The New York State Department of Transportation



The New York State Department of Transportation

Region 5 – Office of Real Estate

Offers Surplus Real Property

for Sale by

Public Sealed Bid Auction

This auction offers for sale by sealed bid one parcel of land located in

the Town of Hamburg, Erie County.

Bidding Period:

Sealed Bids will be accepted until 4:00 pm Thursday, June 10, 2010

Bid Opening:

Sealed Bids will be publicly opened Friday, June 11, 2010, at 10:00 am in the Region 5 Office of the Department of Transportation located at

100 Seneca Street in Buffalo, New York

Submit Sealed Bids to:

Sealed Bid

Attention: P. Mitalski

New York State Department of Transportation

Region 5 – Office of Real Estate

100 Seneca Street

Buffalo, New York 14203

New York State Department of Transportation

|David A. Paterson | Stanley Gee |

|Governor |Acting Commissioner |

Table of Contents

Location – Department of Transportation, Region 5 Office 1

General Information 2

Terms and Conditions of Sale 3

Frequently Asked Questions 6

Instructions for Sealed Bids 8

Parcel Location & Information

Location Map 9

Parcel 2262 Information 10

Forms

Sealed Bid Form f-1

Sealed bids must be submitted on this form

Authorization to Bid Form f-2

Complete only if authorizing someone to bid on your behalf

Sample – Bid Confirmation f-3

Successful bidders will complete this form after the bid opening

Location – Department of Transportation, Region 5 Office

New York State Department of Transportation

Region 5 – Office of Real Estate

100 Seneca Street

Buffalo, New York 14203

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100 Seneca Street is located between the Elm Street off-ramp and the Oak Street on-ramp to the I-190 (Exit 6, New York State Thruway – Niagara Section). On-premise visitor parking is available, but limited. Public (paid) parking lots are located on both Swan and Seneca Streets east of Elm Street. Entrance to the building is at the south end of the building (closest to Seneca Street). Photo identification is required for admittance.

Via the New York State Thruway

Take the I-190 (Niagara Section of the Thruway) to Exit 6 (Elm Street). At the traffic signal at the end of the off-ramp, turn left onto Swan Street (NY Route 16). Then turn left into the first driveway.

Via the Kensington Expressway (NY Route 33)

Take the westbound Kensington Expressway into the City of Buffalo. Continue south on Oak Street approximately 11 blocks. Seneca Street is located at the last traffic signal before the ramp to the I-190. Turn left onto Seneca Street. Then turn left into the first driveway.

Via Metro Rail

Take the Metro Rail to the Seneca Street Station. Walk two blocks east along Swan Street.

100 Seneca Street is located east of Oak Street

General Information

1. Policy Statement – The New York State Department of Transportation offers for sale by public auction, in accordance with Section 30, Subdivision 18 of the New York State Highway Law, property no longer required for highway purposes. It is understood that any of the properties being offered for sale are subject to withdrawal on or before the date of the auction.

2. Standard Terms and Conditions of Sale – The Standard Terms and Conditions of Sale are printed on the following pages, and contain complete information of the auction’s terms. We urge you to read them carefully.

3. Sealed Bid Sale – Please refer to the instructions for submitting sealed bids located on page 8 of this brochure. Sealed bids will be accepted by the Region 5 – Office of Real Estate only during the bidding period. Bids received after 4:00 pm on the last day of bidding period will not be opened.

4. Non-Collusive Bidding – It is illegal for people to agree, either before or after the bidding, to hold down the price(s) at auctions by not bidding against one another. Violators will be prosecuted to the full extent of the law. Every successful bidder for real property auctioned by the New York State Department of Transportation shall be required to subscribe to a “Non-Collusive Bidding” statement included in the Bid Confirmation. The statement shall be affirmed by the bidder as true under the penalty of perjury.

5. Zoning and Maps – Prospective purchasers are urged to contact the following agencies for information regarding the properties being offered at this Public Auction:

a. To verify auction requirements or for general questions concerning the properties, contact the New York State Department of Transportation, Real Estate Group at (716) 847 – 3454.

b. For information on zoning, contact the municipality in which the property is located.

c. Original acquisition maps will be available for perusal at the office of the New York State Department of Transportation, Office of Real Estate, located at 100 Seneca Street, Buffalo, New York 14203.

6. The information in this booklet is available for the convenience of prospective purchasers, and is as accurate as can reasonably be provided. It is emphasized that any of the properties being offered may be withdrawn from sale on or before the date of the auction.

