LOWER PAXTON TOWNSHIP 425 Prince Street, Harrisburg, PA 17109 www.lowerpaxton-pa.gov
GENERAL STIPULATIONS AND INFORMATION FOR BIDDERS
FOR THE SALE OF THE BUCHANAN TRACT
1. RECEIPT OF BIDS:
Sealed bids shall be addressed to Lower Paxton Township, and marked, "Bid on the Buchanan Tract", in accordance with the Bidding Documents and will be received in the Administrative Offices of the Township Municipal Center, 425 Prince Street, Harrisburg, Pennsylvania, 17109 until 1 p.m. prevailing time, on Monday, January 4, 2021.
2. EXAMINATION OF THE BIDDING DOCUMENTS:
Bidders are required to carefully examine the Bidding Documents for the subject property and circumstances affecting the cost of the real estate and the manner of performance.
3. PRINTED FORM OF BIDS:
All proposals must be made upon the blank Bid Form attached hereto and must give the price proposed, both in words and figures (written in ink or typed) and must be signed by the Bidder with his full name and address, and where a partnership, the name and address of each partner in full; if a corporation, the place where chartered and the names, titles and business address of the President, Secretary and Treasurer. In submitting bids, the Bid Form must not be removed from the Bidding Documents. The Bid Form must be retyped intact as received, including proper signatures and seals, and submitted as part of the response to the Township's solicitation. 4. RESERVATIONS AND ANNULMENTS: The Board of Supervisors of Lower Paxton Township shall determine the successful bidder upon the basis of the bids submitted, and reserves the right to reject any or all bids, and may readvertise if the best interests of Lower Paxton Township are to be hereby promoted 5. CHANGES PRIOR TO BID OPENING:
During the period allowed for preparation of bids, bidders may be furnished addenda or bulletins for additions to or alterations of the Bidding Documents, which shall become part of the Bidding Documents. If any prospective bidder is in doubt as to the true meaning of any part of the Bidding Documents, he may submit to the Township a written request for an interpretation thereof. The Bidder submitting the request shall be responsible for its prompt delivery. Any interpretation of the Bidding Documents shall be made only by an addendum duly issued and a copy of such addendum shall be mailed or delivered to each prospective bidder of record. The Township shall not be responsible for any other explanations or interpretations of the Bidding Documents.
6. INFORMALITIES: Proposals or bids which contain erasures, alterations, conditional bids, omissions or irregularities of any kind may be rejected by the Township at its option as not meeting the requirements of the Bidding Documents. 7. PRICE:
The Successful Bidder shall pay and the Township of Lower Paxton shall accept the price stipulated in the bid hereto attached as full consideration for the sale of the Buchanan Tract.
8. LOCATION OF PROPERTY The subject property is unimproved vacant mountain land consisting of a single tax parcel, approximately 40.673 acres in Lower Paxton Township, Dauphin County, Pennsylvania. The parcel is offered “as is” with Fee Simple interest. The subject property lies in the eastern portion of Lower Paxton Township, just east of Blue Mountain Parkway. 9. DESCRIPTION OF TRACT See the copy of the current deed, attached hereto. 10. ZONING The subject property is zoned CO, Conservation District.
