City Council

MUNICIPAL COUNCIL 8 COMMITTEE MEETING DATE 8 TIME CHANGE DUE TO THE STATE ELECTION ON TUESDAY, NOVEMBER 8, 2022, THE MUNICIPAL COUNCIL AND COMMITTEE MEETINGS WILL BE HELD MONDAY, NOVEMBER 2022 AT : o AM ALL AGENDA ITEMS WILL NEED TO BE SUBMITTED TO THE CITY CLERK BY WEDNESDAY, NOVEMBER 2, 2022 AT 2:00 PM  MUNICIPAL COUNCIL AGENDA CHESTER R. MARTIN MUNICIPAL COUNCIL CHAMBERS 15 SUMMER STREET, TAUNTON, MA 02780 City Clerk's Office NOVEMBER 7, 2022 - 7:30 AM Notice of Posting INVOCATION Time: 2~·~ prA ROLL CALL Date:~ RECORDS OPPORTUNITY FOR INPUT BY THE GENERAL PUBLIC • Comments will be received for the record • Please state your name and address • Please limit comments to 3 minutes or less • Supplemental written comments may also be provided • Comments should be respectful and courteous • Comments should be addressed to the body as a whole, pertain to the business of the City, and not be personal in nature HEARING: NONE COMMUNICATIONS FROM THE MAYOR • Community Update APPOINTMENTS - NONE COMMUNICATIONS FROM CITY OFFICERS Pg. 1 Com. from Superintendent of Buildings - Requesting Funding Pg. 2-11 Com. from City Solicitor - Right of First Refusal Pursuant to M.G.L. c. 61A, § 14 456 Tremont Street Pg. 12 Com. from Chief Financial Officer - Requesting to Provide Update COMMUNICATIONS FROM CITIZENS - NONE PETITIONS Claim Claim submitted by Linda Spencer, 40 Vernon St., #14, Taunton seeking reimbursement for damages to her automobile from hitting a manhole cover on Winthrop Street near Walgreens in Taunton. (Already referred to the Law Department and the DPW) COMMITTEE REPORTS UNFINISHED BUSINESS - NONE ORDERS, ORDINANCES AND RESOLUTIONS Ordinance for a second reading to be passed to a third reading AN ORDINANCE ARTICLE Ill. STOPPING, STANDING AND PARKING Sec 405-53. Prohibited parking places. Be it ordained by the Municipal Council of the City ofTaunton as follows: That Section 405-53 of the Revised Ordinances of the City of Taunton, as amended, be and hereby are further amended by retracting the existing section pertaining to Lakeview Ave. and adding thereto the following: Lakeview Ave., the North East Side starting at the intersection with Bay Street, North to the Split in Lakeview Ave., approximately 450 feet in length. All ordinances or parts thereof inconsistent herewith are hereby repealed. This Ordinance shall become effective immediately upon passage. NEW BUSINESS - NONE x:er- Respectfully submitted, (L ~ ';{ //;en'7rer L. Leg~r v City Clerk  CITY OF TAUNTON I• MASSACHUSETIS CITY HALL 141 OAK STREET RICHARD R. AMES TAUNTON, MA 02780-3464 SUPERINTENDENT OF BUILDINGS DEPARTMENT OF PUBLIC BUILDINGS {508) 821-1015 FAX {508) 821-1019 November 1, 2022 Honorable Mayor 0' Connell and Members of the Municipal Council 15 Summer St. Taunton, MA 02780 Dear Mayor O'Connell and Municipal Council: Your permission is requested to fund $25,000.00 due to 1144A contractual raises in salaries and wages, account# 01-493-5100-5109. I am requesting this money from the Reserve Account. If you have any questions, please feel free to contact me. sm~cz_ Richard R. Ames Superintendent of Buildings  City of Taunton LAW DEPARTMENT 15 Summer Street Taunton, Massachusetts 02780 Phone (508) 821-1036 Facsimile (508) 821-1397 Shaunna O'Connell Peter F. Winters, Esq. MAYOR FrRST ASST. CITY SOLICITOR Matthew J. Costa, Esq. Thomas P. Gay, Jr. , Esq. CITY SOLIC ITOR SECOND ASST. CITY SOLICITOR David T. Gay, Esq. SP. ASST. CITY SOLICITOR November 2, 2022 Council President Phillip Duarte Members of the Municipal Council City of Taunton City Hall 15 Summer Street Taunton , Massachusetts 02780 Re: Notice of Intent to Sell Real Estate located at 456 Tremont Street, Taunton, MA under M.G.L. c. 61A, § 14. Dear Council President Duarte and Members of the Municipal Council : Enclosed herewith is a Notice the City has received under M.G.L. c. 61A of the present owner's intent to sell the property at 456 Tremont Street for a non-agricultural use. Pursuant to Chapter 61A, the City has a right of first refusal under which it may elect to purchase the property for $650,000.00 as set forth in the Purchase and Sale Agreement which accompanies the Notice. The City has 120 days from the date it received the notice (October 31, 2022) to decide whether or not it will purchase the property. Please refer this to the Committee of the Council as a Whole, or such other committee as the Council deems appropriate, in order to review this matter and determine whether it will exercise the City's right of first refusal. The Law Department has not yet had the opportunity to review the specifics of this property (acreage, etc.) but will complete such research and advise further if you so request. MJC:tmg LAW OFFICE OF ROBERT L. COOPERSTEIN Robert l. Cooperstein Telephone (508)824-1461 26 Russell Street Fax (508)880-5938 P.O. Box 2879 Taunton, MA 02780 \ -- (' October 31, 2022 \ \ (:·~ _... The City Council for the City of Taunton ,- (:") .,.,. ,,.. 