***LIVE PUBLIC ONSITE & ONLINE AUCTION ***
The Property is located within the Historic core of the Town of Crested Butte, Colorado, at the corner of 1st Street and Gothic Avenue. It consists of approximately 15,645 sq. ft. (or 0.359 +/- acres), being offered as two separate parcels with the option to bid on one or both together.
In-person and internet bidding starts on Tuesday, October 21st at 10am (Mountain Time).
NOTE: PLEASE SEE THE INVITATION FOR BIDS (IFB) DOCUMENT AT http://gsaauctions.gov/gsaauctions/aucdsclnk?sl=FTWOR714057001 FOR AUCTION AND PROPERTY DETAILS.
**BIDDERS MUST PRE-REGISTER WITH GSA, ACCORDING TO THE TERMS OF THE IFB, PRIOR TO OCT. 20TH AT 10AM (MOUNTAIN TIME).
Please contact Veronica Capron Vorva for more information @ 817-978-4246 or email@example.com.
BidSpotter Customer Service Support Department
To reach a member of our qualified support staff regarding information or questions pertaining to the bidding process; please reach us by phone, email or LiveChat
Terms and Conditions
U.S. General Services Administration
Invitation for Bids
SALE OF GOVERNMENT REAL PROPERTY
Location: Crested Butte Mountain Resort, Lodge at Mountaineer Square
Date and time: October 21, 2014 at 10am (Mountain Time)
THE CRESTED BUTTE RANGER STATION & RESIDENCE
104 and 108 Gothic Avenue
Town of Crested Butte, CO 81224
Bid Item #
7,885 +/- sq. ft.
7,760 +/- sq. ft.
West & East Lots together
15,645 +/- sq. ft.
Sale #: USDA-1799
The Crested Butte Ranger Station & Residence is located within the Historic core of the Town of Crested Butte, Colorado, at the corner of 1st Street and Gothic Avenue. It consists of approximately 15,645 sq. ft. (or 0.359 +/- acres), being offered as two separate parcels with the option to bid on one or both together.
Bids for the purchase of the Government-owned Property described in the Property Description portion of this Invitation for Bids will be received via a multiple-parcel live auction. For properly registered bidders that are unable to attend in person, an online, live stream will be available.
Sale Type: Live Auction (Multiple-Parcel)
Auction Date: October 21, 2014 at
10:00am (Mountain Time)
Location: Crested Butte Mountain Resort,
Lodge at Mountaineer Square
Registration Deposit: $20,000
Pre-registration Deadline: 24 hours prior to auction start. Online bidders must pre-register.
Sales Information & Live Auction Assistance
Veronica Capron Vorva, Realty Specialist
Phone: (817) 978-4246
Online Sales Information
Online Bidding Website
Send Bid Form and Registration Deposit to:
U.S. General Services Administration
Real Property Utilization and Disposal (7PZ)
819 Taylor Street, Room 11A30
Fort Worth, Texas 76102-6103
Attn: Veronica Capron Vorva
Property Disposal Web Page
TABLE OF CONTENTS
Property Description ....................................... page 2
General Terms of Sale .................................... page 4
Instructions to Bidders..................................... page 9
Notices, Covenants, Agreements, Exceptions
and Reservations............................................. page 17
Draft Quitclaim Deed....................................... page 21
Bidder Registration and Bid Form..................... page 24
Certificate of Corporate/Organization
Bidder............................................................. page 25
Buyer’s Broker Participation
Registration Form ........................................... page 26
LOCATION AND SETTING
The Crested Butte Ranger Station and Residence property occupies a corner lot at the junction of 1st Street and Gothic Avenue in downtown Crested Butte, Colorado. The Ranger Station and Residence is located two blocks from the main street in downtown Crested Butte, Elk Avenue. A Mountain Express, Town Shuttle route, bus stop is also a short 4 minute stroll from the property. The free, year-round, bus route runs around town in addition to taking passengers up to the ski area in Mt. Crested Butte.
Crested Butte is a quaint mountain town located in Southwest Colorado, about 28 miles north of the City of Gunnison and the Gunnison-Crested Butte Regional Airport. Crested Butte is also located about 94 miles from the Montrose Regional Airport, 160 miles from the Grand Junction Regional Airport, and 250 miles from the Denver International Airport.
SALE PARCEL DESCRIPTION
The Crested Butte Ranger Station and Residence consists of approximately 15,645 sq. ft. (or 0.359 acres), being sold as two separate parcels. The two lots together measure approximately 125 ft. x 125 ft. A residence, an office and a shop/garage were built on the lots in 1940 by Civilian Conservation Corps labor. The lots are located within an area of the Town of Crested Butte that is designated as an historic district.
West Lot (Residence located at 104 Gothic Avenue)
West Lot consists of 7,885 +/- sq. ft. of fee land, improved with a 2 bed, 1 bath, 1,246 +/- sq. ft. one-story residence, plus a 1,083 +/- sq. ft. basement and an attic.
The ground floor of the residence is 1,246 +/- sq. ft. The main entrance to the residence opens into the sunroom which leads into the living room. The living room features wood interior cabinetry, wood flooring and a wood stove. Windows in the entryway sunroom, kitchen and bathroom were replaced in 2009 with Energy Star rated windows. The living room windows were refurbished in 2009. The bedroom windows and the attic are insulated. Hardie plank siding was installed on the exterior of the residence in 2009.
A separate side door entrance leads down the stairs to the 1,083 +/- sq. ft. basement, which consists of one main room with washer and dryer hookups, a bedroom, as well as a few additional rooms.
The residence has a natural gas forced air furnace, as well as Town of Crested Butte water service with its own water line and meter.
The electric line currently in operation for the residence crosses through the East Lot before connecting to the main line. There is no easement across the East reserved for West Lot electrical service. The purchaser of the West Lot will likely need to obtain separate electric service and install a new meter in order to obtain electricity for the West Lot.
Domestic water for the buildings and grounds irrigation is supplied by the Town of Crested Butte water system. There is no “irrigation water” nor a well supply water to the property.
