12-21-2010 Q Oa=500

AFFIDAVIT

I, Lisa A. Ball, having first been du1y sworn, hereby depose and state as follows:

1. I am the City Solicitor of the City of Holyoke ("City").

2. In accordance with the authority conferred by Massachusetts General Laws, Chapter 40, Section 4, the City entered into a Purchase and Sale Agreement dated November 16,2009 ("Agreement") with the Geriatric Authority of Holyoke ("Geriatric Authority") for the conveyance to the City of certain land owned by the Geriatric Authority.

3. In accordance with the authority conferred by Massachusetts General Laws, Chapter 40, Section 3, the City was granted said land by way of, and as described in, a deed dated September 13,2007, recorded in Hampden County Registry of Deeds in Book 16921, Page 558 ("Deed").

4. Said Deed, by its terms, was subject to an Option and a Right of First Refusal which was on terms and conditions set forth in the Agreement, and which was to be in effect for the Option Period.

5. According to the terms of the Agreement, the Option Period expired and terminated on September 13,2010, which was three (3) years from the date of the Deed, without exercise by the Geriatric Authority.

6. As stated in the Deed and in the Agreement, this Affidavit is conclusive evidence of the facts as set forth herein.

i1-

Signed under the pains and penalties of perjury this~ day of December, 2010.

COMMONWEALTH OF MASSACHUSETTS

Hampden, ss.

On thisciU1~ day of December, 2010, before me the undersigned notary public, personally appeared the above named Lisa A. Ball, the City Solicitor of the City of

Holyoke; and proved to me through satisfactory evidence of identification which was

;?~ ~~~ , to be the person whose name is

signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose.

, -

Not~l~~

My commission expires: -3/11/ /~

SHE REGISTER OONALDCO~'N~V REG'tSTRY Of DEEOS

\ili.MPOEN \}' \ ,

I

.-~--.-~._,,~~~.I

Bk 16921 Ps558 ~74765 09-14-2007 a 11=570

QUITCLAIM DEED

KNOW ALL PERSONS BY THESE PRESENTS that THE GERIATRIC AUTHORITY OF HOLYOKE, a public body corporate and politic created by Chapter 554 of the Acts of 1971 of the Commonwealth of Massachusetts, as amended, having a usual place of business at 45 Lower Westfield Road, Holyoke, Massachusetts

for consideration of ONE MILLION TWO HUNDRED THOUSAND AND 001100 ($1,200,000.00) DOLLARS

hereby grant to CITY OF HOLYOKE, a municipal corporation duly established under the laws of the Commonwealth of Massachusetts having its usual place of business at City Hall, Dwight Street, Holyoke, Massachusetts

with QUITCLAIM COVENANTS,

the land situated in Holyoke, Hampden County, Massachusetts, bounded and described as set forth on Exhibit A attached hereto and made a part hereof.

IN WITNESS WHEREOF, the said TIfE GERIA TRlC AUTHORITY OF HOL YOKE has caused these presents to be signed, delivered and acknowledged by Steven Kravetz, Chairman and John Counter, Treasurer, this /3'11< day of 9;fTC~t4£){ ,2007.

TijE GERlA TRIC AUTHORITY OKE

By:

By:

vetz,; Chairrn7----John Counter, Treasurer

CO:MMONWEAL TIl OF MASSACHUSETTS

Hampden, ss

On this t-;"fI.. day of S&RJ(J.J./I(_ ,2007, before me, the undersigned notary public, personally appeared Steven Kravetz, Chairman of The Geriatric Authority of Holyoke, proved to me through satisfactory evidence of identification, which was personal knowledge, . to be the person whose name is signed on the preceding or attache document, and acknowledged to me that she signed it voluntarily for its stated purpose.