15 Summer Street IN HAND DELIVJ,i}RY - ~ Taunton, MA 02780 RE: Notice of Intent to Sell Real Estate located at 456 Tremont Street, Taunton, Massachusetts under M.G.L.C. 61A, section 14. The City Council for the City of Taunton: I represent the Estate of Joseph Rossi, Jr. Mr. Rossi passed away on July 28, 2021. At the time of his death Mr. Rossi was the owner of real estate located at 456 Tremont Street, Taunton, Massachusetts. Said property consists ofland under Massachusetts General Laws Chapter 61A (hereinafter referred to as Chapter 61A) and a separate house lot not under Chapter 61A. In accordance with Chapter 61A, Section 14, notice is hereby given of the Estate's intent to sell the land under Chapter 61A to Spellman and Malloch Real Estate for a bona fide purchase price of Six Hundred Fifty Thousand Dollars ($650,000.00). In further compliance with Chapter 61A, Section 14 please be notified of the following information: 1.The name, address and telephone number of the landowner is: Robert L. Cooperstein, Personal Representative of the Estate of Joseph Rossi, Jr., 26 Russell Street, P.O. Box 2879, Taunton, Massachusetts 02780, telephone number 508-824-1461. A copy of my appointment is enclosed herein; 2. The name, address and telephone number of the landowner's attorney is: Robert L. Cooperstein, Esquire, 26 Russell Street, P.O. Box 2879, Taunton, Massachusetts 02780, telephone number 508-824-1461; 3. The Estate of Joseph Rossi, Jr. intends to sell the land located at 456 Tremont Street, Taunton, Massachusetts which is under Chapter 61A, more particularly described on the Assessors' Map as MAP 51, Lot 49 consisting of 47 acres, more or less, and recorded in the Bristol County Northern District Registry of Deeds at Book 1633, Page 692. Please note that this land being sold excludes the house lot referred to above and two (2) lots on the Northerly side of Tremont Street previously sold; 4. The proposed use of the land is for residential use; 5. A certified copy of the Purchase and Sale Agreement is attached to this letter and said agreement is for a bona fide purchase price;  6. As mentioned previously in this correspondence, there is a contiguous parcel ofland (the house lot) under the same ownership, that is not classified under Chapter 61A and more particularly described on the Assessors' Map as MAP 51, Lot 50, consisting of .68 acres, more or less, and recorded in the Bristol County Northern District Registry of Deeds at Book 1390, Page 187. For your information a certified copy of the Purchase and Sale Agreement for this non 61A parcel is attached to this letter as well. If the City of Taunton does not intend on exercising its first refusal option to meet this bona fide purchase price please provide me with the City's notice that the first refusal option will not be exercised, in a form suitable for recording in the Bristol County Northern District Registry of Deeds, at your earliest convenience. Thank you.  CERTIFICATION I, Robert L. Cooperstein, Esq., Attorney for the landowner and Seller, the Estate of Joseph Rossi, Jr., concerning the sale of 456 Tremont Street, Taunton, Massachusetts (not including house lot), hereby certify and attest that the following and attached Purchase and Sale Agreement, dated October 19, 2022, between the Estate of Joseph Rossi, Jr (Seller) and Spellman and Malloch Real Estate (Buyer), for the property located at 456 Tremont Street, Taunton, Massachusetts (not including house lot), is a true and accurate copy of the original. Signed under the pains and penalties of perjury this 31st day of October, 2022.  STANDARD PURCHASE AND SALE AGREEMENT #503 (Pl&e tof6) fWM9 t b ,.,... The pal1ie8 make this Agreement this 19th day of October • ~ lbia Agreement supersedes and Niplaces al obligations made in any prior Contract To Purchase or agreement for tale entered into by th& partiea. 1.. e...,. &tatlltO(JoMph Roal Jr ~~---~~~~~~~----~~~~-~~~~~~~~--lfnsednentel the "BUYER,• agNH to buy, tha premises described In paragraph 2 on the tenns eat forth below. BUYER may require the conveyance to be made to another person or entity ("Nominee•) upon notification in writing to SELLER at feast Ive business days prior to lhe date for pelformm1ce set forth in paragraph 5. Designation of a Nominee lhal not discharge the BUYER from any obligation under this Agreement and BUYER hereby agrees to guarantee perfonnance by the Nominee. 