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HomeMy WebLinkAbout1966-11-14 19-U ORDER19-U Introduced by Cowan icor Brown, Nov. ]q, 1966 e CITY OF BANGOR (TITLE,) (DrbBr,.... /Approving Proposed CanTract for ,Sale of Lan! „in the Stillwater Park Urban Renewal Project Parcel No 1119 & 1$0 BY the City Caused ofU s City ofBonpOr: 06DFMD, MT MRPAS, the Urban Renewal Authority of the City of Bangor proposes to enter into a contract for the sale of parcel numbered 189 & 190 In the Stillwater Park Urban Renewal Project with (:ail H_ erd Cherlea W. Rven and NUCLEUS, the said Gott N Am Mari" W. past has offered to pay the am of Fourteen Hundred Dollars ( $140 00) for said parcel said price being the miniu approved price for said parcel as established by the Urban Removal Authority and approved by the Department of Housing and Urban Development; and NHERWAS under the provisions of Chapter 168 of the Private and Special Law of Maine, 1957. as amended. City Council approval of all contracts for the sale Of land within the project area is required; and WHEREAS, the Urban PenewaL Authority has filed a copy of the proposed contract with Call H. and CharLa W.RT>Rn 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. 19-u ,e _(,,ID VF0 1566 N6'/-7 AM 9. 28 ORDER CITY Cl ERH'S OFFICE r r1ua, - 1" vov Sale of I , Stillwater Park UR Project ................ 0..................... IN CITY COUNCIL Nov. L, 1966 PASSED CiTy7TK Partial No. 189 and 190 ..................................... Iut oducW anaannddffne by Councilmen CONTRACT FOR SALE OF LAND (OFFER AND ACCEPTANCE) STILLWATER PARK PROJECT PRWECT NO. NE. R-4 Date November 3, 1966 70: Urban Renewal Authority of the City of Bangor ("Seller") City Bull, Bangor, Main OFFER: 1. Gil H Charles W Ryan, 'oi t tenants herein called "Buyer", offers to buy, subject to the terms set forth herein, the following described land: Lot, numbered 189 E 190 as show on Plan of Load entitled "Stillwater ParkProject, Bangor,Penobscot County, Mine, Urban Renewal Authority of the City of Bangor, Project M. R-4" consisting of nine (9) Pages and recorded in Penobscot Registry of needs in Plan Book 24 , Pages I to 9 inclusive. 2. Buyer will pay Fourteen Hundred -------------------------- and 00/100 Dollars ($1,400.00 ) for said land in cash within ora huMred and 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 Nanranty Deed, subject to all easements of record, the Urban Renewal Plan for Stillwater Park Project, Bangor, Mine, R-4, (hereinafter called the "Plan"), which was recorded 1n Book 2063 Page 369 Ltd _, inclusive, of records 1n Penobscot Registry of Deeds at Bangor, Mine, and to those conditions set forth hereinafter to which Buyer expressly agrau. (a) (L) The Buyer harein c venents. by and for himself, his heirs. executors, administrators, and assigns and all persons maiming under or through them, that Buyer and such heirs, executors, administrators, and assigns, and all persons claiming under or through them, shall: ,. (1) Devote the Property tp, and only to and in scoot"=* with, the use.s specified in the Plan, as amended, Rpd Re hereafter amended from tine to time: (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 part thereof (3) Not discriminate or segregate against any person, or group of pen ora, on account of race, color, creed, national origin, or ancestry in the sale, lease, sub+lease, transfer, use, occupancy, tenure, or enjoyment of the Property herein conveyed, nor shall the Buyer himaalf,. Arany person claiming under or through him establish or permit any such practice or practices of discrimination or segregation with reference to the selection,. location, number, use or occupancy of tenants, lessees, Bub -tenants, Bub -lessees, or services in the Property herein referred; and (4) Comply with all .state and local lawn, in effect from time to time, prohibiting discrimination at segregation by reason of race, religion, color, or national origin in the sale, lease or occupancy of the Property. (ii) It is intended and agreed that the agreements and covenants provided in this section shall be co ,ants running with the land and that they shall, inany event, and without regard to technical classification or designation, legal orotherwise, and except only as 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 miner of any other land (Or of any tntereat in such land) in the Project Area which is subject to the land use requirements and restrictions of the Urban Renewal Plan, as amended, and the United states (in the case of the covenant provided in subdivision (2) of subsection (f). hereof) against the Buyer, his successors and assigns, toe 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 in clauses (1) (2), (3), and (4) shall remain in effect with- - Out limitations as to time: Provided, that such agreements and covenente shall be binding on Buyer himself, each successor in intefeNt or assign, and each. party in possession or o cupancy, respectively, only for such period as he shall have title to or an interest In or possession or occupancy of the Property. _2. (111) 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 formed a bene flciary of the agreements and covenants provided 1e subsection (d) of this section both for and in its can right and also for the purposes of protecting the interests of the community and the other parties, public or private, to whose favor or for whose benefit such agreements and covenants have been provided. Such agreements and covenants shall ran in favor of Seller and City of Bangor for the entire period during which agreements and 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 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 to equity or other proper proceedings to enforce the curing of such breach of agree- ment or covenant, to which it or any other benaficiaries 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 set by City of Bangor Ordinances and the plan. Construction must start within six (6) months of the date the Beed is recorded in the Buyer's Same, and completion must be accomplished within twelve (12) months of date of commencing construction. Alam for said dwelling house will be subject to review by Seller prior to conveyance of the lend. Within ninety (90) days of the date of the acceptance of the offer by Seller, Buyer agrees to 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. (o) (i) In the event that prior to completion of the Improvements as certified by Seller: . (1) Buyer (or successor in interest) shell default in or violate his obligations with respect to the construction of the Improvements (Inclusion the nature and the daces for the beginning and completion thereof), or shall abandon or substantially suspeM 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, 1f the default is with respect to the date for completion of the Improvements) after written demand by the Beller so to do, or -3- (2) There is, in violation of this Agreement, any trans far 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 it Buyer; then Seller shall have the right to re-enter and take possession of the Property and to cemmLute (and revert to the Seller) the estate conveyed by the Warranty Deed to the Buyer, it being the intent that the conveyance of