7. Please call (716) 847-3454, if a sign language interpreter, assistive listening system, or any other accommodation will be required to facilitate your participation in this public auction.

Terms and Conditions of Sale

1. All properties being sold at public auction are being offered pursuant to the New York State Highway Law, Section 30, Subdivision 18.

2. The Commissioner of Transportation reserves the right to reject any or all bids and may re-advertise for new bids if, in his opinion, the best interests of the State of New York will thereby be promoted. In the event the Commissioner exercises his right to reject any or all bids, the high bidder shall be entitled only to the return of the sum paid pursuant to the bid, and the parties shall be mutually released of all obligations under the terms of the sale.

3. A valid bid must equal or exceed the minimum accepted bid.

4. Sealed bids will be accepted during the bidding period indicated on the first page of this brochure. All bids must be submitted in a sealed envelope, and accompanied by a certified or cashier’s check for the earnest money deposit. Bids received without a check for the earnest money deposit will not be considered for the sale. Bids received after 4:00 pm on the last day of bidding period will not be opened.

5. Sealed bids will be publicly opened at the place and time indicated on the first page of this brochure. Bidders do not have to be present at the bid opening. The successful bidder will be required to execute a Bid Confirmation. Checks for the earnest money deposit will be returned to unsuccessful bidders.

6. When the bid is officially accepted, an Agreement of Sale will be sent to the successful bidder for execution. A certified or cashier’s check for the balance of the deposit is due within 10 days of notification that the bid has been accepted. The remaining purchase price will be due and payable on the date of closing and should be paid by certified or cashier's check. Cash will not be accepted.

7. The State shall convey said property by Quitclaim deed in form as prepared by the Attorney General. The deed shall convey all property and property rights which are shown and described on the conveyance map(s).

In the event that the successful bidder wishes to use a different description than that used in the conveyance map, the bidder shall provide the State with a survey of the property; said survey shall be certified by a licensed surveyor and guaranteed to the State of New York.

8. The closing will take place, 30 to 45 days after notice by the State that the Agreement of Sale has been approved, at a time and place mutually agreed upon by the parties, time being of the essence as to the performance by the purchaser. The State, at its sole discretion, reserves the right to extend the date of the closing until it is prepared to deliver the deed, it being understood, however, that the Purchaser will be advised in advance, in writing, of any delay and extension.

9. The State shall convey said property subject to all zoning laws and the Purchaser understands that no representation is made by the State as to future permitted use, occupancy or zoning of the property.

10. The Purchaser understands that all real property and the improvements thereon, if any, are sold in their "AS IS" condition on the date of auction, subject to ordinary wear and tear and deterioration which can reasonably be anticipated from its condition at the time of auction to date of closing.

11. The risk of loss or damage by fire or otherwise, between the date of auction and the transfer of title, shall be governed by Section 5-1311 of the General Obligations Law of the State of New York.

12. In the event that the State is unable to convey title to the Purchaser, the State's sole liability shall be to return the Purchaser's down payment and the sale shall be considered cancelled.

13. Upon default by Purchaser, the State may elect to enforce specifically the obligations of the Purchaser or to terminate the obligations of the Purchaser and retain as liquidated damages any payments made hereunder by Purchaser. If such payments are inadequate to compensate the State for damages, the State may exercise its rights to sue for damages for Purchaser's default. Notice of such election by the State shall be in writing and delivered to Purchaser by registered mail.

14. The Purchaser may not enter upon the property prior to transfer of title without prior written permission of the State.

15. The Purchaser shall pay for any documentary stamps required to be affixed to the deed as well as any fees for recording, conveyance, taxes or revenue charges which may be in force at the time of the delivery of the deed.

16. The State shall not be liable for payment of brokerage commissions.

17. No assignment of the purchase will be recognized by the State.

18. Purchaser understands that the sale is subject to the following:

a. All enforceable covenants, conditions, easements, restrictions, reservations and agreements of record affecting the property

b. Any state of facts an inspection of the premises may show

c. Any state of facts an accurate survey may disclose

d. Laws and governmental regulations which affect the use and occupancy of subject premises

e. The rights of tenants and persons in possession, if any

f. Encroachments, if any

19. The terms and conditions of sale shall constitute the entire Agreement made between the parties and cannot be changed orally.

20. Non-Collusive Bidding:

It is illegal for people to agree either before or after the bidding to hold down the price(s) at auctions by not bidding against one another. Violators will be prosecuted to the full extent of the law.

