HomeMy WebLinkAbout1969-07-28 240-W ORDERza0-W
Introduced by Councilor Nealley, July 28, 1969
CITY OF BANGOR
(TITLE.) 4HTlbgTdApproving Proposed Cantract far.. Sale of Land in the Stillwater
Park Urban Renewal Project Parcel No 96
By the City Cwuil of the Qty ofIlanppr:
ORDERRDt
THAT WHEREAS, the Urban Renewal Authority of the City of Banger proposes
to enter into a contract for the sale of parcel numbered 96
in the Stillwater Park Urban Renewal Project with William S. and Diane D.
Cohen , and
WHEREAS, the said William S. & Diane D. Cohen
has offered to pay the sum of Twenty -One Hundred - and 00/100 Dollars
for said parcel said price being the minimums 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 Maine, 1957, as mended. City Council approval of all contracts
for the sale of land within the project area is required; and
WHEREAS, the Urban 6enewalChtMrity has filed a copy of the
proposed contract with William S. & Diane D. in the office of the City Clark;
NOW, THEREFORE, EE IT WDERED:
THAT the proposed contract an file with the City Clerk be and
is hereby approved.
=GG VEC
!°59 RL 24 fit 4119
CITY C! Fi 'S OFFICE
�.. 11 - s
IN CITY COUNCIL
July 28, 1969
PASS®
1Y CLGR%
N
ORDER
Yiue,
..nL
sale o£ L3in Stillwater Park O.R.
....................................
P ect - Parcel No. 96
.... ..............
Im4 duced emd filed by .
Wn1..�...... .. .............
�� Councilman
Revised April 16, 1968
CONTRACT FOR BALE OF LAND
(OFFER AND ACCEPTANCE)
STILLWATER PARR PROTECT
PRODUCT NO. M. R-4
Data [z�6�
TO: Urban Renewal Authority of the
City of Bangor ("Seller")
City Rall
Bangor, Maine
OFFER:
1. i x.11 si fl
herein called 'buyer, offers to buy, subject to the terms set forth herein, the
following described land:
Lot mmbered as shown on Plan Of Load entitled
"Stillwater Park Project, Bangor, Penobscot County, Maim,
Urban Renewal Authority of the City of Bangor, Project Me. R-4"
resisting of nim (9) pages and recorded in Penobscot Registry
of Deeds in plan Book 24pages1 to 9 inclusive.
2. Buyer will pay/ Y %Je hu/"Yf'L Dollars
($ 210 V ) for said land in cash w hit onndred and twenty (120) days after
the acceptance of this offer by Seller. The Authority may grant additional Lime
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, Maim, R-4, which was recorded in Volume 2113, page 385 of Penobscot
Registry of Deeds, and to those conditions set 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, Lear 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 in accordance
with the uses specified in the Declaration of Restriztions and as it may be here-
after amended from time to time:
(2) Not discriminate upon the basis of race, color, creed
or national origia in the sale, lease or rental or in the use or accupancy of
the Property or any Improvements erected or to be erected thereon, or any part
thereof.
(ii) 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 a 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 oftany interest in such land) in the Project
Area which is subject to the land use requirements and restrictions of the De-
claration of Restrictions, Rod the United States (in the case of the covenant
provided is 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 term of any extension thereof,
(at which time such agreement and covenant shall terminate), and those provided
to clause (1) (2) shall remain in effect without limitations as to time;
Provided, that such agreements and covenants shell 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 shell have title to or an interest in
r possession or occupancy of the Property.
(iii) 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 been ffciary of the agreements and covenants provided in
subsection (i) of this section bath 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 cwe-
nants have been provided. Such agreements and covenants shall run in favor of
Beller and City of Bangor for the entire period during which agreements and
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covenants shall be in force and effect, without regard to whether Seller and
City of Bangor use 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.
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 at other proper proceedings
to enforce the curing of such breach of agreement 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 one) standard dwelling hoagie
(single farm Ly) upon the land which will meet the minimum requirements as set by
City of Bangor ordinances and the Declaration of Restrictions. Construction
moat start within six (b) 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. Plans 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 agree 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 Imptovements.
(C) (i) In the event that prior to completion of the Improvements
as certified by Seller:
(L) 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 nit 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 Beller) the estate conveyed by the
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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) add (2) of this subsection (q, feature 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 manner 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 successor$ in interest in the Property sba1L revert to the
Seller: Provided, that such condition subsequent one 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) tie lien of any mortgage
authorized by this Agreement and executed for the sole purpose 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.
