NOTICE OF PUBLIC SALE BY SEALED BID/PUBLIC AUCTION

Transcription

1 NOTICE OF PUBLIC SALE BY SEALED BID/PUBLIC AUCTION The Todd-Wadena Community Corrections Executive Committee will accept sealed bids on April 1, 2013, at 5:00 p.m., at the Community Corrections Office at 221 First Avenue South, Suite 200, Long Prairie, MN, for the purchase of the land and building located at 239 Central Avenue, Long Prairie, MN. This parcel was used as a Community Corrections Office. The parcel will be sold "AS IS" with no warranty whatsoever. There is no warranty on boundaries or legal descriptions. All bidders will complete, sign and submit a Purchase Agreement, together with earnest money of $1, in the form of a cashier's check payable to Todd-Wadena Community Corrections. After opening the sealed bids on April 1, 2013, at 5:00 p.m., any bona-fide bidder may raise their bid as in public auction until such time as a successful bidder is determined. The successful bidder will be required to complete the closing with full payment and possession in accordance with the terms of a Purchase Agreement. Todd-Wadena Community Corrections will execute a Quit Claim Deed as identified in the Purchase Agreement. The Purchase Agreement and bidding instructions may be obtained at the following: Todd-Wadena Community Corrections 221 First Avenue South, Suite 200 Long Prairie, MN Todd-Wadena Community Corrections 200 1st Street NE Staples, MN Todd-Wadena Community Corrections 415 S. Jefferson Wadena, MN The Todd-Wadena Community Corrections Executive Committee reserves the right to reject in whole, or in part, any bid deemed insufficient; or, to accept a bid which, in the sole judgment of the Todd-Wadena Community Corrections Executive Committee, best serves the interest of Todd and Wadena Counties and to waive any and all technicalities. Sealed bids shall be clearly marked "BIDS FOR LONG PRAIRIE CORRECTIONS BUILDING" and submitted on or before April 1, 2013, at 5:00 p.m.

2 The Community Corrections building is located at 239 Central Avenue in the City of Long Prairie. The legal description is as follows: West 22 feet of East 45 feet of Lot 3, and the East 1 foot of the West 21 feet and the East 6 inches of the North 65 feet of the West 20 feet of Lot 3, of Block 14, Original Townsite of the City of Long Prairie, according to the plat thereof on file and of record in the office of the County Recorder in and for said County. EXCEPT the South 28 feet of the West 22 feet of the East 45 feet, and the South 28 feet of the East 1 foot of the West 21 feet of Lot 3, Block 14, Original Townsite of Long Prairie. Pursuant to Minn. Stat. 115B.16, Seller discloses the property is a contamination remediation site under the authority of the Minnesota Pollution Control Agency located at: MPCA 525 Lake Avenue South, Suite 400 Duluth MN The project is identified as Site ID# LEAK The contamination is dry cleaning solvents and petroleum products released from adjoining properties. The present remediation includes a Soil Vapor Extraction System (SVE) located generally in the alleyway behind the building and air monitoring equipment located in the basement of the property. Further information may be obtained by contacting the MPCA, as identified above, and an Affidavit filed for record in the office of the Todd County Recorder on February 14, 2013, as Document # Katherine M. Langer Director Todd-Wadena Community Corrections

3 INSTRUCTIONS TO BIDDER A Purchase Agreement has been prepared for all bidders. The bidding party is required to complete the following within the Purchase Agreement: 1. PARTIES. Insert your name as it should appear on the deed and your preferred mailing address. 4. PRICE AND TERMS. Insert the bid amount. Please sign and date under the designation BUYER on the last page of the Purchase Agreement. The properly completed and signed Purchase Agreement must be submitted in a sealed envelope with a cashier's check in the sum of $1, payable to Todd-Wadena Community Corrections. The bid must be received on or before April 1, 2013, at 5:00 p.m. at the Community Corrections Program Office at 221 First Avenue South, Suite 200, Long Prairie, MN. The sealed envelope should be clearly marked "BIDS FOR LONG PRAIRIE CORRECTIONS BUILDING". Copies of the Purchase Agreement may be obtained by contacting a Community Corrections Office at Long Prairie, Staples or Wadena. A copy of the Purchase Agreement is also available at the following websites:

4 PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement is made on March 29, 2013, between Todd-Wadena Community Corrections, 221 First Avenue South, Suite 200, Long Prairie, MN 56347, SELLER, and the following BUYER: Buyer s Name: Address: 2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property located at 239 Central Avenue, Long Prairie, Todd County, MN, legally described as: West 22 feet of East 45 feet of Lot 3, and the East 1 foot of the West 21 feet and the East 6 inches of the North 65 feet of the West 20 feet of Lot 3, of Block 14, Original Townsite of the City of Long Prairie, according to the plat thereof on file and of record in the office of the County Recorder in and for said County. EXCEPT the South 28 feet of the West 22 feet of the East 45 feet, and the South 28 feet of the East 1 foot of the West 21 feet of Lot 3, Block 14, Original Townsite of Long Prairie. Property Tax Identification Number or Tax Parcel Number FIXTURES AND PERSONAL PROPERTY. A. FIXTURES INCLUDED IN THE SALE. All fixtures except those excluded below, are included in this sale such as: garden bulbs, plants, shrubs, trees, landscaping, storm windows and inserts, storm doors and inserts, screens, awnings, window shades, blinds, curtain-travers-drapery rods, mirrors, cabinets, counter tops, doors, door hardware, mantels, woodwork, attached lighting fixtures with bulbs, electrical wiring, electric outlets, electric switches, electric outlet plates, all plumbing and piping, plumbing fixtures, sump pumps, water heaters, heating systems, heating stoves, fireplace inserts, fireplace doors and screens, built-in humidifiers, built-in air conditioning units, built-in electronic air filters, automatic garage door openers with controls, television antennas, satellite dishes, water softeners, built-in dishwashers, garbage disposals, built-in trash compactors, built-in ovens and cooking stoves, hoodfans, intercoms, installed carpeting, built-in work benches, security systems, fences, retaining walls, kennels, gates, survey monuments, culverts, sheds, gazebos, trellises, underground irrigation systems, weathervanes, lightning rods, flagpoles, light poles and lights, outdoor statuary, pumps, mail boxes, mail box posts, and newspaper boxes. B. PERSONAL PROPERTY. Personal property included in the sale are the following: office furniture, including: desks, chairs, tables, shelves and other miscellaneous furnishings and decor.

5 4. PRICE AND TERMS. The price for the real property is: $ (Insert your bid amount) which Buyer shall pay as follows: Earnest money of $1,000 cashier s check payable to Todd-Wadena Community Corrections. The successful bidder's check will be deposited and held in an account with Todd-Wadena Community Corrections pending closing. The balance shall be due and payable on or before May 1, 2013, the Date of Closing. See paragraph 14 with respect to additional conditions of closing. 5. DEED. A. Upon performance by Buyer, Seller shall execute and deliver a Quit Claim Deed, conveying all interest of Seller, subject to the following: (1) Covenants, conditions, restrictions (without effective forfeiture provisions) and declarations of record, if any: Building is subject to contamination as referenced in an Affidavit recorded February 14, 2013, in the office of the Todd County Recorder as Document # (2) Reservation of minerals or mineral rights by the State of Minnesota, if any; (3) Utility and drainage easements which do not interfere with present improvements; (4) Applicable laws, ordinances, and regulations; and (5) The lien of real estate taxes and installments of special assessments which are payable by Buyer. 6. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. A. Seller shall pay all real estate taxes and special assessments due and payable in Seller and Buyer shall prorate all estate taxes and special assessments due and payable in 2013 to the Date of Closing. Thereafter, all real estate taxes and special assessments shall be the responsibility of Buyer. 7. DAMAGES TO REAL PROPERTY. Until completion of closing and delivery of possession, all risk of loss is on Seller. If the real property is damaged prior to closing, Seller shall give notice to Buyer within 3 business days after such damage has occurred. The notice shall include Seller's proposal for repairing the damage. From the date that Buyer receives Seller's notice, Buyer shall have 3 business days to inspect the real property, and an additional 2 business days to determine if the damages and Seller's proposal for repairs are acceptable to Buyer. If Buyer does not accept Seller's proposals for repairs within the 2 day period, this Agreement is cancelled and the earnest money shall be refunded to Buyer.

