Ordinance No. 17-16

Introduced: October 23, 2017
Public Hearing: November 13, 2017
Status: Adopted

An Ordinance Authorizing the Sale of Certain Land in Vernon Township to Be Sold at Private Sale in Accordance with N.J.S.A. 40a:12-13 (b) (5)

WHEREAS, the Vernon Township Council has determined that certain municipally owned land located in Vernon Township (hereinafter “Township”), as listed in Schedule A attached hereto (hereinafter the “Subject Properties” or the “Properties”), are no longer necessary for municipal purposes as such shall be sold at private sale in accordance with N.J.S.A. 40A:12-13 (b) (5); and

WHEREAS, the Local Lands and Building Law, N.J.S.A. 40A:12-1, et seq., authorizes the sale by municipalities of any real property, capital improvement, or personal property no longer needed for public use; and

NOW, THEREFORE, BE IT ORDAINED by the Vernon Township Council that the Subject Properties shall be sold by private sale. The Subject Properties are being sold by Vernon Township “as is.”

BE IT ORDAINED, in accordance with N.J.S.A. 40A:12-13 (b) (5) and with N.J.S.A. 40A:12-13.2, the Subject Properties are being offered to adjacent property owners.

BE IT FURTHER ORDAINED, that the Vernon Township Council hereby authorizes, , that the Township Business Administrator offer for sale to the highest bidder by sealed bids at auction, the Subject Properties.

BE IT FURTHER ORDAINED, that the following terms and conditions shall apply:

1. The bid opening shall be conducted on December 6, 2017 at 10:00 a.m. at the Municipal Building, 21 Church Street, Vernon, New Jersey or as soon thereafter as the matter may be heard and public announced, provided the sale is not canceled.
2. The public sale, if not canceled, shall take place by a sealed bid auction to the highest bidder.
3. The Subject Properties shall be sold for not less than as listed on Schedule A.
4. The Subject Properties shall be sold subject to 2017 taxes, pro-rated from the date of sale.
5. The Township shall have the right to remove any Property from the auction for any reason whatsoever until the time of the auction. Notice of such removal will be posted on the Township Website prior to the commencement of the auction.
6. Potential Bidders are advised: (1) to conduct all necessary title searches prior to the date of the sale; (2) that the description of the Subject Properties is intended as a general guide only and may not be accurate; (3) no representations of any kind are made by the Township as to the condition of the Subject Properties which are being sold in their present conditions “as is”; (4) that the sale is made subject to all applicable laws, statutes, regulations, and ordinances of the United States, State of New Jersey, and the Vernon Township.
7. At the conclusion of the auction, the successful bidder shall provide a deposit of 10% of the bid by certified check or money order and shall execute an Agreement of Sale. Said Agreement of Sale shall be binding upon the high bidder until such time that the municipal council either: (1) does not accept the bid in which case bidders deposit will be returned; or (2) accepts the bid whereupon the municipality shall execute the Agreement of Sale and both parties shall be held bound by the terms and conditions contained therein. The balance of the purchase price shall be paid at closing which shall occur not later than 60 days following the acceptance of the bid by the Township. The purchaser shall be entitled to possession immediately following closing of title.
8. In the event the Township is unable to convey clear and marketable title, insurable at regular rates by a title insurance company licensed to do business in the State of New Jersey, the Township will forthwith return to the purchaser any and all deposit moneys previously submitted by the purchaser, and neither party shall have any further rights against the other. The acceptance of a deed by the purchaser from the Township shall extinguish any claims that said purchaser may have against the Township in connection with the quality of title conveyed.
9. The property herein sold is 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 said property. Neither the Township nor the Auctioneer make representations as to the presence or absence of wetlands or any other environmental conditions on the property and the purchaser assumes the risk of any such condition, all property being sold “as is.”
10. All conveyances by the Township shall be made by Bargain and Sale Deed with Covenants Against Grantor’s Acts.
11. Acceptable bids shall be confirmed by resolution of the Municipal Council no later than the first regular meeting of the Municipal Council following the date of such sale.
12. This Ordinance shall constitute and serve as the public notice to be published in a newspaper circulating in the Township at least once a week for two (2) consecutive weeks, the last publication being not earlier that seven (7) days prior to the date set forth for the public sale.
13. In the event the successful bidder fails to close on the property, the bidder shall forfeit the ten percent (10%) deposit.
14. The Township Council reserve the right to withdraw this offer to sell, or upon completion of the bidding to accept or reject any or all bids for said property or to waive any informality in relation thereto.
15. The Township may at its discretion, reject a bid by or on behalf of or disqualify a successful bidder who:
    1. Owns or has than a 10% ownership stake in any property located within the Township upon which there exists a tax arrearage of more than 2 quarters; or
    2. Owned or had more than a 10% ownership stake in any property located within the Township that was previously foreclosed upon.
    3. Owns property located within the Township upon which there exists outstanding citations for zoning or building code violations.
16. Any properties that do not sell during this private sale will be subject to sale at the next Public Auction since the adjacent owners have had the first offer to purchase.

INCONSISTENCY: That all ordinances and parts of ordinances and conflicts that are inconsistent with this ordinance are hereby repealed but only to the extent of such conflict or inconsistency.

EFFECTIVE DATE: This Ordinance shall take effect upon final passage and publication as provided by law.

Schedule A