Loading...
HomeMy WebLinkAbout1968-11-13 14-W ORDER14-W Introduced by Counallor Minsky, Nov. 13, 1968 CITY OF BANGOR (TITLE.) Mrbtrt. _,Approving Proposed CogFract for. Sale of Land in the Stillwater Park Urban Renewal Project Parcel No 164 BY the alp Cwrmii Oftge City of Dona,: ORDERED, THAT WHEREAS, the Urban Renewed Authority of the City of Banger proposes to enter into a contract for the sale Of parcel nominated 164 in the Stillwater Park Urban Renewal Project with Jewess Jacobs ; and WHEREAS, the said James Jacobs has offered to Pay the sum of Fifteen Hundred Dollars ($1.500.00) for said parcel , said price being the minions approved price for said parcel as established by the Urban Renewal Authority and approved by the Department of Housing and Urban Development; and WHEREAS under the provisions of Chapter 168 of the Private and Special Laws of Maine, 1957, as amended, City Council approval of all contracts for the sale of land within the project area is required; add WHEREAS, the Urban Renewal Authority has filed a copy of the proposed contract with James Jacobs in the office of the City Clark; NOW, THEREFORE, B8 IT ORDERED: THAT the proposed contract on file with the City Clerk be aad is hereby approved. 15ti89FY.-7 14 4. 12 CITY CIERN'S OFFICE IN Cx1Y COUNCIL Nov. 13, 1969 PASSED cL 14-W ORDER Hue, ,$a}e, of. Land Ing S[hlwate.r. Perk OR MM. Mt. 1¢a ....................... Introduced and ed by Revised April 16, 1968 CONTRACT FOR SALE OP LAND (OFFER AND ACCEPTANCE) STILLWATER PARK PROJECT PROJECT NO. ME. R-4 Date October 0, 1968 _ T0: Urban Renewal Authority of the City of Bangor ("Seller") City Bell Bangor, Maine OFFER: James Jacobs herein called "Buyer," offers to buy, subject to the terms set forth herein, the following described land: Lot numbered 164 as shown on Plan of Lead entitled "Stillwater Perk Project, Bangor, Penobscot County, Maine, Urban Renewal Authority of the City of Bangor, Project Me. R-4" consisting of nine (9) pages and r¢ corded 1n Penobscot Registry of Deeds in Plan Book 24 , pages1 to 9 inclusive. 2. Buyer will pay ( $11�0-Oq Fifteen Nuddred Dollars (511500.00) for said land in cash within one hundred and twenty (120) days atter theacceptance of Chia offeF by Seller. The Authority may grant additional time upon written request from the Buyer. 3. Conveyance of said land shall be meds by Warranty Used, 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 to those conditions set forth hereinafter to which Buyer expressly agrees. (a) (£) The Buyer herein covenants by aid 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 shall: (1) Devote the Property to and only to and in 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 at in the use or occupancy 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 o£vany interest in such land) In the Project Area which is subject to the land use requirements and restrictions of the De- claration of Restrictions, and the United States (1n 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 possession or occupancy of the Property. It is further intended and agreed that the agreement and coca rent 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 teminate), and those provided I, clause (1) (2) shell 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 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 provisions of the preceding subsection, it is intended and agreed that Beller 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 patties, public or private, in whose favor or for whose benefit such agreements and cove- nants have been provided. such agreements and covenants shall run in favor of Seller and City of Baur 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 land or Interest therein to, or in favor of which such agreements and covenants relate. Seller and/or City of Bangor shall Save the right, en 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 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 (end not more than one) standard dwelling house (single family) upon the land which will meet the m_nimum 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 to 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, Wi-hin ninety (90) days of the date of theacceptance of the offer by Seller, Buys- agrees to Submit construc- tion plans for approval by Seller, and evidence satisfactory to the Seller of Buyers ability to finance the cum truction 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 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 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 -eater and take possession of the Property and to terminate (and revert to the Beller) the estate conveyed by the -3- 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) and (2) of this subsection (f), 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 manner stated in said clauses, Seiler 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 Beller 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 mortgagee. (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 ou 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, laches or otherwise) to exercise such remedy at a time whea 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 eruct defaults by Buyer under this section or with respect to the particular defaulo except to the extent ape- cffical Ly waived. _A (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 to 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 faithful performance of all undertakings and covenants hereby by him to be performed without requiring in addition any 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 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 not, prior to the pro- per completion of the Improvements as certified by tte 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 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 responslbiLdty, as determined by the Seller, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Buyer: (11) 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; (iii) The consideration payable 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 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 -5- of this Agreement by the amount that the consideration payable for the assignment or transfer is in excess of the amount authorised in this paragraph, and such consideration shall, to the extent it is to excess of the amount so authorized, belong and be paid to the Seller. (iv) The Buyer and his transferee shall comply with such ocher 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 spe- cific our ittan agreement by the Seller to the contrary,no such transfer o 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 thereto. (e) None of the provisions of this Agreement are intended to or shell 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 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 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 or negligence, including, but not restricted to, seta of Gad or of the public enemy, acts of the Government, site of the other party, fires, 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 1n the event of the occurrence of any such delay, the time ar 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 construction of the Improvements, as the case may be, shall be extended for the period of the delay; Provided, that the Percy 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 at 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 Prcperty, except, and only to the extent necessary, for the purpose of obtaining furds 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 be 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 those representing covenants running with the land, the holder of any obligation authorized 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) say 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 ortO guarantee such construction D completion. nor shall any covenant or any other provision in the Need 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, 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, of- ficial or employee participate in any decision relating to this Agreement which affects his personal interests or the interests of a _corporation, partnership or association in which he is, directly Or indirectly, interested. No member, official Or employee Of the Seller shall be personallv liable to the Buyer or any -7- successor in interest in the event of any default or trench 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. 6. Buyer herewith tenders seventy -ft" Dollars (S x•00 ) which sum is at least five percent (s%) 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, it shall be returned to Buyer, without interest. It shall be retained by the Seller for reiabursement 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 to Buyer, without interest. S. 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 accept- ance 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 Penobscot Registry of Deeds at Bangor, Maine. The Buyer shall pay all casts (including the cost 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. lo. Promptly after completion of the Improvements in accordance with this Agreement, the Seller will furnish the Buyer with an appropriate instrument no certifying. The certification by the Beller shall be (and it shall be so provided an the Deed and in the certification itself) a conclusive determination of satis- faction and termination of the covenants in the Agreeme or and the Deed with respect E:� 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 tone as will enable it to be recorded, If the Seller Shall re fuse or fail to provide the certification, the Seller shall, within thirty ( S,) days after written request by tie 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 gender, and to mea:, 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. Rd.<4 Q L Witness Witness In City Council Date y utyyt James Jaecc a Buyer R.F.D. 2 Orringtons Maine Address Telephone Council Order No. — A True Copy, Attest: City Clerk -9- ACCEPTANCE: The above offer is accepted this day of 19 , and accordingly constitutes a binding contract for sa-e of land between Buyer and Seller. URBAN RENEWAL AUTHORITY OF (SEAL) THE CITY OF BANGOR By Chairamn Executive Director APPROVED AS TO LEGAL TOM AND ADEQUACY: -10-