HomeMy WebLinkAbout1967-12-27 34-V ORDER30-V
Introduced by Councilor frown, Dec. 27, 1967
_q 1 CITY OF BANGOR
(TITLE.) MrhBn,_. Approving Proposed Contract for., Sale of Landin the Stillwater
Perk Urban Renewal Project Parcel No 174
BY E" ary Council of atp ofBanpar:
ORDRRED,
THAT NIEREA$, the Urban Renewal Authority of the City of Bangor proposes
to enter Into a contract for the sale of parcel membered 174
in the Stillwater Perk Urban Renewal Project with Arnold R. hue
; and
WIH:REAS, the said Arnold R. True
has offered to pay the sum of Eight Hundred ($800.00)
for said parcel , said price being the minimum approved price for said parcel
as established by the Urban Renewal Authority and approved by the Department of
Housing and Urban Development; and
WHEREAS under the provisions of Chapter 168 of the Private and
Special Laws of Maine, 1957, as arended, City Council approval of all contracts
for the Bale of lend within the project area is required; and
WHEREAS, the Urban Renewal Authority has filed a copy of the
proposed contract with Arnold R. True in the office of the City Clerk;
NOW, THEREFOCK, BE IT MIME;
THAT the proposed contract on file with the City Clerk be aM
Is hereby approved.
1967 OEC 20 AP 11: 04
CITY CI ERNS OFFICE
ITV 1, r. WINF
IN Cl� COUNCIL
Der. 27, 1967
PASSED
34-V
ORDER
Title,
AP Twins Sale of Land in Stillwater
......................................
Introduced � flied by
..A4 6 Cowcilvanunell n
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CONTRACT FOR SALE OF LAND �QVG 7
(OFFER AND ACCEPTANCE) 8\
STILLWATER PARR PROJECT P
PROJECT NO. RE. R-4
Date
T0: Urban Renewal Authority of LM1e
City of Bangor ("Seller")
city Hell,
Bangor, iLLine
OFFER: X
1. fY .P Nocp � TUf
herein called "Buyer , offers to buy, subject to the terms set forth herein, the
following described land:
Lot numbered /70' as Shown on Plan of Land entitled
"Stillwater Park Project. Bangor, Penchacot County, Maine,
Urban Removal Authority of the City of Harbor, Project
Ne. R-4"onsisting of nine i9) Paes and recorded in
Penobscot Registy of Needs n PlanBook j2aL, Pages L
to , inclusive.
2. Buyer will Ray L.aFT fyLLn.09P/
Dollars ($ x00 , " ) for said and in cash wieM1iA one hundred and tweoay (120)
days after the acceptance of this offer by Seller. no Authority may great additional
time, upon written request from the Buyer.
3. Conveyance of said land shall be ends by Warranty Used, subject to all
easements of record, the Urban Renewal Plan for Stillwater Park Project, Bangor,
Palms, 'R-�4,p(hereinafter called the "Plano), which was recorded in Bonk -;2b63
Pagq)( n iso << , inclusive, of records in Peeobscot Registry of Deeds at Bangor,
Maine, and to those conditions set forth hereinafter to which Buyer expressly agrees.
(a) (1) She Buyer herafn covenants. by aul 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 persona
Claiming under or through ahem, shall:
(1) Devote the Property to, and only to and in accordance
with, the use.s specified in the Plan, as aonnded, Bpd or hereafter arrested if= tion
to time;
(2) Not discriminate upon the basis of race,
color, creed or national origin In the saleu lease, or rental or in the use
or occupancy of the Property or my Improvements eracted or to be erected
thereonn or any Part thereof,
(11) It Is intended and agreed that the agreements and
covenants provided in this section stall be covenants running with the land
and that they shall, in any event„ and without regard to temotoal claeel-
flcatim or deeignationo legal or otherwise, and except only as specifically
provided in this Agraeumt, ben to the fullest extent permitted by law and
equityn binding for the benefit and in favor of, and enforceable by,
Beller, its successors and assigns, the City of Banger, any successor in
interest to the Buyer of the Property, and the owner of any other land (or
of ary interest in such land) in the Project Area which is subject to the
land use requirements and restrictions of the Urban Normal Plan, as
amended, and the United States (In the case of the covenant provided in
subdivision (2) of connection (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, 2o22s and during the term of any
extension thereof, (at which time such agreenent and covenant shall terminate),
and inose provided in clause (1) (2) shall remain in effect without limitations
as to tinea Pro�ded that such egreenents and covenants shall he binding
on Buyer himself, each successor in interest or assign, and each party
in possession or occupancy, respectively, only for such period as he shall
have title to or an interest in or possession or occupancy of the Property.
