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HomeMy WebLinkAbout1970-02-23 87-X ORDERIntroduced by CaLLnc tIo}Cas, Feb. 23, 19701_g ry'p CITY OF BANGOR (TITLE.) l rbtrf_.. Approving Proposed Contract for Sale of Land in. the Stillwater Park Urban Renewal Project Parcel No 176 (B-13) By the Cup Coaneil Of his my Of Barren. ORDERED, TEAT WHEREAS, the Urban Muscat Authority of the City of Bangor proposes to enter into a contract for the sale of parcel numbered 176 (B-13) in the Stillwater Park Urban Renewal Project with F. Norman and Elizabeth X. Webb ; aM ITEMS, the said F. Norman and Elizabeth X. Webb has offered to pay the am of Two Hundred and ----00/100 Dollars ($200.00) 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 Laws of Mine, 1957, as mended, City Council approval of all contracts for the sale of land within the project area is required; &ad WHEREAS, the Urban RmenIal rity has filed a copy of the proposed contract with F. Norman & Elizabeth in the office of the City Clark; New, THEREFORE, BE IT ORDERED: THAT the proposed contract on file with the City Clerk be add is hereby approved. f _ Title, IN CITY COONCIL Feb. 23, 1970 PASSM 67-X ORDER AeproPinor PioS,read Contract sale of land in Stillwater Pk- Parcel 0176(B-13) .......................... hoduced and Filed by CowciLem _ Revised April 16, 1968 CONTRACT FOR SALE OF LAND (OFFER AND ACCEPTANCE) STSLLATER PARE PROJECT PROJECT NO. HE. R-4 Dote � O TO: Urban Renewal Authority of the City of Bangor ('Seller") City Bell Bangor, Wine OYPBA: herein called 'Buyer, offers to buy, sub ct to the terms est forth herein, the following described lend: Sea Schedule A attached. TIb'ExxKYY3Y" CbfXV tt`NOWINhVJNQCQCX NdCQIX � � IsICKNNARP x�6rA,ter,u.`(�cxi�x�sc>ra�»�%wvgegr�fRx�pox>ry ;6`¢cn€'6126'(MXE:NIBS,�AbSlXx;y,xrr�xxxX(xzk%i(xxxRr.l+umBK E. Buyer will per Two Hundred Collars ($2DO.00 ) for said land is rash within nee hundred and twenty (1zo) days after the acceptance of this offer by Beller. The Authority may grant additional time upon written request from the Buyer. 3. Conveyance of said land shell be made by Warranty Owed, subject to all easements of record, the Oeclaratfon of Restrictions for Stillwater Park Project, Bangor, Wine, R-4, which was recorded in Values 0113, Page 385 of Penobscot Registry of Deeds, and to those conditions set forth hereinafter to which Buyer expressly agrees. (e) (1) The Buyer herein coverenta by and for himself, his heirs, executors, administrators and assigns and all persons claiming under or through them, that Buyer add such heirs, executors, administrators; and assigns and all persons claiming under or through them shall: (1) Nevote the Property to and only to and In accordance with the uses specified in the Declaration of Restrictions and as it may be here- after amended from time to time; (2) Not discriminate upon the basis of race, calor, Creed or national origin in the sale, lease or rental or in the use or occupancy of the Property or any Improvements erected or to be erected instead,or any part thereof. (ll) It is intended and agreed that the agreements and covenants provided in Chia section shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designa- tion, legal or othe miss, and except only a specifically provided in this Agre - ment, be, to the fullest extent permitted by law and equity, binding for the benefit and in favor of, and enforceable by, Seller, its successors and assigns, the City of Bangor, any successor In interest to the Buyer of the Property, and the owner of any other laud (or ofcany interest in such land) In the Project Area which is subject to the land use requirements and restrictions of the De- claration of Restrictions, and the United States (ir. the case of the covenant provided in subdivision (2) of subsection (f) hereof) against the Buyer, his successors add assigns, to or of the Property or any interest therein, and any party 1n possession or occupancy of the Property. It is further intended and agreed that the agreement and covenant provided in clause (1) (1) shall remain in effect until January 22, 2022, add during the term of any extension thereof, (at which time such agreement and covenant shall terminate), and those provided in clause (i) (2) shall remain in effect without limitations as to time: Provided, that such agreements and covenants shall be binding on Buyer himself, each successor in interest or assign, and each party in possession or occupancy, respectively, only for such period as he shall have title to or an interest in or possession or occupancy of the Property. (fill In amplification, and not in restriction, of the provisions of the preceding subsection, it is intended and agreed that Seller and City of Bangor shall be deemed a beneficiary of the agreements and covenants provided in subsection (i) of this section both for and in Its own right add also for the purposes of protecting the interests of the community and the other parties, public or private, in whose favor or for whose benefit such agreements and cove- nants have bean provided. Such agreements and covenants shall run in favor of Seller and City of Budget for the entire period during which agreements and -2 covenants shall be in force and effect, without regard to whether Seller and City of Bangor has at any time been, remains, or is an owner of any land or interest therein to, or in favor of which such agreements and covenants relate. Seiler and/or City of Bangor shall have the right, in the event of any breach of any such agreement or covenant, t0 exercise all the rights and remedies and to maintain