East Lot (Ranger Station located at 108 Gothic Avenue)
East Lot consists of 7,760 +/- sq. ft. of fee land and is improved with a 1,049 +/- sq. ft. one-story office with a basement and attached two car garage; as well as a 1,603 +/- sq. ft. two-story shop/garage.
The main floor of the office, which includes a meeting room, an office and an attached two car garage, is 1,049 +/- sq. ft. The basement is 547 +/- sq. ft and includes storage rooms and a restroom. The office has a natural gas forced air furnace, as well as Town of Crested Butte water service with its own water line and meter.
The two-story shop/garage consists of a 928 +/- sq. ft. ground floor and a 675 +/- sq. ft. upper floor. A bundle of new siding is located in the shop/garage and is included in the sale. Heat is provided by a forced air shop space heater. The shop/garage does not have water or sewer service. While the shop/garage currently has electricity, it may be connected to the residence’s electricity line instead of the line that runs to the office. To retain electricity at the shop/garage, the purchaser of the East Lot may need to connect the shop/garage to the office line.
The Town of Crested Butte has advised that a sewer main line runs under Gothic Avenue, which is adjacent to and runs north of both lots. The sewer line currently in operation for the office crosses through the West Lot before connecting to the main line under Gothic Avenue. There is no easement across the West Lot reserved for East Lot sewer service. The purchaser of the East Lot will likely need to install a separate sewer line in order to obtain sewer service for the East Lot.
Domestic water for the buildings and grounds irrigation is supplied by the Town of Crested Butte water system. There is no “irrigation water” nor a well supplying water to the property.
West Lot (Residence located at 104 Gothic Avenue)
A tract of land situated in Section 3, Township 14 South, Range 86 West of the 6th Principal Meridian, Gunnison County, Colorado more particularly described as follows:
Beginning at the Northeast corner of Lot 12, Block 17, thence West, 62.00 ft. along the northern boundary of Lots 12 and 13 and a portion of Lot 14, also being the southern boundary of Gothic Avenue R.O.W., to the true point of beginning, thence West, 63.00 ft. to the Northwest Corner of Lot 16 on the southern boundary of Gothic Avenue R.O.W. and the eastern boundary of First Street R.O.W., thence S. 0° 02’ E., 125.16 ft. along the eastern boundary of First Street R.O.W., also the west boundary of Lot 16, Block 17, to the Southwest corner of Lot 16, thence East, 63.00 ft. along the southern boundary of Lots 15 and 16 and a portion of Lot 14, also the northern boundary of the alley, thence N. 0° 02’ W., 125.16 ft., to the point of beginning. Containing 7885 sq. ft. more or less.
East Lot (Ranger Station located at 108 Gothic Avenue)
A tract of land situated in Section 3, Township 14 South, Range 86 West of the 6th Principal Meridian, Gunnison County, Colorado more particularly described as follows:
Beginning at the Northeast corner of Lot 12, Block 17, the point of beginning, thence West, 62.00 ft. along the northern boundary of Lots 12 and 13 and a portion of Lot 14, also being the southern boundary of Gothic Avenue R.O.W., thence S. 0° 02’ E., 125.16 ft. to the southern boundary of Lot 14, also the north boundary of the alley, thence East, 62.00 ft. along the southern boundary of Lots 12 and 13 and a portion of Lot 14, also being the northern boundary of the alley, to the Southeast corner of Lot 12, thence N. 0° 02’ W., 125.16 ft. along the boundary between Lots 11 and 12 to the point of beginning. Containing 7760 sq. ft. more or less.
West & East Lots together (Combination of West Lot and East Lot)
Lots 12, 13, 14, 15, and 16, Block 17, Town of Crested Butte. T. 14S., R. 86W., Sec. 3, 6th P.M.
TAX PARCEL ID
Account Number: R003114
Parcel Number: 3255-031-32-006
Gunnison County, Colorado
UTILITIES & SERVICE PROVIDERS
Procurement of utility service shall be the responsibility of the Purchaser as of the date of conveyance. Currently, electricity is provided by Gunnison County Electric Association. Water and sewer is provided by the Town of Crested Butte. Natural Gas is provided by Atmos Energy Corporation.
GENERAL TERMS OF SALE
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 Property Description; General Terms of Sale; Instructions to Bidders; Notices, Covenants, Agreements, Exceptions, and Reservations; and Bidder Registration and Bid Form for Purchase of Government Property. Should the aforementioned documents be modified or supplemented by any addenda or amendments issued by the Government prior to the conclusion of the live auction, those addenda and amendments shall be part of the IFB.
The term “Government” as used herein refers to the United States of America, and is used interchangeably with “Seller” and “Grantor.”
GENERAL SERVICES ADMINISTRATION
The term “General Services Administration” (“GSA”) as used herein refers to the United States General Services Administration, a Federal agency conducting this sale in agreement with the United States Department of Agriculture (USDA). USDA has full custody of and all accountability for all matters, known and unknown, concerning the physical, title, and environmental condition of the Property.
The term “Property” refers to the property or properties described in the Property Description(s) of this IFB.
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.
The term “Where-Is” means that the Government is selling, and the buyer is buying, the Property in whatever location it presently exists.
The term “Purchaser” refers to the bidder whose bid the Government accepts and is used interchangeably with “Buyer” and “Grantee.”
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.”
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.
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.
The term “Earnest Money” refers to the to the Bidder’s deposit of money demonstrating the Purchaser’s good faith to the Government to fully execute and to fully comply with all terms, conditions, covenants and agreements contained in any contract resulting from the Government’s acceptance of the Bidder’s offered bid price. Once a bid is accepted by the Government for contract, all prior deposits made by the Purchaser to participate in the sale, subject to this Invitation for Bids, become Earnest Money to the benefit, custody, accountability and control of the Government.
The GSA Auctions® website, GSAAuctions.gov, has been developed to allow the general public the opportunity to bid electronically on a wide array of Federal assets, including real property. Auctions for real property are offered as a separate asset category at GSA Auctions and can be viewed at RealEstateSales.gov. Additional information can also be found at propertydisposal.gsa.gov.
