HomeMy WebLinkAbout1966-07-25 171-T ORDER171-T
Introduced by Councilor Houston, July 25, 1966
CITY OF BANGOR
(TITLE.) 4VTY¢if... Approving Proposed Contract .for Sale of Land i�n� thee.. Stillwater
Park Urban Renewal ProjectParcel No 191 8r
By Ike City Couwti{ of the City of Bangor;
ORDERED,
THAT WHEREAS, the Urban Renewal Authority of the City of Bangor proposes
to enter into a contract for the sale of parcel consisted 191
to the Stillwater Pack Urban Renewal Project with Arnold R. True
; and
WHEREAS, the said a., Arnold"�'�"'nold R. True
has offered to pay the sum of J -i,
for said parcel , said price being the minimum approved price for said parcel
as established by the Urban Renewal Authority aid approved by the Department of
Housing and Urban Development; and
WHERRAS 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 requited; 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, THEREFORE, BE IT ORDERED:
THAT the proposed contract on file with the City Clerk be and
is hereby approved.
. ® a „ter.
IN CITY COUNCIL
July 25, 1966
Amerded by changing 191 and 192 to
191 and the eum changed frou $1200
to $600. As amended PASSEL.
9fi
P
U
171-T
ORDER
Title,
sale or rena �, S.Mmmtar. Para up,.
.. Project - Parcel No. 191,&,192,,,,,,
Introduced and riled by
L ✓4s._.S�Jlman
\�I �llil A
CONTRACT FOR SALE OF LAND m"��RECEI�VEn fr 9'
(OFFER AND ACCEPTANCE) 4-w:: JUL2 11966 —I
a
RTSLLWATER PARK PROJECT / NdN ow, NO
PROJECT N0. ME. R-4 Z/
1 N
Date duly 11, 1966
T0: Urban Renewal Authority of the
City of Bangor ("Seller")
City Hall,
Bangor, Maine
OFFER:
1. "mid H. True
herein called "Buyer", offers to buy, subject to the terms act forth herein, the
following described land: _
Lot numbered 191/ shown on Plan of land entitled
"Stillwater Park Project, Bangor, Penobscot County, Maine,
Urban Renewal Authority of the City of Magor, Project
Ne. R-4" consisting of nine (9) Pages and recorded in
Penobscot Registry of Deeds
on duly 20, 1966.
2. Buyer will pay .ar�ie 3� agoo 00 (lot 191 - $600.00)
Hundred Dollars fR' "rz,:w_w )
Dollars ($ 1,300.00 ) for said land in cash within one hundred and twenay (120)
days after the acceptance of this offer by Seller. The Authority may grant additional
floe, upon written request from the Buyer.
J. COweyance of said land shall be made by Warranty Used, subjeet t0 all
easements of record, the Urban Renewal Plan for Stillwater Park Project, Bangor,
Maine, R-4, (hereinafter called the "Plan'), which was recorded
Paarma xvxaxr`j9 p -.1H.. 1966_
in Penobscot Registry of Heads at Bangor,
Maine, and to those conditions set forth hereineiter to which Buyer expressly agrees.
(a) (i) The Buyer herein covenants by and for hiumel£, 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 only to and in accordance
with, the use specified in the Plan, as amended, end 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 an the use or occupancy Of the
Property or any Improvements erected or to be erected -hereon, or any part thereofi
(3) Not discriminate or segregate against any person, or
group of persona, on account of race, color, creed, national 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.,at any person claiming under
or through him establish or permit any such practice or practices Of discrimination
Or segregation with reference to the se lectin, Location, number, use or occupancy
Of tenants, lessees, sub -tenants, sub -lessees, or yeddees in the Property herein
referred; and
(4) Comply with all state and local leas, in effect from
time to time, prohibiting discrimination or segregation by reason of race, religion.
color, or national origin In the sale, lease or occupancy of the Property.
(It) It is intended and agreed that the agreements and covenants
provided in this section shall be covenants running with the land and that they
shall, in any d event, and without regard to technical classification or designeon,
legal or otherwise, and except Only as specifically provided In this Agreement, be,
to the fullest extent permitted by taw and equity, bidding for the benefit and in
favor of, and enforceable by, Beller, its successors and assigns, the City of Bangor,
any successor in interest to the Buyer of the Property, and the owner of any Other
land (or of any interest in such Land) 1n the Project Area which is subject 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 in subdivision (2) of
subsection (i) hereof) against the Buyer, his succea 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 term
of any extension thereof, (at which time such agreemert and covenant shall terminate),
and those provided in clauses (1) (2), (3), and (4) stall remain in effect with- -,
out limitations as to time: Prodded, that such agreements and covenants shall be
binding on Buyer himself, each successor in Interest ee 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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(111) 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 agxeemeate 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
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
force and effect, without regard to whether Seller and City of Bangor has at any
time been, remains, or is a a of any land or interest therein to, or 1n favor
of which such agreements and Covenant& relate. Seller and/or City of Bangor shall
have the right, in the event of any breach of any such agreement o vent, to
exercise all the rights 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-
ment or covenant, to which it or any ether beneficiaries of such agreement or
covenant may be entitled.