11. TERMS AND CONDITIONS OF SALE Each bid must be accompanied by a bid security in the amount of ten percent (10%) of the total amount of the bid by certified check or treasurer’s check made payable to Lower Paxton Township. The above mentioned bid security shall be forfeited to Lower Paxton Township in the event the successful bidder neglects or refuses to enter into an agreement of sale with Lower Paxton Township for the purchase of the Buchanan Tract within ten (10) days of the date that the bid is awarded. A non-refundable deposit of ten thousand dollars and zero cents ($10,000.00) will be required from the purchaser at the time of execution of the agreement of sale, such deposit to be by certified check or treasurer’s check. The balance is to be paid be certified check or treasurer’s check within sixty (60) calendar days of the date of the award of the bid, which time period is of the essence. All checks shall be made payable to Lower Paxton Township. If payment of the balance does not take place within the above specified time period, in addition to any other legal or equitable remedies available to it, Lower Paxton Township will declare the entire deposit forfeited and resell the property at the risk and cost of the defaulting purchaser. In such event, the defaulting purchaser shall be liable for the payment of any deficiency in the purchase price, all costs of both sales, attorneys' fees and all other charges incurred by the Township. The property is to be conveyed in fee simple by quit claim deed, subject to the following: existing building restrictions, ordinances, easements of streets, privileges or rights of public service
companies, if any; or easements or restrictions visible upon the ground or of record. The Township does not warrant that it has clear title to the Buchanan Tract. The sale of the property shall not be contingent on the sale or settlement of any other real estate nor subject to obtaining a mortgage or financing. The purchaser shall bear the risk of loss from any casualty, including an Act of God, henceforth from the date of execution of the agreement of sale. All costs of settlement including, but not limited to the title search, title insurance, transfer taxes, notary fees, recording fees and attorney fees shall be paid by the purchaser. Taxes shall be prorated to the date of the sale. If the Township is unable to convey good and marketable title, the purchaser's sole remedy in law or equity shall be limited to a refund of the deposit to the purchaser. Upon refund of the deposit, this sale shall be void and of no effect, and the purchaser shall have no further claim against the Township. The Township reserves the right to reject any and all bids.
LOWER PAXTON TOWNSHIP 425 Prince Street, Harrisburg, PA 17109 www.lowerpaxton-pa.gov
BID FORM FOR THE SALE OF THE BUCHANAN TRACT
NOTICE: This Bid Form must be completely executed, included with, and returned as part of the Bidding
Documents for the Buchanan Tract to:
THE BOARD OF SUPERVISORS
C/O BRADLEY GOTSHALL, TOWNSHIP MANAGER
425 PRINCE STREET
LOWER PAXTON TOWNSHIP
DAUPHIN COUNTY, PENNSYLVANIA
1. This Bid is submitted in accordance with your advertisement, inviting bids to be received until 1:00 p.m.,
Monday, January 4, 2021, for the purchase of land herein referred to as the Buchanan Tract. The subject
property is unimproved vacant mountain land consisting of a single tax parcel, with an area of approximately
40.673 acres in Lower Paxton Township, Dauphin County, Pennsylvania. The parcel is offered “as is” with
Fee Simple interest.
2. Having carefully examined the Bidding Documents, including the General Stipulations and Information
for Bidders, the sample Agreement of Sale, a copy of the current deed and this Bid Form, the undersigned
agrees to purchase the Buchanan Tract from Lower Paxton Township in accordance the Bidding Documents
as indicated below at the price set forth in words and figures, as follows:
3. Total Bid Amount - $______________ (price in numbers)
_____________________________________________________________________________ (price in
words)
4. The undersigned hereby designates as his office or residence to which notice of bid award may be
mailed or otherwise delivered:
____________________________________________________________________
____________________________________________________________________
5. Accompanying this proposal is a bid security in the form of a certified check or treasurer's check in the
amount of ten percent (10%) of the Total Bid Amount, which is being provided as bid security.
6. This bid may be withdrawn at any time prior to the scheduled time for opening of bids or any authorized
postponement thereof.
Date_____________________________ ______________________________
Authorized Signature
______________________________
Company
______________________________
______________________________
Address
______________________________
Telephone
______________________________
AGREEMENT OF SALE
THIS AGREEMENT, made this ______ day of _________________________, 20___, by
and between the Township of Lower Paxton, a township of the second class with offices at ,
Harrisburg, Pennsylvania, (hereinafter referred to as "Seller") and _________
________________________________________________________________, located at
_____________________________________________________, (hereinafter referred to as
"Purchaser").
1. PROPERTY
Seller hereby agrees to sell and convey to Purchaser, who hereby agrees to purchase: ALL
THAT CERTAIN tract of land and improvements, if any, known as the Buchanan Tract, a 40.673
acre tract of land, tax parcel # 35-003-026-000-0000
2. ZONING
The zoning classification for the aforementioned tract is CO, Conservation District.
