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HomeMy WebLinkAboutTown of Southold to the Cutchogue Free Library PF-28' . Rev. 2/79 Date: Parties: Premises: . ,. NYBTU Form 8041 (Rev. 11178}-CONTRACT OF SALE WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN ENGLISH"). CONSULT YOUR LAWYER BEFORE SIGNING IT. NOTE: FIRE AND CASUALTY LOSSES: This connaCl form does not provide for what happens in the event of fire or casualty loss before the title closing. Unless dillerent provision is made in this contract, Section 5-1311 of the General Obligations Law will apply. One part of that law makes a purchaser responsible for fire and casualty loss upon taking of tide to or possession of the premises. CONTRACT OF SALE made as of the 30M day of ~ ,1981 BETWEEN TOWN OF SOUTHOLD. a municipa orp ation of the State of New York having its principal office at Main Road. Sou old. ew York X'ldxlml!X hereinafter called "SELLER", who agrees to sell; and CUTCHOGUE FREE LIBRARY. Main Road. Cutchogue. New York Address: hereinafter called "PURCHASER" who agrees to buy the property, including all buildings and improvements thereon (the "PREMISES"), more fully described as, all that certain plot, piece or parcel of land, with the buildings and improvements thereon ereaed, situate, lying and being in IIbx Cutchogue. Town of Southold. County of Suffolk and State of New York. described and bounded as follows: BEGINNING at a concrete monument at the southwest corner of the premises hereby conveyed and running thence North 42 degrees 15 minutes West 100 feet along the property of George A. Gould Estate to a concrete monument; thence North 37 degrees 47 minutes East 50 feet along lands of Wickham Estate to another concrete monument; thence South 42 degrees 15 minutes East 100 feet along lands of Wickham Estate to another concrete monument; thence South 37 degrees 47 minutes West 50 feet along the Main South Highway to the point or place of BEGINNING. EXCEPTING AND RESERVING unto the New York Telephone Company. its successors and assigns. however. all the right, title and interest of the New York Telephone Company. its successors and assigns. in andto all ducts. conduits, manholes, cables, wires, poles, fixtures. appurtenances and facilities for telephone purposes which may presently be located in, on, over, under and througl the streets adjoining the premises. ALSO RESERVING unto the New York Telephone Company, its successors an assigns. the permanent and perpetual rights, privilege, authority, easement and right of way to place, replace. construct. reconstruct, install. operate, use, repair, maintain, relocate and remove such ducts, conduits, manholes, cables, wires. poles. fixtures, appurtenances and facilities for telephone purposes as the New York Telephone Company. its successors and assigns. may from time to . time deem necessary in, on, over, under and through the streets adjoining the premises. BEING and intended to be the same premises conveyed by the New York Telephone Company to the Town of Southold by deed dated June 4, 1970 and recorded in the Suffolk County Clerk's Office on June 10, 1970 in Libel' 6755 of deeds at page 18. Said premises is shown and designated on a map entitled "Map of Land surveyed for Town of Southold at Cutchogue, Town of :,:\outhold. New York" as surveyed by Van Tuyl & Son on June 3. 1970. a copy of which map is annexed }wrdo, Also known as: Street Address: Tax Map Designation: 1000-102-05-22 Together with SELLER'S interest, if any, in streets and unpaid awards as set forth in Paragraph 9. Personal Properly.. Purchase Price: Existing Mortgage(s)c Acceptable Funds: "Sub.iect to" Provisions: Title Com.pany Approval: The sale also includes all fixtures and articles of personal property attached to or used in connection with the PREMISES, unless specifically excluded below. SELLER states that they are paid for and owned by SELLER free and clear of any lien other than the EXISTING MORTGAGE(S). They include but are not limited to plumbing, heating, lighting and cooking fixtures, bathroom and kitchen