any actions at law or suits in equity cr other proper proceedings to enforce the curing of such breach of agre ment cr covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled. (b) To construct one (and not more than ane) standard dwelling house (single family) upon the land which will meet the minimum requirements as set by City of Bangor ordinances and the Declaration of Restriction. Construction must start within six (6) months of the date the Deed is recorded in the Buyer's name, and completion must be accomplished within twelve (12) months of date of commencing construction. Plane for said dwelling house will be subject to re- view by Seller prior to conveyance of the land, Within ninety (90) days of the date of the acceptance of the offer by Seller, Buyer agrees to Submit Construc- tion plana for approval by Seller, and evidence satisfactory to the Seller of Buyer's ability to finance the construction of the proposed Improvements. (c) M In the event that prior to completion of the Improvements as certified by Seller: (1) Buyer (or successor In interest) shall default in or violate his 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 for completion of the Improvements) after written demand by the Seller so to do, or (2) There is, in violation of this Agreement, any transfer of the Property or any change in Ownership of the Property, and such violation shall not be cured within thirty (30) days after written demand by the Seller to Buyer; then Seller shall have the right to re-enter and take possession of the Property and to terminate (and revert to the Seller) the estate conveyed by the -3- Warranty Deed to the Buyer, it being the Intent that the conveyance of the Proper- ty to the Buyer shall be made upon a condition subsequent to the effect that in the event Of any default, failure, violation or other action or inaction by the Buyer specified in clauses (1) and (2) Of this subsection (i), faulure oa the part of the Buyer to remedy, end or abrogate such default, failure, violation or other action or inaction within the period and in the manner stated in said clauses, Seller at its option may declare a termination in favor of the Seller of the title, and Of ail the rights and interest in the Property conveyed by the Warranty Deed t0 the Buyer and that such title and all rights and interest of the Buyer and any assigns or successors in interest in the Property shall revert to the Seller Provided, that such condition subsequent and any revesting of title as a result thereof in Seller shall always be subject tc and limited by, am shall not defeat, render invalid or limit In any way (1) the lien of any martgage authorized by this Agreement and executed for the sole purpose of obtaining funds t0 construct the Improvements, and (2) any rights Or interest provided in this Agreement for the protection of the holders of such mortgagee. (if) Seller shall have the right to institute such actions or proceedings as It may deem desirable for effectuating the purposes of this section (a), including also the right to execute and record or file with the Penobscot Registry of Deeds, a written datlaration of the termination of all rights and title of Buyer and his successors in interest and assigns in the Property, and the revesting of title thereto in the Seller; Provided, Gat any delay by the Seller in instituting or prosecuting any such actions or proceedings of otherwise assert- ing its rights under this section shall not operate as a waiver Of such rights or t0 deprive it of or limit such rights in any way (it being the intent of this pro- vision that Seller should not be constrained so an to avoid the risk of being de- prived of or limited in the exercise of the remedy provided in this section (c) because of concepts of waiver, Sachem or otherwise) to exercise such remedy at a time when it may still hope otherwise to resolve the problems created by the de- fault involved, nor shall any waiver in fact made by Seller with respect to any specific default by Buyer under this section (c) be considered Or treated as a waiver of the rights of Seller with respect to any other defaults by Buyer under this section or with respect to the particular default except to the extent spe- cifically waived. -4- (d) The Buyer represents and agrees that his purchase of the Property and his other undertakings pursuant to this agree ment ate and will be used for the purpose of redevelopment of the Property and notfor speculation in Sand holding. The Buyer further recognizes that the qualifications and identity of the Buyer are of particular concern to the community and the Seller, The Buyer further recognizes that it 1s because of such qualifications and identity that the Seller is entering into this Agreement with the Buyer, and in so doing is 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 any eatery bond or similar undertaking. for the foregoing reasons, the Buyer represents and agrees for himself and any successor in interest that except only by way of security for and only for the purpose of obtaining financing necessary to enable the Buyer or successor in interest to perform his obligations with respect to making the Improvements under this agreement, the Buyer (except as so authorized) has not made or created and that he will not, prior to the pro- per completion of the Improvements as certified by the Seller, make or create or Suffer to be made or created any total or partial sale, assignment, conveyance or lease or any trust or power or transfer in any other mode or form of or with aspect to thin Agreement or the Property