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HomeMy WebLinkAbout1974-01-14 59 AB ORDER59 AB Introduced by Councilor erountae, January 14, 1974 a _ryrypp CITY OF BANGOR VD (TITLE.) Y112rt Authorizing City Manager to Enter Into Agreement for the Purchase of Real 8e tate Located at or about 281 Main Street, Bangor, Maine BY the CVY Cnuxold of the Oft ojBmngor: [1)Til10-110 THAT the City Manager is hereby authorized and directed to execute on behalf of the City of Bangor fln agreement for the purchase by the City of certain teal estate located at or about 281 Main Street, Bangor, Maine; a true copy of said agreement being attached hereto and made a part hereof. BE IT FURTHER DRDERED, THAT the City Manager is hereby authorized and directed to execute any and all other agreements and do any and all other things necessary to complete said practised. IN CITY COUNCIL January 14, 1974 Consider next meeting. TY CLERK IN CITY COUNCIL January 28, 1974 Consider next meeting. Y CLERK IN CITY COUNCIL February, 11, 1974 Motion to consider next meeting failed by the following yes and no vote: Councilors voting yes: GasS and Nendereon. Councilors voting n Baldacci, Ballon, Bigney, Brountas, Mooney, Needham and Speirs. The Order then passed by the following yes and no vote: Councilors voting yes: Badacci, Ballon, Bigoey, Brountas, Mooney, earness and States. Councilors voting no; Gass and Henderson. TY CLERK/\ 59 AN ex DER RECEIVED Title, ,r pH JAN 11 w 8: 3K CITY CLERK'S OFFICE Anth., citX awn., to .Enter Into AVAe , for CITY OF poli=R. MAINE the purchase of Real Ea L, Loc., at or. about 281 Main St., Bangor, Ne. ,L/ Introduced d ft by PURCHASE AND SALE AGREEMENT MEMORANDUM OF AGREEMENT made this day of '1974, by and between B S B, Inc., a corporation duly organized and existing under and by virtue of the Laws of the State of Maine, and having a principal place of business in Bangor, County of Penobscot, state of Maine, (hereinafter some- times called the "Seller"), and the city of Bangor, a body politic and corporate, located in the County of Penobscot and State of Maine, (hereinafter sometimes called the "Purchaser"). W I T N E S S E T H, THAT, In consideration of. the sum of One Dollar and other valu- able considerations, paid .herewith, the receipt whereof is hereby acknowledged, and on the terms and conditions hereinafter set forth, the Seller hereby agrees to sell and the Purchaser hereby agrees to purchase on or before February 1, 1974, for the sum of Three Hundred and Twenty -Five Thousand Dollars ($325,000.00), a certain lot or parcel of land together with the buildings thereon, situate in the County of Penobscot, State of Maine, bounded and described as follows, viz: Beginning at the intersection of the north- easterly line of Barker Street with the northwesterly line of Main Street, said last named street line being relocated in 1834 by a widening of Main Street of 17 feet; thence northeasterly along said relocated line of Main Street, 217 feet, more or less, to a point in the northwesterly line of Main Street at the intersection of the generally southwesterly line of Rowe Street, now or formerly, at the generally easterly corner of Lot numbered 8, according to Fred H. COOmhs' Plan dated November 1, 1870, recorded in Penobscot County Registry of Deeds in Plan Book 2, Page 50; thence northwesterly on and by the generally southwesterly line Of said Rowe Street, w or formerly, one hundred eighty-four feet two inches (184' 2"), mare or less, to the generally northerly corner of Lot numbered 6 according t0 Fred H. Coombs' Plan dated November 1, 1870, recorded in said Registry in Plan Book 2, Page 50; thence .southwesterly and running along the generally northwesterly sideline of Said Lot numbered 6, one hundred ten (110) feet more or less, to the generally South- erly corner of said Lot numbered 6; thence southeasterly along the gen- erally southwesterly line of said Lot numbered 6 to the generally northerly corner of Lot numbered 14 according to a plan and survey of the Davis Lot, so-called, made by William P. Parrott, dated August 29, 1844, recorded in said Registry in Plan Book 1, Page 137; thence southwesterly along the generally northwesterly line of said Lot numbered 14, one hundred five (105) feet, more or less, to the generally northeasterly sideline of Barker Street; thence southerly along the generally northeasterly side- line of said Barker Street, two hundred seventeen (217) feet, more or less, to. the point of beginning. Meaning and intending to convey and there is hereby conveyed, whether included in the above description or not, all and the same premises conveyed to B & B, Inc. by the following deeds: (1) deed of Earl C. Banks and George P. Banks to B & B, Inc., dated July 31, 1957, recorded in said Registry in Volume 1624, Page 337; (2) deed of Border Express, Inc, to B & B, Inc., dated August 30, 1960, re- corded i said Registry in volume 1743, Page 380; (3) deed of Clarence F. Duran and Nettie Mae Duran t0 B & B, Inc., dated August 31, 1960, recorded in said Registry in Volume 1743, Page 382; (4) -2- deed of George P. Banks to B s B, Inc., dated April 14, 1967, recorded in said Registry. The terms and conditions of this Agreement are He follows: 1. within ten (10) days from the date of this Agree- ment, the Seller hereby agrees to deliver to the Purchaser, abstracts of title relating to the title to the above described premises, continued to date, in order to enable the Purchaser the determine the merchantability of the Seller's title, and on or before February 1, 1974, the Seller hereby agrees to deliver to the Purchaser a good and sufficient quitclaim deed with covenant conveying good and merchantable title to the above described premises, against receipt of the San of Three Hundred and Twenty -Five Thousand Dollars ($325,000.00), in cash or by certified check drawn on United States funds. In the event title to the above described real estate is not good and merchantable, the Purchaser shall notify the Seller in writing of such title defect and the Seller shall have a reasonable time from the date of receipt of such notice within which to clear such defect. 3. It is understood and agreed that taxes assessed as Of April 1, 1973 shall be prorated between the Seller and the Purchaser as of the date of delivery of the deed. 4. The parties hereto agree that the Seller shall have the right to retain possession of the above described land and buildings until January 1, 1975, rent free, unless the Seller -3- wishes to relinquish possession prior to that date. It is under- stood that the City does not wish to take possession before June 1r 1974. S. In the event the building upon the above described premises shall be damaged by fire or other casualty prior to the transfer of title, the Seller shall retain any and all insurance proceeds received as a result of such fire or other. casualty. 6. During the period of the Seller's possession of the described premises, it shall pay any and all utilities utilized by it upon the subject premises including electricity, telephone, Water and sewer rates 7. The Seller hereby reserves all right, title and interest in and to all its inventory, furniture, and equipment stored in, on, or upon the above described premises, including but not limited to/ a steam generator and gasoline pumps, located upon the above described premises. B. The Purchaser shall have the right to enter upon the premises to survey the subject premises. This Agreement shall bind and inure to the benefit of the parties hereto, and their respective successors and assigns. IN WITNESS WHEREOF, the said B & B, Inc. has hereunto caused its corporate name and seal to be affixed by Earl C. Banks, its duly authorized Treasurer, and the said City of Bangor has hereunto caused its name and seal to be hereunto affixed by Merle -4- F. Goff, its duly authorized City Manager, the day and year first above written. Signed, sealed and delivered n the presence of: - - B 6 B, INC. -5- (seller) CITY OF BANGOR (Purchaser)