HomeMy WebLinkAbout1967-06-12 165-U ORDER165-U
Introduced by Councilor erountas, dune 13, 1967
CITY OF BANGOR
(TITLE.) (Prberl.....,Approvins Proposed Cogract for., Sale of Lana in_ the Stillwater
Park Urban Renewal Project Parcel No 163
By the OUR cowuil of W M4 WBanpor:
ORDRRRD,
TEAT WHEREAS, the Urban Renewal Authority of the City Of Bangor proposes
to enter into a contract for the sale Of parcel numbered 163
in the Stillwater Park Urban Renewal Project with Donald K. & Dorothy A. Hawkes
and
WHEREAS, the said Donald K. & Dorothy A. Hawkes
has offered to pay the sum of One thouxend x1r Funtlred dollars (51 6ao1
for said parcel said price being the minimum approved price for said parcel
as established by the Urban Renewal Authority and approved by the Department of
Housing and Urban Development; and
WHEREAS under the provisions of Chapter 168 of the Private and
Special Laws of Maine, L957, as amended, City Council approval of all contracts
for the sale of land within the project area is required: and
WHeREAS, the Urban Renewal Authority has filed a copy of the
proposed contract with posit & norntno Nawk„n in the office of the City Clerk;
NOW, THEREFORE, BE IT ORDERED:
THAT the proposed contract on file with the City Clerk be and
is hereby approved.
WGi ,li 1.?i 'L. 41
ORDER
Y C L'li $ GFFCE
c Siue,
IN CITY COUNCIL
Jwe 12, 1967
PASSED
Sale of Land in Stillwater Park UR
.................... 6.................
P[Oject - Pamel NO. UP 163.
....... 6 ..............................
Introducedd flied
� eil .
Cowcilmen
i
CONTRACT FOR SALE OF LANA
�- MAY 1119670
(OFFER AND ACCEPTANCE) _
STILLWATER PARR PROJECT g s`w '1° /
PROJECT NO. ME. R-4 1 jy
Date May 9, 1967
TO: Urban Renewal Authority of the
City of Bangor ("Seller")
city Hall,
Bangor, Maine
sn !!II �/(/�f
OFFER: 1. ��mfm['�S' 9C/ 2u� V/mea-Lbv Vi. /rMc l-ftB-1?/
herein called "Buyer", offers to buy, subject to the terns sec forth herein, the
following described land:
Lot numbered JAI as show on Else, of Land entitled
"Stillwater Park Project, Bangor, Penobscot County, Maine,
Urban Renewal Authority of the City of Bangor, Project
M. R-4" consisting of nine (9) Pages and recorded in
Penobscot Registry of Deeds in Plan Book Pages 1
to a , inclusive.
2. Buyer will pay p.t.an lh.A l
Dollars ($ 1,M WD ) for said land in cash within one hundred and twenty (120)
days after the acceptance of this offer by Seller. The Authority may grant additional
time, upon written request from the Buyer.
J. Conveyance of said land shall be made by Warranty Need, subject to all
easements of record, the Urban Renewal Plan for Stillwater Park Project, Bangor,
Mein, R-4, (hereinafter called the "Plan"), which was recorded in Zook Mfia
Pages gag to ENR , inclusive, of records in Penobscot Registry of Needs at Bangor,
Maine, and to those conditions set forth hereinafter to which Buyer expressly agree@.
(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, executors, administrators, and assigns, and all persons
claiming under or through them, shall:
(1) Devote the Property to, and Daly to and in accordance
with, the use., specified in the Plan, as amended, gpd As hereafter amended from time
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 and Improvements erected or to be erected
thereon,, or any part thereof.
(ii) It is Intended and agreed that the agreements and
commute provided in this section shall be covenants rvming with the land
and that they shall, in any event, and without regard to technical claeei-
flcatlon or designation, legal or otherwise, and except only as specifically
provided in this Agreement, be, to the fullest 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 fungus, and successor in
interest to the Suver of the Property, and the owner of any other land (or
of and interest in such land) in the Project Area which is subject to the
land use requiremente 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 successors
and assigns, to or of the Property or any interest therein, and any party
in possession or occupancy of the Property. It is further intended and
agreed that the agreement and covenant provided in clause (1) (1) shall
remain in effect until January 22, 2022, and during the tern of and
extension thereof, (at which time such agreement and covenant shall teradnate),
and those provided in clause (1) (2) shall remain in effect without limitations
as to tlne: Provided, that each agreements and covenants shall be binding
on Bever hlmmlf, each successor in interest or assign, and each party
in possession or occupeney, respectively, only for such period as he aball
have title to or an interest in or possession or occupancy of the Property.
