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HomeMy WebLinkAbout1969-09-22 282-W ORDER2Bz-w Introduced by Councilor Mclay, Sept. 22, 1969 CITY OF BANGOR (TITLE.) (orbfra.....ApprovfnSi Proposed Conpract for.. Sale of Land in the Stillwater Park Urban Renewal Project - Parcel No 94 By ah Cmncil ofBkg Cttp of Banpor: ORDERED, TWT WHEREAS, the Urban Renewal Authority of the City of Bangor proposes to enter into a contract for the Sale of parceln umbered 94 in the Stillwater Park Urban Renewal Project withRobert R. & Evelyn Shaw , and WHEREAS, the said Robert R. & Evelyn Shaw hes offered to pay the am of Twenty-three Hundred Dollars ($2,300.00) for said parcel said price being the Student 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 provlalone of Chapter 160 of the Private and Special Laws of Maine, 1957, as mended, City Council approval of all contracta for the Sale of land within the project area is required; and WHEREAS, the Urban Renewal Authority has filed a copy of the Proposed contract withRobert R & E velyn Shaw in the office of the City Clark; NOW, TREREPORE, BE IT DHDERED: THAT the proposed contract on file with the City Clerk be and is hereby approved. IN CITY COUNCIL Sept. 22, 1969 PASSED CITY CIE% 2a2 -w �p ORDER nue, Sale of tand to Stillwater Park UR ...................................... Pro j Ect - Paz Cel No. 96 ......... ............ Introduced end flied by Uman CONTRACT FOR SALE OF LAND (OFFER ANO ACCEPTANCE) STILLWATER FARR PROJECT PROJECT NO. W. R-4 Dare s X69 TO! Oman Renewal Authority ") of the City Of Bangor ('Seller City Rall Bangor, Maine 04401 OFTEN: 1, Robert R. and Evelyn Shaw herein called "Buyer". offers to buy, subject [a the terms set forth herein, the following described land: enr show n plan Land 53ad anti Lo[ numbered 94 sa n n o o Penobscot County, Maine "Stillwater Pe[k Project.fBeM1eoCity of BeM1gor, PYojec[ Me.UrbanR Renewal Authorlay nine (9) pages and recorded in Men H-4" consisting o Penobscot Registry of Beads in Plan go ok ZM1 .pages 1 to 9 inclusive. 3. Buyer will pay Twent. -thYee Hundred Dollars dollars after 8,300.) for said land of er b within one hundred and twenty (lgo) days affei [he accepCance of this offer by Seller. The Authority MY Brant additional time, upon written re4l s[ from the Buyer. > 3. Conveyance of said land shall be made by Warranty Deed subject to all easements of record, the ceclaxatien of Restrictions for Stillwater Park Project, Bangor, Moire. R-4, which was recorded in Volume 3113, page $35, of Penobscot Registry of Daede, and to those coMiClorm ee[ forth hereinafter to which Buyer expressly agrees, ansa b and for himself, his. heirs, (e) (L) The Buyer herein coven Y executors, administrators and assigns and all persona claiming under or BhMrouW them, that Buyer and such heirs, Cascara"' administrators and assigns, all persons claiming under. or through them shall' d P1 to, end in ¢coidanca _ (1) devote the Property to, and only 'y with, the uses Specified in the DecLO[fos of Restrictions as is existence at the FN time of the sale; (2) Not discriminate upon the basis of race, color, 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 thereon, or any pert 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 shell, in any event, and without regard to technical classification or designation, legal or otherwise, and except only a specifically provided in this Agreement, be, to the fullest extent % paved tied 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 am other land (or of any interest in such Land) in the Project Area which is subject to the land use requirements aM restrictions of the Declaration of Resttictitn 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 pos- session 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 in clause (1) (2) she it 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 patty in possession oroccupancy, respectively, only for such period as he shall have title to or an interest in or possession or occupancy of the Property. (iii) In amplification, and not in res ttiction, of the provisions of the preceding subsection, it is Intended and agreed that Seller and City of Bangor snail be deemed a beneficiary of the agreements and covenants provided in subsection (i) 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,unts 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 shell be in force and effect, without regard t0 whether Seller and City Of Bangor has at any time been, remains, r 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 suite in equity or Other proper proceedings to enforce the curing of Such breach of agreement or covenants, 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 Bet by City of Bangor ordinances and the Declaration of Bestrictfons. Construction moat start within six (6) months of the date the peed is recorded in the Buyer's name, and completion meet be accomplished within twelve (12) months of date of commenc- ing construction. Plow for said dwelling house will be subject t0 review 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 b submit construction plane for approval by Seller, and evidence satisfactory to the Seller of Buyer's ability to finance the construction of the proposed Improvements. (c) (i) In the event that prior t0 Completion of the Improvements as certified by Seller: (1) Buyer (or successor in interest) shall default in or violate hie obligations with respect to the construction of the Improvements (including the nature and the dates for the beginning and completion thereof), or shall abandon of substantially suspend construction work, and any such default or violation, abandonment, Or suspension, shall not be cured, ended, or remedied within three (3) months (mix (6) months, if she default is with respect to the date for completion Of the Improvements) after written demand by the Seller Bo to do, or (2) here is, to violation of this Agreement, any transfer of the Property, or any change in the 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 Warranty Deed to the Buyer, it being the intent that the conveyance of the - 3 - Property 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), failure on the part of the Buyer to remedy, end, at 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 is favor of the Seller of the title, and of all the rights and interest, in the Property conveyed by the Warranty Bead to the Buyer and that etch title, and allrights 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 to any way (1) the 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. (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 hie successors in interest and assigns , in the Property, and the revesting of title thereto in the Boller, Provided, that any delay by the Seller 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 or to deprive it of or limit such rights In any way (it being the intent of this Provision that Seller should not be constrained so as to avoid the risk of being deprived of or limited in the exercise of the remedy provided 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 problem created by the default involved, nor shall any waiver in fact made by Seller with aspect to any specific default by Buyer under this se2t3on (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 pacticvlar default except to the extent specifically 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 quali-ications 