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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. -2- (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 -3- (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 -5- 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. -6- (g) Prior to the completion of the Improvements by the Buyer, neither the Buyer nor any successor in interest to the Property shall engage in any financing or any other transaction creating any mortgage or 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. -7- 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 -8- 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 _9_ 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 -10-