HomeMy WebLinkAbout1966-07-25 172-T ORDER172-T
Introduced by Councilor Houston, July 25, 1966
CITY OF BANGOR
UITLEJ PbTD¢Te—_Approving Proposed Contract for. sale of Land in the Stillwater
...... Parcel No 17 Pa k Urban,. n Aen¢mal Project _._ __.
By the aty C"ab{ of the Ciao ofB ermiso
ORDERED,
PRAT WHEREAS, the Urban Renewal Authority of the City of Bangor proposes
numbered 17
to thee[ into a ctm for the wale of Parcel
Robert and S nd C1 lev
in the Stillwater
lsa[er pact
Urban Renewal Project with
and
MICAS, the d
Robert d Sandra 'r Clewlev
has offered to PeY ew'm the of $1,500.00
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
OBSESSES under the provisions of Chapter 169 of the Private and
Special Lams 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 Authority has filed a copy of the
proposed contract with
Robert and Sandra Cleldebbe office of the City Clerk;
NOW, THEREFORE, 9R IT ORDERED:
THAT the proposed contract on file with the City Clerk be and
is hereby approved.
172-T
1/0
ORDER
a CITY CO MCIL Title,
July 25, 1966
PAF . Sale, Of. 194 ill Sti}))VN sn Park M ..
Project. -.Parcel No;, W ..............
ER
Introduced and filed by
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9
CONTRACT FOR BALE OF LAMB � �au,.9e6 /
(OFFER AND ACCEPTANCE) _ JV1 YT l 19550► to
STILLWATER PARR PROJECT f ovNCOa, Mr a4
PRWECT NO. ME. R-4
P
Date �lylw^t. Inas
TO: Otero Renewal Authority of the
City of Bangor ("Seller")
City Rall,
Burger, Maine
OFFER:
1.
here_n called "Buyer", offers to buy, subject to the trims set forth herein, the
following described land:
Lot numbered 17 as shown on Plan of Lend entitled
"Stillwater Park Project, Bangor, Penobscot County, Maine,
Urban Renewal Authority of the City of Batlgor, Project
Me. R-4" charmisting of nine (9) Pages and recorded in
Penobscot Registry of Needs gg_
�IX�IXIIXX%ZY[YIW[At%% nn July 20e 1966.
2. Buyer will Ray _Piftn.n M,.Ae.A
Dollars ($19300.00 ) for said land is Cash within one hundred and rashly (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 shall be made by Warranty Deed, subject to all
easements of record, the Urban Renewal Plan for Stillwater Park Pro ie t, Be or
nh Jul 20r 1963
Maim, ft -4, (hereinafter tailed Me "Plan"), which was recorded jp)�g
R4l.1ty, in Peeobscot Registry of Deeds at Bangor,
Maine, and to those conditions set forth hereinaiter to which Buyer expressly agrees.
(6) (i) The Buyer herein covenants by and for himself, his heirs,
executors, administrators, and assigns and all Furness claiming under or through them,
that Buyer and arch heirs, executors, administrators, and assigns, and all persona
claiming under or through them, shall:
(1)
Devote the
Property to, and
only to aM in accordance
with, the
nae specified in
the Plan,
as am nded,bpd as
hereafter amended from time
to time;
(2) Not discriminate upon the basis of race, color, creed
or national origin In the sale, lease, or rental or in the use or Occupancy of the
Property or any Improvements erected or to be erected thereon, or any part thereof;
(3) Not discriminate or segregate against any person, or
group of persons, on account of race, color, creed, national origin, or ancestry in
the Hale, lease, sub -lease, transfer, use,
occupancy, counts, or enjoyment of the
Property herein conveyed, nor shall the Buyer himself, or 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, ;sasses, sub -tenants, sab�lesseea, or veMees in the Property herein
referred; and
(4) Comply with all state and local laws, in effect from
time to time, prohibiting discrimination or segregation by reason of race, raliglol,
color, or national origin in the sale, lease or occupancy of the Property.
(11) It is intended and agreed that the agreements and covenants
provided In this section shall be covenants running with the lead and that they
shall, inany 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, gaper, 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) In the Project Area which is sub jeer to the
land use requirements and restrictions of the urban &enewal Plan, as amended, am
the United States (£n the case of the covenant provided in subdivision (2) of
subsection (1) hereof) against the Buyer. his eacceaeors and assigns, to or of the
Property or any interest therein, add 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 agreement and covenant shall terminate),
and those provided in clauses (1) (2), (3), and (4) shall remain in effect with- -.
out limitations as to time: PTevided, that such agreements and covenants shall be
binding on Buyer hire elf, each successor in interest or assign, am each party in
possession or o cupancy. 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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(iii) In amplification, and not in restriction, of the provisions
of the preceding subsection, it is Intended and agreed that Seller and City of
Banat shall be deemed a beneficiary of the agreements and covenants provided in
subsection (1) of this section both for and In its own right and also for the
purposes of protecting the interests of the community and the other parties, public
or private, in whose favor or for whose benefit Such agreements and covenants have
been provided. Such asteementd and covenants shall tun in favor of Seller ane City
of Bangor for the entire period during which agreements and covenants Shall be in
force and effect, without regard t0 whether Seller and City of Bangor has at any
then been, remains, or is a e of any lend or interest therein to, or in favor
of which such agreements and Covenants relate. Seller anal/or City Of Bangor shell
have the right, in the event of any breach of any such agreement or covenant, to
exercise all the rights and remedied, and to maintain any actions at law or Butts 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 construct 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 and the Plan. Construction moat start within six (6)
While of the date the Deed is recorded In the Buyer's name. and completion moat
be accomplished within twelve (12) months of date of commencing construction. Plana
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 submit construction plans for approval by Seller, and evidence
satisfactory to the Seller of Buyer's ability to finance the construction of the
proposed Improvements.