cabinets, mantels, door mirrors, venetian blinds, shades, screens, awnings, storm windows, window boxes, storm doors, mail boxes, we~ther vanes, flagpoles, pumps I shrubbery, fencing, outdoor statuary, tool sheds, dishwashers, washing machines, clothes dryers, garbage disposal units, ranges, refrigerators, freezers, air conditioning equipment and installations, and wall to wall carpeting. Excluded from this sale are: Furniture and household furnishings, I. la) The purchase price is $ 55, 864.00 Payable as follows: On the signing of this contract, by check subject to collection: (Inclusive of $500. Bid Deposit) By allowance for the principal amount still unpaid on EXISTING MORTGAGE(S): $ 5,586.40 $ -0- By a Purchase Money Note and Mortgage from PURCHASER (or assigns) to SE';LLER: $ - 0- BALANCE AT CLOSING: $ 50,277.60 (01 If thts sale iSsuoJect to an "XI~ II NG1'IIURTGXGE,t11€l"urCllaSeMoney Noii' and Morigage will also provide that it will remain subject to the priorlien of any EXISTING MORTGAGE even though the EXISTING MORTGAGE is extended or modified in good faith. The Purchase Money Note and Mortgage shall be drawn on the standard form of New York Board of Title Underwriters by the attorney for SELLER. PURCHASER shall pay the mort(agerecording tax, recording fees and the attorney's fee in the amount of $ .' "I6r its prepa~ation. Ic) If any required payments are made on at} EXISTING MORTGAGE between,n6w and CLOSING which reduce the unpaid principal amount of an EXISTING MORTGAGE below the atn011'~t shown in paragraph 2, then the balance of the price payable at CLOSINGwill be adjusted. SELLER agrees-th'at the amount shown in Paragraph 2 is reasonably correct and that only payments required by the EXISTlNG"MORTGAGE will be made. (d) If there is a mortgage escrow account that is maintaine~e purpose of paying taxes or insurance, ete. SELLER shall assign it to PURCHASER, if it can be assigned>A1\ that event PURCHASER shall pay the amount in the /' escrow account to SELLER at CLOSING. /" / 2, The PREMISES will be conveyed subjec~h: continuing lien of "EXISTING MORTGAGE(S)" as follows: Mortgage now in the unpaid prin~unt of $ and interest at the rate of per cent per year, presently payable /.. in installments of $ , which include principal, interest, / and with any balance of principal being due and payable on /'" SELLE 4tates that no EXISTING MORTGAGE contains any provision that permits the holder of the mo age to require its immediate payment in full or to change any other term thereof by reason of the fact of 3. All money payable under this contract unless otherwise specified, shall be either: a. Cash, but not over one thousand ($1,000.00) Dollars, b. Good certified check of PURCHASER, or official check of any bank, savings bank, trust company, or savings and loan association having a banking office in the State of New York, payable to the order of SELLER, or to the order of PURCHASER and duly endorsed by PURCHASER (if an individual) to the order of SELLER in the presence of SELLER or SELLER'S attorney. c. Money other than the purchase price, payable to SELLER at CLOSING, may be by check of PUR CHASER up to the amount of ($) dollars, or d. As otherwise agreed to in writing by SELLER or SELLER'S attorney. 4. The PREMISES are to be transferred subject to: a. Laws and governmental regulations that affect the use and maintenance of the PREMISES, provided that they are not violated by the buildings and improvements erected on the PREMISES. b. Consents for the erection of any structures on, under or above any streets on which the PREMISES abut. c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. d. Seller represents that said premises are located in a "B-1 General Business District" under the Southold Town Zoning Code and Seller will deliver at the title closing a Certificate of Occupancy from the Southold Town Building Inspector certifying thereto. 