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,
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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
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(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.
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(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
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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.
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(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.
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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
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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
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