ADVERTISEMENT FOR SEALED BIDS SALE OF COUNTY PROPERTY

ADVERTISEMENT FOR SEALED BIDS SALE OF COUNTY PROPERTY The Board of Commissioners of Duplin County has authorized the sale by sealed bid the following ...
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ADVERTISEMENT FOR SEALED BIDS SALE OF COUNTY PROPERTY The Board of Commissioners of Duplin County has authorized the sale by sealed bid the following parcel of real property: Property located beside 2601 W. NC 403 Highway, Faison, NC 28341 Parcel Identification No. 02-E098 As described in Book 1315, Page 729, of the Duplin County Registry, incorporated herein for further reference. The County shall convey the property by a quit claim deed. The County will accept sealed bids for the property until 3:00 p.m., Tuesday, July 28, 2015. Bidding instructions and the Offer to Purchase form shall be available from the Duplin County Legal Department and on the Duplin County website. All bids must be made on the Offer to Purchase form provided by the County and placed in an envelope with the words “Sealed Bid” and the County Tract and Parcel Identification Number written on the envelope. Bids shall be delivered to the Duplin County Legal Department in care of Wendy L. Sivori, County Attorney, 114 E. Hill Street, Kenansville, N.C. 28349. At 3:00 P.M., Tuesday, July 28, 2015, all bids received shall be opened in public and the amount of each bid recorded. The record of bids shall be reported to the Board of Commissioners at their regular meeting on August 03, 2015. The Board of Commissioners will determine the highest responsible bidder for the property and will award the bid by its regular meeting on August 03, 2015. Bids will remain open and subject to acceptance until the Board of Commissioners awards the bids.

COUNTY OF DUPLIN SALE OF COUNTY-OWNED REAL PROPERTY BIDDING INSTRUCTIONS Important Property Information: The County of Duplin makes no representations as to unforeseen circumstances on the property or exact property boundaries. Properties are sold “as is, where is”. It is up to the bidder to verify the property with regard to size, zoning, development potential, structural and mechanical issues, etc., to the extent the bidder is satisfied and understands what is being required. County Tract for Sale: Property located beside 2601 W. NC 403 Highway, Faison, NC 28341; Parcel Identification No. 02-E098 The County will accept sealed bids for the property until 3:00 P.M., Tuesday, July 28, 2015. Submitting a Bid for Purchase: 1.

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A bid for county-owned property must be submitted in writing on a County of Duplin Offer to Purchase and Contract form and must include a five percent (5%) bid deposit. Please read the form, which includes standard provisions and restrictions. All bids must be made on the County of Duplin Offer to Purchase and Contract form provided by the County and placed in an envelope, along with the bid deposit, with the words “Sealed Bid” and the County Tract and Parcel Identification Number written on the envelope. Bids shall be delivered to the Duplin County Legal Department in care of Wendy L. Sivori, County Attorney, 114 E. Hill Street, Kenansville, N.C. 28349. The written offer should be submitted with a five percent (5%) bid deposit in the form of cash, a cashier’s check, a certified check or money order payable to the County of Duplin. Offers without deposits will not be considered. Submit the offer form and the bid deposit to the Duplin County Legal Department located at 114 E. Hill Street, Kenansville, N.C. 28349. The County of Duplin shall convey the property with a Quitclaim Deed. Read of offer form for sales conditions. Inquiries about the property and the sale may be made to Wendy L. Sivori, County Attorney, at 114 E. Hill Street, Kenansville, N.C. 28349 or at (910) 3729330.

EXHIBIT A COUNTY OF DUPLIN OFFER TO PURCHASE AND CONTRACT STANDARD PROVISIONS AND RESTRICTIONS 1. DEPOSIT WITH OFFER: This offer, and the deposit sum paid by Buyer, is expressly conditioned upon the provisions for Sealed Bid pursuant to North Carolina General Statute §160A-268. In the event this offer is not accepted as a result of the Seller’s rejection of any or all offers, the failure to satisfy any of the conditions hereof, or in the event of any breach of this Contract by the Seller, then the deposit shall be returned to Buyer. In the event this offer is accepted and the Buyer fails to close or otherwise breaches this contract, then the deposit shall be forfeited, but such forfeiture shall not affect any other remedies available to the Seller for such breach. 2. PRORATIONS AND ADJUSTMENTS: Unless otherwise provided, the following items shall be prorated and either adjusted between the parties or paid at closing: (a) Ad valorem taxes on real property due for the next fiscal year period shall be paid by Buyer when closing is held between January 1 and June 30th (Reference N.C.G.S. 105-285(d); (b) Ad valorem taxes on personal property, if any, for the entire year shall be paid by the seller; and (c) Rents, if any, for the Property shall be prorated to the date of closing. 3. FIRE AND OTHER CASUALTY: The risk of loss or damage by fire or other casualty prior to closing shall be upon the Seller. 4. SOILS AND ENVIRONMENTAL CONDITIONS: Buyer and Seller Acknowledge that the property is to be sold in “as is” condition; that no assurances or warranties are given by Seller as to the condition of the site, including any adverse conditions discoverable by soils studies or other subsurface investigations of the property. Seller and Buyer expressly agree that no environmental studies or investigations have been performed by the Seller incidental to the sale of the property; and that any such studies or investigations to be performed by the Buyer are the sole responsibility of the Buyer; and that the Buyer expressly releases and discharges the Seller from any and all responsibility and liability resulting from surface, soils, ground water or other contamination or adverse environmental condition of the site, whatsoever. 5.