5. SELLER shall give and PURCHASER shall accept such title as any reputable title company doing business in Suffolk County ,a member of The New York Board ofTicle Underwriters will be willing to approve and insure in accordance with their standard form of title policy, subject only to the matters provided for in this contract. I I. . , . . '. . I . I' . !, . ! - ""' v -;J J: 0::;' 1-; OQ/ Ill! >- ~ , '-- ----------- ' . -- -+ II," O\5C~.,_\<\-,c""'\' ... I ' ~ ,.." ) '$+ ()1" ~ (~O""y\~YI'1 ~,€.'~~c~ _';:'V/04 ____-" \... I SO,__ ,. I ~3~~:-~~~-- ,/' r I ~ :->l<ed \ .' I! l.' ,-, :& i~ I' , ' ,,6 r I S+OYU ~ bVfCk:f f~o",,~ b\.t~ \d,t-(~ j " , . ) \!l 111 o d o /'. i l:i .1: ~ \J !.'i o v;:r' '- -~ O'll f > o '+- / / ~ , 1 i ,~~ rJ T--' > "i i , ~ If) ~ .Q ~ ''II; ~"'I ju~. ~ :~ v ,_ ct \.-CI-"'" I ~oepo .. ,__ ....--'!t..-, o ~~ ,'_ ""~'---:~~~<;:';;----- t '"fA ( 'l', _ --II<c ~ S3 ~S\"ew'" I' S '., 'Jl It) M . ; i ~ ..Ii ~~! "'-I ~, ",(I."'P c.o...... ROAO MAIN I MAP OF LAND I I I j I I I I ! , I I . . , j I 1 , I 'Dru NO /~"7 34'7 I GUOlva.k+ee<i+o Tke. Ti+le GlAQ va t'f tee j . COIt1 PQl'tlol ellS $;,4vve, yea! ..lUH~ $, 1970. I' VAN''''J'\.JV~'' SON", .~.r.pH.(~'."'" , I "-lc.e,,",fe:a_Li3'1~(S~ov:i: . I , GVC4"'~c:W+. J:'l4l-w.~qv"'; "., ' ~ SURVEYED FOR' . TOWN OF SOUTHOLD AT CUTCHOGUE TOWN OF SOUT/-lOLD, N.'!:' /0<>0 _ 10'), - o.$"- ~;l. - Sea Ie: 20 ',. I~ I;l ~ t110H~I+\e.""* Closing Defined And form of Deed: r . " . Closing Date and Place: Broi<er.' Streets and Assignment of Unpaid Awards: Mortgagee's Certificate or Letter as to Existing Mortgages(s ).' Compliance with State and Munidpal Department Violations and Orders: Omit if the Property is rwt in the City of New York: InstaJJment Assessment: Apportionments: Water Meter ReadingJ:: AJJowance jor Unpaid TaxeJ:, eu.: Use of PurchaJ:e Price to Pay EncumbranceJ:: Alfuiavit as to Judgments. Bankruptcies: . ,. , , , 6. "CLOSING" means the settlement of the obligations of SELLER and PURCHASER to each other under this contract, including the payment of the purchase price to SELLER, and the delivery to PURCHASER of a Bargain and Sale deed in proper statutory form for recording so as to transfer full ownership (fee simple title) to the PREMISES, free of all encumbrances except as herein stated. The deed will contain a covenant by SELLER as required by Section 13 of the Lien Law. If SELLER is a corporation, it will deliver to PURCHASER at the time of CLOSING (a) a resolution of its Board of Directors authorizing the sale and delivery of the deed, and (b) a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the transfer is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to eSlablish cOInpliance with that section. 7. The deed shall be delivered upon the receipt of said payment at the office of Robert W. Tasker, Town Attorney, 425 Main Street, Greenport, New York, at '10:00 A. M. thirty (30) days after the effective date of the Town Board Resolution , authorizing this sale or such time as is mutually agreed to by the parties hereto. 8. PURCHASER hereby states that PURCHASER has not dealt with any broker in connection with this sale other than and SELLER agrees to pay the broker the commission earned thereby (pursuant to separate agreement). 9. This sale includes all of SELLER's ownership and rights, if any, in any land lying in the bed of any street or highway, opened or proposed, in front of or adjoining the PREMISES to the center line thereof. It also includes any right of SELLER to any unpaid award by reason of any taking by condemnation and/or for any damage to the PREMISES by reason of change of grade of any street or highway. SELLER will deliver at no additional cost to PURCHASER, at CLOSING, or thereafter, on demand, any documents which PURCHASER may require to collect the award and damages. ' I CLOSIN G signed by the holder of each EXISTIN G MORTGAGE, in form for recordin c unpaid principal and interest, date of maturity, and rate of interest. SELLER shall pay the fees for recording such ce . e older of a mortgage is a bank or other institution as defined in Section 274-a, Re w, it may, instead of/he certificate, furnish an unqualified leuerdated not more tha ays before CLOSING containing the same information. SELLER hereby states