My Commission Expires:

Notary Public

Bk 16921 Pg 559 #74765

EXHIBIT A

A parcel of land in Holyoke, Hampden County, Massachusetts, bounded and described as follows:

Beginning at an iron pin at the Southwesterly comer of the parcel being conveyed, at an iron pin on Lower Westfield Road at land now or formerly of Holyoke and Westfield Railroad; thence running

N 13· 57' 00" W along Lower Westfield Road, a distance of four hundred thirty-four and 35/100 (434.35) feet to a point; thence running

N 80· 18' 14"E two hundred twenty-six and 28/100 (226.28) feet along other land of the Grantor; thence running

N 03· 24' 17" E one hundred sixty-seven and 541100 (167.54) feet along other land of the Grantor; thence running

N 40· 25' 23" E two hundred seventy-five and 411100 (275.41) feet along other land of the Grantor; thence running

N 20· 43' 13" E four hundred seventy and 72/100 (470.72) feet along other land of the Grantor; thence running

S 70° 33' 4811 E three hundred fifty-one and 621100 (351.62) feet along land now or formerly of the Sisters of Providence; thence running

S 27" 18' 56" W eight hundred five and 94/100 (805.94) feet along land now or formerly of the Holyoke and Westfield Railroad; thence running

N 62' 41' 04" W eight and 25/100 (8.25) feet along land now or formerly of the Holyoke and Westfield Railroad; thence running

SOUTHWESTERLY along a curve having a radius of 1,096.78, a distance of six hundred twenty-seven and 67/100 (627.67) feet along land now or formerly of the Holyoke and Westfield Railroad, to the point of beginning.

Containing approximately 9.5316 acres of land and being shown as Lot 2 on a plan entitled "Land in Holyoke (Hampden Co.), MA surveyed for Geriatric Authority of Holyoke" dated November 20,2006 recorded in the Hampden County Registry of Deeds in Book of Plans 347, Page 72.

Being a portion of the premises described in a deed dated December 30, 1971 recorded in Hampden County Registry of Deeds in Book 3658, Page 325.

Bk 16921 Pg 560 #74765

S ubj ect to easements of record.

This conveyance is subject to an Option and a Right of First Refusal on terms and conditions set forth in that certain Purchase and Sale Agreement between the Grantor and the Grantee dated November 16,2006 (the "Agreement"), During the Option Period, there shall be no sale or transfer of all or any portion of the Premises by the Grantee without the Grantee first complying with the Right of First Refusal.

To simplify the record in the event the Option Period terminates without exercise by the Grantor or the Grantor does not accept an offer pursuant to the Right of First Refusal, the following provisions shall apply: the Grantee may make and record with said Registry of Deeds an affidavit under oath, stating (a) the Option Period has expired without exercise by the Grantor or (b) that the Grantee has given notice to the Grantor in accordance with the Right of First Refusal and the Grantee has not received written notice of acceptance of the offer by the Grantor after notice was given to the Grantor in accordance with the provisions hereofand (c) that the conveyance is made within six months thereof to the person named in such notice at a price not lower than that therein stated. Such affidavit shall be conclusive evidence of the facts as set forth therein.

The Grantor hereby releases any rights in the portion of the old paved roadway located on the conveyed premises as shown on said Plan, except as set forth in Section 14 (fl.) of the

Agreement. (!»

HE REGISTER DONALDcoEUNfyS REGiSTRY Of DEEOS

HAMPDEN .

-rn is {)OU NOT CO IVS~r7VT'C A sAL£. ~F Ilt-L. OIL S()/j S1l1tVTI d t.Lr Iii-£.., IJr -fqb . ;/ ~$n o~.-p4 6-vl1l mp~

Bk 16921 Ps561 ~74766 09-14-2007 a 11=570

CERTIFICATE OF CLERK

Dated: September lif, 2007

I, Lawrence Lajoie, Assistant Clerk of the Board of Directors of THE

GERIATRIC AUTHORITY OF HOLYOKE, (the "Authority") hereby certify that on

November 29, 2006 at a duly called meeting of said Board of Directors at which a

quorum was present and voting throughout, it was

VOTED: . (I) To approve and ratify the entry by the Authority into a Purchase and Sale Agreement (the "Agreement") with the City of Holyoke (the "City") whereby the Authority will sell a portion of the Authority's land containing approximately 9.5 acres (the "Property") to the City of Holyoke, all in accordance with the Agreement dated as of November 16, 2006, a copy of which has been filed with the Authority's records, (2) to approve the execution and delivery of a deed (the "Deed") and all other necessary documents in order to carry out the conveyance of the Property to the City (the "Closing Documents") in accordance with the terms of the Agreement, and (3) to authorize the Treasurer and Chairman to execute and deliver on behalf of The Geriatric Authority of Holyoke, the Agreement, the Deed and all of the Closing Documents and to take all necessary actions reasonably necessary to carry out the purposes of this vote .

