GSA- 112 Bonnie Brook Court, Aberdeen

GENERAL TERMS OF SALE
1. DEFINITIONS
a. INVITATION FOR BIDS
The term "Invitation for Bids" ("IFB") refers to this document and the following items that are attached hereto and incorporated herein: The Lot Description; General Terms of Sale; Instructions to Bidders; Offer to Purchase Government Real Property. Should the aforementioned documents be modified or supplemented by any addenda or amendments issued by the Government prior to the conclusion of the online auction, those addenda and amendments shall be part of the IFB.
b. GOVERNMENT
The term “Government” as used herein refers to the United States of America, and is used interchangeably with “Seller” and “Grantor.”
c. GENERAL SERVICES ADMINISTRATION
The term “General Services Administration” (“GSA”) as used herein refers to the United States General Services Administration, a Federal agency.
d. PROPERTY
The term “Property” refers to the property or properties described in the Property Description of this IFB.
e. AS-IS
The term “As-Is” means that the Government is selling, and the buyer is buying the Property in whatever condition it presently exists, and that the buyer is accepting the Property “with all faults,” whether or not they could be ascertained by an inspection of the Property or review of any due diligence material available.
f. WHERE-IS
The term “Where-Is” means that the Government is selling, and the buyer is buying, the Property in whatever location it presently exists.
g. PURCHASER
The term “Purchaser” refers to the bidder whose bid the Government accepts and is used interchangeably with “Buyer” and “Grantee.”
h. BIDDER(S)
The term “Bidder” or “Bidders” as used herein refers to the offeror or offerors for the purchase of the subject Property, and is used interchangeably with “you.”
i. HIGH BIDDER
The term “High Bidder” refers to the bidder, whose bid conforms to the terms and conditions of the IFB, is the highest dollar bid at the close of the auction and is determined by the Government to be the most acceptable bid.
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j. BACKUP BIDDER
The term “Backup Bidder” refers to the bidder, whose bid conforms to the terms and conditions of the IFB, is the second-highest dollar bid at the close of the auction and is determined by the Government to be the most acceptable bid.
2. DESCRIPTION PROVIDED IN IFB
The description of the Property, and all other information provided with respect to the Property set forth in the IFB, are based on the best information available to GSA, Real Property Utilization and Disposal (9PZ) and are believed to be correct. Any error or omission, including but not limited to, the omission of any information available to the agency having custody over the Property and/or any other Federal agency, shall NOT constitute grounds or reason for nonperformance of the contract of sale, or claim by purchaser for allowance, refund or deduction from the purchase price.
3. INSPECTION
The Properties will be made open for inspection at the following times subject to weather and road conditions:
November 22: (Fayetteville Live Auction Homes) 12-3 PM, 112 Bonnie Brook Court, Aberdeen, NC (Jacksonville Live Auction Homes) 9 AM-12 PM, 214 Wingspread Lane, Beulaville, NC 2-5 PM, 120 Meadow Trail Road, Jacksonville, NC November 23: (Fayetteville Live Auction Homes) (PENDING RWA) 9 AM -12 PM, 353 Thorncliff Drive, Raeford, NC 2-5 PM, 3342 Harbour Pointe Place, Fayetteville, NC (Jacksonville Live Auction Homes) 9 AM-12 PM, 108 Starky's Creek Court, Maysville, NC 2-5 PM, 3007 Derby Run Road, Jacksonville, NC December 5, 2014 (day of auction): (Fayetteville Live Auction Homes) 10 AM-1 PM, 112 Bonnie Brook Court, Aberdeen, NC (PENDING RWA) 8-10 AM, 353 Thorncliff Drive, Raeford, NC 11-1 PM, 3342 Harbour Pointe Place, Fayetteville, NC December 6, 2014 (day of auction): (Jacksonville Live Auction Homes) 8-10 AM, 214 Wingspread Lane, Beulaville, NC 8-10 AM, 108 Starky's Creek Court, Maysville, NC 11-1 PM, 120 Meadow Trail Road, Jacksonville, NC 11-1 PM, 3007 Derby Run Road, Jacksonville, NC
Bidders are invited, urged, and cautioned to inspect the Property prior to submitting a bid. The failure of any bidder to inspect, or to be fully informed as to the condition of all or any portion of the Property, will not constitute grounds for any claim or demand for adjustment or withdrawal of a bid after the auction.