that any G. e e amount of/he II. a. SELLER will cOIuply with all notes or notices of violations of law or municipal ordinances, orders or requirements noted in or issued by any governmental department having authority as to lands, housing, buildings, fire, health and labor conditions affecting the PREMISES at the date hereof. The PREMISES shall be transferred free of them at CLOSING and this provision shall survive CLOSING. SELLER shall furnish PURCHASER with any authorizations necessary to make the searches that could disclose these matters. York prior to CLOSING and a able' s y R at CLOSING. This provision shall 12. If at the time of CLOSING the PREMISES are affected by an assessmem which is or may become payable in annual installments, and the first installment is then a lien, or has been paid, then for the purposes of this contract all the unpaid installmems shall be considered due and are to be paid by SELLER at CLOSING. 13. The following are to be apportioned as of midnight of the day before the day of CLOSING: (a) ReIn!! ilS aHa ,.heR fsllenea. (B) hlten:!lt 8ft EXIETU1C ~tORTC!.CE(E). (e) PY[l..itt..i1J <i..l.~:.!.l:.'b b.~.Jh..u..Lle in-suranLL pul~(~C:1 a.wl H_IU_H..d.~.....f Lln....,.... ...^Y~,~u5 p.;""'1 ....... CLOSIUG. (d) Taxes, water charges and sewer rents, on the basis of the fiscal period for which assessed. (e) Fuel, if any. (I) ..",,,It fharg~. If CLOSING shall occur before a new tax rate is fixed. the apportionment of taxes shall be upon the basis of the old tax rate for the preceding period applied to the latest assessed valuation. Any errors or omissions in computing apportionments at CLOSING shall be corrected. This provision shaH survive CLOSING. 14. lfthere be a water meter on the PREMISES, SELLER shall furnish a reading to a date not more than thirty days before CLOSING date and the unfixed meter charge and sewer rem, if any, shall be apportioned on the basis of such last reading. 15. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the atIlount of any unpaid taxes, assessmelHS, water charges and sewer rems, (()gether with any inu'rest and penahies (hereon to a dale not less thall five business days after CLOSING, provided that official bills therefor computed 1O said date are produced at CLOSING. 16. If there is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSIN G, SELLER may use any portion of the balance of the purchase price to discharge it. As an alternative, SELLER may deposit money with the title insurance company employed by PURCHASER required by it to assure its discharge, but only if the title insurance company will insure PURCHASER'S title clear of the matter or insure against its enforcement Out of lhe PREMISES. Upon request made within a reasonable time before CLOSING, PURCHASER agrees to provide separate certified checks as requested to assist in clearing up these matters. 17. I.f a ~itle examination discloses judgments, bankruptcies orother returns against persons having names the same as or stmllar to that of SELLER, SELLER shall deliver a satisfaclory detailed affidavit at CLOSING showing that they are not agamst SELLER. /)f!f!d nan.if" and Recording Taxes: Purchaser's lien: Seller's Inability to convey and I imitation of liahili(y: Cmubtion (I! Pmp,'rly: F.ntir(' A~eemrnl: ChangeJ Must Be In Writing: Singular also Means Plural: TITLE NO. 18. At CLOSING, SELLER shall deliver a certified check payable to the order of the appropriate State, City or County officer in the amount of any applicable transfer andlor recording tax payable by reason of the delivery or recording of the deed, together with any required tax return. PURCHASER agrees to duly complete the tax return and to cause the check(s) and the tax return to be delivered to the appropriate officer promptly after CLOSING. 19. All money paid on account of this contract, and the reasonable expenses of examination of the title to the PREMISES and of any survey and survey inspection charges are hereby made liens on the PREMISES and collectable out of the PREMISES. Such liens shall not continue after default in performance of the contract by PURCHASER. 