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HomeMy WebLinkAbout1969-02-24 97-W ORDER9]-W Introduced by Councilor Houston, Feb. 24, 1969 CITY OF BANGOR (TITLE.) Wrberi_-Approving Proposed ConFract_ for. Sale of Landin theStillwater Park Urban Renewal Project - Parcel No . 22-12 By the City Casual ofdto Oily of Bangor; ORDERED[ THAT WHEREAS, the Urban Renewal Authority of the City Of Bangor proposes to enter into a contract for the sale of parcel nmbered 22-12 In the Stillwater Park Urban Renewal Project with George W. & Marion E. Chebba ; and WHEREAS, the said George W. and Marion E. Chebba has offered to Pay the am of Five Hundred Dollars ($500.00) for said parcel said price being the Hiatuses approved price for said parcel as established by the Urban Renewal Authority and approved by the Department of Housing and Urban Development; and WHEREAS under the provisions of Chapter 160 of the Private and Special Laws of Mame, 1957, as amended, City Council approval of all contracts for the sale of land within the project area is required; and MAHAR, the Urban Renewal Auc�hrltbahas filed a copy of the proposed contract with George W. s Marion E. In the office of the City Clerk: NOW, THEREFORE, BE IT CRIME: THAT the proposed contract on Elle with the City Clerk be and is hereby approved. 9]-W ORDER J i OFFICE Sale of land in Stillwater Pk.. m .................. 0............... IN CITY COPNCIL Feb. 24, 1969 PASSED ,G•{4ixt.; Pagel No, 22I12v . . . . . ... .. nnlntzadeced aM filed by C Councilman Revised April 16, 1968 CONTRACT FOR SALE OF LEND (OFFER AND ACCBPTANCB) STILLWATER PARR PROJECT PROJECT NO. ME. R-4 Date TO: Urban Renewal Authority of the City of Bangor ("Seller') City Well Bangor, Maine OFFER: 1. Georoe W. and Marlon E. Ohebba herein celled "Buyer," offers to buy, subject to the terms set forth herein, the following described land: See Schedule A attached. kaR%%pMWNxYaa%%%xxx%xxxXXxixcB%dXdxlcxK%xE;4rixbixl{%Y�Mxgf;6A1{48X :(Akkk)RIRAARxRiTk%AR9(IaRRY%kxagRXXNAYJ[ApxRRItXBiblM1xyYYaxAIIXY SIR4dR/RRW4ARk%9:SWlAKk¢9IX4[YXKpC(R%klf%gXX6xpgax{%RYa$axKydlMXlS%#X% aARakxMkegxRk:(xknar$A%n4RgxxtxaawtaxaYdadxYa.O•axoNattaYSE[gYxYYg:: A§xdY.afla%k0.%R1fifRYARRKX%%kX%fY1fQYaXX%Y%%%Cd%X%M%AY%1aRkRAiVJf% 2. Buyer will pay Five hundred Dollars ($500.00 ) for said land in cash within one hundred and twenty (120) days after theacceptance of this offer by Seller. The Authority may grant additional time upon written request from the Buyer. 3. Conveyance of said land Shall be made by Warranty Deed, subject to all easements of record, the Declaration of Restrictions for Stillwater Park Project, Bangor, Maine, R-4, which was recorded in Volume 2113, page 385 of Penobscot Registry of Deeds, and t0 those conditions vet forth hereinafter to which Buyer expressly agrees. (a) (i) The Buyer herein covenants by and for himself, his heirs, executors, administrators and assigns and all persons claiming under or through them, that Buyer and such heirs,executors, administrators and assigns and all persons claiming under or through them shall: (1) Devote the Property to and only to and 1n 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 cx occupancy of the Property or any Improvements erected or to be erected thereon, o any part thereof. (11) 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 designa- tion, legal or otherwise, and except only as specifically provided in this Agree- 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 Land (or of -any interest in such Land) in the Project Area which is subject to the Sand use requirements and restrictions of the De- c Laxation of Restrictions, and the United States (in the case of the covenant provided in subdivision (2) of subsection (i) hereof) against the Buyer, his successors and assigns, to or of the Property or any interest therein, and any party in 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, and during the tem of any extension thereof, (at which time such agreement and covenant shall terminate), and those provided is clause (1) (2) shall remain In effect without Limitations as to time: Provided, that such agreements and covenants shall be binding an Buyer himself, each successor in interest or assign, and each party in possession or Occupancy, respectively, only for such period as he shall have oft Se to or an interest In or possession or occupancy of the Property. (Iii) In amplification, and act 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 (L) of this section both for and in its own right and 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 - cents have been provided. Such agreements and covenants shall run in favor of Seller and City of Bangor 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 Sand or interest therein to, or In favor of which such agreements and covenants relate. Seller and/or City of Bangor shall have the right, in the event of any breach of any such agreement or covenant, to exercise all the rights and remedies and to maintain any actions at law or suits in equity of ether proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled. (b) To construct one (and not more than one) 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 westrlctions. Construction must start within six (6) months of the date the Brad 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 plane for approval by Seller, and evidence satisfactory to the Seller of Buyer's ability to finance the core traction of the proposed Improvements. (c) (I) In the event that prior to