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HomeMy WebLinkAbout2002-10-28 02-399 ORDERItem No. 02-329 Date: October 28. 200 Item/Subject: ORDER, Authorizing Execution of a Hill of Sale to the Challenger Learning Center -- Portland Hall Responsible Department: Legal Commentary: The Challenger Learning Center received financial support from dhe City by Council Order #01-336 in the amount of $250,000. The Challenger Learning Center's plans were to occupy the fam er base theater, Portland Hall, subject to final agreement with the University of Maine to convey the building ro the City. That has been done. This Order will convey the building to the Challenger Lemming Center, subject to a mndldon that if the Challenger Learning Center falls to operate the building as provided in an Agreement which Is subject to a mmpamon Order or if it breathes a Lease with the Oty, also subject ro a companion Order, title m the building will revert to the Cty. ITS= n-!1m�.. Manager's Comments: L� r/Cty // 105' Manager Associated Info: BIII of Sale Budget Approval: p Finance Director Legal Approval: fin'//'/TQ City Solicitor ,X Passage _ First Reading Page _1_ of g Referral 02-399 Assigned to Councibr Farrington October 28. 2002 r CITY OF BANGOR (rmE.) ORDER, Authorizing Execution of a Bill of Sale to the Challenger Learning Center-- Portland Hall By the City Council of the City ofBangor: ORDERED, THAT the City Manager, on behalf of the City of Bangor, is hereby authorized and directed to execute a Bill of Saleto the Challengerlxaming Center for the former Portland Hall. Acopy of said Bill of Sale is attached hereto. IN CITY CO09C1L October 28, 2002 Notion Made and Seconded for Passage Peaeei.` 1 (TITLE,) AutmrlainC i3ecatlw of a gill of a Bill of Sale [o [fie Cmllenger Learlag Center - Porti d Mall Assigned to Councilor 0 rm Y BILL OF SALE For consideration paid, the City of Bangor, of 73 Barlow Street, Bangor, Maine hereby sells, thnsfcrs, conveys and assigns auto to the Challenger Leandng Center, a von -profit corporation duly organized and existing under the laws of the State of Maine, the followiag described property: The building located on a pureed of land owned by the City of Bangor and apart of the lot currently bounded by Maine Avenue, Cleveland Street; Illinois Avenue sent Texas Avenue. It is identified in an Agreement of Sale from the United States of America to the University of Maine, dazed May 10, 1971, as Building No. 260, heater and was conveyed to the City of Bangor by bill of sale from the University of Maine System to the City of Bangor dazed January 24, 2002. This conveyance is made subject to the express condition that if the Grantee fails w comply with the terms and conditions of em Agreement of subabor ally even date, following written vofice of breach and Grantee's failure in care said breach within a reasonable time, not m exceed 120 days or if such covenants, terms, provisions or conditions cannot be performed or observed within said 120 day period, if Grantee fails to diligently prosecute the caring of such neglect or ounce, them, upon recording an affidavit certifying that such breach has occumad and Chance has failed m care said breach, fide to the described property shall revert N and be vested in the City of Burger, without fwNcr notice, demand, poymen, oder of condemnation, re-entry, foreclosure, or other judicial act, notice or process, this reverter clause constitating the consideration upon which said premises we conveyed by the City of Bangor to the Grantee. Challenger Learing Center, as Chance, joins in this bill of sale for the purpose of accepting conveyance of the described personal property subject to the conditions and reservations set out herein. The said City of Bangor has caused this instrument to be sealed with its corporate seal, and signed in its corporate name by Fdwmd A. B urefi, City Manager, thereinto duly audmrized, this I E day of ,.� , _ 2003. Signed, Sealed and Delivered in the presence of CrTY OF BANGOR By: &UZ W Edward A. Barrett City Manager j EXHIBIT 02-999 O3-399 Signed, Sealed and Delivered CHALLENGER LEARNINGCENTER In the Presence of �� �f� By: — Witness Name: WBljeat A. Buckley rice: President State of Maine M� Penobsc o; ss 2 P 2003 Thenpemonally appeared the above-named Edward A. Barrell, City Manager, and w1unowledged the foregoing to be his free act aM dead in his said capacity, and the floe net and dead of said body corporate. Before me, NORMAN S. NEITIUMN, IN NOTARY FUSUC, MAINE MY comumNaN E%PIRES JANUAM BI. zA4 zNotaty Pllblj homey at law Printed Name: Stare of Maine Penobscot, as /L4a 2 2003 Than personally the above-named William A. Buckley, as Pfesideot, and acknowledged the foregoing ivstrumeM to be his five act and deed in his said capacity, and the free act and dead of said corpnreflon. Before me, 14,5. P4sow