Every successful bidder for property auctioned by the New York State Department of Transportation shall be required to subscribe to a "Non-Collusive Bidding" statement which is to be included in the Bid Confirmation of the property. The statement shall be affirmed by the bidder as true under the penalties of perjury.

By signing the Bid Confirmation, each bidder and each person signing on behalf of any bidder certifies, under the penalty of perjury, that to the best of his knowledge and belief:

a. The bid price has been made independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such bid with any other bidder or with any competitor;

b. No attempt has been made to induce any other person, partnership, or corporation to bid or not to bid for the purpose of restricting competition.

Frequently Asked Questions

1. Q. What is the present zoning for these parcels?

A. The State of New York makes absolutely no representations regarding the zoning of the parcels offered, or the suitability of the parcels for particular individual needs. It is the responsibility of prospective bidders as competent, reasonable, and prudent auction participants to investigate all zoning and local ordinances prior to bidding with the appropriate and proper local authorities. Zoning is a local matter, and is beyond the State’s control.

We urge you to contact the appropriate municipality for information concerning zoning.

2. Q. What is the minimum I can bid?

A. The minimum bid for each property, along with the required earnest money deposit, and a sketch of the property can be found with the parcel information in this brochure.

3. Q. If there are no bidders on a parcel at this sale, will the parcel come up for sale again?

A. If no bids are made, the parcel may be re-evaluated and may be re-offered at public auction at a future date.

4. Q. I am the successful bidder on a parcel; however the property is presently occupied. How do I claim possession?

A. You are not legally the owner of the property until title has closed and you have received the deed. If the property is still occupied at the time of closing, you will become responsible for claiming possession in whatever legal manner you may deem necessary. All properties are sold subject to the existing occupancy.

5. Q. How much money is due when the sealed bid is submitted?

A. A certified or cashier’s check for the required earnest money deposit must be included in the sealed envelope with your bid. The required earnest money deposit for each property is listed with the parcel information in this brochure.

6. Q. Is a personal check or cash acceptable?

A. NO. All payments must be by either a certified or cashier’s check payable to the New York State Department of Transportation

8. Q. What is a Bid Confirmation?

A. It is a form, which when executed, acknowledges you as the high bidder for a property, binding you to the Terms and Conditions of Sale, provided on the previous pages.

9. Q. When must I pay the balance due on the purchase of this property?

A. The balance of the down payment must be paid within ten (10) days of the acceptance of the bid at which time an Agreement of Sale will be executed. The remaining balance of the purchase price will be due and payable on the date of closing which should occur within sixty (60) days of execution of the Agreement of Sale.

10. Q. May I bid for someone else?

A. Yes, as long as you are authorized to do so, and have included a completed Authorization to Bid with your sealed bid. An Authorization to Bid can be found on page f-2 of this brochure.

Instructions for Sealed Bids

1. Bids must be submitted on the Sealed Bid Form found on page f-1 of this brochure.

2. All bids must be accompanied by a certified or cashier’s check for the amount of the earnest money deposit. Bids submitted without a certified or cashier’s check for the earnest money deposit will not be considered for the sale.

3. If you are submitting a bid on behalf of another person, please include an Authorization to Bid with your sealed bid. This form can be found on page f-2 of this brochure.

4. Bids, along with the earnest money deposit, must be submitted in a sealed envelope and delivered to:

Sealed Bid

Attention: P. Mitalski

New York State Department of Transportation

Region 5 – Office of Real Estate

100 Seneca Street

Buffalo, New York 14203

5. Delivery of sealed bids can be made in person, by U.S. Mail, or by private delivery service.

6. All sealed bids must be received by the Region 5 – Office of Real Estate (100 Seneca Street, Buffalo, New York 14203) by 4:00 pm on Thursday, June 10, 2010. Bids received after 4:00 pm June 10, 2010 will not be opened.

7. It is the bidder’s responsibility to ensure that his/her bid is received by the Region 5 – Office of Real Estate before the 4:00 pm deadline on June 10, 2010. Delivery to the building does not guarantee receipt by the Office of Real Estate.

