LOWER PAXTON TOWNSHIP 425 Prince Street, Harrisburg, PA 17109 www.lowerpaxton-pa.gov

GENERAL STIPULATIONS AND INFORMATION FOR BIDDERS

FOR THE SALE OF THE BUCHANAN TRACT

1. RECEIPT OF BIDS:

Sealed bids shall be addressed to Lower Paxton Township, and marked, "Bid on the Buchanan Tract", in accordance with the Bidding Documents and will be received in the Administrative Offices of the Township Municipal Center, 425 Prince Street, Harrisburg, Pennsylvania, 17109 until 1 p.m. prevailing time, on Monday, January 4, 2021.

2. EXAMINATION OF THE BIDDING DOCUMENTS:

Bidders are required to carefully examine the Bidding Documents for the subject property and circumstances affecting the cost of the real estate and the manner of performance.

3. PRINTED FORM OF BIDS:

All proposals must be made upon the blank Bid Form attached hereto and must give the price proposed, both in words and figures (written in ink or typed) and must be signed by the Bidder with his full name and address, and where a partnership, the name and address of each partner in full; if a corporation, the place where chartered and the names, titles and business address of the President, Secretary and Treasurer. In submitting bids, the Bid Form must not be removed from the Bidding Documents. The Bid Form must be retyped intact as received, including proper signatures and seals, and submitted as part of the response to the Township's solicitation. 4. RESERVATIONS AND ANNULMENTS: The Board of Supervisors of Lower Paxton Township shall determine the successful bidder upon the basis of the bids submitted, and reserves the right to reject any or all bids, and may readvertise if the best interests of Lower Paxton Township are to be hereby promoted 5. CHANGES PRIOR TO BID OPENING:

During the period allowed for preparation of bids, bidders may be furnished addenda or bulletins for additions to or alterations of the Bidding Documents, which shall become part of the Bidding Documents. If any prospective bidder is in doubt as to the true meaning of any part of the Bidding Documents, he may submit to the Township a written request for an interpretation thereof. The Bidder submitting the request shall be responsible for its prompt delivery. Any interpretation of the Bidding Documents shall be made only by an addendum duly issued and a copy of such addendum shall be mailed or delivered to each prospective bidder of record. The Township shall not be responsible for any other explanations or interpretations of the Bidding Documents.

6. INFORMALITIES: Proposals or bids which contain erasures, alterations, conditional bids, omissions or irregularities of any kind may be rejected by the Township at its option as not meeting the requirements of the Bidding Documents. 7. PRICE:

The Successful Bidder shall pay and the Township of Lower Paxton shall accept the price stipulated in the bid hereto attached as full consideration for the sale of the Buchanan Tract.

8. LOCATION OF PROPERTY The subject property is unimproved vacant mountain land consisting of a single tax parcel, approximately 40.673 acres in Lower Paxton Township, Dauphin County, Pennsylvania. The parcel is offered “as is” with Fee Simple interest. The subject property lies in the eastern portion of Lower Paxton Township, just east of Blue Mountain Parkway. 9. DESCRIPTION OF TRACT See the copy of the current deed, attached hereto. 10. ZONING The subject property is zoned CO, Conservation District.

11. TERMS AND CONDITIONS OF SALE Each bid must be accompanied by a bid security in the amount of ten percent (10%) of the total amount of the bid by certified check or treasurer’s check made payable to Lower Paxton Township. The above mentioned bid security shall be forfeited to Lower Paxton Township in the event the successful bidder neglects or refuses to enter into an agreement of sale with Lower Paxton Township for the purchase of the Buchanan Tract within ten (10) days of the date that the bid is awarded. A non-refundable deposit of ten thousand dollars and zero cents ($10,000.00) will be required from the purchaser at the time of execution of the agreement of sale, such deposit to be by certified check or treasurer’s check. The balance is to be paid be certified check or treasurer’s check within sixty (60) calendar days of the date of the award of the bid, which time period is of the essence. All checks shall be made payable to Lower Paxton Township. If payment of the balance does not take place within the above specified time period, in addition to any other legal or equitable remedies available to it, Lower Paxton Township will declare the entire deposit forfeited and resell the property at the risk and cost of the defaulting purchaser. In such event, the defaulting purchaser shall be liable for the payment of any deficiency in the purchase price, all costs of both sales, attorneys' fees and all other charges incurred by the Township. The property is to be conveyed in fee simple by quit claim deed, subject to the following: existing building restrictions, ordinances, easements of streets, privileges or rights of public service