. I further certify that as of the date of this Certificate, the above votes remain in full

force and effect and have not been modified, terminated or revoked. I also certify that

Steven Kravetz is the Chairman, John Counter is the Treasurer and I am the Assistant

Clerk of the Authority as of the date hereof.

Bk 16921 Pg 562 #74766

COMMONWEALTH OF MASSACHUSETIS

Hampden.ss

On this /.y?i day of J!i~~, 2007, before me, the undersigned notary public, personally appeared Lawrence L doie, Assistant Clerk of The Geriatric Authority of Holyoke, proved to me through satisfactory evidence of identification, which was personal knowledge, to be the person whose name is signed on the preceding or attached document, and acknowledged

to me that she signed it voluntarily for its stated purpose. .

Before me,

My Commission Expires:

DONALD E. ASHE, REGISTER HAMPDEN COUNTY REGISTRY OF DEEDS

\<::.

.... :. '.

PURCHASE AND SALE AGREEMENT

THIS L64i- day of /tIOlJGltAfg

.2006.

1. PARTIES

THE GERIATRIC AUTHORITY OF HOLYOKE, a public body corporate and politic created by Chapter 554 of the Acts of 1971 of the Commonwealth of Massachusetts, as amended, having a usual place of business at 45 Lower Westfield Road, Holyoke, Hampden County, Massachusetts (hereinafter referred to as the "AUTHORITY"), agrees to sell and CITY, OF HOLYOKE, a municipal corporation duly established under the laws of the Commonwealth of Massachusetts and having its usual place of business at City Hall, Dwight Street, Holyoke, Hampden County, Massachusetts (hereinafter referred to as the "CITYH), agree to buy, upon the terms hereinafter set forth, the Premises described in Paragraph No.2 below.

2. DESCRIPTION ,

The land in Holyoke, Massachusetts being a portion of the AUTHORITyts existing land to be surveyed and agreed to by the parties (the "Premises"). The AUTHORITY's existing land is more particularly described on Exhibit A attached hereto (the "Existing Authority Property"). No buildings or improved areas are to be included in the conveyance, it being understood that the conveyance will only consist of the undeveloped portion of the Existing Authority Property.

a. Provisions of existing building and zoning laws;

3. TITLE DEED

Said Premises are to be conveyed Has is" condition by a good and sufficient quitclaim deed (the "Deed") and said Deed shall conveya good and clear record, marketable title thereto free from any encumbrances except:

b. Such taxes for the then current year as are not due and payable on the date of the delivery of such deed;

c. Any liens for municipal betterments assessed after the date of this Agreement;

d. Easements and restrictions of record, if any.

e. Any leases, tenancies or parties legally in possession.

- '.----.-----.'.-~~~. -~

\

4. PURCHASE PRICE

The agreed purchase price for said Premises is ONE :rvrrLLION TWO HUNDRED THOUSAND AND 00/100 ($1,200,000.00) DOLLARS, payable, plus or minus the amount of any adjustments pursuant to Section 13, by certified check, attorney's trust account check or immediately available federal funds at the time of delivery of the Deed.

5. TTh.ffi FOR PERFORMANCE; DELIVERY OF DEED

Such Deed is to be delivered on or before of the later to occur (i) March 31,2007, or (ii) within ten (10) days of the CITY's receipt of proceeds of that certain Bond issue (the "Bond Transaction") authorized by the City Council of the City of Holyoke pursuant to an Order dated October __ , 2006, a copy of which is attached hereto as Exhibit B (the "Bond and Purchase Authorization").