The term "broker" as used herein refers to a person with an active real estate license in the State where he/she practices real estate who, in exchange for a commission, acts for another person or entity solely as agent in conformance with "Instructions to Bidders" Paragraph 13 contained herein. The “brokerage” is the business entity of the broker representing the Bidder(s). A broker must be an agent and cannot be a party to the contract to receive a commission.
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 the GSA, Real Property Utilization and Disposal (7PZ) 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.
The property will be available to view as announced on GSA’s websites at https://propertydisposal.gsa.gov and at http://RealEstateSales.gov. No one will be allowed access to the Property without the presence of a GSA employee or their designee and/or a Forest Service representative.
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.
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.
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.
The subject property is located within the jurisdiction of the Town of Crested Butte, Colorado. According to the “Town of Crested Butte Zoning Map - 2012,” located at http://www.crestedbutte-co.gov/, the Property is zoned R1C -Residential/Core.
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.
For more information contact:
Michael Yerman, Town Planner
Town of Crested Butte, Colorado
Phone: (970) 349-5338
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.
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.
REVOCATION OF BID AND DEFAULT
Purchaser agrees that bids made to purchase the Property are binding offers and once accepted for contract by the Government, all deposits made by the Purchaser to participate in the sale, subject to this Invitation for Bids, become Earnest Money to the benefit, custody and accountability of the Government.
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 any Earnest Money and all deposits paid to the Government in any acceptable form, including credit card, together with any payments subsequently made on account, are subject to forfeit by the Purchaser to the Government at the option of the Government as damages for breach of contract, in which event the Purchaser shall be relieved from further liability. Purchaser agrees that all deposits made with credit cards that are subject to forfeit that, upon Government determination of Purchaser’s default and breach of contract. Purchaser shall not request chargeback or any other cardholder refund. Purchaser agrees and understands that a debt to the United States of America subject to claim or collection by applicable Federal law may be created if their Earnest Money is in any way made unavailable to the Government and that any party that knowingly participates in such chargeback or refund may be held fully accountable for interfering with a Government contract. 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.
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.
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.
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. The Government does not pay for or provide title insurance.
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 utilities, public roads, railroads and other rights-of-way, and any easements, reservations, rights and covenants reserved by the Grantor herein.
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.
TENDER OF PAYMENT AND DELIVERY OF INSTRUMENT OF CONVEYANCE
The closing date of the sale is thirty (30) calendar days after acceptance of the bid. Upon agreement by the Government, the Purchaser may close the transaction prior to the thirty (30) calendar day period.
Prior to closing, the Purchaser or Purchaser’s agent may open an escrow account with an independent, unaffiliated escrow company (“Escrow Holder”) to handle the closing. The Government does not mandate use of an escrow company. 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 Government (or to the Escrow Holder) the balance of the purchase price in the form of a cashier’s check, certified check or electronic wire transfer. Upon confirmation that Purchaser’s wire transferred funds have been received by the Government or that Purchaser’s funds by check have been confirmed to the satisfaction of the Government, the Government shall deliver to the Purchaser the instrument, or instruments, of conveyance. 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.
Any change to the established closing date is subject to 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 $300.00 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.
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.
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.
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.
INSTRUCTIONS TO BIDDERS
The live auction will take place on Tuesday, October 21, 2014 at 10am (Mountain Time).
The live auction will be held at Crested Butte Mountain Resort in the Lodge at Mountaineer Square. The Lodge at Mountaineer Square is located at 640 Gothic Road, Mt. Crested Butte, CO 81225.
Bids may be placed in person at the auction location and online via BidSpotter.com, per the terms of the Instructions to Bidders.
TYPE OF SALE
This sale will be a live auction in which bids are made on individual lots and combinations of lots called a Multiple-Parcel (Multi-Par) auction in multiple rounds of bidding.
BIDS AND TERMS OF SALE
Bids to purchase must be ALL-CASH. Buyers are expected to arrange their own financing and to pay the balance in full by the closing date. No Government credit terms are available. GSA has no information on the availability of private financing or on the suitability of this Property for financing.
BIDDER REGISTRATION AND DEPOSIT
Registration of Bidders Attending the Auction in Person
On the date set for the auction, each prospective bidder at the sale is required to register. At the time of registration, per paragraph C., Bidder Registration Form, below, Bidders must complete and submit the official Bid Form provided in this Invitation for Bids and titled "Bidder Registration and Bid Form for Purchase of Government Real Property” as evidence that the Invitation for Bids was received by the bidder prior to the actual commencement of the auction. A bid deposit must be presented per paragraph D., Bidder Registration Deposit, below. Government issued photo identification must be presented to verify bidder’s identity.
You may register as either an individual or as a company and this information must be the same information provided on the Bid Form. Changes to title may be considered after award at the discretion of the Government. If you wish to participate as an individual and a representative of a company, you must register separately for each and place bids accordingly.
In accordance with Public Law No. 104-134, Section 31001, the Debt Collection Improvement Act of 1996, the Tax Identification Number (TIN) must be provided by anyone conducting business with the Federal Government, from which a debt to the Government may arise. Individuals cannot successfully register to bid on items without providing a TIN. A TIN is defined as an individual's Social Security Number (SSN) or business entity's Employer Identification Number (EIN). If you registered as an Individual, your SSN will be validated with your name and address. If you registered as a Company, your business identity's EIN will be validated with your company name and address. The use of an individual's SSN is subject to the Privacy Act of 1974 (5 U.S.C. Section 552a), and will be collected only to verify the data submitted by the user and for the proper refund of the Registration Deposit.
Each registered bidder will be assigned a Bidder Number and bid card as identification for sale purposes.
Pre-Registration of Bidders
Bidders may pre-register using the Bid Form provided in this Invitation for Bids, per paragraph C., Bidder Registration Form, below, and providing the required bid deposit, per paragraph D., Bidder Registration Deposit, below, no later than 24 hours prior to the auction sale time. Online Bidders MUST pre-register.