2. QeemWlpe Of Pntmla". The premises (the "Premises; consist of: (a) the land with any and all buildings thereon known as 456 Tramont Street. Taunton. Ma. 02780 • (not lncludlna ho•lot) ----:---:":~-~-----~~--,.._..-..,,,.-----------••more spedftcally de9crtbed in ade8d *Ol'ded In the IB!!mb COUN1Y Registry of Deeds at Book 1633 , Page f92 , [Certificate No. J, a COJ11ofwhic:h01SiiJi8flot [choose one] attached; and (b) all structures, and improvements on the land and the fixtures, including, but not limited to: any and al storm windows and doors, screens, screen doors, awnings, ahutters, windoW shades and blinds, curtain rods, furnaces, heaters, heating equipment, oH and gas burners and fixtures, hot water heaters, plumbing and bathroom fixtures, towel racks, built-in dishwashers, garbage disposals and trash compactors, stoves, ranges, chandeliers, electric and other fighting ftxtures, burglar and fire alarm systems, mantelpieces, wall-to-wall c::arpets, stair carpets, exterior television antennas and satatlite dishes, fenc::es, gates, land&eaplng inc::ludlng trees, shrubs, flowers; and tM following built-in components, if any: air conditioners, vacuums systems, cabinets, shelves, bookcases and stereo speakera, and not tncludina prevto..IY @lded Imel ind buHdlnm on the norther!! aide of Tremont atret. but exclUding alt farm nulpment and p!!IOl!8I DrOp!!'lY on the Premisaa • (lnMNt ~to 19ft1getafrn, dishwalhers, micmwe111t owns, washing mech/nu, dtyw.t or other items. where 8PPIOP'1•> 3.. Pvn;bat Prict: The purchase price for the Premises Is $.:tt=850=i:::.OO=O•:::OO:..-_ _ _ _ _ _ _ dolars of which $ were paid as a deposit with Contract To Purchase; and $ 10,000.ao are paid with this Agreement;· $ are to be paid • and $ MO.GOO.DO aie to be paid at ht time b' perbmance ~ ~s. c:ashiar's. Rasurer's acertilied d.:k or by wiRtansfar. $ t5Q.080.00 Total 4.. EHrow.. AH funds deposited or paid by the BUYER shall be hetd in a non-interest bearing escrow acoount. by Scott R.eatty Group • as etenJW agent. subject to the tetms of this Agreement and shatl be paid or othefwiae duly accounted for at the time for performance. If a dispute arises between the BUYER and SELLER concerning to whom escrowed ft.Inds should be paid, the eecrow agent may retain aU escrowed funds pending written instructions mutually given by the BUYER and the SELLER. The e&CfOW agent shall abide by any Court decision concerning to whom the fUnds shall be paid and shall 11Qt be made a partr to a lawsuit solely as a result of holding escrowed funds. Should the esaow agent be made a party in violation of this paragraph, the escrow agent shall be dismissed and the party asserting a ciaim against the ascrow agent shall pay the agent's reasonable attorneys' tees and costs. <If Interest is to accrue on escrowed funds, indicete to whom It &hall be paid.) SELLER'S INl11ALS ~ BUYER'S INITIALS _if;__ M.AsSFORMS... 01990. 2000,2002, 2008, 2007. 2008,211tG, 2012.1020.20.22MASSACHUSElTSASSOCIATIONOF REAL"R'lRS9 ~ .............................. Lbn8et: 87329 ~ -~tnllt .._....,c:n.,.t•llllllSl ....A.T.-ll.\2111 .._....... ,.._(111.119'» l'll:ldlMdwmt'-WlltTlwlWltiaml (ZlfoFa.Edll111pt7Ni..-a.8uillt220D• .,...._ 1ll 7111111 _._..!!Ill!! fate:  STANDARD PURCHASE AND SALE AGREEMENT #583 (Pllge2of6} 1 I. Dm for hlfonBMca. The SELLER shal delver the deed and the of the purchase price at 11 ddock ..!...· m. on the 13th day of 2123 • at the BRlll'Ol COUNTY Registry of Deeds, or at such other time and place as i& mutual'/ agAMld In writing. TIME IS OF THE ESSENCE AS TO EACH PROVtSION OF THIS AGREEMENT. Unless the deed and other documents required by this Agreement 819 recorded at the time for performance, al documents and funds are to be held In escrow, pending prompt rundown of the tlUe and recording (or registration in the case of registered land). SELLER'S atlofney « oltler escrow agent shall cflSbunle 1Unds the next business day folowing the date for perfoonance, provided l18t the recording attorney has not reported a problem outside the recon:Sing atmrney's control. I. IJ1t1P11na The SELLER shal convey the Premises by a good Md sufficient quitclaim deed running to 1he BUYER « to the BUYER'S nominee, conveying good and clear tacord and mark8table tide to the Ptaml8es. ftee tom lens and encumbnmcea,except (a) Real estate taxea aulSHd on the Premises which are not yet due and payable; {b) Betlsnnent assessments. if any, which are not a recorded lien on the date of this Agreement (c) Federal, state and local