or any interest therein or any contract or agreement to do any of the Same without prior written approval of the Seller. The Seller shall be entitled to require as conditions to any such approval that: (I) any proposed transferee shall have the qualifications and financial responsibility, as determined by the Seller, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Buyer; (i£) There has been submitted to the Seller for review, and the Seller has approved, all instruments and other legal documents involved in affec- ting transfer; (Iii) The consideration payable for the trace far by the transferee or on his behalf shall not exceed an amount representing the actual coat (inclu- ding carrying chargee) to the Buyer of the Property and the Imptovemente, if any, theretofore made thereon by him; it being the intent of this provision to pre- clude assignment of this Agreement or transfer of the Property for profit prior to the completion of the Improvements and to provide that in the event any such assignment or transfer is rude (and is not cancelled), the Seller shall be entitled to increase the purchase price to the Buyer of the Property provided in Section 2 -5- of this Agreement by the amount that the consideration payable for the assignment or transfer is in excess of the amount authorized in this paragraph, and such consideration shall, to the extent it 1s in excess of the amount so authorized, belong and be paid to the Seller. (iv) The Buyer and his transferee shall comply with each other conditions as the Seiler may find desirable in order to achieve and safeguard the purposes of Chapter 168 of the Private and Special Laws of Maine, 1957, as emended, and the Declaration of Restrictions as it may be amended, and the Federal Bassing Act of 1949, as amended: Provided, that in the absence of spe- cific Witten agreement by the Seller to the contrary, no such transfer or ap- proval by the Seller thereof shall be earned to relieve the Buyer or any other party bound in any way by this Agreement or otherwise with respect to the con- struction of the Improvements from any of his obligations with respect thereto. (e) None of the provisions of this Agreement are intended to or shall be merged by reason of any Deed transferring title to the property from the Seller to the Buyer or any sutceesor in interest, and any such Deed shall not be deemed to affect or impair the provisions and covenants of this Agreement. (f) For the purposes of any of the provisions of this Agreement, neither the Seller nor the Buyer, as the case may be, nor any successor in inter- est, shall be considered in breach of or default 1n its obligations with respect to the preparation of the Property for redevelopment, or the beginning and com- pletion of construction of the Improvements, or progress with respect thereto, in the event of delay in the performance of such obligations due to unforeseeable causes beyond his control and without his fault or negligence, including, but not restricted to, acts of Cad or of the public anemy, 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 the occurrence of any such delay, the time or times for performance of the obligations of the Seller with respect to the preparation of the Property for redevelopment or of the Buyer with respect to construction of the Improvements, as the case may be, shell be extended for the period of the delay; Provided, that the party seeking the benefit of the provisions of this section shall, within sixty (60) days after the beginning of any such delay have first notified the -6- other party thereof in canting, and of the cause or causes thereof and requested an extension for the period of the delay. (g) Prior to the completion of the Improvements by the Buyer, neither the Buyer nor any successor to interest to the Property shall engage in any finan- cing or any other transaction creating any mortgage or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attach to the Praperty, except, and only to the extent necessary, for the purpose of obtaining funds for making the Improve- ments. mprovementi. It is further agreed that the Buyer (or successor in interest) shall notify the Seller in advance of any mortgage financing he proposes to enter Into with respect to the Property and in any event that he shall promptly notify the Seller of any encumbrance or lien that has been crea"d on or attached to the Property, whether by voluntary act of the Buyer or otierwiee. (h) Notwithstanding any of the provisions of this Agreement, including but not limited to Chose representing covenants running with the land, the holder of any obligation authorised by this Agreement (including any such holder who ob- tains title to the property as a resolt of foreclosure proceedings or action in lieu thereof, but not including (1) any other party was thereafter obtains title to the property from or through such bolder or (2) any other purchaser at fore- closure sale other than the holder of the obligation itself) shall in no wise be obligated by the provisions of this Agreement to construct or complete the Improve- ments or to guarantee such construction or completion; nor shell any covenant or any other provision in the peed be construed to so obligate such holder: Provided, that nothing in this section or any other section or provision of this Agreement shall be deemed or construed to permit or authorize any such holder to devote the property or any part thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provided or authorized in the Declaration of Restrictions, ordinances of the City of Bangor, and this me Agreent. 