To Pre-Register prior to the date of the auction, please submit the completed Bid Form, along with the required Registration Deposit, to:
U.S. General Services Administration
Office of Real Property Utilization and Disposal (7PZ)
819 Taylor St., Room 11A30
Fort Worth, Texas 76102
Attn: Veronica Capron Vorva
If the Registration Deposit is to be provided by credit card, the Bidder Registration and Bid Form can also be submitted to GSA by fax at (817) 978-2063.
Registering Bidders for On-Line Bidding ONLY – User ID & Password
Go to www.BidSpotter.com.
Click on the Real Estate category.
Find the The Crested Butte Ranger Station and Residence auction listing.
Click the SIGN UP TO BID button to the right of the auction listing.
If you have never registered with BidSpotter.com in the past:
Click the CREATE NEW ACCOUNT button on the left hand side under “NEW CUSTOMER”
Complete the following two pages
Click the COMPLETE REGISTRATION button.
If you have registered with BidSpotter.com in the past:
Enter in your username and password
Click the LOG IN button
Complete the registration page
Click the COMPLETE REGISTRATION button.
Once you have registered for the auction you must still comply with any and all requirements set forth in this Invitation for Bid in order to be approved to bid.
Once the Bid Form, on-line registration, and bid deposit are received by the sales office, the bidder’s User ID and Password from the online registration will be activated. Electronic bids may be made only on the day and time of the live auction.
On the day of the auction you will go back to BidSpotter.com, sign in, and click the BID NOW/VIEW LIVE button to access the live auction interface and participate in the live auction.
Bidder Registration Form
Bidders must complete and submit the official Bid Form titled "Bidder Registration and Bid Form for Purchase of Government Real Property" accompanying this IFB. All information and certification requested thereon must be provided. Bidder registration and bids submitted which fail to furnish all information or certifications required may be summarily rejected. The Bid Form should be filled out legibly with all erasures, strikeovers and corrections initialed by the person submitting the bid. The Bid Form must be signed and dated. Additional bid forms are available upon request or you may photocopy the form in this IFB.
Bidder Registration Deposit
A deposit in the amount of $20,000 (the “Registration Deposit”) must accompany your Bidder Registration and Bid Form. Registration Deposits must be provided in the form of a cashier's check or bank certified check. Personal or company checks are NOT acceptable. Checks must be made payable to: “U.S. General Services Administration.”
For pre-registration deposits by credit card, pre-registered bidders must also complete the Registration Deposit portion of the official Bid Form to be authorized to bid.
Only upon verification of your Registration Deposit, will you be allowed to bid. Registration Deposits presented on sale day will be presented at registration and then retained by the Bidder. Successful high bidder(s) and the backup bidder(s) will be required to surrender the deposit as a non-refundable earnest money deposit for the offered bid. Those bidders who pre-register will have their refundable registration deposits secured with the U.S. Treasury, in a non-interest bearing account, immediately upon receipt.
It is the responsibility of the bidder to ensure that adequate time is available to complete the registration process as described above. The Government makes no representation or guarantee that any additional assistance or time will be provided to complete the registration process. No bidder will be allowed to participate in the sale until the entire registration process is complete.
Bids must be submitted without contingencies.
By submitting your bid, you agree that your bid is a binding offer. You will be legally obligated for any and all bids submitted using your Bidder Number. Bids cannot be lowered or canceled.
IN PERSON BIDDING
Bidding at an auction is accomplished by raising the bidder card with their bidder number until acknowledged by the auctioneer. During the round of bidding on combination lots, bids are generally presented to the auction staff for recognition by the auctioneer.
Online bidding is only available DURING the live auction sale using BidSpotter.com. Bids made using BidSpotter.com must comply with the rules of BidSpotter.com. All the terms of sale and instructions to bidders in this Invitation for Bids are applicable to all Bidders either attending or represented at the sale in person or online.
Bidders who are unable to attend the auction in person or place bids online during the auction will have the option to submit a “bid by proxy” wherein a registered bidder makes a bid with the Auctioneer before the auction starts. The Auctioneer will bid on the proxy bidder’s behalf at the auction up to their bid amount.
Bidders must preregister for the auction according to Paragraph 5B, Pre-Registration of Bidders, above.
Bidders should indicate the bid amount on the Bidder Registration Form on the ‘”BID BY PROXY” AMOUNT’ line.
Only the amount of the proxy bid needed to win the auction will be used. If competitive bidding exceeds the proxy bid amount, the sale continues and the winning bid will be the highest bid received at auction.
TRANSMISSION AND RECEIPT OF ELECTRONIC BIDS
The Government will not be responsible for any failure attributable to the inability of the bidder to transmit or the Government to receive a bid by any method. Failure to receive a bid may include, but is not limited to the following:
Receipt of a garbled or incomplete bid.
Availability or condition of the sending or receiving electronic equipment.
Incompatibility between the sending and receiving equipment and software.
Malfunctioning of any network, computer hardware or software.
Delay in transmission or receipt of a bid.
Failure of bidder to properly identify the bid.
Security of bid data.
Inability of bidder to enter bid. For example: due to lost or forgotten password or system lock due to repeated login failures.
Unavailability of GSA personnel.
If your bid is not accurately shown or you cannot enter a bid at BidSpotter.com then you should call GSA at 817-978-4246 or 817-978-2331 for assistance.
Each bid received shall be deemed to be a continuing offer for sixty (60) calendar days after the close of the online auction until the bid is accepted or rejected by the Government.
If the Government desires to accept any bid after the expiration of the sixty (60) calendar days, the consent of the bidder shall be obtained prior to such acceptance.
An acceptable bid is one received from a responsible bidder, whose bid, conforming to this IFB, will be most advantageous to the Government.
Subject to the terms and conditions hereinafter provided, a Bidder’s Broker commission is allowed as follows to any properly licensed real estate broker/agent who submits his/her Broker Participation Registration Form according to the terms and conditions of the Invitation for Bids for this sale and whose client is the successful purchaser of the property. Commission is earned only at closing and funding for the total contract price for the property.
Contract Purchase Price
$500,000 and less
$500,001 to $750,000
$750,001 to $1,000,000
$1,000,001 to $2,000,000
$2,000,001 and over
In order to be entitled to any commission, the broker must:
Accompany his/her client to the auction and Register his/her client by filling out the client’s first Bid Form and Buyer’s Broker Participation Registration Form in full, including the signature of the client on the form.
