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HomeMy WebLinkAbout2007-11-14 08-019 ORDERCOUNCILACIION item No.. Date: October 23, 2007 Item/Subject: ORDER, Authorizing the City Manager to Execute a Contract for Sale' with Virginia Winchester — 58 New York Street Responsible Department: Legal Commentary: The property at 58 New York Street borders the City's municipal golf course. The City has had to take measures to protect the property from errant golf balls and has for some time been interested in acquiring the property should R become available. Tice owner of the property approached City staff indicating a desire to sell the property and to offer it to the City prior to putting it on the market. The Government and Operations Committee recommended purchase of the property at the price as set forth in the Contract for Sale, $92,000 Department Head Manager's Comments: Recommend approval. City Manager Associated information: Budge Approval: 4L- - t Solid' Introduced for Consent Agenda x Passage _ First Reading Page } Referral 08 019 G7A&s PP ro Co ilor Hares November 16, 2007 c i°i+ 1. p, CITY OF BANGOR (TITLE.) ORDER, Authomdng the City Manager to Execute a Contact for Sale with Virginia Winchester — 58 New York Street By the CRy Coondt of the C rY y of Barge: ORDERED, THAT, Edward A. Eartett, City Manager, is hereby authorized and directed, on behalf of the City of Bangor, to execute a Contract for Sale with Virginia Winchester to acquire the land and buildings at 58 New York Street, Bangor, Maine. Said Contract for Sale shall be substantially the same as attached hereto and in a final form as approved by the City Solicitor or Assistant City Solicitor I9 CITY WYMCIL Aoveabe2 14, 200) [� Al Ofl-019 TTTY amw Authoz]zio¢ Che City Mm¢er Ca Execute a Cnaeract For Sale Hth Virginia Yfnthester — 58 New Pork Street Musigned to Councilor 99-�- 096a— CONTRACT FOR SALE . 09019 The undersigmd City of Bangor with its office at 73 Harlow Street, Bangor, Maine, (BUYER) hereby offers W purchase from Virginia Winchemn, (SELLER),of 58 New York Street, Bangor, Maine, the property at 58 New York Street, Burger, Maine, mo nparticulsrly described in Exhibit A m[ached hereon and incorporated byreferttrce herein. 892,000.00 is the mod pumhea price. Mull is the DEPOSIT in U.S. Dollars paid hemwith. The balance of the purchase price is lobe paid as follows: a. Cash or check at time of closing. THE DEPOSIT IS RECEIVED AND HELD EXPRESSLY SUBJECT TO THE FOLLOWING CONDITIONS: L SETTLEMENTPIITLE: It is agreed that this transaction shall be closed and the Buyer shall pay any balance due and execute all papers necessary for the completion of the purchase on or before February 1, 2008, anlem otherwrce agreed W, m wdtin& bybothpardes. A Warmnty Deed conveyinggood andmerchantabletitle, free andclear srestrictive covenants epewrd al encumbrances, public utilities, budding and zoning restrictions ofrecord, an shall be delivered W the Buyer or nominee at closing. If the Seller shall be enable W conveyor deliver possession in accordance with the provisions of Us Contract, or make the promisee comme with the Provisions hereunder, then the Seller shall have a reasonable time period, not to extend 30 days to cure any tide defect, unless otherwise agreed by both parties in writing The Seller hereby agrees to use diligent efforts to care any such title defect during such period or make the premises conform, whichever applies. 2. SETTLEMENT COSTS. Seller shall pay for the preparation ofthe Deed. Seller shall pay for the preparation and recording fees fa the removal of any encumbrances against the property. The following items shall be promoted as of the daze of closing: 1. Real estate taxa. 3. POSSESSION: Sella shall deliver to Buyer possession of said premises immediatelyupon kensfer, free of my tenants and occupants, other than those at the time ofthe execution oftlus agreement The premises shall be then in substantially the same condition as at present. Buyer shall have the option W inspect the property prior W closing. The risk of loss or damage to said promises until closing is upon the Sella. 4. DEFAULT: ifthe Buywfail tomakeanypay mtsortoperfomranyoRheagreemmtson his part made or entered into, this Contract shall, a the option of the Seller be terminated, and the Buyer shall return W Buyer monies paid by Buyer pursuant W this agreement. 5. INSPECTIONS: The Purchasubdisencouraged to seek information from professionals regarding any specific issue or concern. The Seller makes no warranties regarding the condition, permitted use or value of the Seller(s) real or personal property. 6. OTHER CONDITIONS: If the Seller is W demolish me residence, then Buyer will have Me right to remove the knotty pine in the deo, within a reasonable time prior to demolifion. None THIS CONTRACT is binding upon the parties hereto, and their respective heirs, personal represenmtives, sumeswrs and assigns. If this CONTRACT is not fullyunderstoo i. parties slwuldcensltan ATTORNEY. This Contractconstimtesmemfimagreementbetwmffie parties hereto, mere are no promises or verbal understandings not clearly specified in it The use of the singular includes the plural and the use of any gender includes the other. BY THEIR SIGNATURES HERETO RECEIPT OF A COPY OF THIS CONTRACT IS ACKNOWLEDGED BY ALL PARTIES. Buyer, ham aninspucted the property and its appmfeumices, hereby offers and agrees to purchase the property at the price and upon the terms and conditions set forth Signed this Srh day of November, 2007 i Witness Yr ' aYr ' a Winchester The Seller hereby accepts the offer and agrees to deliver the property, at the price and upon the terms and conditions stated above. Dated this _ day of November, 2007 at Darfur, Maine. CITY OF BANGOR Wlmeae Edward A. Barrett City Manager Pxll®If A A 019. . Beginning 9 a stake on the southwest side at New York Street standing approxhnately 680 feet northwest from the northwest side of Webster Avenue; thence 90 degrees southwest 100 feet to an iron pipe; thence 90 degrees northwest 50 feet to an von pipe, said line being parallel to the southwest side of said New York Street; thence 90 degrees northeast 100 feet to an iron stake on Use southwest side of New York Street; thence 90 degrees fifty feet to the point of beginning. Being the same property as described in deed ofMvie D. Henry to Virginia Winchester dared September 14, 1971 and recorded the Penobscot County registry of Deeds Volume 2226, Page 7.