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HomeMy WebLinkAbout1972-08-14 266-Z ORDER266-Z Introduced by Councilor Zigney, Aug. 19, 1972 CITY OF BANGOR (TITLE.) (ffirbfr, Authorizing theCity Treasurer to accept. e tle to the City Hall lot upon payment of the purchase price By tM City Caused of the City of Bangor: ORDRRRDo THA;, the City Treasurer is hereby authorized and directed to accept delivery of the attached deed to the City Hall lot, so called on behalf of the City of Bangor; and BE IT FURTHER ORDERED: THAT, the City Treasurer pay to the Urban Renewal Authority of the City of Bangor, the am of Fifty -Five Thousand Dollars ($55,000.00) for the purchase of said property. e5'_ 266—Z RECEIVED 197Z JUL 31 AH 8:40 0 R D E R CITY CLERK'S OEF{fi€le, CITY 04 ! iX50F. MANE ,,, city, peas: to Accept xixle ro., .. IN CITY CgINCIL Aug. 14. 1972 PASS® ....914X.da??. FPt..................... Clxv CLZRK trOALeed and Filed by l\ C wc' KNOW ALL MEN BY THESE P RES ENT S, THAT THE URBAN RENEWAL AUTHORITY OF THE CITY OF BANGOR, a public body, corporate and politic duly created and existing under the Laws of the State of Maine and located at Bangor, County of Penobscot, State of Maine, in consideration of One Dollar ($1.00) and other good and valuable considerations paid by the City of Bangor, a body corporate, located at Bangor, in the County of Penobscot, and State of Maine, the receipt whereof is hereby acknowledged, does hereby remise, release, sell and forever quit -claim unto the said City of Bangor, its successors and assigns forever, a certain lot or parcel of land together with the buildings thereon located in said Bangor, bounded and described as follows, viz: Beginning at the intersection of the southerly line of Hammond Street and the generally easterly line of Columbia Street; thence southwesterly along the said easterly line of Columbia Street, one hundred and seventy-three (173) feet, more or less, to the northwesterly corner of land now or formerly owned by Abe L. Goldsmith and Ida B. Goldsmith; thence southeasterly, along the generally northerly line of said Goldsmith land, ninety-four (94) feet, more or less, to land now or formerly owned by Kirstein Holding Co.; thence northeasterly, along land of said Einstein Holding Co. and land now or formerly owned by Bangor Hydro -Electric Co. and land now or formerly Owned by the Urban Renewal Authority of the City of Bangor one hundred and three (103) feet, more or less, to the southwest corner of a parcel of land conveyed by Samuel Larrabee and Sidney Thaxter to the City of Bangor by deed dated July 19, 1851 and recorded in the Penobscot Registry of Deeds in Vol. 218, page 23; thence southeasterly, ten (10) feet, more or less, to the southeasterly corner of said parcel conveyed to Larrabee and Thaxter to the City of Bangor; thence northeasterly, along the easterly line of said parcel conveyed by Larrabee and Thaxter to the City of Bangor and the westerly lines of parcels conveyed by the City Of Bangor to the following: Joseph C. Stevens by deed dated July 19, 1851, recorded in said Registry in Vol. 219, page 69; Patrick Wall by deed dated July 18, 1851, recorded in said Registry in Vol. 219, page 78; John S. Jennes by deed dated July 19, 1851, recorded.in said Registry in Vol. 383, page 486; and Samuel Larrabee by deed dated July 19, 1851, recorded in said Registry in Vol. 218, page 19, a distance of One hundred and twenty (120) feet, more or less, to the said southerly line of Hammond Street; thence westerly along the said southerly line of Hammond Street, one hundred and twenty-one (121) feet, more or less, to the point of beginning. Being the same +promises conveyed to the Urban Renewal Authority of the City of Bangor by the Inhabitants of the City of Bangor by deed recorded in said Registry in Vol. 2162, Page 668. This conveyance is made upon the following express conditions, covenants, and restrictions, for breach of which said Grantor may enter and revest itself title to the premises granted hereby as if this deed had never been given, or exercise any other remedies hereinafter set forth: 1. This conveyance is expressly made subject to all of the provisions, terms and conditions contained in the Declaration of Restrictions for Renduskeag Stream Urban Renewal Project, Project No. Maine R-7, recorded in Penobscot Registry of Deeds, Volume 2152, Page 367. As a condition of this conveyance, the granteeagreesthat the Grantor may at any time change the Declaration of Restrictions in any manner so long as said changes do not adversely affect the use and enjoyment of the premises of the Grantee. 2. Grantee covenants and agrees for itse-f and its successors and assigns in and to the Property, that the Grantee and such successors and assigns shall not erect or use any buildings or structures an said Property for any other purpose than for those uses permitted by the aforesaid Declaration o' Restrictions to be erected on Parcel P-7 referred to therein. Such structures shall be constructed and used only in compliance with the Declaration of Restrictions, the City of Bangor Building Code, Zoning Ordinance, and all other applicable ordinances and State laws for said Renduskeag Stream Project. (a) Grantee cants and agrees that the Grantee shall promptly begin and diligently prosecute to completion the redevelop- ment of the Property through improvements thereon provided to be made in cordance with the aforesaid Declaration of Restrictions, Construction of the Improvements shall be commenced i any event within twelve (12) months after the date of this deed and, except s otherwise provided in this Agreement, shall be completed within twenty-four (24) months after such date. (b) Promptly after completion of the Improvements on the Property, Grantor will furnish Grantee with an appropriate instrument o certifying. Said certification by the Grantor shall be in recordable form and shall be a conclusive determination of satisfaction with respect to the Improvements of the above-described Property of Grantee. 