4. No member, official or employee of the Seller shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, of- f£cfal or employee participate is any decision relating to this Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is, directly or indirectly, Interested. No member, official or employee of the Seller ahall be personally liable to the Buyer or any -7- aucceaaax in interest in the even[ of any default or breach by the Seller 01 for any amount which may become due to the Buyer or successor or on any obligations under the terms of this Agreement. r before [M1e closing date 5. Taxes and special assessments, if any, due on o shall be paid by Seller. 6. Buyer herewith tenders M✓!v Q o£ [M1e offered Dollars ($ ) which sum Is at least five percent (5%J pure pricas earnest money to become a part of the payment of the purchase price of the lead upon acceptance of this offer by Seller. This sum shall be held by Seller and if this offer is not accepted, it shall be returned to Buyer, without interest. It shall be retained by the Seller for reimbursement as liquidated damages to partially offset expenses incurred by the Seller for legal advertising, title search, internal Authority administrative actions or otherwise if the Buyer falls to complete the purchase of said land within the time specified in Paragraph 2 herein. ). This offer is binding upon Buyer if accepted by Seller within Sixty (60) days and cannot be withdrawn during this time. If not accepted by Seller within sixty (60) days, it Is out emetically cancelled and expires, in which case the earnest money shall be promptly refunded to Buyer, without interest. B. Closing of purchase shall take place not more than one hundred twenty (120) days, or as otherwise specified in Paragraph 2 hereof, from date of accept- ance of this offer by Seller: and notification to Buyer [hereof by returning to Buyer one (1) accepted copy of this offer to the address indicated below. The laud shall be conveyed to the Buyer by a Warranty Deed on date of closing. 9. The Seller may or the Buyer shall promptly file the Deed for recordation to the Penobscot Registry of Deeds at Bangor, Maine. The Bayer shell pay all costs (including the cost of any zeal estate transfer [ax on the Deed, for which scamps in the proper amount shall be affixed to the Deed by the Buyer) for so recording the Deed. 10. Promptly after completion of the Improvements in accordance with this Agreement, the Seller will furnish the Buyer with an appropriate instrument so certifying. The certification by the Seller shall be (and it shall be so provided in the Beed and in the certification itself) aconclusive determine tion of Seats - faction and termination of the covenants in theAgreement and the Deed with respect -8- to the obligations of the Buyer and his heirs and assigns to construct the Improve - mate and the dates for the beginning and completion thereof. The certification shall be in such form as will enable it to be recorded, If the Seller shall ,{re- fuse -fuse or fail to provide the certification, the Seller shell, within frit -VA, r W) days after written request by the Buyer, provide the B with a written statement Indicating in adequate detail how the Buyer Me failed to complete the Improvements in conformity with the Urban Removal Plan or this Agreement, or is otherwise in default, and what measures or seta 1t will be necessary, in the opinion of the Seller, for the Buyer to take or perform in order to obtain the certification. 11. The word "Buyer" in this agreement shall be construed to mean both the Plural and singular number, In any grader, and to mean not only the party thereby designated, but also his, her or their respective heirs, assigns, executors, ad- ministrators or successors to interest, or, in the "eat that any such party is a corporation, its or their successors or assigns. M. Witness Buyer Buyer ¢y j/ �AbO4 ✓.&/jp�Q Address � Telephone In City Council Council order no._ Cate A True Copy, Attest City Clerk -9- Schedule P certain lot or parcel of land located in Bangor, County of Penobscot, State of Maine, bounded and described as follows, v1r. Lot numbered 176 (B-13) as shown on Plan of Land entitled "Stillwater Park Project, Bangor, Penobscot County, Maine, Urban Renewal Authority of the City of Bangor, Project Me, R-4" consisting of nine (g) pages and nreco recorded excepting in Penobscot Registry of Been- in plan Book 24, pages I to 9, i therefrom a portion of said Lot 176 (0-13) convened by the Grantor herein to Maureen F. Hawksley by deed dated Oecember 30, long. bounden and described as follows: Beginning at the northwesterly corner of said Lot 176{ thence southerly along the westerly line of Lot 176 a distance of 43.03 feet hence easterly parallel with the southerly line of Lot 175 a distance of 99 feet to a point n the easterly line of Lot 176: thence northerly along the easterly line of Lot 176 43.03 feet to the northeasterly corner of said lot; thence westerly along the dividing line tetxeen Lots 175 and 176 99 feet to the point of beginning. Schedule B It is agreed between the parties that the land subject to this Agreement shall be used only to augment the size of buyer a lot adjacent to the subject land. Ther a to be - struCb;res bull[ thereon snd buyer a Orl'g,- clans inner this Agreement shall mergowith the dead upon its cepta nce. It is specifically understood be ween parties that n obl igatione exists for the buyer to construct any buildings and any orovIblors of this Contract with regard to construction and < moletion of a residence dwelling shall be null and void.