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4. CONTRACT
The IFB and the bid, when accepted by the Government shall constitute an agreement for sale (“Agreement”) between the high bidder (“Purchaser”) and the Government. Such Agreement shall constitute the whole contract to be succeeded only by the formal instrument(s) of transfer, unless modified in writing and signed by both parties. No oral statements or representations made by, or for, or on behalf of either party shall be a part of such contract. In addition, the Purchaser shall not transfer or assign the Agreement without the express written consent of the Government. Any assignment transaction without such consent shall be void.
5. CONDITION OF PROPERTY
The Property is offered for sale “AS IS” AND “WHERE IS” without representation or warranty, expressed or implied. The Purchaser, and Purchaser’s successors and assigns, or any party-in-possession of the Property, or any part thereof, further acknowledges that the Government makes no representations or warranty concerning the title, zoning, character, condition, size, quantity, quality and state of repair of the Property. The Government makes no other agreement or promise to alter, improve, adapt or repair the Property not otherwise contained herein. Purchaser shall rely solely on its own due diligence and examination of the Property. Purchaser acknowledges that there will be no claims or any allowances or deductions upon grounds that the Property is not in condition or fit to be used for the purpose of which intended by the Purchaser after the conclusion of the auction.
6. ZONING
Verification of the present zoning and determination of permitted uses, along with compliance of the Property for any proposed future use, shall be the responsibility of the bidder; and the Government makes no representation in regard to zoning matters. Any inaccuracies or changes in the zoning information shall NOT be cause for adjustment or rescission of any contract resulting from this IFB.
7. UTILITIES & SERVICE PROVIDERS
All typical public utilities are available to the Property, including electricity, gas, sewer, water, and telephone. Procurement of utility service shall be the responsibility of the Purchaser as of the date of conveyance. Bidders are urged to contact the utility providers below for more information.
Electricity Service Providers:
Fayetteville Public Works (910) 483-1382
Jones-Onslow EMC (910) 353-1940
Duke Progress Energy (800) 452-2777
Gas, Water and Sewer Service Providers:
Piedmont Natural Gas (800) 752-7504
Fayetteville Public Works (910) 483-1382
Onslow Water and Sewer Authority (910) 455-0722
Town of Aberdeen (910) 944-1115
Telephone Service Provider:
AT&T (877) 744 0683
8. RISK OF LOSS
As of the date of conveyance, the Purchaser shall assume all responsibility for care and handling and all risks of loss or damage to the Property, including but not limited to all buildings and other improvements located thereon, and assume all obligations and liabilities of ownership and no claim for any allowance or deduction upon such grounds will be considered after the conclusion of an auction.
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9. TAXES, ASSESSMENTS AND OTHER COSTS
As of the date of conveyance, the Purchaser shall assume responsibility for all general and special real and personal property taxes or other assessments which have been or may be assessed on the Property, and for all sums due to be paid by the Government in lieu of taxes, which amount shall be prorated.
If the Property is subject to a Home Owner's Association (HOA) or other common assessment arrangement, the Government shall pay the assessed fee owed during the period of Government ownership. However, the Purchaser shall be responsible for any late fees or other fees that were assessed by the HOA or equivalent during the period of Government ownership upon the date of conveyance.
10. REVOCATION OF BID AND DEFAULT
In the event of revocation of a bid after the conclusion of an auction, but prior to acceptance of the high bid by the Government, or in the event of revocation of a bid after notice of acceptance, or in the event of any default by the Purchaser in the performance of the contract of sale created by such acceptance, or in the event of failure by the Purchaser to consummate the transaction, the Purchaser agrees that the deposit paid the Government in any acceptable form, including credit card, together with any payments subsequently made on account, may be forfeited at the option of the Government as damages for breach of contract, in which event the Purchaser shall be relieved from further liability. Otherwise, without forfeiting the said deposit and payments, the Government may avail itself of any legal or equitable rights which it may have under the bid or contract of sale.
11. GOVERNMENT LIABILITY
If the Government accepts a bid for the purchase of the Property and (1) the Government fails for any reason to perform its obligations as set forth herein; or (2) title does not transfer or vest in the Purchaser for any reason, although Purchaser is ready, willing, and able to close; or (3) any other contractual claim or cause of action hereafter accrues in favor of Purchaser under the terms of this IFB, Government’s liability to Purchaser shall be strictly limited to all amounts of money Purchaser has paid to Government without interest whereupon Government shall have no further liability to Purchaser.
12. TITLE EVIDENCE
Any bidder, at its sole cost and expense, may procure any title evidence that the said bidder desires. The Government will, however, cooperate with the Purchaser or their authorized agent in this transaction, and will permit examination and inspection of such deeds, abstracts, affidavits of title, judgments in condemnation proceedings, or other documents relating to the title of the premises and Property involved, as it may have available. It is understood and agreed that the Government is not obligated to pay for any expense incurred in connection with title matters or survey of the Property.