6. POSSESSION AND CONDITION OF PREl\I1ISES

Full possession of said Premises is to be delivered at the time of the delivery of the Deed.said Premises to be then in the same condition as they now are, reasonable use and wear thereof excepted and in compliance with the provisions of any instrument referred to in Section 3 hereof. The CITY expressly acknowledges that the CITY is familiar with the condition of the Premises and except as otherwise specified herein, the CITY agrees that the AUTHORITY makes no warranty or representation, express or implied, or arising by operation of law, including, but in no way limited to, any warranty of quantity, quality, condition, habitability, merchantability, suitability or fitness for a particular purpose of the Premises, including without limitation the soil, water, air or environmental conditions of the Premises. The CITY acknowledges that CITY is purchasing the Premises based solely on the CITY's own independent investigations and fmdings and not in reliance upon any information provided by the AUTHORITY or the AUTHORITY's agents or representatives. The AUTHORITY has made no agreement to alter, repair or improve the Premises.

2

7. EXTENSION TO PERFECT TIlLE OR MAKE PREMISES CONFORM

If the AUTHORITY shall be unable to give title or to make conveyance, or to deliver possession of the Premises, all as herein stipulated, or if at the time of the delivery of the Deed the Premises do not conform with the provisions hereof, the AUTHORITY shall use reasonable and diligent efforts to remove any defects in title, or to deliver possession as provided herein, or to make the said Premises conform to the provisions hereof, as the case may be, provided the expense to do so does not exceed $1,000.00, in which event the AUTHORITY shall give written notice thereof to the CITY at or before the time for performance hereunder, and thereupon the time for performance hereof shall be extended for a period of thirty (30) days. The CITY shall have the election, at either the original or any extended time for performance, to accept such title as the AUTHORITY can deliver to the said

Premises in their then condition and to pay therefor the purchase price without deduction, in which case the AUTHORITY shall convey such title.

8. ACCEPTANCE OF DEED

The acceptance of the Deed by the CITY, or its nominee, as the case may be, shall be deemed to be a full performance and discharge of every agreement and obligation herein contained or expressed, except such as are, by the terms hereof, to be performed after the delivery of said Deed.

9. USE OF PURCHASE MONEY TO CLEAR TITLE

To enable the AU1HORITY to make conveyance as herein provided, the AUTHORITY shall, at the time of delivery of the Deed, be entitled to use the purchase money proceeds or any portion thereof to clear the title of any or all encumbrances or interest, including but not limited to, the liens securing the interim fmancing provided to the AUTIIORITY by Peoplesflank, provided that all instruments so procured are recorded simultaneously with the delivery of said Deed, or satisfactory arrangements are made to deliver the same promptly thereafter ..

10. REPRESENTATIONS REGARDING BROKER

a. The CITY acknowledges that the CITY has not been influenced to enter into this transaction nor has it relied upon any warranties or representations not set forth or incorporated in this Agreement or previously made in writing.

Neither party has dealt with a broker in connection with this transaction. The parties shall indemnify each other for any claim for a broker's commission arising out of this transaction.

11. WARRANTIES AND REPRESENTATIONS

b. The AUTHORITY is the lawful owner of the Premises and, based upon the Vote of the Holyoke City Council and the approval of the Mayor of the City as set forth in the Order dated October -' 2006, a copy of which is attached hereto as Exhibit C, has full power and authority to enter into this Agreement and perform the AUTHORITY's obligations under this Agreement. To the best of the AUTHORITY's knowledge, no other permit, approval, or authorization of, or designation, declaration or filing with, any governmental authority or any other person or entity on the part of the AUTHORITY is required in connection with the execution or delivery by AUTHORITY of this Agreement or the consummation of the AUTHORITY's obligations hereunder.

3

--~-"~~

-.-'

d~

c. The CITY, based on the Bond and Purchase Authorization and applicable law, has full power and authority to enter into this Agreement and perform the CITY's obligations under this Agreement. To the best of the CITY's knowledge, no other permit, approval, or authorization of, or designation, declaration or filing with, any governmental authority or any other person or entity on the part of the CITY is required in connection with the execution or delivery by CITY of this Agreement or the consummation of the CITY's obligations hereunder.

12. CONS1RUCTION OF AGREEIvIENT

This instrument, executed in quadruplicate, is to be construed as a Massachusetts contract, is to take effect as a sealed instnunent, sets forth the entire contract between the parties, is binding upon and inures to the benefit of the parties hereto and their respective successors and assigns, and may be canceled, modified or amended only by a written instrument executed by both the AU1HORITY and the CITY. The captions and marginal notes are u~ed only as a matter of convenience and are not to be considered a part of this" agreement or to be used in determining the intent of the parties to it.