companies, if any; or easements or restrictions visible upon the ground or of record. The Township does not warrant that it has clear title to the Buchanan Tract. The sale of the property shall not be contingent on the sale or settlement of any other real estate nor subject to obtaining a mortgage or financing. The purchaser shall bear the risk of loss from any casualty, including an Act of God, henceforth from the date of execution of the agreement of sale. All costs of settlement including, but not limited to the title search, title insurance, transfer taxes, notary fees, recording fees and attorney fees shall be paid by the purchaser. Taxes shall be prorated to the date of the sale. If the Township is unable to convey good and marketable title, the purchaser's sole remedy in law or equity shall be limited to a refund of the deposit to the purchaser. Upon refund of the deposit, this sale shall be void and of no effect, and the purchaser shall have no further claim against the Township. The Township reserves the right to reject any and all bids.

LOWER PAXTON TOWNSHIP 425 Prince Street, Harrisburg, PA 17109 www.lowerpaxton-pa.gov

BID FORM FOR THE SALE OF THE BUCHANAN TRACT

NOTICE: This Bid Form must be completely executed, included with, and returned as part of the Bidding

Documents for the Buchanan Tract to:

THE BOARD OF SUPERVISORS

C/O BRADLEY GOTSHALL, TOWNSHIP MANAGER

425 PRINCE STREET

LOWER PAXTON TOWNSHIP

DAUPHIN COUNTY, PENNSYLVANIA

1. This Bid is submitted in accordance with your advertisement, inviting bids to be received until 1:00 p.m.,

Monday, January 4, 2021, for the purchase of land herein referred to as the Buchanan Tract. The subject

property is unimproved vacant mountain land consisting of a single tax parcel, with an area of approximately

40.673 acres in Lower Paxton Township, Dauphin County, Pennsylvania. The parcel is offered “as is” with

Fee Simple interest.

2. Having carefully examined the Bidding Documents, including the General Stipulations and Information

for Bidders, the sample Agreement of Sale, a copy of the current deed and this Bid Form, the undersigned

agrees to purchase the Buchanan Tract from Lower Paxton Township in accordance the Bidding Documents

as indicated below at the price set forth in words and figures, as follows:

3. Total Bid Amount - $______________ (price in numbers)

_____________________________________________________________________________ (price in

words)

4. The undersigned hereby designates as his office or residence to which notice of bid award may be

mailed or otherwise delivered:

____________________________________________________________________

____________________________________________________________________

5. Accompanying this proposal is a bid security in the form of a certified check or treasurer's check in the

amount of ten percent (10%) of the Total Bid Amount, which is being provided as bid security.

6. This bid may be withdrawn at any time prior to the scheduled time for opening of bids or any authorized

postponement thereof.

Date_____________________________ ______________________________

Authorized Signature

______________________________

Company

______________________________

______________________________

Address

______________________________

Telephone

______________________________

Email

AGREEMENT OF SALE

THIS AGREEMENT, made this ______ day of _________________________, 20___, by

and between the Township of Lower Paxton, a township of the second class with offices at ,

Harrisburg, Pennsylvania, (hereinafter referred to as "Seller") and _________

________________________________________________________________, located at

_____________________________________________________, (hereinafter referred to as

"Purchaser").

1. PROPERTY

Seller hereby agrees to sell and convey to Purchaser, who hereby agrees to purchase: ALL

THAT CERTAIN tract of land and improvements, if any, known as the Buchanan Tract, a 40.673

acre tract of land, tax parcel # 35-003-026-000-0000

2. ZONING

The zoning classification for the aforementioned tract is CO, Conservation District.