6 8. CONDITION OF THE REAL PROPERTY. A. This property is offered for sale in an "AS IS" condition. B. WELL DISCLOSURE. 9 Seller certifies that Seller does not know of any wells on the real property and will so certify on the Quit Claim Deed delivered at closing. Wells on the real property are disclosed by Seller on the attached Well Disclosure Statement. C. SEWAGE TREATMENT SYSTEM DISCLOSURE. Seller certifies that the property is connected to a municipal treatment system. 9 Seller certifies that the property is not connected to a municipal treatment system and has completed a Disclosure Form, attached. D. METHAMPHETAMINE DISCLOSURE. To the best of Seller's knowledge, methamphetamine production has not occurred on the property. 9 To the best of Seller's knowledge, methamphetamine production has occurred on the property and Seller's disclosure is attached. E. NOTICE OF AIRPORT ZONING REGULATIONS. If airport zoning regulations affect this real property, a copy of those airport zoning regulations as adopted can be viewed or obtained at the office of the county recorder where the zoned area is located. F. WARRANTIES SURVIVE CLOSING. Seller's warranties and representations contained in this Paragraph 10., shall survive the delivery of the Deed or Contract for Deed. 9. POSSESSION. Seller shall deliver possession of the property at the time of closing. 10. TITLE & EXAMINATION. Seller shall, within a reasonable time after acceptance of this Agreement, provide an abstract of title certified to date. Evidence of title shall include property searches covering bankruptcies, state and federal judgments and liens, and levied and pending Special Assessments. Seller shall use Seller's best efforts to provide marketable title by the date of closing. In the event Seller has not provided marketable title by the date of closing. Seller shall have an additional 30 days to make title marketable or, in the alternative, Buyer may waive title defects by written notice to the Seller. In addition to the 30 day extension, Buyer and Seller may by mutual agreement further extend the closing date. Lacking such extension, either party may declare this Purchase Agreement null and void; neither party shall be liable for damages hereunder to the other and earnest money shall be refunded to Buyer; Buyer and Seller shall immediately sign a cancellation of Purchase Agreement. 11. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at Paragraph 1 above and, if mailed, are effective as the date of mailing. 12. SUBDIVISION OF LAND. This sale does not constitute a subdivision of land owned by Seller.

7 13. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. 14. CLOSING. Closing shall occur on or before May 1, 2013, at the offices of Peters & Churchwell, PA, 274 Central Avenue, Long Prairie, MN. 15. "AS IS". This property is not new. Buyer agrees to accept this property in its "AS IS" condition with all faults both known and unknown. By agreeing to this "AS IS" provision, Buyer hereby affirmatively states Buyer has had an opportunity to inspect the property. 16. ADDITIONAL TERMS. A. Seller reserves the right to reject in whole, or in part, any bid deemed insufficient; or, to accept a bid which, in the sole judgment of Seller, best serves the interest of Todd and Wadena Counties and to waive any and all technicalities. B. Sealed envelopes shall be marked "BIDS FOR LONG PRAIRIE CORRECTIONS BUILDING" and submitted with the required cashier's check on or before the date and time bids are to be opened. C. Bids will be opened on March 29, 2013, at the Community Corrections office at 221 First Avenue South, Suite 200, Long Prairie, MN at 4:30 p.m. Any bona-fide bidder may raise their bid as in public auction until such time a successful bidder is determined. D. Pursuant to Minn. Stat. 115B.16, Seller discloses the property is a contamination remediation site under the authority of the Minnesota Pollution Control Agency located at: MPCA 525 Lake Avenue South, Suite 400 Duluth MN The project is identified as Site ID# LEAK The contamination is dry cleaning solvents and petroleum products released from adjoining properties. The present remediation includes a Soil Vapor Extraction System (SVE) located generally in the alleyway behind the building and air monitoring equipment located in the basement of the property. Further information may be obtained by contacting the MPCA, as identified above, and an Affidavit file for record in the office of the Todd County Recorder on February 14, 2013, as Document #

8 17. TIME IS OF THE ESSENCE. Time is of the essence for all provisions of the Purchase Agreement. THIS IS A LEGALLY BINDING CONTRACT. CONSULT A LAWYER BEFORE SIGNING THIS DOCUMENT. SELLER BUYER TODD-WADENA COMMUNITY CORRECTIONS Mark Blessing Date Date Its: Chairperson Bill Stearns Date Date Its: Vice-Chairperson