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(lit) In amplification, and not in restriction, of the provisions
of the preceding subsection, it in intended and agreed that Seller and City of
Bangor shall be deemed a beneficiary of the agreements and eoverents 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 ether parties, public
r private, in whose favor an for whose benefit such agreements and covenants have
been provided. Such agreements and covenants shall run, In favor of Seller and City
of Bangor for the entire period during Mich agreements and covenants shall be in
force and effect, without regard to whether Seller Ave City of Bangor has at any
time been, remains, or is an e of any land or interest therein to, or in favor
of which such agreements and covenants relate. Seller aWor 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 law or suits in
equity or other proper proceedings to enforce the curing of such breach of agree-
ment or covenant, to which it or any other beneficiaries of such agreement or
covenant may be entitled.
(b) To conectuct one (and not more than ane) standard dwelling house
(single family) upon the land which will meet the minimum requirements as set by
City of Bangor ordinances awl the Plan. Construction moat start within six (6)
months of the date the meed is recorded In the Buyer's name , and completion moat
be accomplished within twelve (12) months of date of commencing construction. Plane
for said dwelling house will be subject to review by Seller prior to conveyance of
the land. Within ninety (90) days of the date of the acceptance of the offer by
Seller, Buyer ogres to submit construction plana for approval by Seller, and evidence
satisfactory to the Beller of Buyer's ability to finance the construction of the
proposed Improvements.
(e) (f) it the event that prior to completion of the Improvementa
as certified by Seller,
. (1) Swat (or successor in interest) shall default in or
violate his obligations with respect to the constructaen of the Improvements
(including the nature and the dates 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 (six (6) months, if the defau_t is with respect to the
date for completion of the Improvements) after written demand by the Seller so
to do, o
(g) Photo is, in violation of this Agreement, any transfer
of the Property, or any change in the ownership of the Property , and such violation
shall not be cured within thirty (30) days after written demand by the Seller to
Buyer: then Seller shall have the right to re-enter and take possession of the
Property am to terminate (and [evert 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 ode 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 (R) of this subsection (i), failure wn the part
of the Buyer to remedy, end, orabrogate such default, failure, violation, o other
action or inaction, within the period and in the manner stated in said clauses,
Seiler at its option nay declare a termination in favor of the Seller of the title,
and of all the tights 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 [evert 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 aha1L 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 provided in this Agreement for
the protection of the holders of such mortgages.
(11) Seller shall have the right to institute much actions or
proceedings as it may deem desirable for effectuating the purposes of this section
(e), 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 am title
of Buyer, and his successors in interest and assigns, in the Property, and the
revestiag 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 SM11 not operate as a. waiver of such rights or to
deprive it of or limit such rights in any way (it being the intent of this pre-
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 money at
a time When it may still hope otherwise to resolve the problems created by the
default involved, nor
shallma
,aM waiver in fact de by Seller with respect to
any specific default by Buyer under this section (c) be considered or treated am
a waiver of the rights of Seller with respect to any other defaults by Boyer 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 Land holding. The
Buyer further recognizes that the qualifications and Identity of the Buyer are of par-
ticularconcery to the commonalty 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 doing, is further willing to accept and rely on
the obligation of. the Buyer for the .faithful penforma,me of all undertakings and
covenants hereby by him to be performed without requiring in addition any surety bond
or sued Lar 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 act, prior to the proper completion of 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, OP 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 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 rho
Seller has approved, all instruments and other legal documents involved in affecting
transfer;
(111) The <onsideratiop ppyable for the transfer by the transferee
or on his behalf shall not exceed an amoutt representing the actual cost (including
Carrying charges) to the Buyer of the Property and the Improvements, if any, there-
tofore made thereon by him; it being the intent of this prevision to preclude asefgu-
m et 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 purchase
price to the Buyer of the Property provided in Sectlor 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
Seiler.
