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HomeMy WebLinkAbout1967-08-28 211-U ORDER211-U Introcaced by Councilor procures, Aug. 28, 1967 �p CITY OF BANGOR QITTE.) Mrbers--Approying Proposed Cogract for. Bale of Land in the Stillwater _Park Urban Renewal Project _ Parcel. No 88 BY the City Couneii of the pry ofBawya: 'ORDERED, THAT WHEREAS, the Urban Renewal Authority of the City of Bangor propeaes to enter into a contract for the sale of parcel combated 88 in the Stillwater Park Urban Renewal Project with Robert E. s Barbara 5. runt , and WHEREAS, the said Robert E. and Barbara S. Lunt has offered to pay the sum of Fifteen Hundra] Dollars 51 500.00 for said parcel said price being the minimm approved price for said parcel as established by the Urban Renewal Autboritj and approved by the Departaent of Housing and Urban Development and WHEREAS under, the provisions of Chapter 168 of the Private and Special Laws of Maine, 1957, as amended, City Council approval of all contracts for the sale of land within the project area is required; and WHEREAS, the Urban Renewal Auohority has filed a copy of the proposed contract with Hobert E.a Barbara 8 Sunt In the office of the City Clark; NOW, THEREFORE, BE IT ORDER8C: THAT the proposed contract on file with the City Clerk be AM is hereby approved. nl-U R E:CEI V ED issr AIIC23 KA 4:02 ORDER CITY CLERK'S OFFICE - •v ne e+9caR MANN TiT3e2 IN CITY COUNCIL Aug. 26, 1967 PMSEO Sa1C O{.E.1➢ 5(i}lwatec Pk[IA P=el No. 88 ...................................... Introduced evd filed by / Ro .. •co�mciLmn � CONTRACT FOR BAL& OF LAND (OFFER AND ACCEPTANCE) �. Cd -5 STILLWATER PAM PROGECT PROJECT No. ME. R-4 �s lo�I�l'A Date// ILZ T0: Urban Renewal Authority of the City of Bangor ("Seller") Cfry Nall, Bangor, Maine OFFER: 1. Retain called "Buyer", offers to buy, subject to the t, =a set forth herein, the following described land: Lot numbered 4Y. shown on Plan of Land entitled "Stillwater Park rroojjeec e Bangor, Penobscot County, Maine, Urban Renewal Authorityofthe City of Bangor, Project M. R-4" consisting of nine (9) Pages and ^^ recorded in ✓✓ Penobscot Registry of Needs in Plan Book �, Pages / to 9 inclusive. // 2. Buyer will Ray //f re Hav Dollars ($ i orV0 .o` ) for said lend in cash within one hundred and twenty (12C) days after the acceptance of this offer by Seller. Me Authority may grant additional time, upon written request from the Buyer. 3. Conveyance of said land shall be made by Warranty Geed, 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. .74,E Page( -70 to `(X, inetusive, of records in Pw.obacct Registry of Deeds at Bangor, Maine, and to those conditions set forth hereinafter 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 ander 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 only to and in accordance with, the use specified in the Plan, as amended, gpd as hereafter asserted from tame to time; (2) Not discriminate upon the basis of rase, color, creed or national origin in the sale, lease, or rental or in the use or occupancy of the Property or any Improvements erected or to be emoted thereon, or any part thereof. (a) It is intended and agreed that the agreements and covenants penciled 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 extent permitted by law and equity, binding for the benefit and in favor of, and enforceable by, Sellar, its successors am assigns, the City of Censor, any successor in interest to the Buyer of the Property, end the owner of any other land (or of Any interest in such lantl) in the Project Area which is subJeat to the lard use requirements " restrictions of Lha Urban Renewal Plan, as ameMede and the United States (in the case of the coverant provided in subdivision (2) of subsection (1) hereof) against the Cnyer, 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 intenied and agreed that the agreement end covenant provided in closer (1) (1) shall remain in affect until January 22, 2022, and during the term of any extension thereof, (at which tiro such agreement and covrenant shall terminate), and those provided in elapse (1) (2) shall remain in effect without llmitatio:qe as to ties: Provided, that such agreements and covenants shall be binding on Buyer himself, sun succesaor 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. (tit) In amplification, and not in restriction, of the provisions of the preceding subsection, it Is intended and agreed that Seller and City of Banger shall be deemed a beneficiary of the agreements and covenants provided In subsection (i) 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 r private, to whose favor or for whose benefit such agreements and covenants have been provided. Such agreements and covenants shall ran in favor of Seller and City of Bangor for the entire period during which agreements and covenants shall be in force and e`fect, without regard to whether Seller and City of Bangor has at any time been, remains, or is a e of any lard or or interest therein to, or in fav 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 alltherights and remedies, and to maintain any actions at lav or suite in equity or other proper proceedings to enforce the curing of such breach of agree - ,rent or covenant, to which it or wry ether beneficiaries of such agreement or covenant may be entitled. (b) To construct one (and