3. TERMS
The purchase price of ______________________________________
________________________________, shall be paid by the Purchaser to the Seller as follows:
a. a non-refundable deposit of ten thousand and no/00 dollars ($10,000.00) on
the date of this Agreement, in the form of a certified check or treasurer’s check;
b. the balance to be paid by certified check or treasurer’s check within sixty (60)
calendar days of the date of the award of the bid.
Settlement on this Agreement shall take place on or before _______________________.
The following items, if any shall be apportioned pro-rata as of and at the time of settlement:
Taxes as levied and assessed, rents, homeowner association fees, water and/or sewer rents together
with any other lienable municipal services. All realty transfer taxes shall be paid by the Buyer.
4. CONTINGENCIES
This Agreement is NOT contingent on the sale or settlement of any other real estate nor
subject to obtaining a mortgage or financing.
5. TITLE AND COSTS
The property is to be conveyed in fee simple by quit claim deed, subject to the following:
existing building restrictions, ordinances, easements of streets, privileges or rights of public service
companies, if any; or easements or restrictions visible upon the ground or of record. The Township
does not warrant that it has clear title to the Buchanan Tract.
All costs of settlement including, but not limited to the title search, title insurance, transfer
taxes, notary fees, recording fees and attorney fees shall be paid by the Buyer.
6. POSSESSION AND TENDER
Possession is to be delivered by deed at the day and time of settlement. Formal tender of an
executed deed and purchase money is hereby waived.
7. RISK OF LOSS
The Buyer shall bear the risk of loss from any casualty, including Act of God, henceforth
from the date of this Agreement.
8. REPRESENTATIONS
It is understood that the Purchaser has inspected the property, or hereby waives the right to
do so and said Purchaser has agreed to purchase it as a result of such inspection and not because of
or in reliance upon any representation made by the Seller or any public official, agent or employee
of Seller, and that Purchaser has agreed to purchase it in its present condition unless otherwise
specified herein.
9. TIME OF THE ESSENCE
The said time for settlement and all other items referred to for the performance of any of the
obligations of this Agreement are hereby agreed to be of the essence of this Agreement.
10. DEFAULT AND REMEDIES
Should the Buyer fail to pay the balance of the purchase price as set forth in paragraph 3 or
violate or fail to fulfill and perform any of the terms or conditions of the Agreement, then in such
case, in addition to any other legal or equitable remedies available to it, the Seller may declare the
entire deposit forfeited and resell the property at the risk and cost of the defaulting Buyer. In such
event, the defaulting Buyer shall be liable for the payment of any deficiency in the purchase price,
all costs of both sales, attorneys' fees and all other charges incurred by the Seller.
If the Seller is unable to convey good and marketable title, the Buyer's sole remedy in law or
equity shall be limited to a refund of the deposit to the Buyer. Upon refund of the deposit, this sale
shall be void and of no effect, and the Buyer shall have no further claim against the Seller.
11. RECORDING
This Agreement shall not be recorded in the Office of the Recorder of Deeds or in any other
office or place of public record, and if Buyer shall record this Agreement or cause or permit the same
to be recorded, Seller may, at its option, elect to treat such act as a breach of this Agreement.
12. ASSIGNMENT
This Agreement shall be binding upon the respective heirs, executors, administrators,
successors and, to the extent assignable, on the assigns of the parties hereto, it being expressly
understood, however, that the Buyer shall not transfer or assign this Agreement without the written
consent of the Seller being first obtained.
13. ENTIRE AGREEMENT
This Agreement contains the whole agreement between the Seller and Buyer and there are
no other terms, obligations, covenants, representations, statements or conditions, oral or otherwise,
of any kind whatsoever concerning this sale. This Agreement shall not be altered, amended, changed
or modified except in writing executed by the parties hereto.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day
and year first above written.
_________________________ ______________________________
Witness Purchaser
_________________________ ______________________________
Witness Purchaser
ATTEST: BOARD OF SUPERVISORS
LOWER PAXTON TOWNSHIP
_________________________ By____________________________
Chris Judd, Secretary Lowman S. Henry, Chairman