13. OPTION TO REACQUIRE RIGHT OF FIRST REFUSAL

The CITY understands that the AUTHORITY is in the planning stages of an effort to construct a new facility (the "New Facility") on a portion of the Premises consisting of approximately six acres (the "New Facility Parcel"). The AUTHORITY's plans include financing the New Facility in part by the marketing and sale of that portion of the Existing Authority Property which is not needed for the New Facility (the "Developable Property"). The Premises includes the New Facility Parcel and a significant portion of the Developable Property. In order to proceed with the planning of the New Facility, it is imperative that the AUTHORITY be able to reacquire the Premises so it could locate its New Facility on the New Facility Parcel and sell the Developable Property to provide financing.

In order to preserve that ability, the AUTHORITY hereby is granted, and the Deed of the Premises will be subject to, an OptionJRight of First Refusal on the following terms and conditions. The AUTHORITY shall have an option to reacquire the Premises for a purchase price equal to the purchase price paid by the CITY for the Premises pursuant to this Agreement to be exercised, if at all, during an option period (the "Option Period") commencing on the date of closing and terminating on the first to occur of (i) the date that is three (3) years from the date of the Deed, (ii) the termination by the AUTHORITY of its efforts to construct the New Facility, (iii) the failure of the AUTHORITY to exercise its Right of First Refusal as described below or (iv) the occurrence of a Business Termination Event as defined below. For the purposes of this Option/Right of First Refusal, a "Business Termination Event" shall mean The AUTHORITY shall (a) cease to operate its geriatric facility (b) seek relief as a debtor under any applicable law of any jurisdiction relating to the liquidation or reorganization of debtors, or by their consenting to or acquiescing in such relief; (c) be subject to the appointment or

4

, L)

consenting to the appointment of a receiver or other custodian for all or a substantial part of its property, (d) be the subject of the entry of an order of any Court of competent jurisdiction, including the Bankruptcy Court, finding it to be bankrupt or insolvent, (provided, however, that in the case of an involuntary petition in bankruptcy, the AUTHORITY shall have ninety (90) days from the date of filing to have said involuntaty petition dismissed), or ordering or approving its liquidation, reorganization or any modification or alteration of the rights of its creditors. Upon the occurrence of a Business Termination Event, the AUTHORITY will cooperate with the CITY as to disposing of the remaining AUTHORITY's real estate in accordance with its enabling legislation and the provisions of law applicable to the disposition of the land of a not-for-profit 50 1 (c)(3) entity.

During the Option Period, there shall be no sale or transfer of all or any portion of the Premises by the CITY without the CITY first complying with the Right of First Refusal. The terms of the Right of First Refusal are as follows: If the CITY receives a bona fide offer from a third party (a "Third Party Offer") to purchase the Premises (or any part thereof) which the CITY desires to accept, the CITY shall first submit to the AUTHORITY an offer to sell the Premises (or the applicable part thereof) for a purchase price equal to the lesser of (i) the purchase price paid by the CITY for the Premises pursuant to this Agreement (or if less than all of the Premises is being sold a percentage of the purchase price equal to the percentage that the portion being sold bears to the overall Premises), or (ii) the same price (along with the same terms and conditions) as set forth in the Third Party Offer. The offer to the AUTHORITY shall be in writing, sent by certified mail, postage prepaid, addressed to the AUTHORITY, shall state the name and address of the Third Party Offeror and the purchase price to be paid and other terms of the Third Party Offer. Within sixty (60) days after the AUTHORITY's receipt of the offer, the AUTHORITY shall notify the CITY in writing of the AUTHORITY's decision to accept or decline the offer. If the AUTHORITY accepts the offer, the AUTHORITY shall have a reasonable time thereafter, not exceeding the greater of (a) the time allowed in the Third Party Offer or (b) forty-five (45) days, to consummate the purchase. It is further understood and agreed that, if the AUTHORITY does not accept the offer, and the property is sold to the Third Party on the same terms set forth in the Third Party Offer within six months thereafter, the AUTHORITY's right of first refusal and option as described herein shall cease as to the portion of the Premises being conveyed. If the sale to the Third Party does not take place within six months as aforesaid, the Right of First Refusal and option shall again be operative.

