Loading...
HomeMy WebLinkAbout1975-06-30 270 AC ORDER2]0 AC Introduced by Councilor Speirs, June 30, 1975 Special Meeting w B/�ppY CITY OF BANGOR (TITLE.) (or Approval of Agze;met -for Purchase of Land Adjacent to Byte 00C Wil of the CUP of Romper. ORDRRRD, THAT the Bangor City Council does hereby approve and direct and authorise the execution thereof of a certain agreement, a copy of which Is on file in the office of the City Clerk and,made a part hereof, prOvidiss; for the purchase of certain Land adjacent to Base park and presently owed by Slain Base pierce. STATEPPIC OF FAM: The purpose of this Order is to finalize approval by the City of the agreement for purchase of the property of Blaine Bess Pierce located adjacent to Base Park. IN CITY. COUNCIL 270 AC RECiC9VEID '.lune 30,E"19]5. y' ReceiV,ed let reading. Amended by deleting 0 R D E R �"' (% IN Ib 30elexrefts: 'cution thereof of" and substituting.�Kd aCityManager to execute". Title;. - CITY CLEWS OFFICE ag eement was amended by Also, theme "Iv At WA41PR,MAINE deleting last paragraph of No. 1 and lyp� me t f Purchase 1 f Agxea n or - ': adding after "I-395 in said Bangor" ,•"Tp .., "s on and a shoe a plan entitled "Base Estate Property" dated -, a{,Lgna...Iacent to Hass Park. December 11, 1953, prepared by Prentiss s Carlisle CO., Inc. a copy of Which is " attached to and made a part. hereto." .. ':: - .. Agreement in No. i,by I^ and tiled by adding after "principale in 6th line after cipal" "principal" "and with annual interest payments" and in )th line after "computed" Counciln'an --each yearand o Second page of eae'r "closing" in firs$' Agro msntft line by deleting "Provided, however, that the first payment of principal and interest shall not be due until the -Spring, 1976". The ordinance' requiring the reading of an appropriation resolve ' n two separate days was suspended by the following yes.: and no voteiCouncilors voting yes: Beldacci,eallou, Signey, Brounta6, Gass, Henderson, (Mone ,Soucy and Speirs. Received 2W re din and"final passage by the following yes and mO vote: - Councilors voting yes: 5aldacci,'9allou, Bigney, Brountas, Casa, Henderson, Mooney., Soucy and Speirs. CITY CITER% .. lie � uAI I III • 1 d. }, F fd 91 LL +N +2• .. L j 4K F a 6. AS K'C It W e, T F Y Ir L p i xar x y< 3 ep e/7 5' 1. Real Property. The CIFT OF RANCOR, a manicipel corporation located In the County Of Pentbec0t. State of Paive, herewith called the Purchaser, door hereby offer and agrees to purchasefromSh61Ne MSS PIERCE, of NoodatooR, State of Product, hereinafter called the Seller, A certain Formal or lot of land designated as Lot Number IA on City Of Senior Asaaucrb Pap Nunests 26, situated in said City of Saugus, County of Penobscot, State of Pairs, and generally described as follows A "mala parcel or lot of land consisting of thirty- eight (38) error, more or less, located southerly of Land of the City of Sanaw, ccamonly known as Seas Perk: and northerly of 1-395 In said Bangor and as shown or a plan entitled "Apes Estate Property", doted o�ics9 peeamber 11, 1953, prepardd by Prentiss S Carlisle Go., Inc., a copy of which is attached end cede a pert hereto.. 2. Purchase Price. The Purchaser will pay to the Seller for the above described real property the am of $102,000.00 Payable as follows: On receiving this imatrmaeut 8e a deposit $100.001 by giving the Seller a were and tmrtVp in the amount of $101,900.00 which nota and mrtgap shell be in a form acceptable to the Seller, and which shall rum for a tem of. tae (10) years, with ten equal annual payments on principal, and with annual interest payments on the unpaid balance of principal to be computed each year at a rate equal to the rete of interest paid by the Purchaser under its next Previous . Vmral obligation borrowing (excluding tax anticipation concerning). In the event the Purchaser hu not promised its power of Several obligation borrowing within twelve (12) =Of" prior to the due date of any annual "Plant, the rate of interest shell be cgputed for said payments at a cote cuuenaerate with raps than in effect as of said date for convict - Policies having the cam bond taking. The dncee for the Ammal payment of principal and interest shell be mutually goosed "eon hew the react Nn at tM Hw rep closing. Inaddition, the purchaser will have the right to prepay all or a portion of the unpaid principal at any tire, at its dole option, during the tem hereof. - 3. Title. The Seller Shall furnish a good aM sufficient warranty deed conveying *a In real property to the Purchaser, and an abstract of title showing good and cercWetable title, with dower rights, if any, released, free AM clear of all lines aM enembramea whatsoever, except: (a) local and state toning or other statutory restrictions: (b) tares and assessments, both general and special, prorated to the date of closing for the year 1975; and (c) pcovieion for the restriction of the we by Pu=hAser of safe real property In accordance with the conditions now applicable to We Park, do -called, a described In the Will, and Codicils thereto, of the Into Joseph P. We, said Will and codicils having been approved and allowed in the Penobscot County probers Court on April 29, 1919. 