(it) Seller shall have the right to institute such actions o
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 andhis successors in interest and assigns 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 (it 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 provided in this Section (c)
because of concepts of waiver, inches or otherwise) to exercise much 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.
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(d) The Buyer represents and agrees that his purchase of the Property
and his other undertakings pursuant to this Agreement ate 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 Salley. The Buyer further
recognizes that it is 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 a" surety band 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 outpace of obtaining financing
necessary to enable the Buyer or successot 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 tie Beller, make or create or
suffer to be made or created any total or partial sale, assignment, conveyance
or lease of any trust 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 Beller shall be entitled to require as conditions to any such approval that:
(i) Any proposed transferee shell have the qualification$ 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 effec-
ting transfer;
(ift) Meconsiderationpayable for the transfer by the transferee
or on his behalf shall not exceed an amount representing the actual cost (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 prior
to the completion of the Improvements and to provide that in the event any such
assignment or transfer 1s made (and is not cancelled), the Seller shall be entitled
to increase the purchase price to the Buyer of the Property provided in Section 2
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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 is in excess of the amount so authorized,
belong and be paid to the Seller.
(iv) Tne 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 Special Lams of Mine, 1951, as
emended, and the Declaration of Restrictions as it any be amended, and the
Federal Housing Act of 1949, as amended: Provided, that in the absence of spe-
cific written agreement by the Beller to the contrary, no Such transfer or ap-
proval by the Seller thereof shall be deemed 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 [hereto.
(e) Noon 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 successor In interest, ars 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 facer -
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 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 Of negligence, including, but not
restricted to, acts of God or of the public anemy, acts of the Government, acts
of the other party, fires, floods, epidemics,quarantine amine restrictions, strikes,
freight embargoes and neonatally severe weather or delays of subcontractors due
t0 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 time 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, 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
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other party thereof in writing, and of the cause or ceases thereof and requested
an extension for the period of the delay.
(g) Prior to the completion of the xmprovenents by the Buyer, neither
the Buyer nor any successor in interest to the Property shall engage in any ffnan
ing 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 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 a" of the Buyer or otherwise.
(h) Notwithstanding any of the provisions of this Agreement, including
but not limited to those representing cavenanta 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 result of foreclosure proceedings or action in
Lieu thereof, but not including (1) any other party who thereafter obtains title
to the property from or through such holder or (2) may other purchaser at fore-
closure sets 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 any such holder to devote the
property or any part thereof to any uses, or to construct any improvements thereon,
ocher than those uses or improvements provided or authorized in the Declaration of
Restrictions, ordinances of the City of Bangor, and this Agreement.
4. No member, official or employee of the Seiler shalt have any personal
interest, direct or indirect, in this Agreement, nor shall any such member, of-
ficialor employee 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 Seiler shall be personally liable to the Buyer or any
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successor in interest in the event of any default or breach by the seller or for
any amount which may become due to the Buyer or successor or on any obligations
under the terms of this Agreement,
5. Taxes and special assessments, if any, due on or before the closing date
shall be paid by Seller, rrQ�
6. Buyer herewith tenders
($ /06.✓3) which sum is at least five percent (5%) of the offered purchase
price as earnest money to become a part of the payment of the purchase price of
the lend upon acceptance of this offer by Seller. This sum shall be held by
Seller and if this offer is notaccepted, 1t 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
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 cage the
earnest money shall be promptly refunded to 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 -
ever of this offer by Seller; and notification to Bayer thereof by returning to
Buyer one (1) accepted copy of this offer to the address indicated below. The land
shall be conveyed to the Buyer by a Warranty Deed on date of closing.
9. The Seiler may or the Buyer shall promptly file the Deed for recordation
1n the Penobscot Registry of Deeds at Bangor, Paine. The Buyer shall pay all
costs (including the cost of any real estate transfer tax on the Deed, for which
stamps in the proper amount she 11 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 contracts in the Agreement and the Deed with respect
M
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. 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 shall, within
(g0) days after Witten request by the Buyer, provide the Buyer
with a Witten 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 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 '%uyer" in this agreement shall be construed to mean both the
plural and singular number, in any gender, 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 of assigns.
� J, S!
Buyer
Nitsaa Buyer
a �G s4,
Aaareaa
Ci 411-G4'73
Telephone
In City Council Council Order No.
Date
A True Copy, Attest:
City Clerk
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ACCEPTANCE:
The above offer is accepted this day of 19 ,
and accordingly constitutes a binding contract for sale of land between Buyer and
Seller.
URBAN RENEWAL AUTHORITY OF
(SEAL) THE CITY OF BANGOR
APPROVED AS TO LEGAL FORM AND ADEQUACY:
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By
Chairman
Executive Director