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IN RE: REAL ESTATE SITUATE AT
DYKEMAN ROAD & SOUTH PENN STREET
: COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNA.
: NO. q %'• G 2 31 Le"up:! -rd-
BOROUGH OF SHIPPENSBURG
CUMBERLAND COUNTY, PENNA.
: CIVIL ACTION - LAW
ORDER
AND NOW, this ? §ay of ?, 1999, having considered the within Petition
for Leave to Sell Real Property, it is hereby ORDERED that a hearing be held at 1" 40 4.m.
on Amd m , thca&?day of1999 for the purpose of hearing
testimony on said Petition.
Notice of said hearing shall be published one time in a newspaper of general circulation,
not less than seven (7) days or more than thirty (30) days prior to the date set for hearing.
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RED-OFFICE
OF ?YE P.s0THWTARY
99 OCT 19 Phi 3: 41
CUMBBEtC U%IND MCo ?
IN RE: REAL ESTATE SITUATE AT
DYKEMAN ROAD & SOUTH PENN STREET
: COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNA.
NO. 917-6.291
Cu;? Te.
BOROUGH OF SHIPPENSBURG
CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW
PETITION FOR LEAVE TO SELL REAL PROPERTY
NOW COMES, the Borough of Shippensburg, by and through its Counsel, and files the
within Petition as follows:
1. The Borough of Shippensburg, Cumberland and Franklin Counties, Pennsylvania is a
Pennsylvania Borough having been chartered pursuant to the Act of 1834, April 1, P.L. 163.
2. The Borough Council is the elected body for the government of the Borough of
Shippensburg.
3. The Borough of Shippensburg acquired certain property within the Borough's limits
among which is a vacant tract of land approximately 6.49161 acres situate at the southeast comer
of Dykcman Road and South Penn Street within the area known as the Shippensburg Industrial
Park (hereinafter the "Property").
4. Pursuant to the adoption of Resolution No. 99-021, Borough Council approved the
sale of the aforesaid property via public auction pursuant to the Pennsylvania Borough Code, 53
P.S. §46201, setting a minimum acceptable bid of Thirty Thousand Dollars ($30,000.00) per
acres. See Resolution No. 99-021 attached as Exhibit "A".
5. The American Legion was the successful bidder at a public auction held by and duly
noticed by the Borough on October 6, 1999 with a bid of Thirty Thousand Dollars ($30,000.00)
per acre or One Hundred Ninety Four Thousand Seven Hundred Sixty Dollars (S 194,760.00).
6. The American Legion was the sole bidder at the public auction.
7. The Borough and the American Legion have entered into an Agreement for Purchase
of Real Estate setting forth the terms for transfer of the Property (the "Sales Agreement'). A
copy of the Sales Agreement, as amended is attached herclo and incorporated herein as Exhibit
"B".
8. The Sales Agreement provides that transfer of the Property is contingent upon
approval of this Honorable Court.
9. Pursuant to Borough Code, 53 P.S. §46201, the Borough may sell property by either
bid or public auction.
10. The Property is no longer needed for a public use.
11. The sale of the Property is in the best interest of all the citizens of the Borough.
WHEREFORE, the Borough of Shippensburg requests this Honorable Court to grant its
Petition to Sell Real Property to the American Legion.
Respectfully submitted,
Salzmann & DcPaulis, P.C.
By. i
G. Bryan SalzriEnn, Esquire
Attorney ID No. 61935
Norma J. Lukacs, Esquire
Attorney ID No. 80135
1580 Gabler Road, P.O. Box 276
Chambersburg, PA 17201-0276
(717) 263-2121
Solicitor to the Borough of Shippensburg
VERIFICATION
I, Mark Buterbaugh, President of Council of the Borough of Shippensburg, have read the
foregoing Order and Petition for Leave to Sell Real Property, and hereby affirm that it is true and
correct to the best of my personal knowledge, information and belief. This Verification and
statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification
to authorities.
&C,q
M *k Buterbaugh
President of Borough Council
Borough of Shippensburg
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CERTIFICATE OF SERVICE
I hereby certify that on this r? d y of October 1999, I served a true and correct
copy of the foregoing Petition For Leave to Sell Real Property by first class mail, postage pre-
paid to the following:
a
American Legion - Post 223
15 West King Street
P.O. Box 36
Shippensburg, PA 17257
ATTN: Woodrow Stitt
Salzmann & DcPaulis, P.C.