(iv) The Buyer and his transferee shall comply withsuch other
conditions as the Seller may find desirable in order to achieve and safeguard the
purposes of chapter 168 of the Private and Special Laws of Maine, 1957, as emended,
and the Urban Renewal Plan, as Amended, and the Federal Housing Act of 1949, as
emended: Provided, that in the absence of specific written agreement by the
Seller to the contrary, no such transfer or approval by the Seller thereof shall 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) Name of the provisions of this Agreement are intended to or shall
be merged by reason of any Need transferring title to the property from the Seller
t0 the Buyer or any successor in interest, and any such Used shall not be deemed t0
affect Or impair the provisions and covenants of this Agreement.
(f) For the purposeof any of the provisions of this Agreement, neither
the Seller nor the Buyer, as the case my 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-
struction of the improvements, or progress with respect thereto, in the event of
enforced delay in the Performance of such obligations due to unforeseeable causes
beyond his control and without his fault or negligence, including, but not restricted
to, acts of Goa, or of the public enemy, acts of the Goverment, acts of the other
party, fixes, 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 de lay, .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 for the period
of the enforced delay.
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(g) Prior to the completion of the Improvements by the Buyer, wither
the Buyer nor any successor in interest to the Property shall engage in aty 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 Seller of any
encumbrance or lien that has been created on or attached to the Property, whether
by voluntary a" 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 authorized by this Agreement (including any such holder who obtains
title to the property as a result of foreclosure proceedings or action in lieu
thereof, but not including (1) any other party who thereafter 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 orcomplete the Improvements or to
guarantee such construction or completion; nor shall any covenant or any other pro-
vision in the Beed be construed to go obligate such hot fer: Provided, that nothing
in this section or any other section or provision of this Agreement shall be deemed
or construed to Be =It or authorize any such holder to devote the property or any
part thereof to any uses, or to construct any improvements thereon, other than
those uses or improvements provided or authorized in the Plan, ordinances of City
of Bangor, and this Agreement.
6. 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 affects
his personal interests or the Interests of any corporation, partnership, of associa-
tion in which he in, directly or indirectly, interested. No member, official, or
employee of the Seller shalt be pere really liable to the Buyer or any successor In
interest in the event of any default or breach by the Seller or for any amount
which may become due to the Buyer or successor 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 shall be paid by Beller.
6. Buyer herewith tenders s T'/
Dollars ($ yd. ?d) which euro is at least ve percent (5Z) of the offered
purchased price as earnest money is become a part of the payment of the purchase
price of the land upon acceptance of this offer by Seller. This sum shell be
held by Seller and 1f 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 edminletrati" actions or otherwise
if the Buyer fails to complete the purchase of said land within the time specified
in Paragraph 2 herein.
]. This offer is binding upon 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 money shall be promptly refunded to Buyer, without interest.
S. Closing of purchase shall take place not more than one hundred twenty
(120) days, or as otherwise specified in Paragraph 2 hereof, from date of acceptance
of this offer by Seller; and mtificiation 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 Dead 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, Name. The Buyer shall pay all costa
(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 ac
recording the Deed.
10. Promptly after completion of the Improvements in accordance with this
Agreement, the Beller will furnish the Buyer with an appropriate instrument so
certifying. The certification by the Beller shall be (and it shall be so provided
in the Deed and in the certification itself) a conclusive determination of satis-
faction and lamination of the covenants In the Agreement and the need 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. The cert-
ification shall be in such form as will enable it to be recorded. If the Seller
shall refuse
/ r 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 Seller, for the
Buyer to take or perform in orderto obtain the certification.
11. The word "Buyer" in this agreement shall be construed to mean both
the plural and singularnumber, in any gender, and to mean not only the party
thereby designated, but also his, bar, or their respective heirs, assigns,
executors, administrators, or successors in interest, at, in the event that
any such party is a corporation, its or their successors or. assigns.
Strauss—
Buyer
Witness Buyer
In City Council
Bete
Address
Telephone
Council Order No..
A True Copy, Attest:
City Clerk
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The above offer 1s accepted this day of 19
and accordingly constitutes a binding contract for sale of land between Buyer and
Seller.
UREAN RENEWAL AUTHORITY OF
(Sged) THE CITY OF 5spGOR
witness Chairman
Executive Director
APPROVED AS TO LEGAL FORM ANO ADEQUACY:
Attorney
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