Jaws, ordinances, bylaws, rules and regulations regulating use of land, indud"mg building codes. zoning byfaws, health and environmental laws; (d) Rights and obligations in party wals; (e) Any easement. restriction or agreement of record presently in force which does not interfere with the reasonable use of the Plemises as now used; (f) Utitily easements in the adjoining ways; (9) Matters 1hat would be dlsclosed by an accurate survey of the Premises; and ~>~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ [lnsett in (h) l8fer8nces to any other eaaement. reslrlction, lease or encumbrance which may continue aflel' tile is transfelred} If the deed refers to a plan needed to be recorded with it, at the time for performance the SELLER shaft deliver the plan with the deed in proper fOrm for recording or registration. 7. Ille lgswanct. BUYER'S obligations are contingent upon the availability (at normal premium rates) of an owner"s tille Insurance policy insuring BUYER'S title to the premises without exceptions other than the standard exclusions from coverage printed in the cunent American Land Tille Assoclat!On ("ALTA•) policy cover, the standard printed exceptions contained in the ALTA form currently In use for survey matters and ntal estate taxes (which shalt only except real estate taxes not yet due and payable) and those exceptions permi1led by paragraph 6 of this Agreement 8. CIQllng cartlftcltlons and Qocumenta. The SELLER shall execute and deliver simultaneously with the delivery Of 1he deed SUCh certifications and documents as may cuetomarily and reasonably be required by the BUYER'S attorney, BUYER'S lender, BUYER'S lender's attorney or any title insurance company Insuring the BUYER'S title to the Premfla&. induding, without limitation, certiflc:ations and documents relating to: {a) parties in poaassion of the premises; (b) the aeation of mechanics' or materialmen's liens; (c} the Settlement Statement and other ftnanc:ial aflldavits and agraements as may reasonably be required by the lender or lender's attorney; (d) the citizenship and residency of SELLER as requir1ld by law; and (I} information required to permit the closing agent to report the transaction to the Internal Revenue Service. At. the time of delivery of the deed, the SELLER may use monies from the purchase to dear the title, provided that al documents A!lated thereto are recxxded with the deed or within a ieuonable time thereafter acceptable to the BUYER and, provided further, that discharges of mot1gageS from banks, credit unions, insUrance companies and other institutional lenders may be recorded within a reasonabfe time after recording of the deed In accordance with usual conveyancing practices. The SELLER'S spouse hereby agrees to release al1 statutmy. common law or other rights or intereSt In the Premises and to execute the deed, if necessary. •. eo-wlon And Condftign Of Pnt!nlwn. At the time for performance the SELLER Shaff give the BUYER possession of the entire Premiees, free of alt occupants and tenants and of al pet80MI property, except property included In the sale or tenants pemilted to remain. At the time for performanee the Premises also shall comply with the requirements of paragl8ph II. and be broom clean ond In the same condition ~ fi ~ I I SELLER'S INlTIALS ~2.9~"' OltH, 200D. 2002. 2008. 2007, 2008, 2010, 2.012. 2020, BUYER'S INITIALS 2022~ ASSOCIATION OF REAl.l'ORSe Plodlllld wifl LmaWlllT........ (Zlpfom Edlian)7t7 N HllwoDd II. llcllle2200. OalM. 'fX 7l'i!Dt _.,wJ!All GiTIWll: a i;,.____,___ ___ STANDARD PURCHASE AND SALE AGREEMENT #503 (Plp3of6) ~ E!•lltiaz111 li111) as the PrerrBes now are, reaaonatiee wear and tear excepted, with the SELLER to have perfOrmed al maintenance cusbnarily undertaken by the SELLER between the date of this Agreement and the time i:w performance, and there thal be no OU1llanding no1c:es of violation of any building, zoning, health or environmental law, bylaw, code or regulation, except a& agreed. The BUYER &hall have the right to enter lhe Premises within forty-eight (48) hours prior to the time for performance or such other time as may be agreed and upon reasot'l$ble notice to SELLER for the purpose of determining compliance wtlh lhts paragraph. At the time of recording of the deed, or as otherwise agreed, the SELLER lhaff deliver to BUYER al kays to the Premises, garage door op8n8fS and any security codes. Until delivery of the deed, the SELLER shat maintain tire and extended coverage insu1W1Ce on the Premises In the same amount as currently insured. 