HomeMy WebLinkAbout1969-10-13 289-W ORDER289-W M9fHK
Introduced by Councibr xouston, oct. 13, 1959
CITY OF BANGOR
(TITLE) (qrlerf--.Approving Proposed Contract for Sale of land in the Ettllwtnr
Park Urban Renewal Project Parcel No 127
By the City C04TUIt of his City ofBaal or..
ORDERED,
TEAT WHEREAS, the Urban Renewal Authority of the City Of SanSDr proposed
to enter into a contract for the sale Of parcel numbered 127
in the Stillwater Park Urban Renewal Project with H. B. & H. Cox ration
, and
WHEREAS, the said H B. N. H. Corporation
has offered to pay the am of Twenty -One Hundred and 00/100 Dollars
for said parcel , said price being the minlm,m 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 Law of Maine, 1957, as emended, City Council approval of all contracts
for the sale of land within the project area is required; and
MESE S, the Urban Renewal Authority has filed a copy of the
proposed contract with H. B. & H. CormratioNn the office of the City Clack;
NOW, THEREFORE, BE IT ORDERED:
THAT the proposed contract on file with the City Clerk be aM
is hereby approved.
IN CITY COUNCIL
Oct. 13, 1969
PASS®
Parcel No. 127
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,,lotrodeeed Red filed by
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Cwvcil®
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289-W
CEVED
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-ORDER
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OFFICE
Title,
Sale of
Land 3v SLillNater Park -
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IN CITY COUNCIL
Oct. 13, 1969
PASS®
Parcel No. 127
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,,lotrodeeed Red filed by
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Cwvcil®
CONTRACT FOR SALE OF LAND
(OFFER AND ACCEPTANCE)
STILLWATER PAG( PROJECT
PROJECT N0. ME. R-4
Date
T0: Urban Renewal Authority
of the City of Bangor ("Seller")
City Roll
Bangor, Maine 04401
OPFBR:
1. N, 9, V y k r�
herein called "Buyer", offers to buy, subjkA to the terms set forth herein, the
following described land:
Lot numbered/2% 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 (9) pages aid recorded in
eenobycot Rng`$try of Be eda yinPlanJ/B/,y�k )��V, pages /
2. Buyer will pay � ('%—w •y /L(.N?L ZZj
Dollars ($;V/ ,a ) fox said land n casM1 within one hundred an twenty (120)
days after the acceptance 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 835, 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 persona claiming under or through
than, 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 in accordance
with, the uses specified in the Declaration of Restrictions as in existence at the
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 cr to be erected thereon, or any part
thereof.
(it) It is intended and agreed that the agreements and covenants
provided in this sectiou 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 as specifically provided in this Agreement,
be, to the fullest extent opermitted 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 O`_ any interest in such land) in the Project Area which is
subject to the land use requirements and restrictions of the Declaration 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 pos-
session or occupancy of the Property. It to further intended and agreed that
the agreement and covenant provided in clause (f) (1) shall remain in effect
until January 22, 2022, and during the teem of any extension thereof, (at which
time such agreement and covenant shall terminate), one those provided in clause
(1) (2) shall remain in effect without limitations as to time: Provided, that
such agreements and covenants shall be binding on Bayer himself, each successor
an 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.
(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 beneficiary of tie agreements and covenants provided in
subsection (1) of this section both for and in its own right and also for the
purposes of protecting the Interests of tie community and the other parties,
public or private, in Mose favor or for 'whose benefit such agreements and
covenants 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
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covenants shall be an force and effect, without regard to whetter 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.
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 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 WS1I meet the mittens requirements as set by
City of Bangor ordinances and the Declaration of Restrictions. Construction must
start within six (6) months of the date the Geed is recorded in the Buyer's n ,
and completion moat be accomplished within twelve (12) months of date of consent-
ing construction. Plans for said dwelling house will be subject to 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 to submit construction plana
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 prier 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 aid 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 ggraement, any transfer
of the Property, or any change in the oursyship of the Property, and such
violation shall not be cured within thirty (30) days after written demand by the
Seller to Buyer; then Seller shell 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 peed to the Buyer, it being the Intent that the conveyance of the
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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, 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 Beed 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: Prwlded, 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 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 his 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
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 my still hope otherwise to resolve the problems
created by the default involved, not sbaLl any waiver in fact made by Seller with
aspect 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 specifically valved.