CONDITIONS: (a) The Property must be in substantially the same condition at closing as on the date of this offer, reasonable wear and tear expected.

6. NEW LOAN: Buyer shall be responsible for all costs with respect to any new loan obtained by Buyer. Seller shall have no obligation to pay any charge in connection therewith unless specifically set forth in this contract.

7. CLOSING EXPENSES: Seller agrees to prepare the property deed. Buyer shall pay for recording the deed and for preparation and recording of all other instruments, if any, incidental to closing. 8. ASSIGNMENTS: This contract may not be assigned without the written agreement of all parties, but if assigned by agreements, then this contract shall be binding on the assignee and his heir and successors. 9. PARTIES: This contract shall be binding upon and shall inure to the benefit of the parties and their heirs, successors and assigns. As used herein, words in the singular include the plural and the masculine includes the feminine and neuter genders, as appropriate. 10. SURVIVAL: If any provision herein contained which by its nature and effect is required to be observed, kept or performed after the closing, it shall survive the closing and remain binding upon and for the benefit of the parties hereto until fully observed, kept or performed. 11. ENTIRE AGREEMENT: Buyer acknowledges that he has inspected the Property. This contract contains the entire agreement of the parties and there are no representations, inducements or other provisions other than those expressed herein in writing.

COUNTY OF DUPLIN OFFER TO PURCHASE AND CONTRACT Requiring Restricted Uses and Covenants (Utilizing Sealed Bid Procedure)

________________________________________________, as Buyer, hereby offers to purchase, and the County of Duplin, a body politic, as Seller, upon the execution hereof as authorized by action of the Board of Commissioners of the County of Duplin, if approved and accepted, agrees to sell and convey, all of that plot, piece or parcel of land described below, together with improvements, if any, located thereon (“the Property”), upon the following terms and conditions: 1. REAL PROPERTY: Located in Faison Township, Duplin County, State of North Carolina, being known as and more particularly described as follows: Beginning at a stake in a ditch in the southern margin of Highway No. 403, Joe Ashford’s corner, and runs thence East with said highway, 90 feet to a stake; thence South and parallel with the aforesaid ditch to a stake in the line of the Jule Thompson Estate; thence West 90 feet to a stake in the ditch; thence with said ditch to the beginning. This lot is the same conveyed by deed from Maryland Edwards, Jr., and wife, Lillie Belle Edwards to Maryland Edwards, Jr. and wife, Odessa Edwards. Said deed was recorded in the office of the Register of Deeds of Duplin County in Book 498, Page 222. The property hereinabove described is that property acquired by County of Duplin by instrument in Book 1315, Page 729, Duplin County Registry. 2.

OFFER/PURCHASE PRICE: The purchase price offered is $_______________________________________ and shall be paid as follows: (a)

$__________________, representing a five percent (5%) deposit paid by ____________________________ (cash, a cashier’s check, a certified check, or money order) with the delivery of this Offer, to be held in escrow by the County of Duplin until and unless the sale is closed, at which time it will be credited to Buyer, or until this contract is otherwise terminated and it is disbursed to Buyer.

(b)

$_________________, the balance of the purchase price in cash at closing.

(c)

In the event another offer is not selected then the five percent (5%) deposit shall be refunded.

3. CONDITIONS: All of the Standard Provisions and Restrictions ATTACHED HERETO AS EXHIBIT A and incorporated herein as if fully set forth shall apply to this Offer and Contract, unless expressly modified by Addendum to this instrument. 4. DURATION OF OFFER: This officer to purchase shall be effective for sixty (60) days from the date thereof. Following acceptance of this offer and execution by the Seller of the Purchase Contract, the parties shall remain bound hereby for an additional forty-five (45) days and closing shall occur before the expiration of such period. 5. CLOSING: All parties agree to execute any and all documents and papers necessary in connection with the closing and transfer of title at a place designated by the DUPLIN COUNTY ATTORNEY. The deed is to be made out to: ________________________________________________________________.

This offer shall become a binding contract when signed by Both Buyer and Seller. Date of Offer: ___________________

Date of Acceptance:_________________

Buyer: _________________________

Seller: County of Duplin

Address: ________________________

By:_________________

________________________ Phone:

________________________

Email address:_________________ OR: Date of Rejection: __________________ Date of Refund of Deposit: ___________ By: ______________________________

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