10. Emnalon Of 1'lllle For Perfonnance. If the SELLER cannot convey title a& required tJlj this Agreement or cannot deliver possesaion of the Pramiaes as agreed, or if at the time of the deliwry of the deed the Premises do not corrb1n with the requirements set forth in this Agreement or the BUYER Is unable to obtain title Insurance in accordance With paragraph 7, upon written notice given no later than the time for performance from either party to the other, lhe time for performance shal be automatically extended for thirty (30) days, except that if BUYER'S mongage commitment expires or the terms will materially and adversely change In fewer than thirty (30) days, the time for perfonnance set forth In paragraph ei sttall be extended to one business day before expiration of the mortgage commitment. SELLER shaft use reasonable efforts to make title conform or to defiver possession as agreed, or to make the Premisas conform to the raquirements of this Agreement Excluding discharge of mortgages and liens, about which lhe SELLER has actual knowledge at the time of signing this Agreement. the SELLER shall not be raquired to ineur costs or expeneea totaling in excess of on&-half (112) of one percent of the purchase price to make the title or the Premlsas confonn or to dellver possession as agreed. If at the expiration of the time for performance, or if there has been an extension, at the expiration of the time for performance as extended, the SELLER, despite reasonable efforts, cannot make the title or Premises conform, as agreed, or cannot deWer possession, as agreed, or if during the period of this Agreement or any extension thereof, the SELLER ha8 been unable to use proceeds from an insurance claim, if any, to make the Premiaes conform,. then, at the BUYER'S etectlon. any payments made by the BUYER pursuant to this Agreement shaft be Immediately nstumed. Upon return of all such funds, al obligations of the BUYER and SELLER shall terminate and this Agreement shalt automatic:atly become void and neither the BUYER nor SELLER shall have further recourse or remedy against the other. 11. ~ Of Pramiln. If the Premises do not conform to the requirements of paragraph 9 because they have been damaged by fire or other casualty {occurring after the date of this Agreement) that is covered by insurance. then the BUYER shaft have the right to elect whether or not to proceed to accept the Premises and take title. If BUYER elects to proceed BUYER shal have the right to elect to have the SELLER pay or assign to the BUYER, at the time for perlbrmance, 1he proceeds recoverable on account of such insurance, less any cost reasonably incurred by the SEUER for 81ft/ Incomplete repairs or restoration. If the SELLER, despite reasonable etl'orts, haa neither been able to restore the Premises to its former condition nor to pay or assign to the BUYER the appropriate portion of insurance proceeds, the BUYER shall have ine right to elect to have the SELLER give the BUYER a cndit toward the purchase price, for the appropriate amount of insurance proceeds recoverabte less any costs l1l8SOnably incurred by the SELLER for any incomptele restoration. 12. !PWl'IMI Of PMd. The BUYER shaU nave the right to accept sueh tiUe to the Premises as the SELLER can delver at the time for performance and If extended, shatl have such right at the time for performance, as extended. The BUYER shall alto have the right to accept the Pn:tmlses in the then current condition and to pay the purchase price without reduction of price. Upon notice in writing of BUYER'S decision to accept the Premises and tide, the ~ shall convey title and deHver possession. Acoaptance of a deed by the BUYER or BUYER'S nominee, If any, shall constitute fuR pefformance by the SELLER and shall be deemed to release and discharge the SELLER from every duly and obligation set forth in this Agreement, except any duty or obfigation of the SELLER that the SELLER has agreed to perform after ttt. time for pertbrmanae. Notwithstanding the foregoing, all warrantie$, if any, made by the SELLER shal survive delivery of the deed. 13. AflitWnlenll. At the time for performance of this Agreement adjustments shall be made as of the dam of perfonnance for current real estate taxes, fUet value, water rates, sewer use chages, coHected rents, uncollected rents {if and when coleoted by either party), security deposits, prepaid premiUms on insurance it assigned. The net total of such adjustmentB shat be added to or deducted from the purchase ,Jr SELLER'S tNmALS M_ BUYER'S INtTIALS--IA!..:- MASSfQRMS"' Ottflll, 2000, 2002. 2008. 2007, 2008. 2010. 2012. 2DaO. 2022 MASSACHUSE.lTS ASSOCIATION OF REALTORSe ......... ~ ... ._..,..,_Pioducedwilllt... Wif~ ezipFoml Edlhln} 717NHlowOllll111. 