(c) (1) 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 Imps mens
(including the nature and the dates for the beginning and completion thereof), of
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 deemed by the Seller so
to do, or
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(2) There is, in violation o£ 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 and to terminate (and revert to the Seller) the estate conveyed by the
Warranty Deed to the Buyer, it being the intent that the conveyance Pf 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 (1), 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 mater 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 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, shell revert to the Sallee:
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 any way (1) the lien of any mortgage authorized
by this Agreement and executed for thesole 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) Seller shall have the right to institute such actions or
proceedings as it may deem desirable for effectuatag 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 one title
of Bayer, 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 at
a time When it may still hope otherwise to resolve the problems created by the
default involved, nor
shall any waiver in fact mada by Seller with respect to
any specific default by Buyer under this section (o) be considered or heated as
a waiver of the rights of Seller with respect to may other defaults by Buyer 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-
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 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 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 pattern 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 wtll not, 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, r 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 Sam, without prior
written approval of the Seller. Me Seller Shall be entitled to require as conditions
to any such approval that
(f) 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;
(if) There has been Submitted to the Seller for review, and the
Seller has approved, all instruments and other legal documents involved in affecting
transfer;
(it!) The consideration payable for the transfer by the transferee
at on his behalf shall not exceed an
aunt 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 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 Beller 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 It is in excess of the amount so authorized, belong and be paid to the
Setter.
(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 emended,
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
Seemed 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 Need 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 may be, nor any successor in interest, &halt
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 Improvement&, 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 net restricted
to, acts of God, or of the public enemy, acts of the Government, acts of the other
party, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoea,
and unusually severe weather or delays of subcontractors due to such causes; it
being the purpose and intent of this prevision that in the event of the occurrence of
any such enforced delay, the time or time for performance of the obligations of the
Better 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 daisy, have £fiat notified the ether party thereof
in writing, and of the cause or causes thereof and requested an caters loo for the period
of the enforced delay.
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(g) Prior to the completion of the Improvements by the Buyer, neither
the Buyer nor any successor in Interest to the Property shall engage in any financing
or any other transaction creating any mortgage or other encumbrance or lien upon
the Property, whether by express agreement or Operation of 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 uaking; the improvements.
It is further agreed that the Buyer (or successor in interest) shalt 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 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 or complete the Improvements or to
guarantee such construction ortompletion; nor shall any covenant or any other pro-
vision in the Deed be construed to so obligate such holder: Provided, that nothing
In this section or any other section or provision of this Agreement shall be demand
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 shall have any personal
interest, direct or indirect, in tote 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 assents -
tion in which he is, directly or indirectly, interested. No member, official, or
employee of the Seller shall be personally liable to the Buyer of 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 tenor
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 Remuttv�Flw
Dollars (8 75.00 ) which cum is at least five percent (5%) of the offered
purchased price as earnest money to become a pert 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 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.
7. This offer is binding upon Buyer if accepted by Seller within sixty
(60) days and cannot be withdraw during this Lime. If not accepted by Seller
within sixty (60) days, it is automatically cancelled and expires, in which case
the earnest money shall be promptly refound to Buyer, without interest.
8. Closing of purchase shall take place not more than one hundred twenty
(120) days, orc
s otherwise specified in Paragraph 2 hereof, from date of acceptance
Of this offer by Seller, and notificiatlon 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 thecost of the .Federal documentary stamp tax on the need, for which
stamps in the proper amount shall be affixed to the Deed by the Buyer) for so
recording the need.
10. Promptly after completion of the Improvements in accordance with this
Agreement, the Seller will furnish the Buyer with an appropriate instrument so
certifying. The certification by the Seller shall be (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 lead with respect
to the obligations of the Buyer and his heirs and assigns to construct the
Improvements and the dates for the beginning and completion thereof. Me cert-
ification shall be in such farm as will enable it to be recorded. If the Seller
shall refuse Or fail to provide the certification, the Seiler shall, within
T,t"I ( 30 ) 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 Paris= in Orderto 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.
4
Witne Buyer
Buyer
In City Council
Date
186 Nt. None Avenue
Address
982,452
Telephone
Council Order NO..
A True Copy, Attest:
City Clerk
19-
ACCEPTANCE
The above offer is accepted this day of 19_
and accordingly constitutes a binding contract for sale of land between Buyer and
Seller.
URBAN RENEWAL AUTHORITY OF
(SE.AI.) THE CITY OF BANGOR
Witness Chairman
Executive Director
APPROVED AS TO LEGAL POWM1 AND ADEQUACY:
Attorney
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Banger, the center of Maine ---the Gan any to Maine's Nonh Wood: and Smuhore Absorb
eitq of Poogorr Arum
July 28, 1966
TO: The Honorable City council
FROM: The Planning Board
SUBJECT: Hogan Road Zoning Change
Change from Agricultural to General Business Zone a Portion of
Land on the Easterly Side of Hogan Road at the Intersection of
Mt. Hope and Hogan Road
Gentlemen
Please be advised Nat the Planning Board held a public hearing on
July 25, 1966, to consider the above request.
In its deliberation, the Board considered the following factor::
1. The entire frontage on the west aide of Hogan Road will be
a Vocational School development
2. If this parcel is
zoned, ea
the entire a along Hogan Road
would be committed to a similar change
3. All the other corners are under State operation and of
Institutional use
4. The effect of anextended a of commercial development
would have on atraffic route into town
5. The adverse effect - an area of strip commercial any have on
the Vocational School development
6. In consideration of other adjacent uses, this would not be
the best type of use
After careful consideration, the Board voted to deny the request 4 to 1.
Respectfully submitted,
fftJffoez \
Planning Director
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