completion of the improvements as certified by Seller: (L) Buyer (or successor in rester et) shall default 1n or violate his obligations with respect to the constrmtion 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 Dead 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 on 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 =met stated in said clauses, Seller at its option may declare a termination in favor of the Seller of the title, and of all the rights and interest in the Property conveyed by the Warranty Deed to 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 to and limited by, and shall not defeat, render invalid or limit in any way (1) the lien of any mortgage authorised by this Agreement and executed for the sale potence of obtaining funds to construct the Improvements, and (2) any rights or interest provided in this agreement for the protection of the holders of such mortgages. (ii) Seller shall have the right to Institute such actions or proceedings as it may deem desirable for effectuating the purposes of this section (c), including also the right to execute and record or file with the Penobscot Registry of Deeds, a written declaration of the termination of all rights and title of Buyer and his successors In interest and as signs in the Property, and the revesting of title thereto in the Seller; Provided,that any delay by the Seller in instituting or prosecuting any such actions or proceedings or otherwise assert- ing its rights under this section shall not operate as a waiver of such rights or to deprive it of or limit such rights in any way (1t being the intent of this pro- vision that Seller should not be constrained so as to avoid the risk of being de- prived of or limited in the exercise of the remedy prcvlded In this section (c) 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 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 ape- cffically waived. -4- (d) The Buyer represents and agrees that his purchase of the Property and his other undertakings pursuant to this Agreement are and will be used for the purpose of redevelopment of the Property and not for speculation in land 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 is because of such qualifications and identity that the Seller is catering 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 surety 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 be 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.urust or power or transfer in any other mode or form of or with aspect to this 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: (1) 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; (if) 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; (i11) The consideration payable for the transfer by the transferee or on his behalf shall not exceed an amount representing the actual coat (inclu- ding carrying charges) 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 assignment of this Agreement or transfer of the Property for profit print to the completion of the Improvements and to provide that in the event any such assignment or transfer is made (and 1s 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 thin paragraph, and such consideration shell, to the extent it is to excess of the amount sc authorised, belong and be paid to the Seller. (fv) The Buyer and his transferee shall comply with such other conditions as the Seller may find desirable in order to achieve and safeguard the purposes of Chapter 168 of the Private and Specia- Laws of Maine, 1957, as amended, and the Declaration of Restrictions as it Far be amended, and the Federal Housing Act of 1949, as amended: Provided, that in the absence of spe- cific written agreement by the Seiler to the contrary,no such transfer o ap- proval by the Seller thereof shell be demand to relieve the Buyer or any other party bound in any way by this Agreement or otherwise with respect to the can - actuation of the improvements £tons 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 Dead transferring title to the property from the Seller to the Buyer or any successor in interest, and any such Deed shall not be deemed to affect or impair the provisions and reversers of this Agreement. (f) For the perfects 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 in its obligations with respect to the preparation of the Property for redevelopment, or the beginning and Coa- ptation of construction of the Improvements, at 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 God or of the public anemy, acts of the Government, acts of the other party, £fres, 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 contraction of the Improvements, as the case may be, shall 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 writing, 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 in 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 ooperation of law, or suffer any encumbrance or lien to be made on or attach to the Property, except, and only to the extent necessary, for the purpose of obtaining funds for making the Improve- ments. 