Public Notice of Sale of Municipal Lands In The City of Salem

September 22, 2020

TAKE NOTICE that the City of Salem, by Resolution September 14, 2020 will sell at public auction on Thursday, October 8, 2020 at 10:00 A.M. at 1 New Market Street, Salem New Jersey at which time bids will be received for the following parcels:

Block          Lot             Street Address                             Minimum Bid

64                15                 213 Church Street                           $2,000.00

64                16                 215 Church Street                           $2,000.00

60                 6              43-45  Chestnut Street                    $4,000.00


The City of Salem hereby imposes the following conditions of sale:

  1. Any person bidding upon the land and premises shall, by act of bidding accept the terms and conditions of sale as set forth in the Resolution authorizing the sale, the advertisement for sale and conditions made known at the time of auction.
  2. Offers may be made by an individual, corporation or governmental entity with any or all acting on their own behalf.
  3. No bid will be acceptable unless it is made orally.  Unless a bid shall exceed a bid immediately preceding it by at least five hundred ($500.00), it shall not be acceptable. The bid shall not be assignable.
  4. The City reserves the right to withdraw from sale any of the lands and premises for any reason whatsoever prior to the time the lands and premises are struck off to the successful bidder.
  5. Upon the close of bidding the highest qualified bidder, as designated by the Township Clerk or his designee, shall submit 10% of the final bid in cash or by certified check made payable to the City of Salem and shall immediately execute an offer to purchase at his bid price, which offer shall include the terms and conditions specified herein. Said offer shall be irrevocable for sixty (60) days from the date of the public sale. This deposit shall be made subject to return in the event of rejection of said offer by the City Council. If the bidder leaves the public auction without submitting the deposit as required, the property may immediately be exposed for sale, subject to these same conditions.
  6. All bids shall be referred to the City Council for review and final approval pursuant to N.J.S.A. 40A:12-13a. The City reserves the right to accept the highest bid or to reject any and all bids under either or both options A and/or B as described in Paragraph 16 hereof, including the highest bid, and shall make its decision known by resolution no later than the second regular meeting of the City Council following the sale.
  7. Title shall be conveyed by Quit Claim Deed without covenants and with restrictions set forth herein with final payment to be made in cash or certified bank check at a closing at a reputable title company at a time to be arranged between the purchaser and the City of Salem no later than 60 days from the date of approval of the sale by the City Council. At settlement, the City will deliver a copy of the Deed.  The successful bidder shall be responsible for the costs of sale including, but not limited to the cost of advertisement for the sale, title search fees, insurance fees, appraisal fees, survey fees, recording fees and other such costs of sale. The City is not obligated to incur these expenses or provide these services.
  8. All lands and premises are sold in an “AS IS” condition. The City has performed no inspections to verify the condition and makes no representations regarding the same. The lands and premises shall be subject to all restrictions, easements, encumbrances, rights of way, zoning ordinances, exceptions, liens, if any and whether any or all are known or unknown and whether or not of record. All lots are conveyed subject such facts as an accurate survey would reveal and any present or future assessments for the construction of improvements benefiting said property.
  9. The City makes no representations and gives no warranties as to the environmental conditions of the properties. To the extent that the properties have ever been used for industrial purposes or to the extent that a hazardous substance as defined under any environmental law defined hereafter has been released on the properties, the City of Salem and purchaser acknowledge that the sale of the properties may be subject to compliance with the Brownsfield and Contamination Site Remediation Act, N.J.S.A. 58:10B-1, et seq., the regulations promulgated thereunder,  any amending or successor regulations and other Environmental laws as defined herein. Environmental laws means federal, state and local laws and regulations, common law, orders and permits governing and protecting the environment, including, but not limited to the Comprehensive Environmental Response, Compensation and Liability Act, 42, U.S.C. 9601, et seq., as amended CERCLA, the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 1251, et seq, the Clean Air Act, The Toxic Substance Control Act, the Spill Comprehensive and Control Act, N.J.S.A. 13:1-1 et seq and any amendments thereto together with any other similar laws regulating the environment existing at the time of coming into existence in the future. Purchases of properties acknowledge that they are taking the properties subject to all environmental conditions existing at the properties. Purchasers agree to indemnify, defend and hold harmless the City of Salem from all liability for any claims relating to any contamination or violations of any Environmental laws, as defined above regardless of whether the conditions existed prior to or following closing. The representations and warranties contained in this paragraph shall survive closing.