3. TERMS

The purchase price of ______________________________________

________________________________, shall be paid by the Purchaser to the Seller as follows:

a. a non-refundable deposit of ten thousand and no/00 dollars ($10,000.00) on

the date of this Agreement, in the form of a certified check or treasurer’s check;

b. the balance to be paid by certified check or treasurer’s check within sixty (60)

calendar days of the date of the award of the bid.

Settlement on this Agreement shall take place on or before _______________________.

The following items, if any shall be apportioned pro-rata as of and at the time of settlement:

Taxes as levied and assessed, rents, homeowner association fees, water and/or sewer rents together

with any other lienable municipal services. All realty transfer taxes shall be paid by the Buyer.

4. CONTINGENCIES

This Agreement is NOT contingent on the sale or settlement of any other real estate nor

subject to obtaining a mortgage or financing.

5. TITLE AND COSTS

The property is to be conveyed in fee simple by quit claim deed, subject to the following:

existing building restrictions, ordinances, easements of streets, privileges or rights of public service

companies, if any; or easements or restrictions visible upon the ground or of record. The Township

does not warrant that it has clear title to the Buchanan Tract.

All costs of settlement including, but not limited to the title search, title insurance, transfer

taxes, notary fees, recording fees and attorney fees shall be paid by the Buyer.

6. POSSESSION AND TENDER

Possession is to be delivered by deed at the day and time of settlement. Formal tender of an

executed deed and purchase money is hereby waived.

7. RISK OF LOSS

The Buyer shall bear the risk of loss from any casualty, including Act of God, henceforth

from the date of this Agreement.

8. REPRESENTATIONS

It is understood that the Purchaser has inspected the property, or hereby waives the right to

do so and said Purchaser has agreed to purchase it as a result of such inspection and not because of

or in reliance upon any representation made by the Seller or any public official, agent or employee

of Seller, and that Purchaser has agreed to purchase it in its present condition unless otherwise

specified herein.

9. TIME OF THE ESSENCE

The said time for settlement and all other items referred to for the performance of any of the

obligations of this Agreement are hereby agreed to be of the essence of this Agreement.

10. DEFAULT AND REMEDIES

Should the Buyer fail to pay the balance of the purchase price as set forth in paragraph 3 or

violate or fail to fulfill and perform any of the terms or conditions of the Agreement, then in such

case, in addition to any other legal or equitable remedies available to it, the Seller may declare the

entire deposit forfeited and resell the property at the risk and cost of the defaulting Buyer. In such

event, the defaulting Buyer shall be liable for the payment of any deficiency in the purchase price,

all costs of both sales, attorneys' fees and all other charges incurred by the Seller.

If the Seller is unable to convey good and marketable title, the Buyer's sole remedy in law or

equity shall be limited to a refund of the deposit to the Buyer. Upon refund of the deposit, this sale

shall be void and of no effect, and the Buyer shall have no further claim against the Seller.

11. RECORDING

This Agreement shall not be recorded in the Office of the Recorder of Deeds or in any other

office or place of public record, and if Buyer shall record this Agreement or cause or permit the same

to be recorded, Seller may, at its option, elect to treat such act as a breach of this Agreement.

12. ASSIGNMENT

This Agreement shall be binding upon the respective heirs, executors, administrators,

successors and, to the extent assignable, on the assigns of the parties hereto, it being expressly

understood, however, that the Buyer shall not transfer or assign this Agreement without the written

consent of the Seller being first obtained.

13. ENTIRE AGREEMENT

This Agreement contains the whole agreement between the Seller and Buyer and there are

no other terms, obligations, covenants, representations, statements or conditions, oral or otherwise,

of any kind whatsoever concerning this sale. This Agreement shall not be altered, amended, changed

or modified except in writing executed by the parties hereto.

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day

and year first above written.

_________________________ ______________________________

Witness Purchaser

_________________________ ______________________________

Witness Purchaser

ATTEST: BOARD OF SUPERVISORS

LOWER PAXTON TOWNSHIP

_________________________ By____________________________

Chris Judd, Secretary Lowman S. Henry, Chairman