4. Defects in Title. If objections to the title is made, based upon a written Opinion of the Purchaser's attorney test the title fel ret in the condition required hereto, the Seller shall take all necessary and lmedlete action to remedy the title.. If such defects are not remedied within a reasonable time after =ties to the Seller, the Purchaser shall base the right to terminate this Agreement, and upon such termination, the Seller shall refund all deposits In full for full rumination of thin Agreement. Date of Closing. If that offer is accepted by the Seller and if title can be conveyed to the condition required hereunder, the purchaser agrees to complete the sale within nicety (90) days thereof, or on such Atte as the parties my agree. b. Possessory Rights prior to Closing. Upon execution of in" Agreemat and prior to closing of the sale as described herein, the Purchaser, its contractors, lessees, am agents shall have the exclusive right of possession of said real property for purposes of the following. AM for such other purposes as my be expressly permitted in writing by the Seller, or her mutlwrisad representative: a. The full right and privilegeto makereasonable me of said real property for pladmsnt o storage of Materials and equipmnE used in connection with construction of facilities at Bass perk. b. The full right and privilege to ease portions of said coal property for purposes necessary for the operation of a fair and bermes racing at Mae Park, including tmporary parking for moping trailare and other tmporary homing mad by Participants in horde racing and their fmilim at Base perk. The City my also erect such necessary tmporary utilities on said real property as May be needed to serve sold tmporary homing facilities. c. The full right end privilege to provide suitable drives or mye for purposes of providing access to said impurity homing facilities and to the grounds of Mae Park. Such access drives shall but be open to the general public per moves public ways prior to closing. d. "a full right and privilege to drop reasonable moots of fill into depressions on said real property for purposes of pemitcing exercise of the rights and privileges provided mrstn, and also for such other purposes ae my be agreed in writing by the Parties. In consideration of the rights and privileges granted herein, the Purchaser does hereby expressly agree text the Seller, her executors, heirs sod assigns. Shell be free fret all liabilities and claim for damages and/or suite for or by reason of any injury or injuries to any person or perams or property of any kind whatsoever, whether personal property of .the City of Mngor, its agents or enployees or third persom, fret say tome or museswhatsoever while in, arising out of or in conjunction with the City's me of said realpropertyor any Part thereof as provided in this section or occasioned by any occupancy or we of Said real property or any activity carried on by the City In eomactioa therewith{ AM the City data further covenant and agree to indemnify and save harmless the said Beller, bar exetutors, betrs and assigns from all liabilities, charges, expenses (imlWLng counsel face) and costs on account of or by reason of such injuries, liabilities, Claire, suits or losses however occurring or damages growing out of the same. 7. Binding effect. the contents herein OM11 hind the heirs, personal representatives, adaLnlstratots, executors, assigns and successors of both the Beller and the purchaser. Bated: June , 1975 CITY OF BANGOR ACCBPGRCB The foregoing offer is hereby accepted and the Beller agree to tell the property described upon the term[ stated berein. Receipt of the deposit momy is hereby ackrowlMged. By the execution of this Instrument, the Seller acknowledges the receipt of a copy of thin Agreement. hated: Jum , 1975 gum BASS PIERCE Beller ACRP.&¢NL If JUN1975 12 II 1. Real Property. The CUP OF RANCOR, a municipal corporation located in the County of Penobscot, State of Name, herewith called the Purchaser, does hereby offer and agrees to purchase from ELAINE BASS PIERCE, of Woodstock, State of Vermont, hereinafter called the Seller, a certain parcel or lot of land dee ignated as Lot Number U on City of Bangor Assessors Mop Number 26, nitrated in said City of Sensor, County of Penobscot, State of We ine, and generally described u follows; A certain parcel or lot of land consisting of thirty- eight (38) acres, =to or lees, located southerly of Land of the City of Bangor, commonly known as Mae Park; and northerly of 1-395 in said Bangor. At the time of cluing Beller will supply to Purchaser a more i definite description of said real property, said deacriptioa to be based upon a survey of said property. 2. Purchase Price. The Purchaser will pay to the Seller for the above described real property the sum of $102,000.00 payable as follows; On receiving this instrument as a deposit $100.00, by giving the Seller a note aha mortgage in the amount of $101,900.00 which note and mortgage shall be in a form acceptable to the Seller, and which shall run for a team of ten (10) yese' with ten G equal annul payments on principal, Merest on the 9 unpaid balance of principal to be computed at a rate equal to the rate of Interest paid by the Purchaser under its next previous general obligation borrowing (excluding tax anticipation borrowing). In the event the Purchaser has not exercised its power of general obligation borrowing within twelve (12) months prior to the due date of any annual payment, the rate of interest shall be computed for said payment at a rete commensurate with rates then in effect as of said date for municipalities having the same bond rating. The Worse for the anneal payment of principal and interest shall be mutually eot je agreed upon by the parties at the then of closing; prov Lded,(hewever, that the first payment of �J principal and interest shall not be due until the Spring, L9)6., In addition, the Purchaser will ba" the tight to prepay all or a portion of the unpaid Principal at say tLae , atits sole option, during the term hereof. 