  10. No representations, covenants, promises or warranties are made by the City of Salem as to title. Responsibility for determining clear and marketable title rests solely with the bidders. The property shall be otherwise sold subject to all existing federal, state, county and municipal laws, including, but not limited to zoning, health, planning laws, rules and regulations. If, for any reason, a marketable title cannot be delivered by settlement day, because of certain defects against the title held by the City, the City reserves the right to extend the date of settlement by 60 days to cure the defect.  In case the defect cannot be removed within the 60 days, or as otherwise extended by agreement, either party has the right to cancel the agreement by providing written notice to the other and the City shall return the deposit monies. After the monies are returned, the parties will have no further obligation to the other with respect to the sale of the property.
  11. If the successful bidder defaults, the deposit made at the sale shall be retained by the City of Salem as liquidated damages and shall entitle the City to rescind prior bid approval and terminate any and all rights of the designated bidder in said property.
  12. The governing body shall be prohibited from authorizing or approving the sale or transfer of municipal property to any person, partnership, corporation, professional association, limited liability company or other taxable entity unless the Tax Collector shall certify that the purchaser, transferee, or any partner, shareholders in any corporation or principal or party in interest in any entity shall be free from monetary obligation owing to the City by way of municipal taxes, fees, water and sewer charges, assessments, judgments or any other indebtedness created by law. The governing body shall be prohibited from authorizing or approving the sale or transfer of municipal property to any person, partnership, corporation, professional association, limited liability company or other taxable entity unless the Code enforcement official shall certify that the purchaser, transferee or any partner, shareholders in any corporation or principal or party in interest in any entity shall be free from violation of any property maintenance code, Uniform Construction Code, zoning ordinance, vacant property registration ordinance or any other regulation or ordinance regarding property that the person or entity owns in the City of Salem.
  13. .Any entity submitting a bid shall complete an ownership disclosure statement at the time of making the deposit.
  14. The purchaser shall rehabilitate any property conveyed herein that does not meet current building code, property maintenance code, zoning requirements or otherwise at the time of sale. Rehabilitation of the property means that the property shall be renovated in accordance with all building code, property maintenance code, zoning code requirements for residential use and all other applicable ordinances, regulations  and New Jersey Statutes related to the use of the property.  Such rehabilitation shall be completed within 18 months of the sale. The purchaser shall obtain a certificate of occupancy prior to occupancy in accordance with the City requirements for the same. The purchaser shall comply with any and all permits or approvals before any work, repairs, demolition or construction is performed. The buildings shall be boarded or otherwise secured to prevent unauthorized entry or use when vacant and during the rehabilitation.
  15. If the conditions are not satisfied within the required time frame, the lands and premises shall revert to the City, free and clear of any and all claims, encumbrances or other liens. The City of Salem retains a reversionary interest in all tracts sold for the purpose of assuring compliance with the conditions of sale in 13 above. The deed conveying the property shall include these restrictions and right of reversion. The City shall also maintain an easement to enter the property to ensure that the conditions are satisfied.
  16. The Bids shall be received for the property subject to the conditions or restrictions imposed, easement and reversionary interest to be retained by the City under paragraph 14 above as Option A. Pursuant to the Local Lands and Buildings Law, N.J.S.A. 40A:12-13 (a), the bidder shall also submit a Bid under Option B, for the property to be sold free of the restrictions, interest of the City and reversionary interest on the part of the City. The City may elect or reject either or both options and the highest bid for each.   Such acceptance or rejection shall be made not later than the second regular meeting of the governing body following the sale and if the governing body shall not so accept such highest bid, or reject all bids, said bids shall be deemed to have been rejected.