BY:? zt ?IL?D
Norma I. Luka , Esquire
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RESOLUTION NO. 99021
A RESOLUTION OF THE BOROUGH COUNCIL OF
THE BOROUGH OF SHIPPENSBURG, CUMBERLAND AND
FRANKLIN COUNTIES, PENNSYLVANIA
BE IT RESOLVED, by the Mayor and Borough council of the Borough of Shippcnsburg. Cumberland
and Franklin Counties, Pennsylvania, and it is Hereby resolved as follows:
1. The Borough of Shippensburg shall place up for sale dirough public auction a tract of real
property currently owned by the Borough of Shippensburg. located In the Shippensburg
Industrial Park. Said real property is approximately an 6.5 acre tract of property on die
southeast comer of Dykcutan Road and South Penn Street extended. (dic "Tract").
2. At public auction, the minimum bid on the Tract shall be established at Thirty Thousand
Dollars ($70,000.00) per acre, basal upon die potential fair markct value of dic TracL
3. Acceptance of any bid shall be conditional upon a down payment often (101/9) percent of the
purclinse price the date of the auction, cxeculion of a real estate purchase conUact die date of
the auction, die obtaining of court approval, and dic payment of dic purchase price in full
within ninety (90) days of the date of the auction.
4. Advertisement of auction or the Tract shill be published once, not less than ten (10) days
prior to die date of the public auction.
5. This Resolution shall become effective upon adoption by the Council of the Borough of
Sliippcnsburg.
ADOPTED this 171h day of August, 1999.
BOROUGH COUNCIL OF THE BOROUGH
OF SHIPPENSBURG, CUMBERLAND AND
FRANKL ,000NTI• SYLVANIA
?,Vi& President
ATTEST:
Secretary
APPROVED this 17111 day of August, 1999.
i
Xo I.? f
Mayor
FXHIBIT "A"
AGREEMENT FOR
PURCHASE OF REAL ESTATE
THIS AGREEMENT is entered into on this 60 Day of October, 1999, by attd between
the BOROUGH OF SHIPPENSBURG, a municipal corporation, having a principal address
located at 60 West Burd Street, Shippcnsburg, Pennsylvania ("Borough'), and AGOCJ? °^
IS Q,. Kln)Sl
-ItT aa3 having a principal address located at P. o. 'a.,x %
Pennsylvania ("Buyer') S "ft`"'? '91
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In consideration of the promises and mutual covenants contained herein and intending to
be legally bound hereby, the parties agree as follows:
1. Purchase and Sale:
Subject to the terms and condition contained in this Agreement, Borough hacby agrees
to sell and convey to Buyer and Buyer agrees to purchase all of Borough's interest in and to a
certain fact of land approximately 6.5 acr s in size located at the southeast comer of Dykeman
Road and South Penn Street situate in Shippensburg, Cumberland County, Pennsylvania as more
particularly described in Exhibit "A" attached hereto and incorporated herein (die "Property').
2. Prke and Terms:
Buyer was the successlbl bidder at a public auction held by the Borough on October 6,
1999. The purchase price as established by public auction held on October 6, 1999 for the
property Dollars(S 3G. auo )per acre or OAc k'j^j " ":dJ 4"e A
Dollars (S y lob
?4 ,>?to be Paid by Buyer by certified check or other immediately available funds
at Closing. A deposit representing ten percent (101/6) of the Purchue Price has been paid in
cash by Buyer on the day of the auction of the Property (the "Deposit'), The Deposit is being
held by the Borough and shall be credited against the Purchase Price at Closing.
EmIBIT "B"
3. cl_ osInQ:
Closing on this Agreement shall occur on or before December 31, 1999 at a mutually
agreeable date and time (such date shall be hereinafter referred to as "Closing" or "Closing
Date"). unless a written extension is mutually agreed to by the parties. Closing shall be held in
the offices of the Borough or such other location as may be mutually agreeable to both parties.
Closing is contingent upon receipt of Court approval of the transfer of the Property and the
Borough's receipt of subdivision approval and any other applicable governmental approval.
4. Title:
(A) The Property is to be conveyed on the Closing Date by Special Warranty Deed
conveying to Buyer good and marketable fee simple title, subject to building
restrictions, zoning regulations, easements, right-of-way, reservations and other
restrictions of record or visible on the Property.
(B) If the Borough is unable to provide good and marketable title, subject to the
aforesaid, Buyer shall have the option of taking such title as the Borough can give
without abatement of price, or of declaring the Borough in default under Section 13
of this Agreement.
5. Closioe Contlaeency:
Buyer shall be afforded the opportunity to obtain a satisfactory title insurance
commitment and Phase 1 environmental report prior to Closing. Costs for such title insurance
commitment and Phase I environmental shall be home solely by Buyer. Buyer, its agents or
assigns, is hereby provided access to the subject property prior to Closing for purposes of
completing the Phase I environmental report. If Buyer is unable to secure a satisfactory title
insurance commitment and/or Phase I environmental report, Buyer shall have the ability to
exercise its tights pursuant to Section 14 of this Agreement.
