City Property Auction Nov 10

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    Resolution of the City of Jersey City, N.J.Res. 10-70ll .

    10.FCit Clerk File N?

    Agenda No.Approved:TITLE:

    OCT 1 3 2010

    RESOLUTION AUTHORIZING THE SALE OF CITY PRO PERTNOT NEEDED FOR PUBLIC USE.

    COUNCILfollowing resolution: offered and moved adoption of the

    WHEREAS, the City of Jersey City (hereinafter referred to as the "City") is theOwner of the following properties; and .WHEREAS, said properties are notneeded for public use; and

    WHEREAS, the City is authorizing to sell any such properties by public sale tothe highest bidder pursuant to N.J.S.A. 40A:12-13 et seq; and.WHEREAS, it is in the best interestofthe.City that a public auction be held forsuch properties;NOW THEREFORE BE IT RESOLVED, by the Municipal Council of the Cityof Jersey City that:1. The properties listed below are hereby offered for public sale to the

    highest bidder at no less than the minimum price set forth herein, subjectto the conditions hereinafter as set forth and subject to the terms andconditions of a contract of sale to be executed by the paries, at theAssembly Chamber, City Hall, 280 Grove Street, Jersey City, NewJersey on Thursday, November 4, 2010 at 10:00 A.M. in the forenoon.

    2. The sale shall be conducted by the Department of Administration, RealEstate Office of the City of Jersey City or by persons designated by theBusiness Administrator.

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    Continuation of ResolutionCity Clerk File No. Res. 10-704Agenda No. 10. F OCT i 3 2010Pg.# 2

    TITLE: RESOLUTION AUTHORIZING THE SALE OF CITY-OWNEDPROPERTY NOT NEEDED FOR PUBLIC USE5. In the event that the State of New Jersey or any upland owner shall haveany rights or claims on the land being sold herein by reason of a riparianinterest or otherwise, such claims are to be paid for and borne by thepurchaser, in additioii to the sale price which is bid for said property.6. All prospective purchasers are put on notice to consult the Water andSewerage Deparment for existing facilities.7. The purchase price for such properties shall be paid by any of the

    following methods:(a) By payment to the City of Jersey City in cash, money order, bancheck or certified check the full purchase price immediately afterthe conclusion of the bidding for a specific property.

    (b) By payment to the City of Jersey City immediately after theconclusion of the bidding for a specific property ten (10%) percentofthe minimum bid price by cash, money order, ban check orcertified check and ten (10%) of the difference between thepurchase price and the minimum price withn ten (10) days of thesale. date by certified check or money order.

    (c) If the purchaser fails to pay the additional deposit required withinten (10) days from the sale date, the initial deposit will beautomatically forfeited.(d) The balance of the purchase price is to be paid by certified check;

    money order or ban check within two (2) months of the date ofConfirmation of Sale.(e) If the purchaser fails to pay the balance of the purchase pricewithin two (2) month time limit, the sale to the purchaser is

    automatically canceled and the. deposit shall be forfeited.8. Purchaser may at its option arange for a report on title before closing.Within thirty (30) days after the confirmation of sale by the governng

    body, purchaser shall notify the city in wrting of any defects of titlewhich may render title unarketable. Marketable title is defined herein to

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    Continuation of ResolutionCity Clerk File No. Res. 10-704Agenda No. 1O.F OCT 1 32010

    Pg.# 3

    TITLE:RESOLUTION AUTHORIZING THE SALE OF CITY-OWNEDPROPERTY NOT NEEDED FOR PUBLIC USE.

    10. Upon the date of delivery of deed to the purchaser, risk ofloss or damagesto the property by fire, storm, burglar, vandalism or other casualty shallbe assumed by the pUrchaser, who shall be completely responsibletherefore without any claim against the City. The purchaser shall not bereleased, by reason of any such loss or damage to the propert from anyobligation hereunder and shall at his/her own expense properly repair andrestore same, without limiting the obligations of the purchaser hereunder,the proceeds of any insurance coverage provided by the purchaser, shall bemade available to the prchaser for such repair or restoration. Further,from the date of contract of the sale the purchaser shall release the Cityfrom and shall covenant and agree that the City shall not be liable for andshall indemnify and hold the City harless against any loss or damage toproperty or njury to or death defect in the property to be conveyed or,arising from any neglect of the City or ny construction or rehabilitationperformed on the propert prior to the date of delivery of deed.