Submit the Bidder’s first Bid Form, Registration Deposit, (per Paragraph 5, Bidder Registration and Deposit, above) AND the Buyer’s Broker Participation Registration Form in person, via fax at 817-978-2063 or mail to: U.S. General Services Administration, Real Property Utilization & Disposal Division (7PZ), 819 Taylor Street, Rm. 11A30, Fort Worth, Texas 76102. Broker forms arriving without their client’s first Bid Form will not be honored. Broker Registration forms sent anywhere other than the above address and fax number will not be honored.
Assist the registration of the client for the auction and encourage bidding.
Abide by the guidelines outlined herein.
Bidder and Bidder’s Broker agree that only the final contract price will be used to establish the commission paid and that the Government’s calculation and communication of said commission amount is final. Government determined commission payment is made by Bidder to Bidder’s Broker and deducted from the full purchase price due to the Government. Brokers are advised to obtain a “Buyer’s Representation Agreement” or other binding agreement with their client as the Government does not guarantee that the Bidder will make the agreed payment nor is this an agreement between the Broker and the Government. No other evidence, documentation, verbal or written or electronic communication provided by the Bidder or Bidder’s Broker may be used to contest the commission amount determined by the Government.
Commission is prohibited if the Bidder is a real estate broker or if the Bidder has a five percent (5%) or more owned equity or interest in the brokerage or if the Bidder is an officer, corporate or organization board member, employer or employee of the brokerage entity that claims to represent the buyer as an agent.
BID EXECUTED ON BEHALF OF BIDDER
A bid executed by an attorney or agent on behalf of the bidder shall be accompanied by an authenticated copy of their notarized Power of Attorney or other evidence of their authority to act on behalf of the bidder.
If the bidder is a corporation, the Certificate of Corporate Bidder, included in this IFB, must be executed. The certificate must be executed under the corporate seal by some duly authorized officer of the corporation other than the officer signing the bid form and placing bids on behalf of the corporation. In lieu of the Certificate of Corporate Bidder, there may be attached to the bid, copies of so much of the records of the corporation as will show the official character and authority of the officer signing, duly certified by the secretary or assistant secretary, under the corporate seal, to be true copies.
If the bidder is a partnership, and all partners sign the bid form, with a notation that they are all general partners, the Government will not ordinarily require any further proof of the existence of the partnership. If all the partners do not sign the bid form, then the names of all those except limited partners must be furnished on the bid and the Government, in its discretion, may require evidence of the authority of the signer(s) to execute the bid on behalf of the partnership. The name(s) and signature(s) of the designated bidder(s) must be included on the Bidder Registration and Bid Form only one bidder is allowed to represent a partnership.
If the bidder is a limited liability company, a certificate of the LLC must be completed and executed by the manager and submitted with the Bidder Registration Form. The Certificate of Corporate/Organization Bidder form may be used for this purpose.
NOTICE OF ACCEPTANCE OR REJECTION
Notice by the Government of acceptance or rejection of the bid shall be deemed to have been sufficiently given when faxed or mailed to the bidder or their duly authorized representative at the fax/phone number or address indicated in the bid. The processing of a bid deposit by the Government shall not, in itself, constitute acceptance of the bidder's offer. The Government reserves the right to reject any or all bids or portions thereof for any reason.
AUCTION SUSPENSION OR CANCELLATION
The Government reserves the right to temporarily suspend or cancel the auction for any reason without award and resume the auction or start a new auction at any time. In the event of a temporary suspension due to technical problems or other bidding issues, the Government will determine the high bidder and the high bid amount, re-open bidding, and allow the auction to proceed according to the bidding terms described herein. The Government reserves the right to cancel the sale at any time and Registration Deposits will be returned to bidders without interest or further obligation by the Government.
ACKNOWLEGMENT AND ACCEPTANCE OF DEED TERMS
Upon award, an unexecuted deed will be delivered to Purchaser by mail. Within five (5) business days of acceptance by Government, the Purchaser must sign and notarize the Grantee acceptance line of the deed and return it to GSA by mail with the earnest money deposit described in Paragraph 15, Ten Percent Deposit and Transaction Closing, to the following address:
U.S. General Services Administration
Real Property Utilization and Disposal (7PZ)
819 Taylor Street, Room 11A30
Fort Worth, Texas 76102-6103
Attn: Veronica Capron Vorva
Failure to provide acknowledgment and acceptance of the deed terms will result in a default and forfeiture of the Registration Deposit.
A sample deed can be found on page 21 of this IFB.
TEN PERCENT BID DEPOSIT AND TRANSACTION CLOSING
Within five (5) business days of acceptance of a bid by the Government, the Purchaser agrees to deposit Earnest Money in the form of a bank certified check or cashier’s check equal at least ten percent (10%) of the total bid. Failure to provide these funds will result in a default and forfeiture of the Registration Deposit. Upon receipt of the Earnest Money deposit, applicable credit card registration deposits will be refunded.
Upon acceptance of a bid, the bid deposit shall be applied towards payment of the Purchaser’s obligation to the Government. The full balance of the purchase price in the form of a certified check, cashier’s check, or electronic wire transfer is payable within thirty (30) calendar days after acceptance of the bid. At the time of closing, all monies paid by the Purchaser will be credited, without interest, toward the total purchase price.
REFUND OF REGISTRATION DEPOSITS
Registration Deposits accompanying bids that are rejected will be refunded to bidders without interest. Bidders who provided Registration Deposits by check may elect to receive the refund by U.S. Treasury check or by an electronic funds transfer (EFT). Bidders will be required to provide GSA with a Taxpayer Identification Number (TIN) to ensure the proper refund of the Registration Deposit by the U.S. Treasury. The TIN may be either a Social Security Number (SSN) or an Employer Identification Number (EIN). The use of an individual's SSN is subject to the Privacy Act of 1974 (5 U.S.C. Section 552a), and will be collected only for the proper refund of the Registration Deposit. Refunds will only be processed to the same individual or entity identified by the TIN. Bidders requesting to receive a refund by EFT will be required to provide additional information to GSA including bank account information to process the refund. Registration Deposits provided by credit card will be credited to the same account number provided.