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(iii) 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 agreemeuta and covenants provided in
subsection (1) of this section both for and in its own right and also for the
purposes of protecting the interests of the community and the other parties, public
or private, in whose favor or for whose benefit such agreements and reversers 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 hag at any
time been, remains, or is as ownerof any Sand or interest therein to, or in faucet
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 lav or suits in
equity or other proper proceedingg to enforce the curing of such breach of agree-
ment or covenant, to which it or any ether beneficiaries of such agreement or
covenant may be entitled.
(b) To construct one (and not more than coal standard Smalling house
(single family) upon the land which will meet the minimum requirements as sac by
City of Bangor ordinances and the Plan. Caen erection most start within six (6)
months Of the date the Deed 1s recorded in the Buyer's name , and completion must
be accomplished within twelve (12) months of date of commencing construction. Flees
for said dwelling house will be subject to review by Seller prior W conveyance of
the land. Within ninety (90) days of the date of the acceptance of the offer by
Seller, Buyer agrees to submit construction piano for approval by Seller, and evidence
satisfactory to the Seller of Buyer's ability to finance the construction of the
proposed Improvements.
(e) (i) In the event that prior to completion of the Improvements
as certified by Sellar!
(1) Buyer (or successor in intrrest) shall default in or
violate his. obligations with respect to the construction of the Improvements
(Including the nature and the dates for the beginning and completion thereof), or
shall abandon or substantially suspend construction wank, and any such default or
violation, abandonment, Or suspension, shall not be Cured, ended, or Iemedied
within three (3) months (six (6) months, if the default is with respect to the
date for completion Of the Improvements) after written demand by the Seller so
to do, o
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(2) There is, in violation of this Agreement, any trans --or
of the Property, or any change in the ownership of Cie Property, and such violation
shall not be cured within thirty (30) Saye after written demand by the Seller to
Buyer; then Seller shall have the right to re-enter and take possession of the
Property am 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 to the effect that in the
event of any default, failure, violation, or other action or inaction by the
Buyer specified in clauses (t) and (2) of this subsection (f), failure on the part
of the Bayer to remedy, end, or abrogate such default, failure, violation, or onher
action or inaction, within the period and in the ma,u,er stated in said clauses,
Seller at its option may declare a cetnunatlon in favor of the Seller of the title,
and of all the rights and interest, in the Property conveyed by the Warranty Deed
t0 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 SQller.
Provided; that such condition subsequent and any revesting of title as a result
thereof in Seller shall always be subject t0 and limited by, and shall not
defeat, render invalid, Or limit in any any (1) the lien Of any mortgage authorized
by this Agreement and executed for the :sole purpose of obtaining funds to construct
the improvements, add (2) any rights or interest provided in this Agreement for
the protection of the holders of such mortgages.
(if) 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 title
of Buyer, and his successors in interest am 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 ae a. waiver of such rights or to
adeprive it of or limit such rights in any way (it being the intent of this pro-
vision that Seller should not be constrained So as to avoid the risk of being
deprived of of 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 floe when it may still hope otherwise to resolve the problems created by the
default involved, nor shall any waiver in fact made by Seller with respect to
any specific default by Buyer order this section (e) be considered or treated as
a waiver of the rights of Seller with respect to any other defaults by Buyer under
this section of with respect to the particular defadt except to the extent
specifically waived.
_p
(d) The Buyer represents and agrees that his purchase of the Property,
and his other undertakings pursuant to this Agreement, are, and will be need, for the
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 co®unity and the Seller. The 3uyer 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 wf lithe to accept and rely on
the obligation of the Buyer for the faithful performances 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 Improve-
ments under this Agreement, the Buyer (except as so authorized) has not made or c-eated,
and that he will not, prior to the proper completion of the Improvements asertLied
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 spy
interest therein, or any contract or agreement to do ary of the same, without prior
written approval of the Seller. The Seller shall be entitled to require as conditions
to any such approval that:
(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;
(ii) There has been submitted to the Seller for review, and the
Seller has approved, all instruments and other legal documents involved in effect Eng
transfer;
(111) The consideration payable for the transfer by the transferee
or on his behalf shall not exceed fl nc
amount representing the actual cost (iluding
c Frying charges) to the Buyer of the Property and the Improvements, if any, there-
tofore.made thereon by him: it being the intent of this provision to preclude asefgn-
want of this Agreement or transfer of the Property for profit prior to the completion
of the Improvements, and to provide that in the event any such assignment or transfer
is made (and is not cancelled), the Seller shall be entitled to increase the purcase
price to the Buyer of the Property provided in Section 2 of this egre ment by the
amount that the consideration payable for the assignment or transfer in in. excess
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of the amount authorised 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 168 of the Private and Special Laws of Maine, 1957, as amended,
and the Urban Renewal Plan, as amended, and the Federal housing Act of L949, 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 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 Agreemeit 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 in interest, and any such need shall not be deemed to
effect or impair the provisions and covenants of this Agreement,
(f) For the purposes of any of the previsions 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 con.