8ul9 2'JIO, Olllllll, TX 7112M WW IMlf C!M!! •-n-•  STANDARD PURCHASE AND SA.LE AGREEMENT #Sl3 (Plp4of6} MASSACHUSETI'S q AS!IOCJ«l'ION OF RfAllt)RS• WM e r 1111111ics> price payable by the BUYER at the time for performance. If the real e6ta18 tax rate or assewnent has not been a&tltllahed at the 1ine for perfonnanca, apportiOnment of real estate taxes lhal be made on tte blais of the tax for the most recent tax year with either pmty having the right to request apportionment from the other wlhin twalve rnonlla of the dale that the amount of the current yeal's tax is established. Pf tsnants wfll continue to occupy the Premises. use of the Rania/ Pmpelly Addendum lo Purohue And Sale Agreement shOuld be considel8d.J 14. Aclmowlad. . . . . Of Fn Out Brok•L The SELLER and BUYER aeknowtedge that a fee of _ _ _ _ __ ------------( 139.000.00 ) for profeaaional aeMces &hall be paid by the SEU.ER to Scott R..aty GrouP , the •BROKER•, at the time for perfomalC8. In the tNeRt of a conftict balw9en the terme of this Agreement and a prior fee agreement with BROKER. the terms of the priar fee 8gl99l118nt shall contn>t unless BROKER has expressly agreed to a change in writing. The BUYER and SB.LER aclenOl.Wedge receipt of a notice tom BROKER, pursuant to 254 of the Code Of Maaachuaet1s Regulalians Section 3.0 (13). '9gan:ling any agency relationship of the BROKER with the BUYER Sid/or the SEU.ER. The BUYER and SELLER understand 1hat Scott R!fl!tY Group /l1IS8ft nameL a raal estal!e broker, is seeking a fee tom Seier [name of OstJrv btolcer. seleror buyer. ii appllcablffJfar aervices tendered as a liJ,.,.,eybagent Obyyer's agent 0 fwMplpr (DOO:JMllOt) [chooae OM]. The BUYER bther represents and warrants that there Is no other broker With whom BUYER has dealt in connection wilt\ the puteha1e of the Premises. 15.. . . . . . !Wr1 If the BUYER or BUYER-S Nominee breaches this Agreement. an escrowed funds paid or deposlled by the BUYER shaU be paid to the SELLER as liquidated damages. Receipt of such payment shall conalilule the SELLER'S ac"8 remedy, at law, in equity or otherwise, for BUYER'S default. The BUYER and SELLER agree that in the event of default by the BUYER the amount of damages suffered by the SELLER will not be easy iD ascertain wilt\ certainly and. theRtfore, BUYER and SELLER agree that the amount of the BUYER'S deposit represents a reasonable estimate of the damages likely to be suffered. 1S. Ban Finanqng. (Delete If Waived) "Ria SW.ViR'& 1llH1atieR--'8 '9Wirefta1&ia Mfiiinilmut far MeFflage fiRaAeMI i" the BMal:IM af I """*•"•!II w11en elllai... a '\.\IL..,. at- Jlf8tl8illnl ratH, ....,. •e aenllliene tly . =r:t.e 8W¥&A &halt haue BA alllilaleA ta Bit raaaaMldy ll1i91Rly B ~y 88flflililR8 WrilaiA 8\J¥&R'8 -eaAtnll. -Jf: llllllllllte e • .......~ efl'efte, "'8 81J¥1iA hal ll88R . . .le 411 Mtaifl 8illalrt wFitten aeFAMitrMAt; the BW¥&A Mf11 -...ift... IAll AlreeRteAt lrf P.•1 ·twilan Relae M ia NllMHi ~ IEL~R er 8ELWiR'S f118M lrt &!99 "·"'· ... tt.e ........ 8ay ..... the . . Ml fefll aieu• ... the IMIM ........ Me Rll .,.......... IP llRl!ltNeli\W; Feaai\lelt, Ilia 18RdililR la lleeMtMI welYIMI. "' .... •:iwtt that ..... Mlee M9 llleen MaaMMI, all Maflfee depealei er ,aii lay the BWlf.ER shall '9e MWFl'ieel M8 ell elaligajeRa 9f IMI BWEA .,._. 88.:bER ,..__.. te 1hie~MeAMl!itall eeeee-MIMttle •frvlNJeflll8M attati iee•Me velil. lflM eveM<e"81:"9 IW&R ile ......... ....,. waefl Nl888Ml91e . . . te atllBil'I fiA&AeiPll tll'llell ... SW&R Me MRIMlel . . . . . . . . . (1) ......... .. le• leeRaelt .......,. lender 19)· ,.....,.. fllNf MllleAal iFtfeffMti&R ffMl1:1aMla ily' the M•"981• leRller. Bfllll aala!ll ra•a•lllll~f pc•• ifll 17• ..,.,....,....,,.. (Delete If WBWJ =r:t.e BW¥ER'8 ell9a4ilA9 t1flalf . . . AIMBMeRt Ml IHlljlll ta~ filM let....._,,.._ ··'*'· _ ta allitait Mllllllli&RfeJ ef t.e Pfl&ll1i111 er •"Y 1111t1eet ttlM!18f, iftahtelifll, 19wt "al liMiiHI MlllR; lelllll ....11t: llfllaleavter, WU. ~" eM ...,., 8faiftage lty llNMlltant(~ f81wlat'ty IA the IKl&ifte• af eeR1Jttlli'l1 aa1.- ifl111aali1.., "'8Y¥&R'o8 ftlR eha11iftl, BAii et 8WV&A'8 9818 lfeye after 81il:d:iR'S .......Me af ............... If the reMlll . . A9t altiafaMary te 8W¥1iA, ifl 81N&A'S 1811 lli11!'8tle11, BW¥&A aMll liMhe ttae "9N II fli\19 w11left ....,. ........ lrjt "8 81iU:EA er SEl:biA!S a9e1tt lty i:QO 111.M: eA the aaleftMF My'., the ilata eel fMh alHM9, talWliPNlliAI . . ..,eeMMl U,8fl N&ell\lt .............. &gfe8fft9M ehal l!le will Mel al MIAlea ••, . . . . ..,. ... BYY&R .... lie l'etHMH. FaWre te ,.'9U4'1a li:1-,. fle4i88 ef ........... ehall aeMliWte a VJ81tiel'. IR tM event tMt Ill BWER fleaa Mt e111Alile the lipt '8 hew IMlaft IAflllellllilfl(e) 8f le ae taRfliMta1 the &iibldiA &FMI tha liatifl1 llNl•r . . eMh NIH88ill hM alal"'8 rel811nt '8 tM eetHtitieR et the PMMieas ll8t Ile 8W¥&A er U.e BtJ.V.