8. Bidders may request a written receipt upon delivery to the Region 5 – Office of Real Estate.

9. The Region 5 – Office of Real Estate will not be responsible for lost, delayed, or misdirected bids.

10. Public opening of the sealed bids will take place on Friday, June 11, 2010 at 10:00 am in the Region 5 Office of the New York State Department of Transportation located at

100 Seneca Street in Buffalo, New York.

11. Bidders may, but are not required to, be present at the bid opening.

12. The successful bidder will be notified, and required to complete a Bid Confirmation.

13. Checks for the earnest money deposit will be returned to unsuccessful bidders.

14. For questions concerning the sealed bid process, please call (716) 847 – 3454.

Location Map – Parcel 2262

Erie County

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Village of Hamburg

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Parcel 2262

Minimum Accepted Bid: $9,500

Ernest Money Deposit: $950

Location: Town of Hamburg, Erie County – 6595 Gowanda State Road (NY Route 75/US Route 62). Tax Parcel #195.16-3-25.

Description: Vacant, irregularly-shaped parcel consisting of 17,087± sq. ft. (0.392± acre) with 113± feet of frontage along Gowanda State Road.

Terms and Conditions:

Parcel 2262 will be conveyed as acquired (S.H. No. 523; Hamburg-North Collins, Map 97-D, Parcel 92), and with access to Gowanda State Road.

The balance of the down payment, due within 10 days of bid acceptance, must equal or exceed 10% of the total bid less the earnest money deposit.

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Forms

Sealed Bid Form f-1

sealed bids must be submitted on this form

Authorization to Bid f-2

complete only if authorizing someone to bid on your behalf

Sample – Bid Confirmation f-3

successful bidders will complete this form after the bid opening

Sealed Bid Form

Sealed Bid

Attention: P. Mitalski

New York State Department of Transportation

Region 5 – Office of Real Estate

100 Seneca Street

Buffalo, New York 14203

Pursuant to the auction brochure for the sale of surplus property Parcel 2262, which is located at 6595 Gowanda State Road, in the Town of Hamburg, Erie County,

I am submitting a bid in the amount of ($ _______________________ )

_______________________________________________________________________ dollars.

(amount in words)

Enclosed is a certified or cashier’s check for the amount of $_________________for the earnest money deposit.

|Date: | |

|Bidder: | |

| |Legal Name (person(s), corporation, or partnership) |

|By: | |

| |Name and Title |

|Address: | |

| | |

| | |

|Telephone: |( ) |

The successful bidder will be notified in writing once the bid is approved. Checks will be returned to unsuccessful bidders.

Authorization to Bid

On Surplus Real Property Offered for Sale by the

New York State Department of Transportation Real Estate Division

I ______________________________________________________________ hereby authorize

(print name of bidder-principal)

____________________________________________________________ to bid on my behalf

(print name of bidder in attendance)

at public auction for the following properties:

|Identify below the parcel(s) on which bidding is authorized: |

|Limiting Instructions (if none, so state): |

| | | |

|Signature of bidder-principal | |Date |

|Company (if applicable) | |

|Address | |

|City, State, Zip | |

|Telephone |( ) |

Bid Confirmation

New York State Department of Transportation

For property sold by sealed bid

Identified As:

|Surplus Property Case No. | | |

|Project | | |

|Town/County | | |

|Map(s)/Parcels(s) | | |

(I) (We) hereby acknowledge that (I) (we) have this day purchased by public auction the premises described as Parcel ____________________ in the Surplus Property Brochure for the sum of $_______________ dollars. (I) (We) hereby agree to comply with the Terms and Conditions of Sale as included in the Surplus Property Brochure, having paid to the State the sum of $_______________ dollars on account toward the purchase price. (I) (We) further agree to forfeit said deposit to the use of the seller should (I) (we) fail to comply with the Terms and Conditions of Sale as defined in the Sales Brochure.

| | | |

|Bidder – Please Print Legibly | |Telephone |

| | | |

|Street Address | |City, State, Zip Code |

|1. |Total Amount of Bid | |$ |

|2. |Less Earnest Money Deposit (if applicable) * | |$ |

|3. |Remaining Balance | |$ |

|4. |Less Remaining Down Payment * | | |

| |(Due within 10 days of bid acceptance) | |$ |

|5. |Balance Due at Closing ** | |$ |

* Items 2 and 4 must equal 10% of Total Bid (or Sale Price).

** Item 5 must equal 90% of Total Bid (or Sale Price).

By signing the Bid Confirmation, each bidder and each person signing on behalf of any bidder certifies, under penalty of perjury, that to the best of their knowledge and belief:

A. The bid price has been made independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such bid with any other bidder or with any competitor.

B. No attempt has been made to induce any other person, partnership, or corporation to bid or not to bid for the purpose of restricting competition.

|Signature: | |Date: | |

| | | | |

|Signature: | |Date: | |

| | |State of New York |

|Notary Public | |County of |

| | | |

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