13. TITLE
If a bid for the purchase of the Property is accepted, a quitclaim deed or a deed without warranty in conformity with local law and practice will convey the Government's interest. A bill of sale will be utilized to convey personal property, if necessary. The Government does not pay for or provide title insurance.
14. EASEMENTS, ENCROACHMENTS AND RESERVATIONS
The Property will be sold subject to any and all covenants, reservations, easements, restrictions, encroachments, and rights, recorded or unrecorded, in favor of third parties, for highways, streets, power lines, telephone lines and equipment, pipelines, drainage, sewer and water mains and lines, public
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utilities, public roads, railroads and other rights-of-way, and any easements, reservations, rights and covenants reserved by the Grantor herein.
15. COVENANT AGAINST CONTINGENT FEES
The Purchaser warrants that he or she has not employed or retained any person or agency to solicit or secure this contract upon any agreement or understanding for commission, percentage, brokerage, or contingent fee. Breach of this warranty shall give the Government the right to annul the contract without liability or in its discretion to recover from the Purchaser the amount of such commission, percentage, brokerage, or contingent fee in addition to the consideration herewith set forth. This warranty shall not apply to commissions payable by the Purchaser upon the contract secured or made through bona fide established commercial agencies maintained by the Purchaser for the purpose of doing business. “Bona fide established commercial agencies” has been construed to include licensed real estate brokers engaged in the business generally.
15. TENDER OF PAYMENT AND DELIVERY OF INSTRUMENT OF CONVEYANCE
The closing date of the sale is sixty (60) calendar days after acceptance of the bid. Upon agreement by the Government, the Purchaser may close the transaction prior to the sixty (60) calendar day period.
Prior to closing, the Purchaser or Purchaser’s agent will open an escrow account with an independent, unaffiliated escrow company (“Escrow Holder”) to handle the closing. All closing costs, including escrow fees and document handling expenses, shall be borne solely by the Purchaser. As part of the closing, the Government will provide escrow instructions to the Escrow Holder regarding the recording, disposition of proceeds and related matters.
On the closing date, the Purchaser shall tender to the Escrow Holder the balance of the purchase price in the form of a cashier’s check, certified check or electronic wire transfer. The Government shall deliver to the Escrow Holder an executed Quitclaim Deed along with an Acceptance by Grantee document. The Purchaser must sign the Acceptance by Grantee document.
Possession of the Property will be assumed by the Purchaser at the time of closing. The Government reserves the right to extend the closing date for a reasonable amount of time.
16. DELAYED CLOSING
Any change to the established closing date is subject to the written approval by the Government. The Government reserves the right to refuse a request for extension of closing. However, if the Government grants an extension, the Purchaser may be required to pay either: (i) a liquidated damages assessment of $100.00 per day; or (ii) interest on the outstanding balance of the purchase price, whichever is greater, if the closing of the sale is delayed, and the delay is caused, directly or indirectly, by the Purchaser's action or inaction and not by any action on the part of the Government. The interest rate shall be computed based on the yield of 10-year United States Treasury maturities as reported by the Federal Reserve Board in "Federal Reserve Statistical Release H.15" plus 1-1/2% rounded to the nearest one-eighth percent (1/8%) as of the date of bid acceptance. The Government may impose additional terms and conditions to grant an extension.
17. CLOSING COSTS, DOCUMENTARY STAMPS AND COST OF RECORDING
All closing costs, including escrow and financing fees, shall be borne solely by the Purchaser. The Purchaser shall pay all taxes and fees imposed on this transaction and shall obtain at Purchaser’s own expense and affix to all instruments of conveyance and security documents such revenue and documentary stamps as may be required by Federal, state and local law.
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All instruments of conveyance and security documents shall be placed on record in the manner prescribed by local recording statutes at the Purchaser’s expense.
A conformed copy of the recorded quitclaim deed shall be provided by the Purchaser to GSA, within five (5) business days after recording, at the following address:
U.S. General Services Administration
Real Property Utilization and Disposal (9PZ)
50 United Nations Plaza, 4th Floor NW, Rm 4341
San Francisco, CA 94102
Attn: Amelia Glissman
18. OFFICIALS NOT TO BENEFIT
No member or delegate to the Congress, or resident commissioner shall be admitted to any share or part of the contract of sale or to any benefit that may arise therefrom, but this provision shall not be construed to extend to the contract of sale if made with a corporation for its general benefit. GSA employees are prohibited from bidding on the Property offered in the IFB.