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HomeMy WebLinkAbout1966-07-25 170-T ORDER170-T Introduced by Councilor Houston, July 25, 1966 CITY OF BANGOR (TITLE.) (Orber, . Approving proposed Contract far Sale of Land. in the Stillwater Palk Urban Renewal Project parcel He 57 --- BY b a Cite Courwil of $As ate o(By wsgg: ORDERED, THAT wHEREAS, the Urban Renewal Authority of the City of Bangor Proposes to enter into a contract for the sale of parcel numbered 57 in tM1¢ SC111wa[ex Park Urban Renewal Pnoject with mrs. Jean W Mime and —E--�l 61rs. Jaen W. Klyne {rNHAEAS. the said has offered to Pay thesum of 51,800.00. -fox said parcel , said price being the minimum approved price for said parcel as established by the Urban Renewal Authority and approved by the Department of Housing and Urban Revelopmenq and CUERER$ under the provisions of Chapter 168 of [M1e Private and Special Laws of Police, 1957, as amended, City Council approval of all contracts for the sale of land within the Project area is required; and of the WHEREAS. the Urban Renewal Authority hag filed a copy proposed contract with Wes. Jean W. Klyne in the office of the City Clerk: Now, THEREFORE, BE IT ORDERED: THAT the proposed contract On file wt[M1 the City Clark be and is hereby approved. C '✓.'oc /awl 170-T ORDER IN CITY COUNCIL July 25, 1966 PASS® Title, Iend In Stillmtee Peek UR Project - .Parcel . ...No. 57 ................................. Introduced and filed by O.C. OFFER: 1. herein called 'Buyer', offers to buy, subject to the terms set forth herein, the following described land: Lot numbered 57 as show on Plan of Land entitled "Stillwater Park Project, Bangor, Penohaeat 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 BCOOW RXK1%KKiIXY on July 20s 1966.. — 2. Buyer will Bay elgbeeau Hundred Dollars (6 ItE00.00 ) for said land in cash vi thin 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. 3. Conveyance of said land shalt be mede by Warranty Deed, subject to all easements of record, the Urban Renewal Plan for Stillwater Park Pro as jfuo v Mein, R-4, (hereinafter called the "PLan^), which was recorded �[ 88LXWtX iv Penobscot Registry of needs at Bangor, Maine, and to those conditions set Earth herecnaiter 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, executors, administrators, and assigns, and all persons claiming under or through them, shall: _ (1) Device the Property tp, and only to and in accordance with, the naes specified in the Plam, as ,marded, qpd as hereafter amended from time to time; m Bm*^ ow, 01 CONTRACT FOR SALE OF SAND (OFFER AND ACCEPTANCE) — JUL T 1 1966 `2: e9NP4' STILLWATER PARK PR0.iECT GO RN IMF PROJECT NO. NE, R-4 9/ /iaiilb`\ Date July 21_ 1906 TO: Urban Renewal Authority of the City of Bangor ('Sellers) City Rall, Border, Maine OFFER: 1. herein called 'Buyer', offers to buy, subject to the terms set forth herein, the following described land: Lot numbered 57 as show on Plan of Land entitled "Stillwater Park Project, Bangor, Penohaeat 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 BCOOW RXK1%KKiIXY on July 20s 1966.. — 2. Buyer will Bay elgbeeau Hundred Dollars (6 ItE00.00 ) for said land in cash vi thin 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. 3. Conveyance of said land shalt be mede by Warranty Deed, subject to all easements of record, the Urban Renewal Plan for Stillwater Park Pro as jfuo v Mein, R-4, (hereinafter called the "PLan^), which was recorded �[ 88LXWtX iv Penobscot Registry of needs at Bangor, Maine, and to those conditions set Earth herecnaiter 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, executors, administrators, and assigns, and all persons claiming under or through them, shall: _ (1) Device the Property tp, and only to and in accordance with, the naes specified in the Plam, as ,marded, qpd as hereafter amended from time to time; (2) Not discriminate upon the basis of race, color, creed or national origin in the sale, lease, orrental or in tie use 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, net canal origin, or ancestry in the sale, lease, sub -lease, transfer, use, occupancy, tenure, or enjoyment of the Property herein conveyed, nor shall the Buyer himself, we any person claiming under or through him establish or permit any such practice or practices of discrimination or segregation with reference to the selection,. location, number, use or occupancy of tenants, lessees, sub -tenants, sub -lessees, cr vemees in the Property herein referred; and (4) Comply with all state and local laws, in effect from time to time, prohibiting discrimination of segregation by reason of race, religion, color, or national origin in the sale, lease or occupancy of the Property. (ii) It is intended and agree& 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 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, Beller, its successors and assigns, the City of Bangor, say 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 ?reject Area which is eabject 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 1n subdivision (2) of subsection (i) hereof) against the Buyer, his successors and assigns, to 0rof 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 unci_ January 22, 2022, and during the term of say extension thereof, (at which Lime such agreement and covenant shall terminate), and those provided in clauses (i) (2), (3), and (4) shall remain in effect. with- - out limitations as to time: Prodded, that szch agreements and covenants shall be 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 ora cupancy of the Property. (111) In amplification, and not in restriction, of the provisions of the preceding subsection, it is intended and agreed that Seller add City of Banger shall be deemed a beneficiary of the agreemeacs add .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 add the other parties, public r private, in whose favor or 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 which agreements and covenants shall be in farce and effect, without regard to whether Seller and City of Bangor has at any time been, remains, or is a e of any land or interest therein to, or in favor of which arch 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 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 day other beneficiaries of such agreement or covenant may be entitled. (b) To construct one (and not were than one) standard dwelling house (single family) upon the land which will meet the minimum requirements as set by City of Bangor ordinances and the plan. Construction mat start within six (6) months of the date the need is recorded in the Buyer's nava, and completion must be accomplished within twelve (12) months of date of commencing construction. Flags 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 agrees to auhmit construction plane for approval by Seller, and ev=dence satisfactory to the Seller of Buyer's ability to finance the construction of the proposed Improvements. (e) (i) In the event that prion to completion of the Improvements as certified by Seller: (1) Buyer (or successor in 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 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 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 =his Agreement, any transfer of the Property, or any