Upon receipt of the Bid Deposit described in Paragraph 15, Ten Percent Bid Deposit and Transaction Closing, Registration Deposits provided by credit card will be refunded.
Registration Deposits received from the second highest bidder will be held as stipulated in Paragraph 17, Back-up Bidder. All other Registration Deposits will be processed for refunds after the auction. Refunds by U.S. Treasury check or by EFT will be processed in a timely manner but may require several weeks to complete. Refunds to a credit card will usually be processed within three business days.
The second-highest bidder will be the Backup Bidder. The Backup Bidder may be considered for award as the successful bidder for the duration of Continuing Offer period described in Paragraph 8, Continuing Offers, if: 1) the original High Bidder is unable to fully complete the transaction according to the terms and conditions of the IFB; or 2) if the original High Bidder fails to increase its initial bid deposit to the required 10% of the purchase price. The Bidder identified as the Backup Bidder agrees that their Bid remains a bona fide offer with which their Registration Deposit may be retained, without interest, until the High Bidder provides the 10% bid deposit or completes the transaction or both, at the Government’s discretion. During the Continuing Offer period as discussed Paragraph 8, Continuing Offers, the Bidder identified as the Backup Bidder agrees that they will not request a chargeback or any other cardholder refund and understands that a debt to the United States of America may be created if their deposits are in any way unavailable to the Government to which any party that participates in such chargeback or refund may be held accountable as provided in General Terms of Sale Page 6-8, Paragraph 9, Revocation of Bid and Default. When the Backup Bidder is converted to the High Bidder, all terms, conditions and agreements described in the IFB are applicable to the successful bidder.
The Registration Deposit of the Backup Bidder will be returned as described in Paragraph 16, Refund of Registration Deposits, if the Backup Bidder is not converted to the High Bidder. In the event that the Government is unable to complete the transaction with the highest or backup bidder, the Government reserves the right to consider the remaining bid(s) and make an award that is in the best interest of the Government.
GRANTEE AGREES AND ACKNOWLEDGES THAT GRANTOR IS SELLING THE PROPERTY STRICTLY ON AN “AS IS, WHERE IS, WITH ALL FAULTS” BASIS, WITHOUT WARRANTY, EXPRESS OR IMPLIED, WITH ANY AND ALL LATENT AND PATENT DEFECTS. GRANTEE ACKNOWLEDGES THAT GRANTOR HAS MADE THE PROPERTY AVAILABLE FOR INSPECTION BY GRANTEE AND GRANTEE’S REPRESENTATIVES. GRANTEE HAS INSPECTED OR WILL HAVE INSPECTED PRIOR TO CLOSING THE PHYSICAL CONDITION OF THE PROERTY TO THE EXTENT FELT NECESSARY BY GRANTEE, INCLUDING ALL IMPROVEMENTS THEREON, AND ACCEPTS TITLE TO THE SAME “AS IS” IN ITS EXISTING PHYSICAL CONDITION. GRANTEE ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, WARRANTY STATEMENT OR OTHER ASSERTION OF THE UNITED STATES OF AMERICA, AS GRANTOR, INCLUDING ITS AGENCIES OR ANY OFFICIAL, AGENT REPRESETATIVE OR EMPLOYEE OF THE FOREGOING, WITH RESPECT TO THE PROPERTY’S CONDITIONS. EXCEPT AS SET FORTH IN THE CONTRACT, GRANTEE IS RELYING SOLELY AND WHOLLY ON GRANTEE’S OWN EXAMINATION OF THE PROPERY, IS FULLY SATISFIED WITH THE PROPERTY, AND ACCEPTS ANY LIABILITIES OR COSTS ARISING IN CONNECTION WITH THE CONDITION OF THE PROPERY, INCLUDING, BUT NOT LIMITED TO ANY COSTS OR LIABILITIES PERTAINING TO ANY ENVIRONMENTAL CONDITION ON THE PROPERTY. EXCEPT AS SET FORTH IN SECTION A, BELOW, THE UNITED STATES OF AMERICA AND ITS AGENCIES DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND SPECIFICALLY MAKE NO WARRANTIES OF TITLE, HABITABILITY, MERCHANTABILITY, SUITABILITY, FITNESS FOR ANY PURPOSE, OR ANY OTHER WARRANTY WHATSOEVER. GRANTEE IS PUT ON NOTICE THAT ANY PRIOR GRANT AND/OR ENCUMBRANCE MAY BE OF RECORD AND GRANTEE IS ADVISED TO EXAMINE ALL PUBLIC RECORDS AVAILABLE REGARDING THE PROPERTY.
NO EMPLOYEE OR AGENT OF GRANTOR IS AUTHORIZED TO MAKE ANY REPRESETNATION OR WARRANTY AS TO THE QUALITY OR CONDITION OF THE PROPERTY, MERCHANTABILITY SUITABILITY OR FITNESS OF THE PROPERTY FOR ANY USE WHATSOEVER, KNOWN OR UNKNOWN, TO GRANTOR, OR COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS, OR REQUIREMENTS INCLUDING, BUT NOT LIMITED TO, THOSE PERTAININING TO THE HANDLING, GENERATING, TREATING, STORING, OR DISPOSING OF ANY HAZARDOUS WASTE OR SUBSTANCE. IN NO EVENT SHALL GRANTOR BE RESPONSIBLE OR LIABLE FOR LATENT OR PATENT DEFECTS OR FAULTS, IF ANY, IN THE PROPERTY OR FOR REMEDYING OR REPAIRING THE SAME INCLUDING, WITHOUT LIMITATION, DEFECTS RELATED TO ASBESTOS OR ASBESTOS CONTAINING MATERIALS, LEAD, LEAD-BASED PAINT, UNDERGROUND STORAGE TANKS, MOLD, RADON OR HAZARDOUS OR TOXIC MATERIALS, CHEMICALS OR WASTE, OR FOR CONSTRUCTING OR REPAIRING ANY STREETS, UTILITIES OR OTHER IMPROVEMENTS SHOWN ON ANY PLAT OF THE PROPERTY.