3. (a) The Grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them that Grantee and its successors and assigns, and all persons claiming under or through them, shall: (i) Devote the Property to, and only to and i accordance with, the uses specified in the Declaration of Restrictions effect as of the date of this conveyance. (ii) Not discriminate upon the basis of race, color, sed or national origin in the sale, lease o- rental or in the use of occupancy of the Property or any Improvements erected or to be erected thereon, or any part thereof. (b) It is intended and agreed that the agreements and covenants provided in this section shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwiseand except only as specifically provided in this Deed, be. to the fullest extent permitted by law and equity, binding for the benefit and in favor of and enforceable by Grantor, its successors and assigns, the City of Bangor, Maine, any successor in interest to the Grantee of the Property or any part thereof. and the Owner of any other land (or of any interest in such land) in the Project Area, and the United States (in the case of the covenant provided n Subdivision (ii) of Subsection (3a)hereof) against the Grantee, its successors and assigns, to or of the Property or Of any part thereof orany interest therein and any party in possession or icupancy of the Property or any past thereof. It is further ntended and agreed that the agreement and covenant provided is e clause (a) (i) shall r effect until June 22, 1984, and during the term of any extension of said Declaration of Restrictions (at which time such agreement and covenants shall terminate), and those provided in clause (a) (ii), shall remain in effect without limitation as to time; Provided, that such agreements and covenants shall be binding on the Grantee itself, each successor in interest or assign, and each party in possession o occupancy, respectively only for such period as they shall have title to or an interest in or possession or occupancy of the Property or part thereof. (c) In amplification, and not .n v restriction of the provisions of the previous subsectionit is agree that the Grantor is deemed a beneficiary of the agreements and covenants provided in subsection (a) of this section in its own right and also for the purposes of protecting the interests of the community and the other parties, public or private i whose favor or for whose benefit v such agreements and covenants have been provided. It is also agreed that the United States shall be deemed a beneficiary of the covenant numbered 3. (a) (ii). Such covenants shall run in favor of the Grantor and the United States for the entire period during which such agreements and covenants shall be in force and effect, without regard to whether Grantor or the United States has at any time.been, remains, or is an owner of any land or interest therein to, or in favor of which such agre ents and covenants relate. Grantor and the United States shall have the right, in the event of any breach, to maintain any action to enforce the curing of such breach of agreement or covenant. 4. (a) In the event prior to completion of the improvements as certified by Grantor: (i) Grantee (or successor in interest) shall default in or violate their obligations with respect to the construction of the Improvements (including the nature and the dates for the beginning and completion thereof) or shall abandon or substantially suspend construction work, and any such default or violation, abandonment, or suspension shall not be cured, ended, or remedied within three (3) months (six (6) months if the default is with respect to the date of completion of the Improvements) after written demand by the Grantor so to do, or (ii) There is any transfer of the Property or any part thereof, and such violation shall not be cured within thirty (30) days after written demand by the Grantor to Grantee; then Grantor shall have the right to re-enter and take possession of the Property and to terminate (and revert to the Grantor) the estate conveyed by this Deed to the Grantee, it being the intent that the conveyance of the Property to the Grantee is made upon a condition subsequent; Provided, that such condition subsequent and any revesting of title a a result thereof in Grantor shall always be subject to and limited by the lien of any mortgage executed for the purpose of obtaining funds to construct the improvements and to acquire the subject property. (b) In addition to the right of. the Grantor to revest itself of the title for the breach of the condition subsequent of this conveyance, Grantor shall have the right to institute any actions or proceedings, including the right to enforce all the terms and conditions of this conveyance by injunction, legal and equitable actions in the nature of forcible entry and detainer, writs Of possession and all other lawful process for the enforcement of the same; Provided, that any delay by the Grantor in instituting or prosecuting any such actions or proceedings or otherwise asserting its rights under this section shall not operate as a waiver of such rights and shall not operate to deprive it of or limit such rights in any way (it being the intent of the provision that Grantor shall not he constrained so as to avoid the risk of being deprived of or limited in the exercise of the remedy provided n this section 4 because of concepts of waiver, laches, or Otherwise) to exercise such remedy at a time when it may still hope otherwise to resolve the problems created by the default volved, nor shall any waiver in fact be considered as a waiver of the rights of Grantor with respect to any other defaults by Grantee. 1 HAVE AND TO HOLD the same, together with all the privileges and appurtenances thereunto belonging to the said city of Bangor its successors and assigns forever. And it does covenant with the said City of Bangor. its successors and assigns, that it will warrant and forever defend the Premises, to the said City of Bangor, its successors and assigns forever, against the lawful claims and demands of all persons claiming by, through or under the Grantor herein. IN WITNESS WHEREOF, the said Urban Renewal Authority of the '. City of Bangor. Grantor, has caused this deed to be signed, sealed acknowledged and delivered in its name and behalf by Harold L. Thurlow, its Executive Director, hereunto duly authorized, and said Grantee, the City of Bangor has caused thia instrument to be sealed with its corporate seal and signed in its corporate name by Merle F. Goff, its Manager, thereunto duly authorized, this day of in the year of our Lord one thousand nine hundred and seventy-two Signed, Sealed and Delivered in the presence of: STATE OF MAINE County Of Penobscot, as. A. D. 1972 Then personally appeared the above named Harold L. Thurlow, Executive Director o£ the Urban Renewal Authority of the City of Bangor and acknowledged the above instrument to be his free act and deed in his said capacity. Before me, . . . . . Justice of the Peace