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-
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t Solid'
Introduced for Consent Agenda
x Passage
_ First Reading Page }
Referral
08 019
G7A&s PP ro Co ilor Hares November 16, 2007
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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
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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.