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HomeMy WebLinkAbout1969-10-29 315-W ORDER315-W Introduced by Councilor Houston, Cut. 39, 1969 p' CITY OF BANGOR (TITLE) (Orberf__npproving Proposed conpract for. sale of Land. in the Stillwater Park Urban Renewal Project - Parcel No . BY the MY CowRou of the MvofBarons: ORDERED, TWT NPERFA5, the Urban Renewal Authority of the City Of Bangor proposes to enter Into a contract for the sale of parcel numbered in the Stillwater Park Urban Renewal Project with James Jacobs , and WHEREAS, the said James Jacobs has offered to pay the am of One Thou and, Five Hundred end 00/100 Doi Bra for said parcel said price being the varietal approved price for said "reel as established by the Urban RenewaL Authority and approved by the Departraat of Rousing and Urban Development; and WHEREAS under the provisions of Chapter L60 of the Private and Special Laws of Maine, 1957, as mended, City Council approval of all contract@ for the sale of land within the project area is required; and MMS, the Urban Renewal Authority has filed a copy of the proposed contract with James Jacobs in the office of the city Clark; NW, THEREFORE, BE IT ORDERED: THAT the proposed contract on file with the City Clerk be and to hereby approved. 315-W LGF<3- 'N y: CG o R n e e wqp ! Q VICE title, IN CITY Cg IL act. 29, 1969 PASS® �r Y Sale of Land in Stillwater Park V.R. ................ 0..................... Parcel Nc. 153 .............. 6....................... � In�trodduced avd Med �b`yy Coimcilmn CONTRACT FOR SALE OF LAND (OFFER AND ACCEPTANCE) STILLWATER PARR PROJECT PROJECT NO. M. R-4 Dare M: Urban Renewal Authority of the City of Bangor ("Seller") City Mali Bangor, Maine /004401 OFFERl I I herein called "Buys ff, offers to y, subject to the terms set forth herein, tie following described Land; Lot nuaberedlS3 as shown on Plan of Land entitled "Stillwater Park Project, Bangor, Penobscot County, Me ine Urban Renewal Authority of the City of Bangor, Project Me. R-4" consisting of nine (9) pages and recorded in Penobscot Registry of Deeds in Plan Book , pages to _ inclusive uJ l f 2. Buyer will pay ��HP LtV Dollars ($4/0.." for said land in cash within one handred and twenty (120) days after the acceptance of this offer by Seller. no Authority may grant additional time, upon written request from the Buyer. 3. Conveyance of said lend shall be made by Warranty Deed subject to all anemones 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 Weds, 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, that Buyer and such heirs, executors, administrators and assigns, and all persona claiming under or through them $hall; (1) Devote the Property to, and only to, and in accordance with, the us!s specified in the Declaration 0£ 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 safe, lease or rental or in the use or occupancy of the Property or any Improvements erected or to be erected thereon, or any part thereof. (if) It 1a 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 sweet, 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.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 t0 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 (1) 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 an effect until January 22, 2022, and during the term of any extension thereof, (at which time such agreement and covenant shall terminate), ant 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 Buyer himself, each successor In interest or assign, are 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. (111) In amplification, and not in restriction, of the pros felons of the preceding subsection, 1t is intended and agreed that Seller and City of Bangor shall be deemed a beneficiary of the agreements and covenants provided in subsection (i) of this section both for and in Its own right and also for the purposes of protecting the interests of the community and the other parties, public or private, in whose favor at 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 _2_ covenants shall be in forte and effect, without regard to whether Seller and City of Bangor has at any time been, remains, or is an owner of any land or interest therein to, or In favor of which such agreements and covenants relate. 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 agreesmnt 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 ane) standard dwelling house (single family) upon the land which will meet the minimum requirements as set by City of Bangor ordinances and the Declaration of Restrictions. Construction must start Within six (6) months of the date the Deed is recorded in the Buyer's name, and completion pact be accomplished within twelve (12) months of date of commenc- 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) (f) In the event that prior to completion of the Improvements as certified by Seller: (I) Buyer (or successor to interest) shalt 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 constructicn work, and any such default or violation, abandonment, or suspension, shall not be cured, ended, or remedied within three (3) months (six (6) moths, if the default is with respect to the date for camp lotion of the Improvements) after written depend by the Seller so to do, or (2) There is, in violation of this Agreement, any transfer of the Property, or any change in the ownership of tte 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 (1), 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: 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 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. (if) 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 Beads, 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 rink 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 problems created by the default involved, nor shall say 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 waived. (d) The Buyer represents and agrees that his purchase of the Property, and his other undertakings pursuant to this Agreement, r ment, a , and will be, used for the purpose of redevelopment of the Property and not for speculation in land holding. The Buyer further recognize& that the quaWications and identity of the Buyer are of particular concern to the community and the Seller. Tue. 