HomeMy WebLinkAbout1966-11-14 20-U ORDERIntroduced by Councilor prawn, Nov, 14, '_966
CITY OF BANGOR
(TITLE) (OrUra--.Approving Proposed Contract. for, Sale of Land in the Stillwater
Park Urban Renewal Project Parcel No 192
By the 04 Cowui! of the OUR of Bangor:
ORDERED,
TMT WHEREAS, the Urban Renewal Authority of the City of Bangor proposes
to enter Inco a contract for the sale of parcel numbered 192
in the Stillwater Park Urban Renewal Project With
. and
WHEREAS, the said _ tYo P srM Joan C. Hunt
has offered to pay the a= of Six Hundred Dollars ($600.00)
for said parcel said price being the minimum approved price for said parcel
an 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 ave Med, City Council approval of all contracts
far the sale of land within the project area is required; add
WHEREAS, the Urban Renewal Authority has filed a copy of the
proposed contract Will Us P. and Joan C. Hamel in the office of the City Clark;
NOW, THEREFORE, BE IT ORDERED:
THAT the proposed contract on file with the City Clerk be aM
is hereby approved.
20-U
R-CENED
1866 RU -7 AH 9. 29 ORDER
CITY CE ERN S OFFICE xue,
-ry gropupCR NA'NF
.WA A;PM E.tiJ;,aaty. Peaky Parcel
IN CITY COUNCIL No. 192
Nov. 140 1966 ......................................
PASSED
Introduced evd Mod by
ITY CLERK
CounciLren
CONTRACT FOR SALE OF LAND
(OFFER AND ACCEPTANCE)
STILLWATER PARK PROJECT
PROJECT NO. M. R-4
Date October 14, 1966
TO: Urban Renewal Authority of the
City of Bangor ('Seller")
City Rall,
Bangor, Maine
OFFER:
1. Leo E nd Joan C Newel
herein called 'Buyer", offers to buy, subject to the terms set forth Retain, the
following described land:
Lot numbered 192 as shown on Plan of, Lend entitled
"Stillwater ParkProject, Bangor, Penobscot county, Maine,
Urban Renewal Authority of the City of Bangor, Proj eat
He R-4" consisting of nine (9) pages and recorded 1n
Penobscot Registry of Deeds in Plan Book 24 , Pages 1
to �9 inclusive.
2. Buyer will Bay Six hundred
Dollars (B 600.00 ) for said landin cash within one hundred end twenty (120)
days after the acceptance of this offer by Seller. The Authority may grant additional
time, upon written request from the Buyer.
3. Conveyance of said land shall be made by Warranty Med, subject to all
easements of record, the Urban Renewal Plan for Stillwater Park Project, Bangor,
Maine, R-4, (hereinafter called the 'Plan"), which was recorded in Book 2063
Pages 369 rxxxz inclusive, of records in Penobscot Registry of Mede at Bangor,
Maine, and to those conditions sec forth hereioaiter to which Buyer expressly agreaa.
(a) (i) The Buyer harefn covenants by and for himself, h heirs,
executors, administrators, and assigns and all persons claiming 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, add only to and in accordance
with, the race specified in the Plan, as amended, gpd as hereafter watched it= time
to class;
(2) Not discriminate upon the basis of race, color, creed
or national origin 1n 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 persons, on account of race, color, creed, national origin, or ancestry in
the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the
Property herein conveyed, nor shall the Buyer himself, we any person claiming under
or through him establish or permit any such practice or practices of discriminati=
or segregation with reference to the selection, location, number, use or occupancy
of tenants, lessees, sub -tenants, sub -lessees, or wardens in the Property herein
referred; and
(4) Comply with all state and local lawn, 1n effect from
time to time, prohibiting discrimination or segregation by reason of race, religion,
color, Or national origin in the Bale, lease or occupancy of the Property.
(Si) 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 designation,
legal or otherwise, and except only as specifically provided In this Agreement, te,
to the fullest extent permitted by law and equity, binding for the benefit and it
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 1n 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 (1n the case Of the covenant provided in subdivision (2) of
subsection (S) hereof) against the Buyer, his successors
r
and assigns, to 0 of Che
Property or any Interest therein, and any party in possession or occupancy of the
Property. It is further intended and agreed that the agree me nt and covenant provided
1n clause (i) (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 -
cut 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 oroccupancy of the Property.