(b) To construct one (and cot more than one) standard dwelling house
(single family) upon the land which will meet the minimnm requirements as sat by
City of Bangor ordinances and the Plan. Construction most start within six (6)
months of the date the Beed is recorded in the Buyer's came, and completion must
be accomplished within twelve (12) months of date of c cing construction. Plana
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 plane for approval by Seller, and evidence
satisfactory t0 the Beller of Buyer's ability to finance the construction of the
proposed Improvements,
(t)(i) In the event that prior 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 mature and the dates for the beginning and completion thereof), or
shall abandon or substant Lally 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, or
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(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 shall haw the right to re-enter and take possession of the
Property and t0 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 (1) and (2) of this subsection (i), failure on the part
of the Buyer to remedy, end, or abrogate such default, failure, violation, or other
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 title,
and of all the rights and interest, In the Property conveyed by the Warranty Dated
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 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 shall not
defeat, render invalid, or limit in say way (1) the lien Of any mortgage authorised
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.
(it) Seller shall have the right to institute such actions of
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
s in interest and assigns, n the Property, and the
revesting of title thereto in the Better; Provided, that any delay by the Seller
in instituting or prosecuting any such actions Or proceedings Or otherwise assertigg
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 at
a time when it my 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 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.
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(a) 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. Me
Buyer further recognizes that the qualifications and £{entity 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 its 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 i.n 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 proper completion 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 a , without prior
written approval of the Seller. The Seller shall be entitled to require as conditions
to any such approval Mao
(i) Any proposed transferee shall have the qualifications and
financial responsibility, as determined by the Seller, necessary add 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 unt representing the actual cast (including
carrying chargee) to the Buyer of the Property and the Improvements, if any, there-
tofore made thereon by him, it being the intent of thin provision to preclude assign,
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 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 is in excess
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of the amount authorized in this paragraph, and such consideration shall, to the
extent 1t is in excess of the mount so authorized, belong and be paid to the
Seller.
(iv) The Buyer and his transferee shall comply withsuchother
conditions as the Seller may find desirable in order to achieve and safeguard the
purpuaea of Chapter 168 of the Private and Special .taws of Maine, 1957, as amended,
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 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 Shell
be merged by reason of any Need transferring title to the property from the Seller
to the Buyer or any successor In interest, and any such Beed shell not be deemed to
affect or impair the provisions and covenants of this Agreement.
(f) For the purposes of any of the provisions of ttis Agreement, neither
the Heller not the Buyer, as the case may be, nor any successor in interest, shall
be considered in breech 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 God, or of the public enemy, acts of the Government, Sete of the other
party, fires, floods, epidemics, quarantine reatelcttome, 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 partyseeking
the benefit of the provisions of this section shall, within Sixty (60) Saye after
the beginning of ::any such enforced delay, have first notified the other party thereof
in writing, and of the cense or causes thereof and requested an exteneion for the period
of the enforced delay.
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(g) Prior to the completion of the Improvements by the Buyer, nettber
the Buyer nor any successor in interest to the Property shall engage in any financing
or any other transaction creating any mortgage or other encumBrnnce 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 one Property, except, add only to
the extent necessary, for the purpose of obtaining funds for aching the Improvement$.
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 cgreodeent, including
but not limited to those representing covenants running with the land, 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 bolder 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 o 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
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 shell 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 effects
his personal interests or the interests of any corporation, partnership, or associa-
tion in which he is, directly or Sadie" elf, interested. No member, official, or
employee of the Seller Shall be personally liable to the Bayer or any successor in
interest in the event of any default or breach by the Seller or for any amount
which may became due to the Buyer or successor or an 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 Seller.
6. Buyer herewith tenders sixty
Dollars ($ 60.00 ) 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 shell 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 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 open Buyer if accepted by Seller within sixty
(60) days and cannot be withdrawn during this than. If not accepted by Seller
within sixty (6p) days, it is automatically cancelled and expires, in which came
the earnest money shall be promptly regarded to Buyer, without interest.
8. Closing of purchase shall take place not more than ane hundred twenty
(120) days, or As otherwise specified In Paragraph 2 hereof, from date of acceptance
of this offer by Seller; and notificiat Lon 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 an date of closing.
9. The Seller may or the Buyer shalt promptly file the Deed for recordation
in the Penobscot Registry of Deeds at Bangor, Mine. The Buyer shall pay all coats
(including thecost of the federal documentary stamp tax on the Deed, for which
stamps in the proper amount shallbe affixed to the Deed by the Buyer) for so
recording the Deed.
10. Promptly after completion of the Improvements in accordance with this
Agra menF, the Seller will furnish the Buyer with an appropriate instrument so
certifying. The certification by the Seller shall be (aha it shall be ea 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
0o the obligations of the Buyer and his heirs and designs to construct the
Improvements and the dates for the beginning Add completion thereof. The cert-
ification shall be 1d such form as will enable It to be recorded. If the Seller
shall refuse or fail to provide the certification, the Seller shall, within
mf ray ( TO ) days after written request by the
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Buyer, provide the Bayer 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 order to obtain the certification.
11. The word "Buyer" in this agreement shall be construed to mean both
the plural and singular comber, in any gender, and t0 mean not Only the party
thereby designated, but also his, het, 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 orassigns.
itness r Buyer
Witness Buyer
In City Council
Date
55 Baat Broadway
Address
962_5635
Telephone
Council Order No..
A True Copy, Attest:
City Clerk
69•
ACCEPTANCE
The above offer 1s accepted this day of 19
and accordingly constitutes a binding contract for sale of land between Buyer and
Seller.
URBAN RENEWAL AUTHORITY OF
(SVS) THE CITY OF BANGOR
Witness Chairman
Executive Director
APPR M AS TO LEGAL FORA AND ADEQUACY:
Attorney
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