struetton of the Improvements, or progress with respect thereto, in the event of
enforced delay to 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, fire&, floods, epidemics, quarantine restrictions, strikes, freight embargoes,
and unusually severe weather or delays of subcontractors due to suchcauses; it
being the purpose and intent of this provision that in the event of the occurrence sf
any such enforced delay, the time or time 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 partyseeking
the benefit of the provisions of this section shall, within sixty (60) days after
the beginning of .:any each enforced delay, 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 other encumbrance or lien upon
the Property, whether by express agreement or operation of lav, or Buffer 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 Improvementa.
It is further agreed that the Buyer (or successor in interest) shell 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.
(b) Notwithstanding any of the provisions of this ugre mea , 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 obtain
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
Bele other than the holder of the obligation itself) shall in no wise be obligated
by the provisions of this Agreement to construct or complete the Improvements or to
guarantee such construction orcompletion; nor shall any covenant or any other pro-
vision in the Deed be construed to so obligate such holder: Provided, that nothing
in this section or any other section or provision of this Agreement shall be dread
Or construed to pe tail or authorize any such holder to devote the property or any.
part thereof to any uses, r 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, 1n 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, of associa-
tion in which he is, directly or indirectly, Interested. No member, official, or
employee of the Seller shall be pure onally liable to the Buyer or any successor in
fateieat in the event of any default or breach by the Seller or for any amount
which may become due to the Buyer or successor or on any obligations under the terms
of this Agreement.
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5. Taxes and special assessments, if any, due on or before the closing
date shell be paid by Seller.
6. Buyer herewith tenders gigdMy
Dollars ($ p,m ) which am is at least five percent (5%) of the offered
purchased price as earcest money to become a part of the payment of the purchase
price of the land upon acceptance of this offer by Seller. This a= 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 Seller for legal
advertising, title search, internal Authority administrative notions or otherwise
if the Buyer falls tot omplete the purchase of said land within the time specified
in Paragraph 2 herein.
>. This offer is binding upon Buyer If accepted by Seller within sixty
(60) days and cannot be withdrawn during this time. If not accepted by Seller
within sixty (60) days, It Is automatically cancelled and expires, in which case
the earnest assay shall be promptly refunded to Buyer, without interest.
8. 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 a ceptanca
of this offer by Seller: and rotificlation to Buyer thereof by returning to Buyer
one (1) accepted copy of this offer to the address indicated below. The land shall
be conveyed to the Buyer by a Warranty Deed on date of closing.
9. The Seller any or the Buyer shall promptly file the Deed for recordation
in the Penobscot Registry of Deeds at Bangor, Maine. The Buyer shall pay all costa
(Including the cost 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 (anti it shall be so provided
in the Deed and in the certification itself) a conclusive determination of satis-
faction and me mination 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. Me 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 shell, within
thu" ( 31 ) 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 Agre went, or is otherwise it default, and what
measures or acts it will be necessary, in as opinion of the Beller, for the
Buyer to take or perform in order to obtain the certification.
L1. The ward "Buyer" in this agreement shall be construed to mean both
the plural and singular number, In any gender, and to mean 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. assigns.
./�
2
Witness Buyer
Witness Bs er
In city Council
Date
Ad=d—'
dress
F4dA- e3 8"
Telephone
Council Order No.�
A Tr"e copy, Attest
City Clerk
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The above offer is accepted this day of l9_
and accordingly constitutes a binding contract for sale of land between Buyer and
Seller.
URBAN RENEWAL AUTHORITY OF
(gFgl) THE CITY of BANGOR
Witness Chairman
Executive Director
APPROVED AS TO LEGAL FORK AND ADEQUACY:
Attorney
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