-2-
(111) In amplification, and not in restriction, of the provisions
of the preceding subeect;om, It is intended and agreed that Seller and City of
Bangor shall be deemed a beneficiary of the agreements and eovensnts provided In
subsection (I) of this section both for and in its own right end also for the
purposes of protecting the interests of the community and the other parties, public
or private, in whose favor or for whose benefit Such agreements and covevante 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 covenants shall be in
force and effect, without regard to whether Seller and City of Bangor has at any
time been, remains, or is a e 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 o nant, to
exercise all the rights and remedies, and to maintain any "ileus at law or suite in
equity or other proper proceedings to enforce the curing of Such breach of agree-
ment or covenant, to which it or any other beneficiaries of such agreement or
covenant may be entitled.
(b) To construct one (and not more than one) standard dwelling house
(single family) upon the land which will meet the minimum requirements as eat by
City of Bangor ordinances and the Plan. Construction mot start within Six (6)
months of the date the Deed is recorded in the Buyer's name , and completion mut
be accomplished within twelve (12) months of date of commencing construction. Pie=
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 plane for approval by Seller, and evidence
satisfactory to the Beller of Buyer's ability to finance the construction of the
proposed Improvements.
(e) (1) In the event that prior to completion of the Improvemeacs
as certified by Seller:
(1) Buyer (or successor in interest) shall default in or
violate hig. 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, age any such default or
violation, abandonment, or suspension, shall not be cured, ended, or remedied
within three (3) metria lair (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
-3
(2) There is, in violation of this Agreement, any transfer
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 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 Property
to the Buyer shall be made upon a condition subsequent t0 the effect that in the
event of any default, failure, violation, or other action or Inaction by the
Buyer specified in clauses (1) and (2) of this subsection (i), failure on the part
of the Buyer to remedy, end, or abrogate Such default, failure, violation, or other
action or inaction, within the period and in the manner stated in said clauses,
Seller at its option may declare a Lamentation in favor of the Seller of the title,
and of all the rights and interest, 1n the Property conveyed by the Warranty Deed
t0 the Buyer and that such title, and all rights and interest Of the buyao, 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 authorised
by this Agreement and executed for the sale purpose of obtaining funds to conatruct
the Improvements, and (2) any rights or interest provided in this Agreement for
the protection of the holders of such mortgages.
(ii) Seller shall have the right to Institute such actions or
proceedings as it may leen desirable for effectuating the purposes Of this section
(a), Including also the right to execute and record or file with the Penobscot
Registry of Deeds, a Written declaration of the termination of all rights See 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 belles
in Instituting or prosecuting any such actions or proceedings or otherwise asserting
its rights under this :section $halt not Operate as a. waiver of such rights or an
deprive It Of or limit such rights in any way (1t being the intent of this pro-
vision that Seller should not be constrained so as to avoid the risk of being
deprived of or limited in the exercise of the remedy provided In this section (c)
because of concepts of Waiver, laches, or othexwlse) to exercise Such remedy at
a time when it may still hope otherwise t0 resolve the problems created by the
default involved, nor $ball any waiver in fact made by Seller with respect to
any specific default by Buyer owner 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.
-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 in lag4 holding. The
Buyer further recognises that the qualifications and identity of the Buyer are of par-
ticular concernto the community and the Seller. The Buyer further recognizes that it
is because of such qualifications and identity, that the Seller is enterininto 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 atoiler 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 wth respect to making the Impxoae-
wants order this Agreement, 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 it create, or suffer to be made or created, any total or pax Cal
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 same, without prior
written approval of the Seller. The Sellar shall be entitled to require as conditions
to any such approval that:
(1) 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 hes been submitted to the Seller for review, and the
Seller has approved, all instruments and other legal documents involved in effecting
transfer;
(III) The consideration payable for the transfer by the transferee
or on his behalf shall not exceed an
amount representing the actual coat (Including
carrying charges) to the Buyer of the Property and the Improvements, if any, there-
tofore made therein by him; it being the intent of this provision to precludeasslgn-
want of this Agreement or transfer of the Property for profit prior to the comple-ion
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 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 shall, to the
extent it is in excess of the amount so authorized, belong and be paid to the
Seller.