not more than mel standard dwelling house (single family) upon the land which will meet the minimum requirements as wet by City of Bangor ordinances and the Plan. Construction must start within six (6) months of the date the Deed is recorded in the Buyer's na , and Completion at be accomplished within twelve (12) months of date of commencing moconstruction. Plana for said dwelling housewill be subject to review by Seller prior to conveyance of the Sand. Within ninety (90) days of the date of the acceptance of the offer by Seller, Buyer agrees to submit construction plans for approval by Seller, and evidence satisfactory to the Seller of Buyer's ability to finance the camtruct£ou of the proposed Improvements. (c) (i) In the event that prior to completion of the Improvements as certified by Seller: (1) Buyer (or successor 1n interest) 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 wcrk, and any, such default or violation, abandonment, or suspension, shall not be cured, ended, or remedied within three (3) months (six (6) months, if the default is with respect to the date for completion of the Improvements) after writter. demand by the Seller no to do, o (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 shell have the right to re-enter and take possessionof the Property and to terminate (and revert to the Beller) the estate conveyed by the Warranty Beed 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 ether action or inaction by the Buyer specified in clauses (1) and (2) of this subsection (1), failure on the part of the Buyer to remedy, end, or abrogate such default, failure, violation, or ether action or Inaction, within the period and In the manner stated in said clauses, Seller at its option may declare a termination in favor of the Seller of the ritle, and of all the rights and interest, In the Property conveyed by the Warranty Ned to the Buyer and that such title, and all rights and interest of the Buyer, and any assigns orsore in interest, in the Property, shall revert to the Sellar' Provided; that such condition subsequent and any revesting of title ase result thereof 1n Seller shell always be subject to 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, and (2) any rights or interest provided in this Agreement for the protection of the holders of such mortgagee. (ii) pellet shall have the right to Institute such actions or proceedings as it may deem desirable for effectuating the purposes of this aotlon (c), including also the right to execute and record or file with the Penobscot Registry of Deed&, a written declaration of the termination of all rights and title of Buyer, and his successors in interest and assigns, in the Property, and the revestLng of title thereto it the Seller; Provided, that any delay by the Seller in instituting or prosecuting any such actions or proceedings or otherwise aeeertin its rights under this section shall not operate as a. waiver of such rights or c0 .deprive it of or limit such rights in any way (St 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 a- a time when it may still hope otherwise to resolve the problems created by the default involved, ar shall any waiver in fact made by. Seller with respect to any specific default by Buyer under this section (c) be considered or treated as a waiver of the rights of Seller with respect to any other defaults by Buyer under this section or with respect to the particular default except to the extent specifically waived. -4- (d) The Buyer represents and agrees that his purchase of the Property, and his other undertakings pursuant to this Agree ment, are, and will be used, for the purpose of redevelopment of the Property and notfor speculation in lana holding. The Buyer further recognizes that the qualifications and identity of the Buyer are of par- ticular concern to the community and the Seller. The Buyer further recognizes that it is because of such qualifications and identity, that the Seller is entering into this Agreement with the Buyer, and, in so daing, 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 requirtng 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 created,' and that he will not, prior to the propel c ompletion o'_ the Improvements as certified by the Seller, make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Property, or any interest therein, or any contract or agreement to do any of the s , 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 effecting transfer; (iii) The consideration payable for the transfer by the transferee or on his behalf shall not exceed an Amount representing the actual cost (including carrying chargee) to the Buyer of the Property and the Improvements, if say, there- tofore made thereon by him; it being the intent of this provision to preclude a sign- ment of this Agreement or transfer of the Property for profit prior to the completion of the Improvements, and to provide that in the event any such assignment or transfer is made (and in 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 1s in excess of the amount so authorized, belong and be paid to the Seller. (iv) The Buyer and his transferee shall comply wi tbsuch other conditions as the Seller may find desirable fa 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 1949, as amended: Provided, that in the absence of specific written agreement by the Seller to the contrary, no such transfer or approval by -he Seller thereof shall be deemed to relieve the Buyer or any other party bound In any way by this Agreement or otherwise with respect to the construction of the Improvements, from any of his obligations with respect thereto. (e) None of the provisions of this Agreement are intended to or shall be merged by reason of any Beed 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 affect or impair the provisions and covenants of this Agreement. (f) For the purposes of any of the provision 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.