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
-
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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%
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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
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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
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use of said real property for or
f
placement
storage of materials and aluipmnt used in
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.connection with toncxuc a ion of facilities at
•?°�:
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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.
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d. The full right and privilege to dump reasonable
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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
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also for such other purposes aemahe
y agreed in ..
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writing by the parties.
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In consideration of the rights and privileges granted herein, the
Purchaser does hereby expressly agree that the Beller, her executors.
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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
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property of the City of Bangor, its agents or employees or third
'
Persons, from any cause or causeswhatsoeverwhile in, arising out a£
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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