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 aisiiar undertaking. For the foregoing reasons, the Buyer represents and agrees for himself, and any successor m interesthat except only by way of security for, and only for, the purpose of obtaining financing necessary to enable the Buyer or successor in interest to perform his obligations with respect to making the Improvements under this Agreement, the Buyer (except as so authorized) has not made or created, and that he will act , 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 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 as , without prior written approval of the Seller, in recordable form. The Seller shall be entitled to require as conditions to any such approval that: (i) Any proposed transferee shall have the qualifications and financial responsibility, as determined by the Seller, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Buyer: (ii) There has been submitted to the Beller 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 lamrovemars, if say, 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 canceled), the Seller shall be entitled to increase the purchase price to the Buyer a- 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) no Buyer and his transferee shall comply with such other conditions as the Seller my find desirable in order to achieve and safeguard the purposes of Chapter 168 of the Private and Special Laws of War, 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 provisions of this Agreement are intended to or shall be merged by reason of any peed transferring title to the Property from the Seller to the Buyer or arty successor in interest, and any such Deed shall not be Banned 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 iu breach of or default in its obligations with respect 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 un- 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 ofthe 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 "r 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 or operation of law, ar 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 Bayer (or successor in interest) shall notify the Beller 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 Seen 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 Mase representing covenants running with the land, the holder of any obligation authorised 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 up 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 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 connected to permit or authorize any such holder to devote the property or any part thereof to any uses, or to can Street any improvements thereon, other then 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 persosai Interests or the interests of any corporation, partnership, or association in which be 1s, 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 shell be paid by Seller. /^I, 6. Buyer herewith tenders Wllara ($ 7s a ) which am is at least fivV pe ent (5x) of the offered Purchase price as earnest money to become 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, is 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. J. This offer is binding upon Buyer If accepted by Seller within sixty (60) days and cannot be withdraw 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 piece not more than one hundred twenty (120) 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 ore (1) accepted copy of this offer to the address indicated below. The land shall be conveyed to the Buyer by a Warranty peed on date of closing. 9. The Beller may or the Buyer shell promptly file the Ned for recordation in the Penobscot Registry of Leeds at Bangor, Maim. The Buyer shall pay all casts (including the coat of the Federal documentary stamp tax on the Beed, for which stamps in the proper amount shall be affixed tc the peed by the Buyer) for so recording the Beed. 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 be so provided in the Beed and in the certification itself) a cone lissive deter- mination of satisfaction and termination of the covenants in the Agreement and the Beed with respect to the obligations of the Buyer and his heirs and assigns t0 construct the Improvements 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 ref rfail to provide the certification, the Seller shall, within (3W) days after written request by the Buyer, provide the Buyer qLU a written statement indicating in adequate detail how 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 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 gender, and to mean not only the patty 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 fl corporation, its Or their successors or assigns. / L' Witness Huyex Witness HBuyer Qf� y j Address ne Telephone In city council Bata A True copy. Attest; 9- Council order No. ACCEPTANCE: The above offer is accepted this day of , 19_ and accordingly constitutes a binding; contract br sale of land between Buyer and Seller. (SWAB) URBAN RENEWAL AUTHORITY OF TNA CITY of BANGOR Witness Chairman Executive Director APPROUD AS TO LEGAL FORM AND ADEQUACY: Attorney -10-