20. If SELLER is unable to transfer title to PURCHASER in accordance with this contract, SELLER'S sole liability shall be to refund all money paid on account of this contract, plus all charges made for: (i) examining the title, (ii) any appropriate additional searches made in accordance with this contract, and (iii) sUlVey and survey inspection charges. Upon such refund and payment this contract shall be considered cancelled, and neither SELLER nor PURCHASER shall have any furt her riKhts against the other. 21. PURCHASER has inspeered the buildin!';s on the PRF.MISES and the personal property included in this sale alld is lhoroughly <H:quaillleu with theirconuition. PURCHASER agrees to purchase thcllI "as is" and ill their present ('C)Julili()J) 'llllj(.(ll() reaS(lllahk use, wear, lear, and natural delerioration between now and CLOSING.PURCHASER shall have the fl!';ht, after reasonable notice to SELLER, to inspect them before CLOSING. 22. All prior underslandings and aweements between SELLER and PURCHASER are merged in this contract. It compl<-lely expresses their full agreement. It has heen entered into after full investigation, neither party relying upon any statellH'Tlls made hy anyone else that are not set forth in this contract. 23. This contract may not be changed or cancelled except in writing. The contract shall also apply to and bind the distributees, heirs, executors, administrators, successors and assigns of the respective parties. Each of the parties hereby authorize their attorneys to agree in writing to any changes in dates and time periods provided for in this contract. 24. Any sin~lar word or term herein shall also be read as in the plural whenever the sense of this contract may require it. In Pre~ce",Qf:./ ___ ",---' ~a;(.J'../'<:7 ,/ dJJ:/dh ~_' . .P:? .Rdt iff William R. Pell, III Supervisor, Town of Southold CUTCHOGUE FREE LIBRARY By /__* / L___ L/(,J; Susan Rosenstreich, President Closing of title under the within contract is hereby adjourned to at o'clock, at as of 19 Dated, 19 For value received, the within contract and all the right, title and interest of the purchaser thereunder are hereby assigned, transferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated, 19 19 ; title to be dosed and all adjustments to be made Purchaser A ssignee of Purchaser PREMISES Section Block Lot. County or T9wn Street Numbered Address Recorded At Request of . , , To: U-"lIFE TITLE INSURANCE Company of New York RETURN BY MAIL TO: Standard Form of New York Board of Title Underwriters Distributed by U-"lIFE TITLE INSURANCE Company of New York ___~~.l Zip No. .' .. ~ - , , '..' .~ ...: '-.,.,-.. BID TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, FOR THE PURCHASE OF LAND AND BUILDINGS The undersigned declares that he has carefully examined and fully understands the attached "Notice to Bidders", "Specifications", and this form of bid, and that he hereby proposes to purchase the land and buildings owned by the Town of Southold and located at Main Road (New York Route 25) at Cutchogue, New York, and more fully described in the form of contract annexed to the aforesaid Specifications in accordance with the price named in this bid and in accordance with the Specifications and Notice to Bidders for the sum of Fifty five thousand eight hundred sixty four doll ($ 55,864.00 ) Dollars. The undersigned hereby agrees to enter into a contract, in the form annexed to the Specifications within five (5) days from the date of written notice of acceptance of this bid. In the default of the performance of any of these conditions on my part to be performed, the certified check in the amount of $500. 