Document Text
--- Document: Sale of Property 8/25/2021 Document ---
PUBLIC NOTICE
NOTICE OF PUBLIC SALE BY AUCTION OF REAL ESTATE BY THE
BOROUGH OF ELMER, COUNTY OF SALEM,
STATE OF NEW JERSEY
BLOCK 15, LOT 5 (106 FRONT STREET)
PLEASE TAKE NOTICE that pursuant to N.J.S.A. 40A:12-13, Ordinance No. 2018-11,
and Resolution No. 59-21, the Elmer Borough Council has authorized via public auction the sale
of Borough owned real property. A public auction for the property identified below that was
originally scheduled for Wednesday, August 11, 2021 at 11:00 a.m., will be conducted on
Wednesday, August 25, 2021, at 11:00 a.m. via sealed bid. The public auction will be conducted
at the Borough Hall, Borough of Elmer, 120 South Main Street, Elmer, New Jersey 08318.
The property to be sold is described as follows:
Block
Lot
Property Location
Lot Size
Bid Minimum
15
5
106 Front Street
.595 AC (approx.)
$10,000.00
The sale of the property is being made subject to the terms, conditions, restrictions and
limitations of a Contract for Sale between the successful bidder and the Borough and the
following terms and conditions:
1.
The descriptions of the property are intended as a general guide only and may not be
accurate. No representations of any kind are made by the Borough of Elmer as to the
condition of the property; the premises are being sold strictly in their present condition “AS
IS”.
2.
The sale is made subject to all applicable laws, statutes, regulations and ordinances of the
United States, State of New Jersey, County of Salem and the Borough of Elmer.
3.
No employee, agent or officer of the Borough of Elmer has any authority to waive, modify or
amend any conditions of the sale.
4.
Bids for any and all of the property must be made for a sum equal or greater to the minimum
bid price of $10,000.00.
5.
The property will be conveyed by a Quitclaim Deed and such conveyance shall be subject to
all covenants, restrictions, reservations and easements established of record or by
prescription and without representation as to character of title of the property to be conveyed.
6.
All sales are subject to the Local Lands and Buildings Law, N.J.S.A. 40A:12-1 et seq. and all
rights reserved by the Borough by such law.
7.
Bidder shall deposit cash, check or money order in the amount of not less than 10% of the
high bid price at the time of sale. In the event the successful bidder fails to deposit 10% of
the bid price at the time of the sale, the Borough will re-auction the property at the same
public sale. If the successful bidder fails to pay the deposit, the bidder shall be responsible
for any difference between their bid and the final sale bid in the event such bid is lower than
the bid of the original bidder.
8.
The winning bidder shall abide by all zoning, subdivision, health and building regulations and
codes and acknowledges that this sale will not be used as grounds to support any variance
from or relaxation of the Borough’s Zone Code.
9.
The winning bidder acknowledges that failure to close title as agreed shall be cause to forfeit
all funds deposited with the Borough.
10. The winning bidder acknowledges that the purchase price shall not be used before any
County Board of Taxation, Tax Court of New Jersey, or in any court of this State as grounds
to support a challenge of the existing assessments with regard to other property.
11. The Borough reserves the right to withdraw the offer of sale of each property.
12. All sales are subject to final approval by the Borough Council.
13. The Borough does not warrant or certify title to the property and in no event shall the Borough
of Elmer be liable for any damages to the purchaser-successful bidder if title is found
unmarketable for any reason and the purchaser-successful bidder waives any and all right in
damages or by way of liens against the Borough. The sole remedy being the right to receive
a refund prior to closing of the deposit paid in the event title is found unmarketable. It shall
be the obligation of the successful purchaser to examine title to the premises prior to the
closing. In the event of closing and a later determination is made that title is defective, the
Borough shall not be responsible for the same and shall not be required to refund money or
correct any defect in title or be held liable for damages.
14. Acceptance of the offer of the highest bid shall constitute a binding agreement of sale, and
the purchaser shall be deemed to agree to comply with the terms and conditions of the sale
herein contained.
15. 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 cable, water, electric, sewer or solid waste
disposal.
16. 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.
17. This sale is made subject to such state of facts as an accurate survey may disclose, existing
tenancies, rights of persons in possession, easements, conditions, covenants and
restrictions and any other encumbrances of title which the Borough Council may impose on
any parcel at the time of the sale, including but not limited to restrictions on the use to be
made of such real property, capital improvements or personal property and any conditions of
sale as buildings or structures, or as to the type, size or other specializations of buildings or
structures, and the time within such conditions shall be operative, or any other conditions of
sale in like manner to the same extent as by any other purchaser.
18. In addition to the terms and conditions set forth herein, successful bidders agree that the
Borough shall impose the following conditions:
a.
To deposit cash, cashier’s check or money order in an amount not less than 10% of the
high bid price at the time that the bid is submitted.
b.
To pay on or before the date of closing the following:
i.
The balance of the purchase price.
ii.
The cost of preparation of all legal documents and advertising costs relating to each
property.
iii.
The prorated real estate taxes, for the balance of the current quarter as of the date
of closing.
iv.
The realty transfer fees.
v.
All recording fees.
19. All sealed bids shall be submitted to the Clerk’s Office of the Borough of Elmer, Borough Hall,
120 South Main Street, Elmer, New Jersey 08318 (856-358-4010 Ext. 110). If you drop off
a sealed bid, you must call and schedule an appointment with the Clerk as the Borough Hall
may not be open to the public. The sealed bid shall provide the block, lot, common address
and bid amount, along with the ten percent (10%) deposit via cash, check or money order
payable to the “Borough of Elmer”. The sealed bid shall be enclosed in a sealed envelope
bearing the name and address of the bidder and clearly marked on the outside of the
envelope: “Bid for Block 15, Lot 5 (106 Front Street)”. The sealed bids shall be received by
the Borough of Elmer Clerk up to and no later than Wednesday, August 25, 2021, at 11:00
a.m. prevailing time. The bids will thereafter be opened and read on Wednesday, August 25,
2021, at 11:00 a.m. Late bids will not be accepted.
Sarah D. Walker, RMC
Borough of Elmer - Borough Hall
120 South Main Street
Elmer, New Jersey 08318
(856) 358-4010 Ext. 110