To simplify the record in the event the Option Period terminates without exercise by the AUTHORITY or the AUTHORITY does not accept the offer pursuant to the Right of First Refusal, the following provisions shall apply: the CITY may make and record with said Registry of Deeds an affidavit under oath, stating (a) the Option Period has expired without exercise by the AUTHORITY or (b) that the CITY has given notice to the AUTHORITY in accordance with the Right of First Refusal and the CITY has not received written notice of acceptance of the offer by the AUTHORITY after notice was given to the AUTHORITY in accordance with the provisions hereof and (c) that the conveyance is made

5

within six months thereof to the person named in such notice at a price not lower than that therein stated. Such affidavit shall be conclusive evidence of the facts as set forth therein.

The AUTHORITY may exercise its Option at any time during the Option Period by giving written notice to the CITY. The date upon which said notice is given shall hereinafter be referred to as the "Option Exercise Date". If at any time during the applicable Option Period, the AUTHORITY determines that it will not, at any time, exercise the option to purchase, the AUTHORITY shall so notify the CITY in writing and this Option/Right of First Refusal shall expire and terminate and neither party shall have any liability to the other under pursuant thereto.

In the event the AUTHORITY exercises its Option, this Agreement shall, on the Option Exercise Date, become a contract for the purchase and sale of the Premises, on the terms and conditions hereinafter set forth, and shall, subject to the same, bind the CITY to sell and convey the Premises and the AUTHORITY to purchase and pay for the Premises.

In the alternative, if both parties agree, the repurchase option, if exercised, may take the form of a land lease on terms to be negotiated in good faith by the parties with a good faith goal of approximately the relative economic benefits to the parties projected over the term of the land lease.

a. The CITY's obligations to complete the purchase and to close is subject to the completion and funding of the Bond Transaction. The CITY agrees to diligently pursue the completion of the Bond Transaction and use all usual and customary means at its disposal to complete the Bond Transaction.

14. ADDITIONAL PROVISIONS

b. Subsequent to the closing, in the event AUTHORITY's access road to its facility becomes temporarily unusable, CITY shall permit AUTHORITY, its employees, patients, agents, customers and invitees, access over such areas of and such routes over the Premises as reasonably designated from time to time by CITY, subject to the reasonable safety and security rules that CITY may reasonably require. CITY acknowledges that AUTHORITY may need future easements across the Premises for the future operation of the AUTHORITY's facility or the New Facility and the parties agree to mutually cooperate with each other in granting such easements as are reasonably required over reasonable areas of the Premises.

c. All notices, demands and/or consents provided for in this Agreement shall be in writing and shall be delivered by hand or by United States registered or certified mail return receipt requested, with postage prepaid. Notices shall be deemed to have been given one (1) business day after the date deposited in the

6

,.:-:J. '.\

United States mail. All notices shall be addressed to the party being notified at the addresses set forth in Section 1.

d. It is understood and agreed by the parties that if any part, term or provision of this Agreement is held by any court to be invalid, illegal or in conflict with any applicable law, the validity of the remaining portions or provisions of this Agreement shall not be affected and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid, illegal, or in conflict with the applicable law.

e. Any matter or practice arising under or relating to this Agreement which is the subject of a title standard or a practice standard of the Real Estate Bar Association of Massachusetts at the time for delivery of the deed shall be covered by said standard or practice standard to the extent applicable.

f. The CITY and the AU:THORITY agree that at any time, or from time to time after execution of this Agreement and whether before or after the closing date, they will, upon request of the other, execute and deliver such further documents and do such further acts and things as such party may reasonably request in order to fully effect the purpose of this Agreement.

By:

All provisions hereof which are contemplated to be performed after the closing shall survive the delivery of the Deed.

Receipt of a copy of this Agreement by the AUTHORITY and CITY is hereby

ackno edged this /h p. day of /JIJOEfl1j"{B./ ,2006.