&R'S eeRaYlllarlla •IM Naa...aly 11&• ~ 1Fhe BY¥EA aeltft91Ulelltl• NI. . . If ............ IM'91Mel'9 Faa'8 Fer Q.......... 11....... ,,....... .., . . Qflee ef Gane111MP .Vfail1. 18.. LMt1 Paint Lan· For premises butt before 1978 BUYER acknowledges receipt of the "Department of Public Health SELLER'S INl1W..S MAssFoRMS··. ..... zoao. /J(L,_. BUYER'S INITIALS L ti! .. 20l'la. . . . 2007, 2009. 21H8.2012, 11H, 20221MSSM:HUSETTSASSOCl.\TION OF REALTCIRSll .................... ~...._ ........,..,.__,11 M ·--~7t7.,_8t. ZllDD,.,..., TX 751111 r=Wcpp _,__ STANDARD PURCHASE AND SALE AGREEMENT #503 {Page 5of6) ~..if : MASSACHUSETTS - . ASSOCIAT10N OF RQ.l.TORS' Property Transfer Notification" regaroing the lead Law, ad<nowtedges verbal notifioation of the possible presence of lead hazards and the provisions of the Fadar'al and Massachusetts Lead Laws and regulationa, including the right to inspect for dangerous levels of lead. Occupancy of premises contalnfng dangerous levels of lead by a child under six years of age ls prohibited, subjected to exceptions permitted by law. BUYER further acknowledges that neither the SELLER nor any real estate agent has made any reprasenlatlon, express or lmJiied, regarding the absence of lead paint or compliance with any lead law, except as set forth In writing. BUYER assumes full responsibility for compliance with all laws relating to lead paint removal, if required by law, and related matters (in parti<:ufar, without llmitation, Mass. G.l., c. 111, § 197), and BUYER assumes full responsibility for all tests, lead paint rerooval and other costs of compliance. Pursuant to 40 CMR 745.113(a), the Property TranSfer Notification Certification Is attached to this agreement 19. Cartiftcata of Al)l)l"Q!U lutallltkm, The SELLER shall equip the residential structure on the Premises with approved smoke detectors and carbon monoxide detectors and furnish BUYER with Certificate of Approved Installation from the local Fire Department at the time for performance to the extent required by law as well as any wood stove permit, if any, required by law, regulation or ordinance. 20. Wmaqtin And fiMrenntltions. The SELLER represems and warrants that the Premises are served by a 0 municipal eewer system r&l private septic system or cesspool D community or &hared septic system or cenpool 0 other as outlined below. (If served by a septic system or cesspool, a copy of the TiUe 6 Addendum is attached.} The SELLER further represents that there 0 la an/ O Is no or ~ has no knowledge of an [choose one] underground storage tank or an unapproved and abandoned septic tank. The SELLER further represents and warrants that SELLER has ful authority to enter into this Agreement The buyer is not relying upon any representation, verbal or written, fJom any real estate broker or licensee concerning legal use. My reference to the category (single family, mufti.. family, residential. commerdal) or the use of this property in any advertisement or listing sheet. including the number of units. number of rooms or other ctasstticatton Is not a representation concerning legal use or compliance with zoning by-laws, bufkling code, sanitary code or other public or private restrictions by the broker. The BUYER understands that if this information is important to BUYER, it is the duty of the BUYER to seek advice from an attorney or written confirmation from the municipality. ln addition, the BUYER acknowledges that there are no warranties or representations made by the SELLER or any broker on which BUYER relies in making this Offer, except those previously made in writing and the fottowing: none {If none, state •none"; if any listed, indicate by whOm the warranty or reprosentation was made.) 21. Ngtign. AH notices required or pennitted to be made under this Agreement shal be in writing and delivered in hand, sent by certified mail, return receipt requested or sent by United States Postal Service ovemlght Express Mail or othel' overnight delivery service, addressed to the BUYER or SELLER or their authorized representative at the address set forth in this paragraph. Such notice shaD be deemed to have been given upon delivery or, if sent by certified mail on the date of delivery set forth in the receipt or In the absence of a receipt three business days after deposited or, If sent by overnight mail or delivery, the next business day after deposit with the overnight mall