    11. If purchaser fails to pay the purchase price when due or within a time asextended or fails to comply with any term of this contract, the Division ofReal Estate may at its option rescind the contract or sue purchaser for anydamages accruing or both. The City's failure to exercise any right orpower arising out ofpurchaser's breach of this contract, shall not bedeemed a Waiver.

    12. The highest bid shall be made subject to acceptace or rejection by thegoverning body; but the acceptance or rejection therefore shall be madenot later than the second regular meeting of the governing body following

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    Continuation of ResolutionCity Clerk File No.Agenda No.

    Pg.# 4Res. 10-70410. F OCT 1 3 2010

    TITLE:

    RESOLUTION AUTHORIZING THE SALE OF CITY-OWNEDPROPERTY NOT NEEDED FOR PUBLIC USE.

    16. The purchaser shall not assign or transfer the Contrct of Sale, or anyinterest therein without the prior approval of the Municipal Council of theCity of Jersey City, and such approval to assign to transfer shall bedeemed to be an approval of a subsequent assignment or transfer. Anyassignment or transfer without the approval shall be void and shall.constitute a default and breach. No assignment of the Contract of Sale orany interest therein shall be made to any person prohibited frompurchasing property from the City pursuant to paragraph 19 of thisResolution and Chapter 9 of the Jersey City Code. In the event of approvalof an assignment of a Contract of Sale, the assignee of said contract shallcomply with all the conditions of sale required under the terms andconditions of the sale.

    17. The City or its duly authorized agents and inspectors shall have the right atall reasonabie times to enter upon the property and to examine and inspectthe property to determine compliance with the Resolution and the Contractof Sale, or to enforce any remedies in the event of default,

    18. The City shall execute a Contrct of Sale with any successful bidder uponterms and conditions consistent herewith and upon any additional termsand conditions which are necessary to effectuate th purposes herein andto secure the best interests of the City of Jersey City and its citizens,provided that any additional terms and conditions shall not be inconsistent.with the terms and conditions of this resolution.

    19. Additional Conditions of Sale.(a) No sale shall be made to any person nor shall said person bepermitted to bid who, prior to sch sale, has purchased the propert

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    Continuation of ResolutionCity Clerk File No. Res. 10-704Agenda No. 10.F OCT 1 32010

    Pg.# 5

    TITLE:

    RESOLUTION AUTHORIZING THE SALE OF CITY-OWNEDPROPERTY NOT NEEDED FOR PUBLIC USE.

    (e) PLEASE TAKE NOTICE all bidders, whether they be the actualprospective purchasers or agents of or representatives ofthe actualprospective purchasers, shall submit an affidavit, under oath,setting forth the following:(i) That the actual purchaser is not a person who haspreviously breached a contract for the purchase of propertyfrom the City.(ii) That the actual prospective purchaser is not the formerowner from whom the City acquired the propert to be soldor any other propert by reason of the non-payment oftaxes or other municipal charges.(iii). That the actual prospective purchaser is not the owner of

    any other propert in the City who is delinquent in thepayment of taxes or other municipal charges on said otherpropert, .(iv) That the actual prospective purchaser is not the owner of .any other properties inthe City for which there areViolations of the Propert Maintenance Code and/or theUniform Construction Code, which violations have notbeen corrected at the time of the sale.

    (v) Such affidavit shall contain the address and block and lotnumbers of all the properties the prospective purchaserowns in the City.(f) Such affdavit shall be submitted to the officer conducting the saleprior to the commencement. of the public auction of the paricularparcel in which the prospective bidder is interested. Failure to

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    Continuation of ResolutionCity Clerk File No. Res. 10-704Agenda No. 10. F OCT 1 3 2010Pg.# 6

    TITLE:RESOLUTION AUTHORIZING THE SALE OF CITY-OWNEDPROPERTY NOT NEEDED FOR PUBLIC USE.

