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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 A.-- /a,,//.I !.a tpA I I^1A 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. -2 (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 -3 (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. -4- (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 -5 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. -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 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. -7- 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 -8- 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 -lo- 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 CJK:k P/ /NOz-- 03SOSOdG - ' 53N/7 3NO2 ON3937 ,JNIlYOZ-3�QII'1YY,901f J 8p 0 III �gl d �ydyy d y6t IQ