change in the ownership of the Property, add 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 and to terminate (and revert to the Beller) 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 (£), failure on the part of the Buyer to remedy, end, or abrogate such default, failure, violation, of other notion or inaction, within the period and in the madder stated in said clause$, Beller at its option may declare a termination in favnr of the Seller of the title, and of all the tights and interest, in the Property canveyed by the Warranty Beed 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 Sallee. Provided; that such condition subsequent and any revesting of title as a result thereof in Beller 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 fonds to construct the Improvements, and (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 may 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 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 (it 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, nor shall any waiver in fact made by Beller with respect to any specific default by Buyer under this section (c) be considered or treated as a waiver of the rights of Beller With respect to any other defaults by Buyer under this section or with respect to the particular default except to the extent specifically waived. -A- (a) The Buyer represents and agrees that his purchase of .he 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 lam) holding. The Buyer further recognizes that the qualifications and identity of the Buyer are of par- ticular concernto the co®unity 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 performance of all undertakings and covenants hereby by him to be performed without requiring in addition any surety bond or simi ler undertaking. For the foregoing reasons, the Buyer represeuos 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 art made or created, and that he will not, prior to the proper completion of the Improvemerts 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 farm of or with respect to this Agreement or the Property, or any interest therein, or any contract or agreement to do any of the some , without prior written approval of the Seller. The Seller shall be entitled to require as condition$ to any such approval that: (f) guy 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; (it) There has been submitted to the Seller for review, and the Seller bad approved, all instruments and other legal documents involved in effecting transfer, (iii) The considerdtiou payable for the transfer by the cremate me or on his behalf Shell not excead an amount representing the actual mat (Including carrying charged) to the Buyer of the Property and the Improvements, If any, there- tofore made thereon by him; It being the intent of this provision tc preclude assign. went sign- wenc of this Agreement or transfer of the Property for profit prior to the completion of the Improvements, aad to provide that in the event any such assigrment or transfer is made (find 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 1s In excess -5- of the amount authorized in thin paragraph, and Bush consideration shall, to the extent it is in excess of the amount so authorized, belong and be paid to the Beller. (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 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 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 Used transferring title to the property from the Seller to the Buyer or any successor in Interest, and any such Beed 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 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 cen.- strvction of the Improvements, r 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 negligente, including, but not restricted to, act& of God, or of the public enemy, acts of theGovernment, 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 o 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. -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 airy flnancing 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 ami 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 land, the holder of any obligation authorized by this Agreement (including ary 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 or complete the Improvemeate or to guarantee such construction or completion; nor shall any covenant or any other pro- vision in the Deed be corstruedto 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 of 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. 4. No member, official, or employee of the Seller shall have say personal interest, direct or indirect, to 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 associa- tion in which he is, directly or indirectly, interested. NO member, official, or employee of the Beller shalt be pers coolly liable to the Buyer or any successor In Interest in the event of any default or breach by the Seller or for any cement which may become due to ohe 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 ninety Dollars ($ 90.00 ) which sum is at least five percent (5Z) 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 not accepted, it shall be returned to Buyer, without interest. It snail be retained by the Seller for reimbursement as Liquidated damages to partially offset expanses 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. I. 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) Saye, it is automatically cancelled e c expires, in which case the earnest money shall be promptly refunded to Buyer, without interest. 8. Closing of purchase sha11 take place not more than ore hundred twenty (120) days, or as otherwise specified in Paragraph 2 hereof, from date of acceptance of this offer by Seller; and retificiation 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 f_le the Deed for recordation In the Penobscot Registry of Deeds at Bangor, Maine. The Buyer shall pay all costa (ins ludin 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 Deed. L0. Promptly after completion of the improvements in accordance with this Agreement, the Seller will furnish the Buyer with an appvopriate instrument so certifying. Me 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 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 or fail to provide the certification, the Seller shall, within 90 ) days afterwritten request by the -8- Buyer, provide the Buyer with a written statement indicating in adequate detail haw the Buyer has failed to complete the Improvements in conformity with the Urban Renewal plan or thin 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 order to obtain the certification. 11. The word 'buyer" in this agreement sba11 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 successor& in interest, or, in the event that any such party is a corporation, its or their successors or/assigns. Witness Buie[ Witness Suver In City Council Date Address Telephone Council Order No.�_ A True Copy, Attest: City Clerk 69- ACCEPTANCE The above offer is accepted this day of 19 and accordingly constitutes a binding contract for sale of land between Buyer and Seiler. URBAN RENEWAL AUTHORITY OF (Erml) THE CITY OF BANGOR witness Chairman Executive Director APPROVED AS TO LEGAL TOM AND ADEQUACY: Attorney -10-