HomeMy WebLinkAbout1967-10-16 240-U ORDER34J -U
Introduced by Councilor Barry, Oct. 16, 1967
CITY OF BANGOR
(TITLE.) (Orba, APRreving Proposed contract for sale of Land in the Stillwater11
Perk Urban Renewal Project Parcel No 184
BY toe City Coweeft of the City o(Banpor.
OEDERED,
TUT WHEREAS, the Urban Renewal Authority of the City of Bangor proposes
to enter into a contract for the sale of parcelumbered 184
in the Stillwater Park Urban Renewal Project with Phillip T. and Lucille M.
MewburY and
wIBREAS, the eaidphillip T. S, Lucille M. NouTury
has offered to pay the am of Eight Hundred Dollars ($800.00)
for said parcel , said price being the Sluices, 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 provlafons of Chapter 168 of the Private and
Special Laws of Maine, 1957, as mended, City Council approval of all contracts
for the sale of land within e the project areaisrequired; and
WHEREAS 8411 lF T Renewal urlle Nity ham filed a copy Of the
proposed contract with in the office of the City Clerk;
NOW, TUEREPURE, BE IT DBDERED:
THAT the proposed contract on file with the City Clerk be aM
is hereby approved.
IN CITY COUNCIL
Oct. 16, 1967
The ordinance requiring the filing of a:
order was suspended by the following yes
councilorsaw no voting yea
Baldac CiorParty, BCOnatas, Bruen, Nutt,
M<Kay, Minsky, Porter. Councilor absent:
Houston. Tris order was then received
and PASSED.
ITT CLEFW-
240-U
ORDER
Title:
Contract for Mand In Stillwater Park
......N.c...1.8.4 .................
UR .- .. Parcel ..
.................... 6.................
CONTRACT FOR SALE OF LAND
(OFFER AND ACCEPTANCE)
STILLWATER PARK PROJECT
PROIECT NO. ME. R-4
- 15Ty 1 S 1917
Date
T0: Urban Renewal Authority of the
City of Bangor ("Seller")
City Hall,
Bangor, Maine
OFFER:
1.
herein called "Buyer Offers to bug, subject to the terms set forth herein, the
following described land:
Lot numbered 1; . as shown n Plan Of Hand entitled
"Stillwater Pa—I Project, Bangor, Penobscot County, Maine,
Urban Renewal Authority of the City of Bangor, Project
Me. R-4" consisting of nine (9) Pages and recorded in
Penobscot Registry of Deeds in Plan Book �, Pages
to incluxl
2. Buyer will pay j `�rL6"d-/ N
Dollars (bq, ) far said
xoW land in cash within one hundred and tmen6
'�.y (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 Used, subject to all
easements of record, the Urban Renewal Plan for Stillwater Park Project, Banger,
Mine, R-4, (hereinafter called the 'Plan"), which was recorded in Book
Pages . to , inclusive, of records In Penobscot Registry of Heade at Bangor,
Maine, and to those conditions set forth bereinaftev to which Buyer expressly agrees.
(a) (i) The Buyer herein covenants by and for himself, his heirs,
executors, administrators, and assigns and all persons claiming under or through them,
that Buyer and such heirs, a ecutors, 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 f0 the Plan, as amended, Add As hereafter amended from time
to time;
(2) Not discriminate upon the basis of race,
color, creed or national origin 1a the sale, lease, or rental or in the use
or occupancy of the Property or arq Improvements erected or to be erected
thereon, or any pate thereof,
(it) It is intended and agreed that the agreements and
covermnts provided in this section shall be covenants running with the land
and that they shall, in any event, and without regard to technical classi-
fication or designation. legal or otherwise, and except only as specifically
provided in this Agreement, be, to the fullest extant permitted by law and
equity, binding for the benefit and in favor of, and enforceable by,
Seller, its successors and assign, the City of Ranger, ary successor In
interest to the Bever of the Property, and the owner of any other land (or
of any interest 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 (i) 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 agresawnt and covenant provided in clause (1) (1) shell
remain In effect until January 22, 2022, and during the term of any
aStenaton thereof, (at which time snob agreement are covenant shall terminate),
and these provided in clause (1) (2) shall remain in street without limitations
as to time: Provided, that such agreements and covenants shall be binding
on Rover 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.