or delivery service, whether or not a signature is required. Acceptance of any notice, whether by deltvery or mail, shall be sufficient if accepted or signed by a person having express or implied authority to receive same. Notlc& shaff also be deemed adequate if given in any other form permitted by law. {If there are multiple buyers, Identify the malling ~ of each buyer in paragraph 23.] BUYER: Spellman and Malloch Realt E.ltate er Nominee SElLER: Estate of Joseph Rossi Jr Address: p o box §4;7 Address: P o Box 2879 :=l~=~z Dighton, ma 02715 SELLER'S ~NITIALS ~ _ __ MAsSFORMS"" ~-.......i~~~ --  STANDARD PfiltCBASE AND SALE AGBDMENT #503 22. ~ I EledrpnJc DeQvm l ComdnJctlon Of Aamment. This Agreement may be executed In oounterparta. All doctiments related to this transactiOn may be delivered eteclronicalty, including by anoypted email or facsimile, and shal have the same effect as deWery of an original. This Agreement shall be construed as a Massachusetts contract; is to take effect as a sealed instrument sets forth the entire agreement betWeen the parties; is binding upon and iS intended to benefit the BUYER and SELLER and each of their respective heirs, devisees. executors, ·administrators. successors and assigns; and may be canceled, modified or amended only by a written agreement exearted by both the SELLER and the BUYER. If two or more persons are named as BUYER their obligations are joint and several. If the SELLER or BUYER le a trust, corporation, limited liability company or entity whose representative ~ this Agreement in a representative or fiduciary capacity, only the principal or the trust or estate represented shall be bound, and neither the trustee, officer, shareholder or beneficiary shall be pen;onally liable for any obligation. expl9SS or implied. The captions and any notes are used only as a matter of convenience and are not to be considered a part of this Agreement and are not lo be used in determining the intent of the parties. Any matter or practice which has not been addressed in this agreement and whiCh Is the subject of a Tille Standard or Practice of the Real Estate Bar Association for Massachusetts. formeriy known as the Massachusetts Conveyancers Associalfon, at the time of perbmance shall be governed by the standard of 'Practice of the M8S$8chusetts Real EstabJ Bar for Massachusetts. 23. Addllionat Proyjsions.. ProQartv Is belna sold In Its as is condition. UPON SIGNING, THIS DOCUMENT WILL BECOME A LEGALLY BINDING AGREEMENT. IF NOT UNDERSTOOD, SEEK ADVICE FROM AN ATTORNE ~~~RedEstaleor \Q-~;~ ~:,al.~':J)·!C.ll4~-l.i~tv&d~:::......l---k~~~ Date SELLER, or spouse BUYER Date SELLER, or spouse SELLER'S INfTIALS MASSfQRMS ~--- ... BUYER'S INlllALS L ........................ ~,.....  City of Taunton Ligia M. Madeira, Esq. CHI EF OF STAFF OFFICE OF THE MAYOR City Hall Patrick D. Dello Russo, Jr. 15 Summer Street · Taunton MA 02780 CHI EF FINANCIAL OFFICE R (508) 821-1000 Gill E. Enos BUDG ET DI RECTOR MAYOR SHAUNNA O'CONNEI.L 11-2-22 Dear Council President Duarte and members of the Municipal Council , The Finance Department would like to provide the Council with a Quarter One, Capital, and ARPA update on November 15, 2022. Thank you for your Consideration Patrick D Dello Russo Jr. Chief Financial Officer City of Taunton  ,..._, I -- ,.._, <::> ·-j ...... Jl · z ,. . w ("'.:"" 0 <:: - rri NOVEMBER 7, 2022 -::i... !':...> ~ N I .;:'') "I'll .r. -· r::<. Honorable Shaunna L. O'Connell, Mayor :::r u er;,'. Council President Phillip E. Duarte And Members of the Municipal Council J.,.. -.. c:n -rrD "1"J N The following committee meetings have been scheduled for Monday, November 7, 2022 at 7:30 AM at the Taunton City Hall, 15 Summer Street, Taunton, MA 02780 in the Chester R. Martin Municipal Council Chambers. 7:30 AM THE COMMITTEE ON FINANCE AND SALARIES 1. Meet to review the weekly voucher and payrolls for City departments. 2. Meet to review requests for funding/transfers. a. Request from Assistant DPW Superintendent to transfer $275,000 from Water Enterprise EFB Glebe St. Tank Removal to Water Enterprise UFB Insertion Valve. Please note: A "meeting" of the entire Municipal Council, as said terms is defined in Mass. Gen. L. C. 30A, §18 may occur concurrently with this committee meeting. THE COMMITTEE OF THE COUNCIL AS A WHOLE 1. Meet to discuss the standard operating procedure for Municipal Council professional appointments. Please note: A "meeting" of the entire Municipal Council, as said terms is defined in Mass. Gen. L. C. 30A, §18 may occur concurrently with this committee meeting. Respectfully, ·~tU~ Maggie E. Clarke Clerk of Council Committees