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