(2) Nat discriminate upon the basis of race, color, creed
or national origin in the sale, lease, or rental or in the see 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 persona, on account of race, color, creed, natietml origin, or ancestry in
the sale, lease, smb.leaae, transfer, use,
e, occupancy, tenure, o enjoyment of the
Property herein conveyed, nor shall the Buyer himself, at any person claiming under
or through him establish or permit any such practice a= practices of discrimination
or segregation with reference to the selection, location, number, use or occupan-
of tenants, Lessees, sub -tenants, sub -lessees, or vendees in the Property herein
referred; and
(4) Comply with all state and local laws, in effect from
time to time, prohibiting discrimination or segregatdoi 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 covenants running with the land and that they
shall, in any event, and without regard to technical classification or designatloa,
legal or otherwise, add except only as specifically provided in this Agreement, be,
to the ful Lest extent permitted by lav and equity, binding for the benefit and in
favor of, and enforceable by, Seller, its successors and assigns, the City of Bangor,
any successor in interest to the Buyer of the Property, and the owner of any other
Land (or of any Interest in such land) In the Project Area which is subject 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 (1) hereof) against the Buyer, his sus r
a and assigns, to of the
Property or any interest therein, and any party in possesalan or occupancy Of the
Property. It is further intended and agreed that the agree ment and covenant provided
in clause (1) (1) shall remain 1n 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 (i) (2), (3), and (4) stall remain in effect with-
out limitations as to time; Provided, that such agreements and covenants shall be
binding on Buyer himself, each successor in interest cr assign, and each party in
possession or o copaacy, respectively, only for such period as he shall have title
to or an Interest in or possession or occupancy of the Property.
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(iti) 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 deemed a beneficiary of the agreements arta covenants provided in
subsection (1) of this section both for am in its awn right and also for the
purposes of protecting the interests of the community am the ether parties, public
r private, in whose favor or for whose benefit Such agreements and covenants have
been provided. Such agreements and roommate shall rm to favor of Seller am City
of Bangor for the entire period during which agreements and comments shall be in
force and effect, without regard to whether Seller and City of Bangor has at any
time been, remains, or is an neverof any land or interest therein to, or in favor
of which such agreements am surmounts relate. Seller and/or City of Bangor shall
Save the right, in the event of any breach of any Such agreement o root, to
exercise all the rights and remedies, and to maintain any actions at law or suite In
equity or other proper proceedings to enforce the curing of such breach of agree-
ment or covenant, to which it or any other beneficiaries of such agreemeat or
covenant may be entitled.
(b) To construct one (and not more than one) standard dwelling Donee
(single family) upon the land which will meet the minimum requirements as set by
'City of Bangor ordinances and the Plan. Construction meet start within six (6)
months of the date the Deed is recorded in the Buyer's name, and completion moat
be accomplished within twelve (12) months of date of commencing Construction. Plans
for said duelling 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 plum for approval by Seller, and evidence
satisfactory to the Seller of Buyer's ability to finance the construction of the
proposed Improvements.
(e) (i) Th the event that prior to comp_etion of the Improvements
as certified by Seller:
(1) Buyer (or successor in interest) shall default in or
violate his obligations with rampant to the construction of the Improvements
(including the nature am the date@ 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 (Sia (6) merge, if the default is with respect to the
date for completion of the Improvame ts) after written demand by the Seller so
to do, o
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(2) There is, in violation of this Agreement, any transfer
of the Property, Or any change in the ownership of the Property, and suchviolation
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 (find revert t0 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, orabrogate such default, failure, violation, or Other
action or Enaction, within the period and in the scatter stated in said clauses,
Seller at Its option may declare a termination in favor of the Seller of the title,
and of all the rights and interest, in the Property conveyed by the Warranty 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 Seller shall always be subject to and limited by, and shall not
defeat, render invalid, or Limit in any way (1) the lien of any mortgage authorized
by this Agreement and executed for the :sole purpose of obtaining funds to construct
the Improvements, and (2) any rights or interest prcvided 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 my deem desirable for effectuating the purposes Of this section
(c), including also the right to execute and record or file with the Penobscot
Registry of Deeds, a written declaration of the termination of all rights and .Citta
of Buyer, and his successors in interest and assigns, in the property, and the
revesting Of title thereto in the Seller; Provided, that any delay by the Seller
in instituting or prosecuting any such actions Or proceedings Or Otherwise asserting
its rights under this section shall not Operate as a. waiver of such rights or to
„deprive it of or limit such rights in any way (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 Otherwise) to exercise such remedy at
a time when it may still hope otherwise to resolve the problems created by the
default involved, prshall any waiver in fact made by Seller with respect to
any specific default by Buyer order this section (ci be considered Or treated as
a waiver of the rights of Seller with respect to day other defaults by Buyer under
this section or with respect to the particular default except to 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 the
purpose of redevelopment of the Property and not for speculation in Lana holding. The
Buyer further recognizesthat the qualifications and identity of the Buyer are of par-
ticular concern to the co®wity 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,rn so doing, is
s 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 requ4_ng in addition any surety fond
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 =aspect to staking the Improve-
ments under 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 octal fed
by the Seller, make or create, or suffer to be made or created, any total or part of
sale, assignment, conveyance, or Lease, or any treat or power, or transfer in any
other mode or form of or with respect to this Agre men= 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 Mat:
(1) Buy proposed transferee sha1L have the qualifications and
financial responsibility, as determined by the Seller, necessary and adequate to
fulfill the obligations undertaken in this Agreement by the Buyer;
(ii) There has been submitted to the Seller for review, and the
Seller has approved, all instruments and other legal documents involved in effecting
transfer
(111) The consideration payable for the transfer by the transferee
or on his behalf shall not exceed an account representing the actual cost (including
carrying chargee) to the Buyer of the Property and the Improvements, if any, Cher=--
refers.made thereon by him; it being the intent of this provision to preclude assign
went of this Agreement or transfer of the Property for profit prior to the completion
of the Improvement&, and to provide that in the event any such assignment or trans far
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
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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 with such other
conditions as the Seller may find desirable in order to achieve and safeguard the
purposes of Chapter 166 of the Private and Special .laws of Maine, 1951, as amended,
and the Urban Removal Plan, as amended, and the Federal Mousing 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 shell be
deemed to relieve the Buyer or a" 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 Agreement are intended to or shall
be merged by reason of any Used transferring title to the property from the Seller
to the Buyer or any successor ininterest, 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 interest, shall
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 can.