NOTHING IN THIS “AS IS” PROVISION WILL BE CONSTRUED TO MODIFY OR NEGATE THE GRANTOR’S OBLIGATION UNDER THE CERCLA COVENANT OR ANY OTHER STAUTORY OBLIGATIONS.
GSA will provide additional copies of this IFB and make every effort to answer requests for additional information concerning the Property to facilitate preparation of bids. Each bid shall be deemed to have been made with full knowledge of all terms, conditions, and requirements contained in this IFB and any amendments made thereto prior to bid acceptance. Bidders may also review the information pertaining to the Property at https://propertydisposal.gsa.gov or RealEstateSales.gov.
WAIVER OF INFORMALITIES OR IRREGULARITIES
The Government may, at its election, waive any minor informality or irregularity in bids received.
NOTICES, COVENANTS, AGREEMENTS, EXCEPTIONS AND RESERVATIONS
The following Notices and Covenants will be inserted in the Quitclaim Deed.
The conveyance of the hereinabove described property is made under and in consideration of the following covenants:
CERCLA AGREEMENTS AND RESERVATIONS TO THE PROPERTY:
Notice Regarding Hazardous Substance Activity. Pursuant to 40 CFR 373.2 and Section 120(h)(3)(A)(i) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (CERCLA) (42 U.S.C. §9620(h)(3)(A)(i)), and based upon a complete search of agency files, the United States gives notice that no hazardous substances have been released or disposed of or stored for one year or more on the Property.
CERCLA Covenant. Grantor warrants that all remedial action necessary to protect human health and the environment has been taken before the date of this conveyance. Grantor warrants that it shall take any additional response action found to be necessary after the date of this conveyance regarding hazardous substances located on the Property on the date of this conveyance.
This covenant shall not apply:
in any case in which Grantee, its successor(s) or assign(s), or any successor in interest to the Property or part thereof is a Potentially Responsible Party (PRP) with respect to the Property immediately prior to the date of this conveyance; OR
to the extent that such additional response action or part thereof found to be necessary is the result of an act or failure to act of the Grantee, its successor(s) or assign(s), or any party in possession after the date of this conveyance that either:
results in a release or threatened release of a hazardous substance that was not located on the Property on the date of this conveyance; OR
causes or exacerbates the release or threatened release of a hazardous substance the existence and location of which was known and identified to the applicable regulatory authority as of the date of this conveyance; OR
in the case of a hazardous substance(s) previously unknown by Grantor and Grantee as of the date of this conveyance but which is hereafter discovered by Grantee, its successor(s) or assign(s), or any party in possession and where after such discovery, Grantee, its successor(s) or assign(s), or any party in possession thereafter causes or exacerbates a release or threatened release of such hazardous substance(s).
In the event Grantee, its successor(s) or assign(s), seeks to have Grantor conduct any additional response action, and, as a condition precedent to Grantor incurring any additional cleanup obligation or related expenses, the Grantee, its successor(s) or assign(s), shall provide Grantor at least 45 days written notice of such a claim. In order for the 45-day period to commence, such notice must include credible evidence that:
the associated contamination existed prior to the date of this conveyance; and
the need to conduct any additional response action or part thereof was not the result of any act or failure to act by the Grantee, its successor(s) or assign(s), or any party in possession.
Access. Grantor reserves a right of access to all portions of the Property for environmental investigation, remediation or other corrective action. This reservation includes the right of access to and use of available utilities at reasonable cost to Grantor. These rights shall be exercisable in any case in which a remedial action, response action, or corrective action is found to be necessary after the date of this conveyance, or in which access is necessary to carry out a remedial action, response action, or corrective action on adjoining property. Pursuant to this reservation, the United States of America, and its respective officers, agents, employees, contractors, and subcontractors shall have the right (upon reasonable advance written notice to the record title owner) to enter upon the Property and conduct investigations and surveys, to include drilling, test-pitting, borings, data and records compilation and other activities related to environmental investigation, and to carry out remedial or removal actions as required or necessary, including but not limited to the installation and operation of monitoring wells, pumping wells, and treatment facilities. Any such entry, including such activities, responses or remedial actions, shall be coordinated with record title owner and shall be performed in a manner that minimizes interruption with activities of authorized occupants.
ADDITIONAL AGREEMENTS REGARDING ENVIRONMENTAL MATTERS
No warranties, either expressed or implied, are given with regard to the condition of the Property including, without limitation, whether the Property does or does not contain asbestos or is, or is not safe for a particular purpose. The failure of any Bidder to inspect, or be fully informed as to the condition of all or any portion of the Property offered, will not constitute grounds for any claim or demand for adjustment or withdrawal of a bid or offer after its opening or tender.
The description of the Property set forth in the IFB and any other information provided therein with respect to said Property is based on the best information available to the disposal agency and believed to be correct, but an 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 non-performance of the contract of sale, or any claim by the Purchaser against the Government including, without limitation, any claim for allowance, refund, or deduction from the purchase price.
The Purchaser agrees to indemnify, release, defend, and hold harmless the United States, its agencies, employees, agents, assigns, and successors from and against any liability, judgment, claim, penalty, fine, or other adverse action (whether legal or equitable in nature, and including without limitation, court costs and attorneys’ fees) brought against the United States after the date of this agreement by any person or entity under any Federal, State, or local law, including but not limited to environmental and tort laws, with respect to: (a) any lead-based paint and/or asbestos-containing building materials associated with the Property; (b) violations of Federal, State, and local laws and regulations which are now or may in the future become applicable to the Property, subject to the remedial action covenant and warranty provided above by the UNITED STATES OF AMERICA in accordance with 42 USC § 9620(h); and (c) releases or threatened releases on the Property, or into the environment, of solid or hazardous waste, hazardous substances, or oil or petroleum products or their derivatives, after the date of this Deed. This covenant to indemnify, release, defend, and hold harmless THE UNITED STATES OF AMERICA shall survive the subsequent conveyance of all or any portion of the Property to any person and shall be construed as running with the real property, and may be enforced by THE UNITED STATES OF AMERICA in a court of competent jurisdiction.
