37-077 (24) REAL ESTATE AGREEMENT 223
3'7-O'77
,� L`p�'II ind made this day of July,
A. I). 19 80 between HELEN HALLETT, of Northampton, Hampshire County ,
Massachusetts
of the first part, and CONTINENTAL CABLEVISION OF NORTHAMPTON, Inc . , of said
Northampton
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of the second part.
The party of the first part hereinafter referred to as the SELLER hereby agrees to twit and the
party of the second part hereinafter referred to as the BUYER agrees to pnrrlittac a certain estate
situated in said Northampton
and bounded and described as follows:
A parcel of land containing approximately 6 to 7 acres off Florence
Road, with a frontage of approximately 250 feet on Florence Road,
running along the boundary of land now or formerly of William Ormond
with a depth going southerly of approximately 300 feet, the exact
dimensions to be shown on a plan to be drawn by Almer Huntley, Jr . &
Associates , Inc . and to be initialed and agreed to by both the seller
and buyer, the said plan being a sketch prepared for Continental
Cablevision of Northampton, Inc . dated July 11 , 1980, containing
5.4 acres , more or less , and shown on the said sketch, together with
a right of way 15 feet in width over remaining land of Helen Hallett
as shown on the said dcetch .
Included-in this sale as a part of said preraisPs „are the »slfat-Landlord's--fix.turw,--lielongi-ng---to
4he SELL-ER--a ' •} •}3}�lElcll33 if , .. . 11 Fri -racer, heater3, etpve3, ranges,
cIcefFier-gas mfr.' '-,ilat<rs, air
eondition"'n "r tue, r' ntel` o ' • • idoV1' 1lrt1t12.t,
rcre"us Qcre'u doors, storm-or ti,i•r (letachetl_uudo�ua-a.nd-laors.,-Blind,,-4.wni-n-gce,-d 4• o-nt--€ice-i
t(levi:doa unterm g, c •= , •
rt
sh-rubs and other fixtures, in f:o far as the-sane--a-r) or can by agrekl- parr -of the park•
of-tlpg 1-eatt.g..
The above parcel does not contain any buildings thereon
THE SHEET ATTACHED MARKED "A" IS INCORPORATED INTO AND MADE A PART OF
THIS AGREEMENT.
Said premises are to be conveyed on or before 2 P.M. , August 29, 1980 by a
good and sufficient Warranty deed of the SELLER, conveying a good and
clear title to the same, free from all encumbrances, except:
(a) Provisions of local zoning laws, if any;
(b) Existing rights created by instruments of record in party or partition walls (if an ) ;
(c) Such taxes for the current year as are not due and payable on the date of the delive:y of such
deed, and any liens for municipal betterments assessed after the date of this agree ent.
To enable the SELLER to make conveyance as herein provided, the SELLER may, if th, SELLER
so desires, at the time of the delivery of the deed, use the purchase money or any portion ther-$f to clear
the title of any or all encumbrances or interests; all instruments so procured to be recorded simultan-
eously with the delivery of said deed.
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and for such deed and conveyance the BUYER is to pay the sum of
---TWENTY FIVE THOUSAND ($25 ,000 .00) dollars
of which --FIVE HUNDRED ($500 .00)-- dollars
have been paid this day;---TWENTY FOBTHOUSAND FIVE HUNDRED ($24,500 80)lollars
or ctertdi led cheteed,fftrd••the-rerrrrimter-isttr-be- _:tirl— - e--rrE
are to be paid in cash/upon e eliver o sai Z' �''
thv-}3tl Y'b' ztrtett
rearittg"i rt-ere -tt per-eerrr rrrarrnttrir,-p-�,�rbl�
-and secured-try-a-power of-gate-mvrtgagt=;-trr'tl aguat-furrrr,zrpmr the Tat&"57t 3aa—CILI1 nrtT t6'is
-payable EXCEPT THAT the Seller may be paid over a period of tim if the
Seller so elects , together with an appropriate first mortgage o the
premises to be sold, such option for deferred payments to be en irely
at the election of the Seller .