00 which is herewith deposited with the Town Board shall be paid to the Town of Southold for the benefit of said Town as liquidated damages for such default; other- wise, the certified check deposited herewith will be returned to the under- signed. By submission of this bid or proposal, the bidder certifies that: (a) This bid or proposal has been independently arrived at without collusion with any other bidder or with any competitor or potential competitor; (b) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids or proposals for this project, to any other bidder, competitor or potential competitor; (c) No 'f',.. '.' ". attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a bid or proposal; (d) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certifi- cation, and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder as. well as to the person signing in its behalf; (e) That attached hereto (if a corporate bidder) is a certified , copy of resolution authorizing the execution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder. Dated: July 10,1981 L...:./ ~-,.,;J~U"A Signature of Bidder Susan Rosenstreich, President Cutchogue Free Library Main Road, Cutchogue, N.Y. 11935 Business Address of Bidder . -2- .,. .' .."" " CERTIFIED COPY OF RESOLUTION AUTHORIZING THE EXECUTION OF NON-COLLUSIVE BIDDING CERTIFICA- TION IN BEHALF OF CORPORATE BIDDER RESOL VED THAT Outchogue Free Library (Name of Corporation) be authorized to sign and submit the bid or proposal of this corporation for the following project: Purchase of lal).d and buildings from the Town of Southold, Suffolk County, New York,' and to include in such bid or proposal the certificate as to non-collusion required by Section 103-d of the General Municipal Law as the act and deed of such corporation, and for any inaccu- racies or misstatements in such certificate this corporate bidder shall be liable under the penalties of perjury. The foregoing copy is a true and correct copy of the resolution adopted by Outcholrue Free Library corporation at a meeting of its Board of Directors held on the 6th day of July 1981. L_ .)/ L~_E"t/'1 /President Treasurer (Seal of the Corporation) NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that sealed bids are sought and requested by the Town Board of the Town of Southold, Suffolk County, New York, for the sale of land and buildings of the Town (former Justice Court property at Cutchogue, New York) The sealed bids will be received by said Town Board at the Town Clerk's Office, Southold Town Hall, Main Road, Southold, New York, until 3 :Oop. M. (E.S.T.)on July 10, 1981, at which time and place they will be publicly opened and read aloud. Specifications containing the terms of sale can be examined and obtained at the Southold Town Clerk's Office, Main Road, Southold, New York. Bids must be upon and in accordance with the form of bid prepared by the Town Attorney, which bids shall be made and will be received upon the following conditions: Each bid must be accompanied by the deposit of a certified check made payable to the order of the Town of Southold in the amount of Five Hundred ($500.00) Dollars, conditioned that if the bid is accepted, the successful bidder will enter into a contract within five (5) days from the date of written notice of the acceptance of the bid. All deposits except that of the successful bidder will be returned. Upon the acceptance of his bid, if the successful bidder fails to enter into a contract pursuant to the requirements of the Town, then the check deposited with the bid and the moneys standing to the credit of the same, shall be forfeited to the Town of Southold as liquidated damages. The Town Board of the Town of Southold reserves the right to reject any and all bids and to wai ve any and all informality in any proposal should \ r it be deemed in the best interest of the' Town of Southold. All bids must be signed and enclosed in a sealed envelope plainly marked "Bid for Real Property" and addressed to the Town Board, Town of Southold, Southold, New York. Dated: June 9, 1981 TOWN BOARD, TOWN OF SOUTHOL BY JUDITH T. TERRY TOWN CLERK PLEASE PUBLISH ONCE, JUNE 25, 1981, AND FORWARD ONE AFFIDAVIT OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following on June 23, 1981: The Suffolk Times L.I. Traveler-Watchman Town Board Members Highway Superintendent Dean Town Clerk Bulletin Board -2- SPECIFICATIONS FOR THE SALE OF LAND AND BUILDINGS BY THE TOWN OF SOUTHOLD GENERAL