situation 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 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 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 necking
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
1n writing, and of the cause orcauses 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 Buys r, neither
the Buyer nor
any successor in interest to the Property shall engage in ary financing
or any other transaction creating 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 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 Seiler 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 authorised by this Agreement (including airy such holder who obtains
title to the property as a result of foreclosure proceedings or action in lieu
thereof, but not including (1) any other party who thereafter obtains title to the
property from or through such holder or (2) any other purchaser at foreclosure
sale other than the bolder of the obligation itself) shall in no wise be obligated
by the provisions of this Agreement to construct or complete the Improvements of to
guarantee such construction orcompletion; nor shall any covenant or any other pro-
vision in the Beed be construed to so obligate such hot dat: 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.
pert 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, at associa-
tion in which he is, directly or indirectly, interested. No member, official, of
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 airy amount
which mey become due to the Buyer or successor Or an 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 thlety
Dollars (6 mF-a0 ) which sum is at least five percent (5%) of the offered
purchased price as earnest money t0 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 rut 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 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.
J. This offer is binding upon Buyer if accepted by Seller within sixty
(60) days and cannot be withdraw during this time. If wt acoepted by Seller
Within sixty (60) days, It is automatically cancelled and expires, in which case
the earnest money shall be proaptly refunded to Buyer, without Interest.
S. Closing 0f purchase shall take place not more than can hundred twenty
(120) days, or as otherwise specified in Paragraph 2 hereof, from date 0f acceptance
of this offer by Seller, and n0ti£iciatiou to Buyer thereof by returning to Buyer
one (1) accepted copy of this offer to tae address indicated below. The Land shall
be conveyed to the Buyer by a Warranty Deed on mate of closing.
9. The Seller may or the Buyer shall promptly file the Deed for recordatioi
in the Penobscot Registry of Deeds at Burger, Paine. The Buyer Small pay all costs
(including the cost Of the Federal documutary stamp tax on the Deed, for which
stamps in the proper amount shall be affixed to the Deed by the Buyer) fox so
recording the need.
le. Promptly after completion of the Improvements in accordance with this
Agreement, the Seller will furnish the Buyer with an appropriate Instrument e0
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 Deed with respect
t0 the Obligations of the Buyer find his heirs and assigns to construct the
Improvements and the dates for the beginning and completion thereof. The cert-
ification shall be in Such form as will enable it to be recorded. If the Seiler
shall refuse or fail to provide the certification, the Seller shall, within
days after written request by the
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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 Beller, for the
Buyer to take or perform in order to obtain the certification.
11. The word 'Buyer" in this agreement shall be construed to mean both
the plural and singular number, in any gender, and to mean not only the patty
thereby designated, but also his, her, or their respective heirs, assigns,
executors, administrators, or successors in interest, or, in the event that
any such party is a corporation, its or their successors or. ase Lgos.
�.�
NI e s Buyer
witness �
-foyer
In City Council
hate
Address
yam_
Telephone
Council order He.
A True Copy, Attest:
City Clerk
'9-
ACCEPTANCE
The above offer is accepted this day of 19
and accordingly constitutes a binding contract for sale of land between Buyer and
Seller.
URBAN MEWAL AOTEOAITY OF
(SEAL) THE CI_'Y OF BABGOR
Witness Chairmen
Executive Director
APPROM AS TO LEGAL FORM AND ADEQUACY:
Attorney