- structlon 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 emmy, acts of the Govar,ment, acts of the other parry, 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 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 in writing, and of the cause or causes thereof and requested an extension fox the period of the enforced delay. n6- (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 aryflnancing 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 Seller of any encumbrance or lien that has been created on or attached to the Property, whether by voluntary act of the Buyer or otherwise. (h) Notwithstanding any of the provisions of this Agreement, Including but not limited to those representing covenants running with the lend, the holder of any obligation authorised 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 obtains title to the property from or through such holder or (2) any other purchaser at foreclosure sale other than the holder of the obligation itself) shall in no wise be obligated by the provisions of this Agreement to construct a complete the Improvements or to guarantee such construction or completion; nor shalany 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 deemed 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 Mose 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 Seiler shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, or employee participate in any decision relating to this Agreement which affects his personal interests or the interests of any corporation, partnership, or aseocia- tion in which he is, directly or indirectly, interested. No member, official, of employee of the Seller shall be pere onally 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 may became 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 shall be paid by Seller. 6. Buyer herewith tenders PVe.,mo Dol Lars ($ 7f .Am ) which sum is at Least/five percent (5%) of the offered purchased price as earnest money to become a part of the payment of the purchase price of the land upon acceptance of this offer by Seller, This sum shall be held by Seller and if this offer is net 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 othexwiee if the Buyer fails to complete the purchase of said land within the time specified In Paragraph 2 herein. I. This offer Is binding upon Buyer If accepted by Seller within sixty (60) days and cannot be withdrawn during this rise. If not accepted by Seller within sixty (60) days, 1t is automatically cancelled and expires, in which case the earnest money shall be promptly refunded to Buyer, without interest. g. Closing of purchase shall take place not more than am hundred twenty (120) days, or as otherwise specified in Paragraph 2 hereof, from date of acceptance of this offer by Seller, and notificiation 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 may or the Buyer shall promptly file the Deed for recordation in the Penobscot Registry of Deeds at Bangor, Maine. The Buyer shall pay all costs (including the Cost of the Federal documentary stamp tax on the Deed, for which stamps In the proper amount shall be affixed to the Deed by the Buyer) for so recording the Geed. 10. Promptly after completion of the Improvements in accordance with this Agreement, the Seiler will furnish the Buyer with an appropriate instrument so certifying. The certification by the Seller shall be (and it shall be so provided in the Ned and in the certification itself) a conclusive determinatloo of satis- faction and termination of the covenants in the Agreement and the Deed with respect to the obligations of the Buyer and his heirs and assigns t0 construct the Improvements and the dates for the beginning and completion thereof. The cert- ification shall be in such farm as will enable it to be recorded. If the Seller shall refuelp r fail to provide the certification, the Seller shall, within days after written request by the .g Buyer, provide the Buyer with a written statement indicating in adequate detail how the Buyer has failed to complete the Improvements it conformity with the Urban Renewal Plan or this Agreement, or is otherwise in default, and whet measures or acts it will be necessary, in the opinion of the Be11eT, 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 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. In City Council Date v Buyer Address —� Telephone Council Order No.� A True Copy, Attest: City Clerk s9 ACCEPPANCE The above offer is accepted this day of 19 and accordingly constitutes a binding contract for sale of land between Buyer and Seller. URBAN RESIDUAL AUTHORITY OF (EEBE) THE CITY OF BANGOR Witness Chalruen Executive Director APPROVED AS TO LEGAL FEW AND ADEQUACY: Attorney -10-