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 created on or attached to the Property, whether by voluntary act of the Buyer or otherwise. (h) Notwithatanding any of the provisions of this Agreement„ Including but not limited to chose representing covenants runny with the land, the holder of any obligation authorized by this Agreement (including any each holder who ob- tains title to the property as a result of foreclosure proceedings or action in lieu thereof, but not including (I) any other party who thereafter obtains title to the property from or through such holder 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 orcompletion; nor shall any covenant or any other provision in the Deed 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 sty 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 auttorized in the Declaration of Restrictions, ordinances of the City of Bangor, and this Agreement. 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- ficial or amp Layne participate in 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 shall be personally liable to the Buyer or any -7- successor in interest in the event of any default or breach by the Seller or for any amount which may became due to the Buyer or successor or on any obligations under the terms of this Agre mea. 5. Taxes and special assessments, If any, due on or before the closing date shall be paid by Seller. 6. Buyer herewith tenders Five Hundred Dollars U BD0.0C ) which sum Is at least five percent (5%) of the offered purchase price as earnest money to became a part of the payment of the purchase price of the land upon acceptance of this offer by Seller. This sum shall be held by Seller and if this offer is notaccepted, it shall be returned to Buyer, without interest. It shall be retained by the Seiler 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 fails 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 Automatically cancelled and expires, in which case the earnest money shall be promptly refunded is Buyer, without interest. 8. 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 Beller, and notification to Buyer thereof by returning to Buyer one (1) accepted copy of this offer to the address indicated below. Me land 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 in the Penobscot Registry of Deeds at Bangor, Maine, The Buyer shall pay all coats (including the cast of any real estate transfer tax on the Deed, for which stamps 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 Deed and in the certification itself) a conclusive determination of satis- faction and termination of the covenants in the Agreement and the Deed with respect -8- to the obligations of the Buyer and his heirs and assigns to construct the Improve- ments and the dates for the beginning and completion thereof. She certification shall be in such form as will enable it to be recorded, If the Seller shall re- fuse or fail to provide the certification. the Seller shall, within ( ) days after written request by the Buyer, provide the Buyer with a written statement indicating in adequate detail how the Buyer has failed to complete the Improvements in conformity with the Urban Renewal Plan or this Agreement, or is otherwise in default, and what measures or acts it 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 header, and to mean not only the party thereby designated, but also his, her or their respective heirs, assigns, executors, ad- ministrators or successors in interest, or, in the event that any such party is a corporation, its or their successors or assigns. 12 Special Provisions --See Schedule B attached hereto. r witness ye George W. Chebba witness serer .94 DR YHe tlC,hsS't. C34N COX Address 4µ7e Ho Telephone In City Council Council Order No. Dace A True Copy, Attest: City Clerk -9- ACCEPTANCE: The above offer is accepted this day of 19_, and accordingly constitutes a binding contract for sale of land between Buyer and Beller. URBAN RENEWAL AUTHORITY OF (SEAL) THE CITY OF BANGOR By Chairman Executive Director APPROVED AS TO LEGAL FORM AND ADEQUACY: -10- Schedule A a certain lot or parcel of land located in Bangor, County of Penobscot, State of Maine, bounded and described as follnws, vizr Beginning at the Northeast corner of Lot 223 as shown on Flan of Highland Terracesurveyed by P. H. Coombs, recorded in Penobscot Registry of Deeds In Plan Book 6, page 371 thence northerly along the easterly line of said Highland Terrace Flan N 90 08. 35" d forty-nine and sixty-eight hundredths (49.60) feet to the southeast corner of Cot 221 a shown 0 said Highland Terrace Plan; thence westerly along the southerly line nf said Lot 221 5 790 20' 05" w ninety-one and seventy-nine hundredths (91.75 feet to the east line of Dartmouth Street as established and laid out by the Bangor Council order 9180-5 passed and effective September V, 1965 and recorded in the Penobscot Registry of Deeds in Vol. 2074, page 32; thence southerly along the said east line of Dartmouth Street 5 90 39' 24" E forty-nine and sixty- eight hundredths (49.68) feet to the north line of said Lot 223; thence easterly Sloop the north line of said Lot 223 N 790 20' 05" E ninety-one and thirty-five hundredths (91.35) feet to the paint of beginning, being a portion 3f said Lot 222 as shown on said Plan of Highland Terrace, Said Lot 222 having been acquired by the C'rantee by deed of Rower J. Vanidestine, dated July 9, 1963 and recorded in the Penobscot Registry of Deeds in Vol. 1901, Page 277. 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's existing lot adjacent to the subject land. There are to be no structures built thereon and toryer's obliga- tions under this Agreement shall merge with the dead upon its acceptance. It is specifically understood between Na parties that no obligation exists for the buyer to construct any buildings and any provisions of this Oontract with regard to construction and completion of a residence dwelling shall be null and void.