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 entering into this Agreement with the Bayer, and in so doing is further willing to accept and rely on the obligation of the Buyer for the faith- ful 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 Bud agrees for himself, and any successor in interest, that except only by any of security for, and only for, the purpose of obtaining financing necessary ary to enable the Buyer or successor in interest to perform his obligations with respect to making the Imarovements under this Agreement, the Buyer (except as so authorized) has not made or created, and that he will art , prior to the proper 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 at power, or transfer in any other mode or form of or with respect 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, in recordable form. The Seller shall be entitled to require as conditions to any such approval ahsL (f) 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: (ii) There has been submitted to the Seller for review, and the Seller has approved, all instruments and other legal documents Involved in effecting transfer: (iii) The consideration payable for the transfer by the transferee or on his behalf shall not exceed an amount representing the actual cost (in- cluding 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 preclude 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 5- such assignment or transfer is 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 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) 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 L68 of the Private and Special Laws of Maine, 1957, as amended, and the Declaration of Restrictions as it may be amended, and the Federal Rousing Act of 1949, as amended: Provided, that in the absence of specific written agreement by the Seller to the contrary, no such transfer or approval 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 thereto. (e) None of the provisions of this Agreement are intended to or shall be merged by reason of any Ned 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 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 interest, shall be considered In breach of or default in Its obligations with aspect to the preparation of the Property for redevelopment, or the beginning and completion of construction of the Improvements, or progress with respect thereto, 1n the event of delay in the performance of much obligations due to un- foreseeable causes beyond his control and without his fault or negligence, includ- ing, but not restricted to, acts of Gad, or of the public enemy, acts of the Government, acts of the other party, fires, floods, epidemics, quarantine restric- tions, strikes, freight embargoes, and unusually severe weather or delays of sub- contractors 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 Limes Bar 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 6- 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 enforced delay, have first notified the 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 financing or any other transaction creating any mortgage or other encumbrance or lien upon the Property, whether by express agreement oroperation 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 Improvements. 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 be 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) Notwithstanding any of the provisions of this Agreement, including but net limited to those representing covenants running with the land, the holder of any obligation authorized by this Agreement (including any such holder who obtains 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) any other purchaser at foreclosure sale Other than the holder of the obligation itself) shall in np wise be obligated by the provisions of this Agreement to construct at complete the Improvements or to guarantee such construction or completion: 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 pro- vision of this Agreement shall be deemed or construed to permit or authorise any such holder to devote the property or any part thereof to any uses, r to con- struct 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 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, official, or 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 theSeller shall be personally liable to the Buyer or any 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 nicceesor or on any obli- gations under the terms of this Agreement. 5. Taxes and special assessments, if any, due oA or before the closing date shall be paid by Seller. 6. Buyer herewith tenders One Hundred Fifteer. Dollars ($115.00 ) which can in at least five percent (5%) of the offered purchase price as earmest money to become a part of tie 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 in 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 fails to complete the purchase of said land within the time Speci- fied 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 to Buyer, without interest. g. Closing of purchase shall take place not morn than one hundred twenty (120) days, or as otherwise specified in Paragraph 2 ]ereof, from date of ac- ceptance of this offer by Seller; and notification to Buyer thereof by returning to Buyer one (1) accepted copy of this offer to the a3dress indicated below. The land shall be conveyed to the Buyer by a Warranty Geed 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 costs (including the cost of the Federal documentary scamp 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 recordable in- strument so certifying. The certification by the Seller shalt be (and it shall _S_ be so provided in the ceed and In the certification Itself) a conclusive deter- mination of satisfaction and termination of the covenants in the Agreement AM the peed with respect to the obligations of the Buyer AM big heirs and assigns to nstruct the Improvements and the dates for the beginning end completion thereof. The certification shall be in such farm a$ will enable it to be Vetoidad. Ovide the Certification, the Seller If lthel, within shall infuse or fail to Pr 30 daysafter written request by the shall, within th'Buy _ ( ) Buyer, provide the Buyer with awritten statement Indicating in adequate detail late the Impvavements to conformity with the i how the Boyer hes failed co comp r is otherwise In default, AM peclexscion of Aeecnctions or this Agreement, o for the what measures or seta it will be necessary, in the opinion of the Seller. Buyer to take or perform In oiler to obtain the certification - 11. "a word "Buyer" In this Agreement shall be construed to mean both the ' plural and singular number, to any gender, and to mean notonly the party thereby designated, but also his, her, or their respective heirs, designs, sla cutors, ry-� administrator$, or successors in interest; or. 1n the event that any Acerb Party to 'a corporatiop, its or their successors or assigns. alit cline$ In city Council Date 4 u J4✓ Buyer M, tsL.-gY17a-�' Ad 8G6-.tP6s Telephone Council Order NO. — A True Copy. Attest: City Clerk 9 ACCEPTANCE: The above offer is accepted this day of , 19_, and accourdingly cocaritutes a binding contract for sale of land terceen Buyer and Set Ler. URBAN RENEWAL ADTRORITY (SEAL) OF THE CITY OF BANGOR Witness Chairman Executive Directx APPROVED AS TO LEGAL FORM ARD ADEOUATI: Attorney -10-