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Home My Public Portal Aboutr 18-180� of t4e �oroug4 of &rfexet, N. �� Date of Adoptio Sept 6, 20 18 AUTHORIZING THE PUBLIC SALE OF CERTAIN REAL PROPERTY OF THE BOROUGH OF CARTERET PURSUANT TO N.J.S.A. 40A:12 -13(a) WHEREAS, pursuant to N.J.S.A. 40A:12 -13 et seq., any municipality may sell any real property, capital improvement or personal property, or interest therein, not needed for public use in accordance with the provisions of, and in compliance with one of the methods of sale authorized by, said statute. WHEREAS, the Borough of Carteret ( "Borough ") wishes to sell certain real property by open public sale at auction pursuant to the provisions of N.J.S.A. 40A:12- 13(a). NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Carteret as follows: 1. Determination of Sale. The Mayor and Council of the Borough of Carteret has reviewed the status of certain real property owned by the Borough and does by this Resolution determine that such real property as described in this Resolution is not needed for public use and that the best interests of the Borough will be served by the sale of said property. 2. Property to Be Sold. The real property described in the attached Schedule A, entitled "Property to Be Sold ", which is made a part hereof, shall be sold by the Borough in accordance with the terms of this Resolution and, further, shall not be sold for less than the minimum price set forth on said schedule. Manner of Sale. The aforesaid property shall be sold by open public sale at auction to the highest bidder after advertisement thereof in a newspaper circulating in the municipality, by two (2) insertions once a week for two consecutive weeks, the last publication to he not earlier than seven (7) days prior to such sale. The real property shall not be sold for less than the minimum set for said real property. The auction for said sale at which bids will be received orally and publicly shall take place on October 18, 2018, at 10 a.m. at the Borough of Carteret War Memorial Municipal Building, 61 Cooke Avenue, Carteret, New Jersey 07008. Said auction sale shall be conducted by the Borough Economic Development Director who is hereby authorized and directed to place the required advertisements of sale, to accept deposits and require appropriate proofs of the bidder's ability to comply with the conditions set forth herein. This sale may be adjourned at the time advertised for not more than (1) week without re- advertising. 4. Conditions of Sale. The aforesaid property shall be sold by the Borough of Carteret subject to the following conditions and any such other conditions as may be identified on Schedule A: A. The Mayor and Council reserve the right to reject the highest bid at the time the bids are received and further shall have the right to reserve decision on the highest bid and either accept or reject the highest bid no later than at the second regular meeting of the Mayor and Council following the receipt of bids. The Mayor and Council further reserve the right to reject all bids where the highest bid is not accepted. Notice of such reservation shall be included in the advertisement of the notice of sale and notice of thereof shall be given at the time of sale. If the Borough shall fail to affirmatively accept the highest bid, or reject all bids, said failure to act shall be deemed a rejection of all bids. B. Upon acceptance of the highest bid, whether it be on October 18, 2018, or at such later date as the Mayor and Council shall act, the successful bidder shall immediately deliver the Borough Treasurer a certified or bank cashier's check or cash in the sum of not less than ten percent (10 %) of the accepted bid. If the successful bidder fails to make this payment, the Mayor and Council may accept the next highest bidder or reject all bids. PAGE 2 C. The closing of title shall occur at the offices of the Borough Law Director at Carteret, 61 Cooke Avenue, Carteret, New Jersey, on October 31, 2018, at 2 p.m., or at such time and place as agreed to by the Borough, at which time the Borough of Carteret will present a Special Warranty Deed with covenant against Grantor's acts, in exchange for which the successful bidder shall pay the balance due on the accepted bid price, less credit for deposit previously made. Payment shall be made by the successful bidder by certified or bank cashier's check or cash. Failure to close title in this manner, shall constitute to a default by the successful bidder and shall effect a forfeiture of the deposit previously made. D. The said land and premises are to be sold subject to all municipal, state and federal ordinances, laws, statutes and regulations affecting the use thereof and subject to such state of facts as an accurate survey of said lands and premises would disclose and further subject to such covenants, easements, conditions appearing in prior title deed and instruments now of record or assessments affecting the said lands and premises. In the event title to the premises or any part thereof shall prove to be defective or unmarketable, and the Borough is unable to remove said defect or unmarketable condition on title within a reasonable time period, then this sale shall be null and void and the only liability of the Borough shall be to return to the purchaser any and all deposits of monies received on account of the purchase price. The said land and premises is sold "as is, with all faults." The Borough makes no representations as to the condition or quality of the land or improvements upon said parcel. Bidders may inspect said parcel prior to the public sale and shall be responsible to fully acquaint themselves with the condition and quality of the property prior to the public sale. The Borough assumes no responsibility to maintain said parcel prior to closing and the risk of loss, if any, is upon the successful bidder. The successful bidder shall be responsible for the cleanup of any environmental contamination located on, under, over or within the above parcel. No deduction shall be made from the purchase price for such cleanup. The successful bidder shall indemnify and hold harmless the Borough from any claims relating to such environmental contamination or the cleanup thereof. The Borough further does not represent that the parcel is developable and shall not be required to correct any violations of law or provide a Certificate of Occupancy or similar document at the time of closing. Moreover, the property may not be used or developed for any purpose for which a property tax emption may be granted. F. As a further condition of sale of the property, the purchaser thereof shall be required to pay at closing, in addition to any adjustments for real estate taxes or other municipal fees, the cost of advertising the said sale, statutory notices, appraisal fees, and the sum of $1,000.00 for legal fees incurred on behalf of the Borough respecting such sale and all other charges incurred by the Borough in order to effect the sale pursuant to law. Adopted this 6 "' day of September, 2018 and certified as a true copy of the original on September 7, 2018. KATHLEEN M. BARNEY, MMC Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO BE LIID X Jai4L X DIAZ X ISM X DE4%SaO X nquL S X X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto Adopted at a meeting of the Municipal Council 6, 2018 CLERX SCHEDULE "A" Property To Be Sold BLOCK LOT ADDRESS ZONE SIZE MIN. BID USES uses include bank, restaurant 1201 8 1540 Roosevelt Avenue 15C 134 x 155 $493,000.00 and/or retail