subject to all the terms and ccrditions of the Declaration
of Restrictions for the Stillwater Park Project, tie. R-49 recorded Sr Penobscot
Registry of prods, Vol. 24, Pages 1-9.
SEC. 9. MODIFICATION OF PART II.
The following amendments and modificatio,m are hereby made in the terms,
covenants, and toad ltlons forming Part II hereof
SEC. 10. COUNTERPARTS.
The Agreement is executed in three (3) counterparts, each of which shad
cone tituts 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 ffirector
and its neat to be hereunto duly affixed and
attested by its Executive Director , and the
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Bedeveloper has Caused the Agreement to be duly executed in its name and behalf
by its president and its corporate seal to be hereunto duly affixed and
attested by its Secretary, on or as of thedayfirst above �mnitten.
fes)
Attest
In City Council Council order No,
Date
Attest:
Attest{
A True Copy, Attest:
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(Agency)
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SCHEDULE A
Description of Property
All that certain parcel or parcels of land located in the City of Hangar, County
of Penobscot, State of Maine, more Particularly described as follows:
Stillwater Park Project, Me. R-4
Parcel No. 105
Subject to the following covenants, restrictions and easements:
(if seen, so state)
Subject to telephone easements at rear of property.
further obligations of the Agency and the Redeveloper:
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