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HomeMy WebLinkAbout2006-05-08 06-160 ORDER�,r3rrr Date: Mayo 200b Item/Subject ORDER, Authorizing Execution of Municipal Quitclaim Deed -- Real Estate Located at 740 Pushaw Read Responsible Department Legal At the time payment was accepted for real estate taxes on property, located at 740 Pushaw Rose, a quitclaim deed was not Issued. Because paymentinduded maur ed liens, Council approval is necessaryto issue a deed in order to release the City's interest in the property back to the property owner. There are no outstanding sewer bills or code Issues with the property. The France CommRtee recommended approval at its May 1c meeting. Department Head ty sol zmr Introduced for CONSENT AGENDA passage _ First Reading Page 1 of 2 Referral 06 160 (./M AsigOedroCouncil0r xetifvgtov Mar a, 2006 "a CITY OF BANGOR (TITLE.) ORDER, Authorizing Execution of Municipal Quitclaim Deetl — Real Estate Located at 740 Pushaw Road By the Ory [ouao7afthe Ury ofBangon ORDERED, THAT Deborah A. Cyr, Finance Director, Is hereby authorized and directed, on behalf of the City of Bangor, to execute a Municipal Quitclaim Deed releasing any interest the City may have in real estate located at 740 Pushaw Road in said Bangor by virtue of undischarged real estate tax liens recorded In the Penobscot Registry of Deeds In Book 8790, Page 308 and Book 9410, Page 94. Said deed shall be directed to Robert N. Bazinet and in a farm approved by the Office of the City Solicitor. ID CITY MUCIL Day 0, 2006 Pa ed # 06_160 CITT O&D%H fipl,& Ao[Loriiiog Bs Utica of Doaicip l Qoi[c Deed — Ml gaCareTocat at 7W P SMW goad 06-160 fight take possession and sba! became the legal owner and holder of the lease -hold estate created heremder and shall hold such estate upon the same terms and conditions as held by Lessee from which such mortgagee, conditional assignee or vansferee acquired possession, but in sum event, said mortgagee, conditional assignee or transferee shall be liable under the toms and conditions hereof during the period of time in which said mortgagee, assigned or pammoe holds such estate, and for my defaults under the terns or conditions hereof which arose befine said came become vested in said mortgages conditional assignee or transferee. Provided, however, That such mortgages, conditional assignee or transferee shall not be Gable for defoult(s) of the Lessee occurring prim to foreclosure unless Lessor provided written notice of such default(s) to the mortgagee, conditional assignee or transferee before the effective date of the foreclosure action (4) drat the existence of such mortgage, conditional assignment or transfer, or my foreclosure by a mortgagee shell not relieve the Lessee from my liability or responsibility of the obligations on its part W be performed. 1M-1[YF[/NWOW..1111IMe) ftiWfell dIYiYti 1 IYCOdNAgaLT,Iq l The Lessor hereby represents and warrents that it has taken all necessary procedural and legal steps as required by Federal, State and local laws and regulations for the purpose of authorizing The execution of this agreement and that execution of Us agreement by the City Manager tenders this agreement a valid and binding document on the part of the Lessor and the same is fully enforceable in all of its terns and conditions by the Lessee. Lessee hereby represents and warrents that it has taken all necessary, procedural and legal steps m required under all State, local and Federal laws and regulations, and all necessary corporate action To authorize the execution of this agreement by its undersigned corporate officers and that Won such execution this agreement is a valid and binding document on the part of the Losses and is fully enforceable in all of its terms and conditions by the City of Bangor. ARTICLE )UX - WAIVER Failure on the part of the Lessor TO complain of any When or non -anion on the part of the Lessee no matter how long the same may continue shall never be doomed to be a waiver by the Lessor of any of Lessor's rights hereunder. Further, it is covenanted and agreed that no waiver at my time of my of the provisions hereof by Lessor, shall be construed as a waiver of my other provisions hereunder, and that a waiver at my time of my of the provisions hereof shall not be construed at my subsequent time as a waiver ofthe same provisions. The approval of Lessor or of my action by the Lessee requiring the Lesson's com ent or approval shall not be deemed to waive or reader umecessary the Lessor's consent or approval of my subsequent s mmar act by the Leases. ARTICLE XX -NOTICES Notices TO the Lessor provided for in this Lease shall be sufficient if seat by registered or codified mail, return receipt requested, postage prepaid to: City Menages, City of Bangor, City