OPEN SALE AT AUCTION OF VACANT PROPERTY APPROXIMATELY 75 FEET BY 100 FEET, KNOWN AS BLOCK 362, Lot 3 OWNED BY THE BOROUGH OF SOUTH PLAINFIELD, COUNTY OF MIDDLESEX, STATE OF NEW JERSEY, AND NOT REQUIRED FOR PUBLIC PURPOSES PURSUANT TO N.J.S.A. 40A:12-13(a) et seq.
On October 7, 2019 at 7:00 p.m., at the South Plainfield Borough Hall, 2480 Plainfield Avenue, South Plainfield, New Jersey, the Borough of South Plainfield will hold an open sale at auction to sell a certain piece of real Property owned by the Borough and not needed for public use. The Property is known as Block 362, Lot 3 on the Borough Tax Map. The Property is a vacant lot approximately 75 feet by 100 feet in size.
NOTICE OF PUBLIC SALE OF SURPLUS PROPERTY SUBJECT TO CERTAIN RESTRICTIONS:
1. The Borough of South Plainfield in the County of Middlesex is the owner of the following land located within the Borough of South Plainfield (hereinafter referred to as the “Property”):
Block 362, Lot 3, a vacant lot of approximately 7,500 sq. ft. located R-10 Residential Zone (Note: no metes and bounds description will be supplied; successful bidder is to prepare and submit a metes and bounds description for inclusion in the deed of conveyance), and subject to all easements and restrictions of record and not of record.
2. The Governing Body has determined it to be in the public interest to sell said Property by open public sale auction to the highest bidder in accordance with N.J.S.A. 40A:12-13(a).
3. The Governing Body declares the Property to be surplus and not needed for public use.
4. The sale of the Property by open public sale at auction to the highest bidder, after the expiration of a 60-day due diligence period from the date of this Notice as set forth herein below, shall be held at 7:00 p.m. on October 7, 2019 at the South Plainfield Borough Hall located at 2480 Plainfield Avenue, South Plainfield, New Jersey 07080.
5. This constitutes an invitation for bids published in accordance with law. A bid for the Property may be accepted in accordance with the terms and conditions of this invitation for bids. All bids shall satisfy any requirements and meet any terms and conditions of this invitation for bids.
6. The following conditions for the sale of the Property apply:
a. The highest bidder will be the purchaser, subject to the provisions below.
b. Any person bidding on behalf of a corporation or limited liability company must either submit a copy of a Resolution or letter on its business stationary signed by the president or managing member of the entity authorizing the bidder to bid on the property on behalf of the entity. A person bidding on behalf of a partnership or using a trade name must submit a letter of authorization from the other majority partners and certifying their ownership interest, and in the event of the use of a trade name, a copy of the filed Certificate of Trade Name.
c. The Borough will only accept bids calling for an all-cash purchase of the Property. Full payment of the purchase price must be received within 30 days of the date the Purchaser receives notice from the Borough that all conditions of the Contract of Sale have been satisfied. The successful bidder will be required to pay, by either cash or certified check, a deposit equal to 10% of the purchase price within three days of acceptance of the successful bid, with the balance to be paid by either cash or certified check at closing. Pending closing of title, this contract deposit will be held by the Borough or its Attorney in a non-interest bearing escrow account, with the total deposit to be credited to the purchase price at closing.
The failure to submit the required deposit and sign the Contract of Sale as required herein will render the bid unacceptable. The bidder may not withdraw its bid after submission of the bid at the open public auction. The bidder’s withdrawal of a bid shall result in the forfeiture of the security deposit. The successful bidder, prior to the time of closing of title, shall not be permitted to assign his, her or its bid nor any right, title or interest in the Property. The Borough reserves the right to seek damages as provided by law beyond the loss of the bidder’s deposit. Nothing contained herein shall be construed to waive the Borough’s right to reject any bid in the manner described herein.
d. The sale of the Property is being made subject to the following terms and conditions:
1. The successful bidder may operate or construct any use of the property as permitted in the R-10 Residential Zone District pursuant to the standards set forth in the Borough of South Plainfield Ordinance Standards for the R-10 Zone, except as may be modified or waived by proper approval of the South Plainfield Planning Board or Zoning Board of Adjustment;
2. This Property is being sold “as is”. The successful bidder shall be responsible for any remediation or site work which may be required pursuant to any government regulations, rules or law.
3. Any and all costs (including permits) associated with any such remediation and cleanup shall be at the sole expense of the successful bidder, and shall be considered by all bidders when submitting his, her or its bid for the purchase of the Property.
4. All bidders shall have a period of 60 days from the date of this Notice to the date of the auction to conduct all of its due diligence for the Property, including without limitation, all engineer, environmental, utility, title and survey work (the “Due Diligence Period”).
5. The successful bidder shall bear the burden of paying any and all required sewer service and/or connection fees associated with the use of the Property.
6. The successful bidder shall pay prorated real estate taxes for the balance of the current year as of the date of the closing of title.
7. The successful bidder shall bear the burden of obtaining any and all approvals from the appropriate municipal, county or government agency, if applicable. The successful bidder shall also bear the burden of obtaining and paying for any and all necessary permits, connections and/or arrangements to provide for water, electric, sewer or solid waste disposal.
8. The sale of the Property is not conditioned upon the successful bidder securing financing or obtaining approvals or permits from any body of the Borough, County or State or connections or arrangements from any provider of services. The successful bidder shall be required to obtain all required approvals and permits and pay any and all fees required by applicable law prior to construction of any structure at the Property. The sale is made subject to all applicable federal, state and local laws, regulations, ordinances, resolutions, orders and directives.