INFORMATION 1. By these specifications, the Town Board of the Town of Southold (Town) requests bids for the sale of a parcel of land owned by the Town, located on the north side of Main Road (New York Route 25) at Cutchogue. Town of Southold, Suffolk County, New York, together with the buildings and improvements erected thereon. The parcel has an area of approximately 5,000 square feet, is shown on the Suffolk County Tax Map as District 1000, Block 102, Section 05, Lot 22, and is more fully described in the form of contract hereunto annexed and made a part hereof. The property is zoned "B-1 General Business" under the Southold Town Zoning Code. 2. The sale shall be subject to a permissive referendum pursuant to the applicable provisions of the Town Law. TERMS OF SALE 1. The minimum bid shall be in an amount of not less than Fifty Thousand ($50,000.00) Dollars. Any bid submitted in an amount of less than $50,000.00 shall be deemed not to comply with the bidding requirements and shall be rejected. 2. The bidder whose bid is accepted by the Town Board shall be deemed the purchaser (subject to the taking effect of a resolution adopted by the Town Board, subje ct to a permissi ve referendum). In the event that the bidder whose bid is accepted by the Town Board shall fail to comply with the terms and conditions of these Specifications and the annexed contract, at the option of the Town Board, the property may be re -offered upon the same terms and conditions and such bidder will be held liable for any deficiency there may be between the sum for which the property may be sold upon the re-sale, or \ the Town Board may, at its option, retain the bid deposit as liquidated damages. 3. The bidder whose bid is accepted by the Town Board shall be required, within five days after written notice of such acceptance, to execute a contract of sale in the form annexed hereto at which time such bidder shall pay to the Town, by check subject to collection, a sum which together with the bid deposit shall equal ten percent (10%) of the bid price. 4. The Town Board reserves the right to reject any and all bids if it, in the exercise of its discretion, deems it in the interest of the Town to do so. The Town Board shall accept or reject bids within twenty (20) days after bids are opened. In the event that the Board rejects all bids, the bid deposits will be returned to the bidders within ten (10) days thereafter. The bid deposits of unsuccessful bidders will be returned within ten (10) days after the successful bidder has executed the contract of sale. 5. Interested bidders may inspect the premises during business hours by appointment arranged through the Town Clerk. Neither the Town, nor any of its officers, agents or employees have made and do not make any representations as to the physical condition of the premises, it bE/ing under- stood that the premises is being sold "AS IS". 6. All bids shall be upon the bid form prepared by the Town, shall be enclosed in a sealed envelope addressed to Judith T. Terry, Town Clerk, Southold Town Hall, Main Road, Southold, New York 11971, and shall have marked on the envelope "Bid for Real Property". 7. Each bid shall be accompanied by a bank or certified check made payable to the Town of Southold in the amount of $500.00. 8. All Bidders are advised that, pursuant to the provisions of the -2- .' "l , Town Law, a conveyance by the Town of Southold of real property owned by it, may only be made by the Town Board by the adoption of a resolution authorizing such conveyance, which resolution is subject to a permissive referendum. Accordingly, the acceptance of any bid by the Town Board shall be conditioned upon the adoption and taking effect of a resolution of the Town Board, subject to a permissive referendum. -3- . JUSTICE COURT PROPERTY MAIN ROAD. CUTCnOGUE I TOWN OF SOUTHOLD, Seller To CUTCHOGUE FI\EE LIBRARY, Purchaser CONTRACT OF SALE 7/S'()/n ROBERT W. TASKER ATTORNEY AT LAW 425 MAIN STRE:E:T GREENPORT, NEW YORK 11944 516-477-1400 ~ ~ ~ \..N '- \ t- ~ "" ~ l>I '" ~ \) ........ t ? r , , TJ' > . , t ~