the 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, and, or abrogate such default, failure, violation, or other nation Or inaction, within the period and in the manner stated in said clauses, Seller at Its option .may declare termination in favor of the Seller of the dale, and of all the rights and interest, in the Property conveyed by the warranty Dead 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 authosized by this Agreement and executed for thesole 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 each 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 Pegiscry 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 reveStLag 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 shalt 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 Seiler 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 stili hope otherwise to resolve the problems created by the default involved, nor shall any waiver in fact made by Seller with respect t0 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 t0 the particular default except t0 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 rhe 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 par- ticular 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 bond 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 Improce- mente under this Agreemeet, the Buyer (except as so authorized) has not made or created, and that he will not, 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 thereto, or any contract or agreement to do any of the s9 , without prior written approval of the Seller. The Seller shall be entitled to require as condition to any such approval than (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; (if) There has been submitted to the Seller for review, and the Beller 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 cast (including carrying charges) to the Buyer of the property and the Improvements, if any, there- tofore made thereon by Atm; it being the intent of this provision to preclude assign- ment 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 trarafer is aerie (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 -5- of the amount authorized in this paragraph, and such consideration shell, 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 withSuchother 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, add the Urban Renewal Plan, as 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 construction of the Improvements, from any of his obligations with respect thereto. (e) None of the provisions of this Agree ment are intended to or shall be merged by reason of any peed transferring title tothe property from the Seller t0 the Buyer Or any successor 1n interest, and any such peed 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, unities the Seller nor the Buyer, as. the case may be, nor any successor in interest, be considered in breach of or default in its obligations with respect to the prep- aration of the Property for redevelopment, or the beginning and completion of con.- struction of the Improvements, or progress with respect thereto, in the event of enforced delay in the performance of such obligations doe to unforeseeable causes beyond his control and without his fault or negligence, including, 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 restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to ouch causes; it being the purpose and intent of this provision that In the event of the occurrence of any such enforced delay, the time or 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 enforced 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 daisy, 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 enforced delay. -6- (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 otter 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 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 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 to 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 no wise be obligated by the provisions of this Agreement to construct oromplete the Improvements on to guarantee such construction Or completion: nor shall any covenant Or any other pro- vision in the Beed 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 authorise 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 Plan, ordinances of 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 aeeeeta- tion 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 Beller or for any amount which may become due to the Buyer Or successor or on any obligations under the terms Of this Agreement. -7- 5. Taxes and special assessments, if any, due on or before the closing date shall be paid by Seller. 6. Buyer herewith tenders Seventy and _______________________ and 00/100 Dollars ($ 70.00 ) which sum is at least five percent (5%) of the offered purchased 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. Tule sum shall be held by Seller and If this offer is 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 Beller for legal advertising, rifle 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. y. This offer Is binding upon Buyer if accepted by Beller within sixty (fie) days and cannot be withdraw during this tdass. If net accepted by Beller within sixty (60) days, it is automatically cancelled and expires, in which case the earnest Many 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, tram date of at ceptance of this offer by Seller, and notfficiation to Buyer thereof by returning toBuyer one (1) accepted copy of this offer to the address indicated below. The land shall be conveyed to the Buyer by a Warranty Dead 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 coats (including thecost of the Federal documentary stamp tax on the Deed, for Mich 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 instrument so certifying. The certification by the Seller shall be (and It shall be go provided in the Deed and in the certification itself) a conclusive determination of satis- faction 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 completion thereof. The cert- ification shall be in such farm as will enable it to be recorded. If the Seller shall refuse or fail to provide the certification, the Seller shall, within thirty ( 30 ) days after written request by the .8- Buyer, provide the Buyer with a written statement Indicating in adequate detail haw the Buyer hes 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 '%oyer" in this agreement shall be construed to swan both the plural and singular comber, in any Border, and to mean not only the party thereby designated, but also h19, her, or their respective heirs, assigns, executors, administrators, or successors in interest, or, in the event that any such party is a corporation, its or their successors. or assigns. � Witness l� 4 W neer in city Council pare Bu➢er 1 " Buyer 3 B P7 0"Q E4 Ry PARK Address Ebb -dos � Telephone Council order to. A True Copy, Attest: City Clerk 69• ACCEPTANCE The above after is accepted this day of 19_ and accordingly constitutes a binding contract for sale of land between Buyer and Seller. URBAN RENEWAL AUTHOEITY OF (SEAL) THE CTTY OF OANOOR Witness Chairman Executive Director APPROVED AS TO LEGAL PORN AND ADEQUACY: Attorney -Io-