Full possession of the said premises, free of all tenants
is to be delivered to the BU I ER at the
time of the delivery of the deed, the said premises to be then in the same condition in whi to they now
are.reasfrttable rrrn :by-fire •et-vrt+tez—trr_•rrard e-c -crafty
-excepted.
l
Te-b4.41 i a 4344 0 - e isee, l},tx4ti4-tl €u41-} €of ffee-c -th ;- mot,-be-kept-i ns r
414.4. -of
1 -tea-SM71.g11-444-efbees-sati f-eto4y-to-the-1314YE aRl,-i44-ease-a-;a4}y-lent;,-44-U-F-u -ree03/e1:e41-OF
rercnTrzrhie-en-irceettrt-rsf-seicl-irtmrrtrme-shares-ibcpzrid-over-er-trssignecd;-on-citylivery-of-the•rlced—to-t e
Bl✓'rE ,--tinlesrthe-premises-s-hxif-previcrusiy-hm*e•-been-resterecl-to-thenformer-ce t c}itief rr-br-the-
S-ErInrinrE.R.
Rents;-Irmtxranee I'rc,iihrTrs- rtet ater-arrd Taxes, shall be apportioned as of the day of delivery
of the deed, and the taxes assessed for they at`1'J-- 1cdl be-paitl-b-y- fiscal year 1980-81 shall
be paid by Seller after apportionment
The deed is to be delivered and the consideration paid, if the purchaser so requires, at the Registry
of Deeds in which the deed should by law be recorded, on August 29 1980
at at 2 P.M. unless some other place and time should be mutually agreed upon.
If the SELLER shall be unable to give title or to make conveyance as above stipulated, any pay-
ments made under this agreement shall be refunded, and all other obligations of either party hereunto
shall cease, but the acceptance of a deed and possession by the BUYER shall be deemed to be a full
performance and discharge hereof.
Irrctmsitleratiorr i,f the-alcove; ,-wife-ttf the
said- , agrees-te-jeifr-i4i-tl}e-ea444-e1.ee41
to be made ae--afferesaiti,- l-t-o-Yelease-a-nci-eolwe3f-to-the E -xll-ete,latwi -ate-ether--Pigirt-s-a i-
i+tteesis-irr-said-pretrrieee:
IT IS UNDERSTOOD THAT A BROKER'S COMMISSION OF ten (10 y- per cent
on the said sale is to be paid to A .W. Borawski & Co.
by the said SELLER.
The contracting parties agree that this contract contains all the terms and conditions of this sale.
It is mutually agreed that any oral representation made by either party prior to the signing of this
agreement is null and void.
Il tutturSki tuhk'rcuf, the said parties hereto, and to another instrument of like tenor, set their
hands and seals on the day and year first above written.
Signed and sealed in presence of
CONTINENTAL CABLEVISION OF
NORTHAMPTON, INC.
By
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E trItiun
The time for the performance of the foregoing agreement is extended until
Witness our hands and seals this day of 19
"A"
It is a condition of the purchase of the said property that the
Buyer secure a Zoning Permit from the City of Northampton for �n
erection of a cable television tower headend building and receiving
dish on the said premises . The Buyer is to immediately file far the
same and to bear the expense of processing the application . If the
said Zoning Permit is not granted, then their deposit shall be
refunded and this Agreement shall be cancelled . If the said permit
is granted, but the appeal period from the granting of the permit
has not expired prior to August 15, 1980, then the time for closing
shall be extended to a time seven (7) days after any such appeal
period has expired. If the said permit is granted and any person or
abutter or agency appeals the decision to the Superior Court, then
this Agreement shall terminate and end, and the parties may make such
new Agreement at that time .
The Buyer is to have the right to go on the premises immediately
after execution of this Agreement to make any necessary soil boring
tests , however, restoring the land and filling in any holes made,
immediately after the test is concluded .
The Seller , her heirs and assigns , also agrees to grant to the
Buyer the right to come on remaining land of the Seller at any time
in the future so long as the Buyer maintains a cablevision tower and
reception disc on the property it is purchasing to trim or cut back
the tops of trees over 75 feet in height on the remaining land of the
Seller within a 30 foot path , the center line of the said path; to be
250 .58° -Prom true North as shown on the said sketch, which line runs
from the satellite reception disc building , the purpose of this being
to give the Buyer the right to trim the said trees if they interfere
with the reception at the said disc .