3. Title. TM Sellar sMll furnish a good and sufficient "treaty dead ' conveying said real property to the Purchaser, and an abate+,t of title showing good and merchantable title, with doper rights, if any, released, free and clear of all liege and encwbraxes whatsoever:."> except: (a) local and state zoning or other statutory restrictions; - (b) taxes and assessments, both general and special, prorated to the - date of closing for the year 1975; and (c) provision for the restriction of the use by Purchaser of said real property in accordan0a with the conditions now applicable to gees Park, so-called, as described In the Will, and Codicils thereto, of the late Joseph P. gees, said Will and Codicils having been approved and allowed -Ln the Penobscot County Probate Court on April 29, 1919. A. Defects in Title. If objection to the title is made, based upon a " writtenopinion of the Purchaser's attormy that the title is Mt in the condition required herein, the Seiler shall take all necessary aad'�. immediate action to remedy the title. If such defects are not Pemad(#d; within a reasonable Sime after notice to the Seller; the Pur.bass, shall have the right to terminate ibis agreement, aha upon such termination, the Seller shall refund all deposits in full for fall termination of this Agreement 5. Date of Closing. If this offer is accepted by the Seller and if title.' can be conveyed in the condition required hereunder, the Purchaser agrees to complete the sale within ninety (90) days thereof, or o such date as the parties my agree. 6. Possessory Rights Prior to Closing. Upon execution of this Westmont and prior to clueing of the Bale as described herein, the purchaser, its cOntractors, lessees, and agents atoll have the exclusive right Of possession of said real property for purposes of the following, and for such other purposes as my be expressly permitted In _writing,'- ..,� by the Seller, or Me authorized representative: jia a. The full right and privilege to make reasonable - 1 I A�' use of said real property for or f placement storage of materials and aluipmnt used in f f{ '' Y _ .connection with toncxuc a ion of facilities at •?°�: . Base Park. b. The full right and privilege to use portion of said real property for purposes necessary for W. the operation of a fair aha harness racing at a . Bass Park, including temporary parking for i camping trailers and ocher temporary housing used by Participants In horse racing and their h A� families at Base park. The City may also erect such necessary temporary utilities on said real 1 property as my be needed to serve said temporary housing facilities.: c. The full right and privilege [o provide w ld¢ suitable drives or nays for purposes of providing access to said temporary housing facilities and to the 52 grounds of Base Park. Such access drives shall f not be Open to the general public nor berme Y public ways prion to closing. a d. The full right and privilege to dump reasonable 9t 58. answers of fill into depressions on said real 14 b Property for Purposesf o Permitting exercise of the rights and privileges provided herein, and i also for such other purposes aemahe y agreed in .. -h" 'c writing by the parties. t '•e F In consideration of the rights and privileges granted herein, the Purchaser does hereby expressly agree that the Beller, her executors. Z heirs and designs, shall be free from ell 1iebilltfes and claim for damages aha/or suite for or by reason of any injury Or injuries to any person or persons az property of any kind whatsoever, whether pereeml ( i � property of the City of Bangor, its agents or employees or third ' Persons, from any cause or causeswhatsoeverwhile in, arising out a£ I .4: or in conjunction with the City's we Of said real property or any, i1 part thereof as provided in this section Or occasioned by any O cupancy or we of said real property or any activity carried on by -4 the City in connection therewith, and the City does further .',. covenant and agree to indemnify and save harmless the said Seller, her executors, heirs and assigns it= all liabilities, charges, expenses (including counsel fees) and costs on account of or by reason of such injuries, liabilities, claims, suite or losses however occurring or damages growing out of the edge. I.. Bindine effect. The contents hotel. shall bled the heirs, personal representatives, administrators, executors, assigns sed swcesscrs of both the Seller and the Purchaser. Dated: CRY OF BANGOR ' By j sum seer - ACCEPTANCE The foregoing offer is hereby accepted and the Seller agrees to sell the property desert ed upon the terms $rated herein. Receipt of the deposit money le hereby acknowledged. By the execution of this instrument, the Seller acknowledges the receipt of a copy of this Agreement. EIAUM RISS PIERCE Cared: a