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(d) The Buyer represents and agrees that his purchase of the Property,
and his other undertakings persona 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 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 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 and 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 to enable the Buyer or successor in interest to
perform his obligations with respect to making the Iwrovamenta under this
Agreement, the Buyer (except as Bo authorized) has not made or created, and that
he will but , prior to the proper completion of the Lnprovements 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 respect to this Agreement or the Property, or ..
any interest therein, or any contract or agreement to do any of the Sam, without
prior written approval of the Seller, in recordable farm. ne Seller shall be
entitled to require as conditions to any such approval thea
(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;
(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 chargee) 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 laprovements, and to provide that in the event any
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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 168 of the Private and Special Laws of Maine, 1957, as
amended, and the Declaration of Restrictions as it may be amended, and the
Federal Housing 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 prov Lebow 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, 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, in the event of delay in the performance of such obligations due to on -
foreseeable causes beyond his control and without his fault or negligence, includ-
ing, but not restricted to, acts of God, 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 times nice
performance of the obligations of the Seller with respect to the preparation
of the Property for redevelopment or of the Buyer witf respect to construction
of the Improvements as the case may be shall be extended for the period of the
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delay, Provided, that the party seeking the benefit of the provisions of this
section shell, 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 Improvemerts 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 agreemento operation of law, or
suffer any encumbrance or lien to be made on or attach to the Property,axcept,
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 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) Notwithstanding any of the provisions of this Agreement, including
but not limited to [hone 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 Co 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 or complete
the Improvements Or to guarantee such construction or completion, nor shall any
covenant or any other provision in the Beed 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 authorize any
such holder to devote the property or any part thereof to any uses, r to con-
struct any improvements thereon, other than those used 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 say decision relating to this Agreement which
affect$ 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 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 obli-
gations 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.
6. Buyer herewith tenders
Dollars ($IW(O ) which sum is at least five percent (5% f e 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
field by Seller and if this offer in not accepted, it shalt 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 fail& to complete the purchase of said land within the time spec✓
tied in Paragraph 2 herein.
]. This offer 1s binding upon Buyer if accepted by Seller within Sixty
(60) days and cannot be withdrawn during this time. If notaccepted 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.
8. Closing of purchase shall take place not more than one hu,Wred twenty
(L20) days, or as otherwise specified in Paragraph 2 hereof, 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 address indicated below.
The 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 Varubseot Registry of Deeds at Bangor, Maine. The Buyer shall pay all
costs (including the cost of the Federal documentary stamp 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 shall be (and it shall
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be so provided in the Med and in the certification itself) a conclusive deter-
mination of satisfaction and termination of the covenants in the Agreement and
the Deed with respect to the obligations of the Buyer and his heirs and assigns
to construct the Improvements and the dates for the beginning and Comple LiOn
thereof. The certification shall be in such form as will enable it to be recorded.
If the Seller shall refuse or fait 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
haw the Buyer has failed to complete the Improvements in conformity with the
Declaration of Restrictions or this Agreement, or is otherwise in default, and
what monarch or acts it will be necessary, in the opinion of the Seller, for the
Buyer to Lake or perform in order to obtain the certification.
11. The ward "Buyer' 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,
administrators, or successors in interest; or, in the event that any such party
is d corporation, its or their successors or assigns.
Hitneea
�.9n<e
Witness
In City Council
Date
Buyer
�K a"By
Asx
Aaareeg�..
A/H tD
/�Telleephone
/ Council Order No.
A True Copy, Attest:
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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
(SPIN.) OF THE CITY OF BANGOR
Witness - Chairman
Executive Director
APPROVED AS TO LEGAL FORM AND ADEQUACY:
Attorney
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