Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
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)