The following Agreements and Notifications will be inserted in the Quitclaim Deed.
The conveyance of the hereinabove described property is made under and in consideration of the following agreements and notifications:
Grantee hereby agrees to comply with any and all applicable Federal, State and local laws relating to the management of lead-based paint and asbestos containing material associated with the property, including but not limited to, any such laws relating to the mitigation, abatement, remediation, cleanup, renovation, demolition, and disposal of lead-based paint and asbestos containing building material. Accordingly, Grantee hereby agrees to indemnify, release, defend, and hold harmless the United States of America, its agencies, employees, agents, assigns, and successors from and against any liability, judgment, claim, penalty, fine, or other adverse action (whether legal or equitable in nature, and including without limitation, court costs and attorney’s fees) brought against the United States of America after the date of this deed by any person or entity under any Federal, State or local law, including, but not limited to environmental and tort laws, with respect to any lead-based paint and/or asbestos-containing building material associated with the property. This covenant to indemnify, release, defend and hold harmless the United States of America shall survive the subsequent conveyance of all or any portion of the property to any person and shall be construed as running with the real property and may be enforced by the United States of America in a court of competent jurisdiction.
Notice of Presence of Lead-based Paint (LBP)
The Purchaser of any interest in real property on which a building was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller’s possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to converting the property to a residential dwelling.
Asbestos Containing Materials
Bidders are warned that the Property contains asbestos-containing materials. Unprotected or unregulated exposures to asbestos in product manufacturing, shipyard, and building construction workplaces have been associated with asbestos-related diseases. Both the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) regulate asbestos because of the potential hazards associated with exposure to airborne asbestos fibers. Both OSHA and EPA have determined that such exposure increases the risk of asbestos-related diseases, which include certain cancers and which can result in disability or death.
Bidders are invited, urged, and cautioned to inspect the Property to be sold prior to submitting a bid. More particularly, bidders are invited, urged, and cautioned to inspect the Property as to its asbestos content and condition, and any hazardous or environmental conditions relating thereto. The Government will assist bidders in obtaining any authorization(s) which may be required in order to carry out any such inspection(s). Bidders shall be deemed to have relied solely on their own judgment in assessing the overall condition of all or any portion of the Property including, without limitation, any asbestos hazards or concerns.
No warranties either express or implied are given with regard to the condition of the Property including, without limitation, whether the Property does or does not contain asbestos or is or is not safe for a particular purpose. The failure of any bidder to inspect, or to be fully informed as to the condition of all or any portion of the Property offered, will not constitute grounds for any claim or demand for adjustment or withdrawal of a bid or offer after its opening or tender.
The description of the Property set forth in this IFB and any other information provided therein with respect to said Property is based on the best information available to the disposal agency and is believed to be correct, but an 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 any claim by the Purchaser against the Government including, without limitation, any claim for allowance, refund, or deduction from the purchase price.
The Government assumes no liability for damages for personal injury, illness, disability or death, to the Purchaser, or to the Purchaser's successors, assigns, employees, invitees, licensees, or any other person subject to Purchaser's control or direction, or to any other person, including members of the general public, arising from or incident to the purchase, transportation, removal, handling, use, disposition, or other activity causing or leading to contact of any kind whatsoever with asbestos on the Property which is the subject of this sale, whether the Grantee, its successors or assigns has or have properly warned or failed properly to warn the individual(s) injured.
The Grantee further agrees that in its use and occupancy of the Property it will comply with all Federal, state, and local laws relating to asbestos.
Possible Presence of Mold Notification
The Grantee is notified that various forms of mold may be present at various locations in the subject building(s) on the Property. Molds and mold growth may create toxins that can cause adverse health reactions to some humans after exposure, and which falls within the CERCLA “Limitations on Response” standards found at 42 U.S.C. 9604 (a)(3). The Federal Government has not set Standards or Threshold Limit Values for airborne concentrations of mold or mold spores.
Information provided to Grantee with respect to the Property is based on the best information available to the U.S. General Services Administration and is believed to be correct, but any error or omission, including, but not limited to the omissions of any information available to the agency having custody over the Property and/or any Federal agency, will not constitute grounds for liability for damages against Grantor for personal injury, illness, disability, or death, to the Grantee, its successors, assigns, employees, invitees, or any other person subject to the Grantee’s control or direction.
Notice of Pesticides Application
The Grantee is notified that the Property may contain the presence of pesticides that have been applied in the management of the property. The United States knows of no use of any registered pesticide in a manner inconsistent with its labeling, and believes that all applications were made in accordance with the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA -- 7 U.S.C. Sec. 136, et seq.), its implementing regulations, and according to the labeling provided with such substances. Furthermore, that in accordance with the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA -- 42 U.S.C. Sec. 9601, et seq.), the use of such substances is not a "release" (as defined in CERCLA, 42 U.S.C. Sec. 9601 (22)), but instead the use of a consumer product in consumer use (42 U.S.C. Sec. 9601(9)), and the application of a pesticide product registered under FIFRA for which recovery for response costs is not allowed (42 U.S.C. Sec. 9607(i)).
The following Exceptions will be inserted in the Quitclaim Deed.
This deed and conveyance is expressly made subject to the following matters to the extent the same are valid and subsisting and affect the Property:
All existing licenses, permits, easements and rights-of-way for public streets, roads and highways, public utilities, electric power lines, electric transmission facilities, railroads, pipelines, ditches, conduits and canals on, over and across said land, whether or not of record.
All existing interest(s) reserved to or outstanding in third parties in and to water rights, ditch rights, as well as oil, gas, and/or minerals, whether or not of record.
All other existing interests reserved by any grantor(s) in chain of title unto said grantor(s), their respective successors and assigns, which affect any portion of the Property interest(s) hereinabove described, whether or not of record.
Any survey discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments, or protrusions, or any overlapping of improvements which may affect the subject Property.
Existing zoning ordinances or resolutions, soil conservation district rules and regulations, and water conservancy district rules and regulations, filed of public record and affecting all or any portion of the subject property.