9. The closing of title to the Property is “time of the essence”, and must take place on a date no later than 45 days from the expiration of the Due Diligence Period as described above, and the failure of the successful bidder to close title as agreed shall result in the successful bidder’s forfeiture of any and all money deposited with the Borough.
All bids must satisfy any requirements and meet any terms and conditions of the Contract of Sale. The successful bidder will execute the Contract upon completion of bidding and its payment of the required deposit. To execute the Contract, the bidder shall properly execute the Contract in the signature spaces at the end. Failure to execute the Contract properly shall not affect the obligation of the successful bidder or the validity of the sale. The deed given by the Borough of South Plainfield for the Lots will be a Bargain and Sale Deed with Covenants Against Grantor’s Acts. No title contingencies or conditions are permitted.
e. In the event that the successful bidder fails to close title to the lot, the bidder shall forfeit all deposit monies made to the Borough. No refunds whatsoever will be made by the Borough of South Plainfield in the event that the successful bidder fails to complete the purchase of the lot within forty-five (45) days after the date the Purchaser received notice from the Borough that all conditions of the Contract of Sale have been satisfied.
f. The purchaser(s) shall pay the cost of recording fees.
g. The sale shall be subject to adjournment or cancellation by the Borough Council.
h. Bidders may bid on the Lot until the Auctioneer strikes a final bid on the Lot. The highest bid when struck will be the purchase price for the Lot.
i. The minimum bid for the lot shall be as follows:
The Borough reserves the right to accept the highest responsive bid if equal to or greater than the minimum bid price, or to reject all bids at the public sale and not to award to the highest bidder. The Borough reserves the right to waive any and all defects and informalities in any proposal, and to accept or reject the highest responsible and responsive bid deemed to be in the best interest of the Borough.
The Borough’s acceptance or rejection of bids shall be made not later than at the second regular Borough Council meeting following the auction. No bid shall be considered finally accepted until passage by the Borough Council of a Resolution accepting such bid.
j. The Property will be subject to taxes from and after the date of the Bargain and Sale Deed with Covenants Against Grantor’s Acts conveying the Property to the purchaser(s).
k. The purchaser(s) shall pay any and all realty transfer taxes assessed in connection with the sale of the Property.
l. With respect to the sale of the Property herein, NO real estate commission is owed.
m. The Property is begin purchased “as is”. The Property is sold subject to existing encumbrances, liens, easements, zoning ordinances, other restrictions of record, such facts as an accurate survey would reveal and any present or future assessments for the construction of improvements benefiting the Property. A Survey of the Property may be conducted by any prospective bidder, at its discretion, as part of its due diligence with no guarantee made by the Borough as to the accuracy or reliability of same.
No representation is made by the Borough as to the utility, usability or environmental condition of the Property.
The Borough makes no representations as to the presence or absence of wetlands or any other environmental conditions on the Property, and the purchaser(s) assumes the risk of any and all such conditions, it being clearly represented and understood that a condition of the auction sale that the Property and any improvements thereon are being sold in their “as is” condition, without warranty or guarantee of any nature, expressed or implied. The highest bidder accepts and shall purchase the Property in its “as is” condition, having had an ample and sufficient opportunity to inspect the Property prior to making a bid. The highest bidder for this Property after closing of title shall be responsible for all present and future defects of any kind or nature in or on any part of the Property. This agreement shall survive the closing of title.
n. Any material prepared and distributed in connection with this auction sale is for convenience purposes only, and is intended to give prospective bidders a general understanding of the condition, location and size of the Property. The Borough of South Plainfield is not responsible for errors that may appear in such materials. Each prospective bidder is urged to thoroughly research and examine the Property prior to placing a bid. The Property will be available for inspection by appointment only. Prospective bidders desiring to inspect the Property should contact Glenn F. Cullen, Jr., Administrator/CFO at 908-226-7604 to make an appointment.
o. BIDDER(S) SHALL AGREE TO INDEMNIFY AND SAVE HARMLESS THE BOROUGH AND ANY OF ITS OFFICIALS, OFFICERS, EMPLOYEES, ASSIGNS, DESIGNEES, AGENTS OR CONTRACTORS AND THE AUCTIONEER, REAL ESTATE BROKER AND ANY OF ITS OFFICIALS, OFFICERS, EMPLOYEES, ASSIGNS, DESIGNEES, AGENTS OR CONTRACTORS FOR ANY DISCREPANCIES OF ANY TYPE AND FOR ANY ERRORS OR OMISSIONS OF ANY TYPE IN PRINT, ADVERTISING OR ANNOUNCEMENTS AND FOR ANY REPRESENTATIONS OR STIPULATIONS, ORAL OR WRITTEN. THE BOROUGH MAKES NO WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, WITH RESPECT TO THE LOTS, THE BUILDINGS AND STRUCTURES ON THE LOTS, OR ANY OTHER CONDITIONS AFFECTING THE LOTS IN ANY WAY, MANNER OR FORM. NO REPRESENTATIONS OF ANY KIND ARE MADE BY THE BOROUGH OF SOUTH PLAINFIELD AS TO THE CONDITION OF THE LOTS. THE LOTS ARE SOLD “AS IS” “WHERE IS” AND WITH ALL FAULTS.
p. The Borough has compiled this Notice to benefit prospective purchasers. To the best of the Borough’s knowledge, the information contained in the Notice is accurate. The Borough and any of its officials, officers, employees, assigns, designees, agents or contractors shall not assume any liability for inaccuracies and respectfully instructs all interested parties to independently verify this information.