(iv) The Buyer and his transferee shall comply withsuch other
conditions as the Seller may find desirable in order to achieve and safeguard the
purposes of Chapter 168 of the Private and Special Laws of Maine, 1957, as emended,
and the Urban Renewal Plan, as amended, and the Federal Retain& Act of 1949, as
emended: Provided, that in the absence of specific written agreement by the
Seller to the contrary, no such transfer or approval by the Seller thereof shalt 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.
(a) None of the provisions of this Agreementare intended to or shall
be merged by reason of any Ned 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 Agre went, neither
the Seller nor the Buyer, as. the case my be, nor any successor in Interest, shell
be considered in breach of or default in its obllgatione 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 due to unforeseeable causes
beyond his control and without his fault or negligence, including, but not restricted
to, acts of Gad, or of the public enemy, acts of the Goverment, acts of the other
party, fires, floods, epidemics, quarantine restrictions., strikes, freight embargoes,
and apusually sever weather or delays of subcontractors due to such 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 delay, have .first notified the other party thereof
is writing, and of the cause or causes thereof and requested an extern ion 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 ars, financing
or any other transaction clearing any mortgage or 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 Property, except, and only t0
the extent necessary, for the purpose of obtaining funds for making the Improvements.
It is further agreed that the Buyer (or successor 1n 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 c manta running with the land, the holder of
any obligation authorized by this Agreement (including any such holder who obtains
title to the property as a result of foreclosure proceedings or action In lieu
thereof, but not including (1) any other party who thereafter Obtain title to the
property from or through such holder or (2) any other purchaser at foreclosure
sale other than the holder of the abLigat fon itself) shall In no wise be obligated
by the provisions of this Agreement to construct or
complete the laprovements or to
guarantee such construction or ompletion: 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 deened
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 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 affect&
his personal interests or the interests of any corporation, partnership, of aeeocts-
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 Seller or for any amount
which may become due to the Buyer or successor of on any obligations under the teras
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 thirty
Dollars ($ 30.06 ) which sum is at least five perceat (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. This am 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 reimbutsem:nt 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 Sayer 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 place not more than one hundred twenty
(120) days, or as otherwise Specified in Paragraph 2 hereof, from date of acceptance
of this offer by Seller, and aottficiation to Buyer thereof by returning to Buyer
one (1) accepted copy of thin offer to nhe 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
IB the Penobscot Registry of Deeds at Bangor, Maine. The Buyer shall pay all costs
(Including the cost of the Federal documentary stamp tax on the Deed, for whtch
stamps 1B the proper amount shall be affixed to the Deed by the Bayer) for so
recording the Deed.
10. Promptly after completion o`_ the Improvements in accordance With this
Agreement. the Seller vfll furnish the Buyer with an appropriate instrument so
certifying. The certification by the Seller shall be (and it shall be so 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 Beed with respect
to the obligations of the Buyer and his heirs and assigns to construct the
Iwovements and the dates for the beginning and completion thereof. The cert-
ification shall be 10 such form as will enable it to be recorded. If the Seller
Shall refuse or fail to provide the certification, the Seller Shall, within
Tkirty ( 30 ) days after written request by the
-8-
Buyer, Provide the Buyer with a written statement indicating in adequate detail
haw the Buyer has failed to complete the Improvements in conformity with the
Urban Renewal Plan or this Agreement, or is otherwise 4n default, and what
measures or acts it will be necessary, in the opinion of the Seiler, 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 moan not only the party
thereby designated, but also his, her, or their respective heirs, assigns,
executors, administrators, or successors in interest, or, in the event that
any such party is a corporation, its or their successors or. essigre.
With
a
Buyer
Witneos Buyer
In City Council
pate
31 Portland Street, Old Town, Maine
Address
82y-3925
Telephone
Council Order No.�
A True Copy, Attest
City Clerk
69-
ACCEPTANCE
The above offer is accepted this day of 19
and accordingly constitutes a binding contract for sale of land between Buyer and
Beller.
URBAN RENEWAL AUTHORITY OF
(B&y) TO CITY OF BANGOR
witness Chairman
Executive Director
APPROVED AS TO LEGAL FOAM AND ADEQUACY:
Attorney
-10-