    20. The City of Jersey City conveys this property to buyer so long as buyerrehabilitates the property in compliance with the Uniform ConstructionCode and the Property Maintenance Code. The buyer shall demonstratecompliance with the Uniform Constrction Code and the PropertyMaintenance Code 1;y obtaning a Certificate of Occupancy from theConstrction OffciaL. The Construction Offcial may issue a temporaryCertificate of Occupancy for portions of the building provided suchportions are in substatial compliance with code standards. Securing atemporary Certificate of Occupancy shall not however, constitutecompliance with the conditions of sale. Upon receiving a deed, listed

    below is the period of time in which a purchaser shall have to repair, alter andimprove the property.1 Unit Building- 360 Days ( 12 Months)2-5 Unit Building - 450 Days ( 15 Months)6 or More lJnits or Special Purpose Building-: 540 Days ( 18 Months)

    The City Council wil iiot under any circumstaces grant an extension ofthe rehabilitation period listed above.21. PLEASE TAKE NOTICE the buyer shall not sell, conveyor otherwisetransfer the above described property until the buyer has rehabilitated theproperty in compliance with the other conditions of sale contained in theresolution. Ifthe buyer (1) fails to make the required repairs withn thetime allotted in Paragraph 20, (2) sells or attempts to sell the property.

    .before making the required repairs, or (3) refues access to City Offcialsseekig to inspect the property, title to the propert shall automaticallyrevert to and become vested in the City of Jersey City. The City Councilshall upon the buyer's completion of all the terms and condItions of saleadopt a resolution stating such fact and shall remove from the deed the

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    VACANT LAND

    THE FOLLOWING PROPERTIES ARE OFFERED FOR SALE UPON THE CONDITION THAT THE PURCHASER SHALL CLEAN AND GRADETHE LOT, REPAIR THE SIDEWALK IF NECESSARY, ERECT A FENCE AROUND THAT PART OF THE PERIMETER OF THE LOT WHICHFRONTS ANY PUBLIC STREET WITH A MINIMUM HEIGHT OF SIX (6) FEET, EXCEPT WHEN ACQUIRED BY AN ADJACENT PROPERTYOWNER IN WHICH CASE, THE HEIGHT SHALL BE THE SAME AS THE FENCING ON THEIR PROPERTY, BUT IN NO CASE LESS THANTHREE (3) FEET IN HEIGHT. (THESE PROPERTIES RE NOT SUBJECT TO PARAGRAPH 21 IN TRIS RESOLUTION). '

    .BLOCK LOT(S) LOCATION DESCRIPTION SIZE MINIMUM BID961 1 ***TONNELE AVENUE VACANT LAND 3.25 ACRES. $ 350,000.001305 3.A 262 M.L.K. DRIVE VACANT LAND . 30 X 112 AV. $ 12,000.001309 E.8 250 M.L.K. DRIVE VACANT LAND 33.22 X 100 A V. $ 14,000.00

    .,

    1318 B.3 184 M.L.K. DRIVE VACANT LAND 75.85 X 36 A V. $ 8,500.00.1335 33 128 WOODLAWN AVENUE VACANT LAND 25 X 125 $ 12,000.00. .1335 35.A 124 WOODLAWN AVENUE. VACANT LAND 16.98 X 125 $ 7,500.00

    1336 24.A, 126 M.L.K. DRIVE VACANT LAND 100 X50 IRR.25 124 M.L.K. DRIVE VACANT LAND 25 X 100 $ 13,500.001350 3.A 5S~59 M.L.K. DRIVE ' VACANT LAND 69.9 X 93 X56 $ 25,000.001469.B 45 E. VIEW COURT VACANT LAND 192.45 X 69.56 $ 5,500.00

    (INSIDE LOT -LANDLOCKED) . .. 1469.C 12 25 E. BIDWELL AVENUE VACANT LAND '54.47 X 100 IRR. $ 5,000.00

    . .***THIS PROPERTY is IN A MEADOWLANDS DISTRICT. FOR ZONIN~- USE CONTACT THEDIVISION OF LAND USE MEADOWLANDS COMMISSION.

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