THE GERIATRIC AUTHORITY OF HOLYOKE

By: ~- &'4 --

S~tivJbire~

Approved as to Form:

Karen Betoumay , City So icitor

7

, '

EXHIBIT ilA"

The land in Holyoke, Hampden County, Massachusetts, bounded and described as follow's;

WESTERLY:

.. by Holy Family Road;

SOUTHWESTERLY;

by Lower Westfield Road:

SOUTHEASTERLY and EA8TERL Y:

by land of Holyoke & wJtfi~Id Railroad ce., now or' formerly; and

NORTHERLY:

by land of Sisters of Providence and the Roman Catholic . Bishop of Springfield, now or formerly, containing 18.4 . acres, more or less.

. . ~

Excepting the portion coirveyed'to the Roman Catholic Bishop of Springfield by instrument

dated November 1, 1"970;a.s recorded-in Book 3538, Page 431. .

Subject to a temporary e~seriIeritbyMassachusetts Department of Highway dated March.IS, . 2006, recorded in Plan Book 340,. Page 129-130.

. . r

EXHIBITB

Bond and Purchase Authorization

NOV-22-2006 16:03

HOLYOKE CLERKS OFFICE

City of Holyoke

IN CITY COUNCIL

Introduced by Councilor Raymond H. Fayre . . .

Ordered, that $1,200,000.00 Is appropriated for the acquisition by purchase, eminent domain or otherwise for general municipal purposes of all or a portion of following described parcel of land owned by the Geriatric Authority of Holyoke:

The land in Holyoke, Hampden County, Massachusetts, bounded and described as folfows:

Westerly Soothwesterly Southe~stetly and Easterly and

by Holy Family Road;

by Lower Westfield. Road;

by land of Holyoke & Westfield Railroad Co., now or formerly;

Northerly by land of Sisters of Providence and the Roman Catholic .

Bishop of Springfield, now or formerly, containing 18.4 acres, more or less

Being a portion of the premises conveyed to the City of Holyoke by Deed of Chloe .Ely, dated October 22, 1889 and recorded in Hampden County Registry of Deeds, Book 463, Page 105.

That to meet this appropriation the Treasurer with the approval of the Mayor is ·authorized to borrow $1,200,000.00 under G.L. c.44 s.7 or any other enabling authority; that .the sale of such land by said Authority is hereby approved; that the mayor is authorized to take .any other action necessary to carry out this project; and that the Treasurer is authorized to file an application with the Municipal Finance Oversight . Board to qualify under Chapter 44A of the General Laws any or an of the borids and to provide such information and execute such documents as the Municipal Finance Oversight Board may require for these purposes .

. Michael J. SuJlivan, Mayor

In city Council, October 17, 2006. Passed two readings and Adopted on a call of

P.02/03

. r---.

HULTUKc ~LCKK~ Urrl~~

the roliofthEt yeas and nays -Yea$ 12-Nays 1 (Santiago)-Absent 2 (Leahy,

NOrris). ~""lIt-- '6==a

7~ . Clerk

Presented to the Mayor

ForAppro~J ec:r I ~ 20°(.

MaYQ' Office

,....,

r_t- I fj' T 20ab

Ma or

TOTAL p.re

EXHmITC

Order dated October -4-, 2006

HULYUKc ~LckK~ Urr!~c

Agenda #22

City of Holyoke

IN CITY COUNCIL

Introduced by Councilor Raymond H. Feyre

Ordered, that the Treasurer of the Holyoke Geriatric Authority with the approval of the Chairman, is hereby authorized to borrow from time to time during the fiscal year beginning July 1, 2006 a sum or sums not to exceed $1 i2000tOQO.OO in anticipation of the revenue to be received by the Authority during said fiscal year pursuant to the

provfslons of Section 8 (i) of Chapter 554 of the Acts of 1971, as amended. .

I hereby recommend the passage of the above order at the meeting of your council to

be held Tue ct. t 2006.

J. Su' ~ or

In City Council, October 17, 2006. Amended: to change the sum of$1J200,OOO.OO to $750JOOO.OO

Reeivedand Adopted as amended on a call of the roll of the yeas and nays--Yeas

12-Nays 1 (Santiago)-Absant 2 (Leahy, Norris) <, 1\

. ;;>D- '" M>- 1"'- ~ .

~erk

Ma or

Presented to the Mayor

For Approval Oct I r . 2()Q~

~'i\_~

·7~ .. ~CJerk

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