6. Clostn¢ Costs:
All state and local real estate documentary, transfer and recording taxes and expenses
with respect to the Property shall be home by Buyer. Buyer shall pay any inspection costs, title
Cd MUG:eo 6661 80 •t30 : TH X*dJ HU10cM 9"SH3ddIHS : HOMd
i"warance premiums, subdivision costs and governmental approvdi Lusts, including costs and
reasonable attorney fees related to the obtaining of court approval and/or other governmcntxl
approvals for the sale of the Property. Said costs for reasonable attorney fees shall not exceed
Seven Hundred Fifty Dollars (5750.00).
7. Possession and Tender:
Possession shall be delivered by deed and physical possession of the Property at the time
of Closing, free and clear of all leases, options, tenancies and rights of occupancy by others.
8. Sewatte Faculty:
The Peruisylvania Sewage Facilities Act requires that there be a statement regarding the
availability of a community sewage system. The parties hereto shall initial the appropriate space
below:
X (A) The Property is not presently serviced by a coutmunily sewage system as it
exists as raw land.
_ (B) Buyer is hereby advised that there is not currently existing community
sewage system available to the Property. There is a permit for the operation
of an individual sewage system for the Property, and said permit has been
exhibited by Borough to Buyer.
_ (C) Buyer is hereby advised that there is no currently existing community
sewage system available to the property and that a permit for art individual
sewage system will have to be obtained from the appropriate local agency
pursuant to the Pennsylvania Sewage Facilities Act. Before signing this
Agreement, Buyer should contact the appropriate local agency that
administers the Pennsylvania Sewage Facilities Act to determine the
procedures and requirements for obtaining a permit for an individual sewage
system.
9. Condition of Property:
Buyer acknowledges that it is purchasing the Property in air "As Is" condition. Buyer
further acknowledges that the Property in unimproved and that Buyer is purchasing the Property
in an unimproved condition. The Borough makes no representation or wan antics with respect to
rd W eL:60 6661 90 '130 : 'al h'03 H7110" 9tlf1 9GddlHS : Wtld
the Property. Buyer acknowledges that it has not tolled upon any repwscutatious Gild wananucs
with respect to the Property.
10. Representation of the Borough:
The Borough makes the following representations to Buyer:
(A) Orttonization and Authority of the Borough:
The Borough is a duly organized, validly existing municipality
under the laws of the Commonwealth of Pennsylvania. Upon
applicable court approval, the borough will have the power and
authority to execute, deliver and perform this Agreement and all
other instruments and documents required to be delivered by it
to Buyer at Closing.
(B) Absence of Conflicting Agreements:
Neither the execution or delivery of this Agreement nor the performance
by the Borough of the transaction contemplated hereby and thereby,
materially conflicts with or constitutes a material breach of any contract,
agreement or instrument to which the Borough is a party.
(C) Title to Property:
Borough has good and marketable title to all of the Property, subject to
no mortgage, pledge, lien, restriction, claim, security interest or other
encumbrance, and has the full power, tight and authority to transfer,
assign and convey clean title to Buyer upon approval by the court.
(D) Ownership by Property:
The Property is owned of record and beneficially by the Borough.
(E) g Ring:
The present zoning of the Property is manufacturing-heavy and is in
compliance with time applicable zoning classification without any
variances or use permits as it is presently unimproved real estate.
11. Representations and Warranties of Buyer:
Buyer makes the following representations and warranties to the Borough:
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(A) Power and Authority:
Buyer has the power and authority to execute, deliver and perform
this Agreement and, as of Closing Date, Buyer will have the power
and authority to execute and deliver the instruments and agreements
required to be delivered by it to the Borough at the Closing (collectively,
the "Transaction Docttments'7.
(B) Bluding Agreements:
This Agreement has been duly executed and delivered by Buyer.
This Agreement is, and when executed and delivered by Buyer
each of the Transaction Documents will be, the legal, valid and
binding obligation of Buyer, enforceable against it in accordance
with their respective terms, except as their enforcement may be
limited by bankruptcy, insolvency, moratorium, reorganization or
other similar laws relating to or affecting the enforcement of
creditors' rights generally, and except that the availability of specific
performance, injunctive relief or other equitable remedies is subject
to the discretion of the court before which any such proceeding
may be brought.
(C) Absence of Conflicting Agreements:
Neither the execution or delivery or performance of this Agreement
or any of the Transaction Doctunents by Buyer nor the performance
by Buyer of the transactions contemplated hereby and thereby, materially
conflicts with, or constitutes a material breach of or a material default
under any applicable law, rule judgment order, writ, injunction, or
decree of any court, in effect at the date of this Agreement or any
applicable rule or regulation of any administrative agency or other
governmental authority in effect as of the date of this Agreement: or
any agreement, indenture, contract or instrument to which Buyer
is a party or bound.
12. Broker:
Both patties state and represent that they have not been represented by, nor have they
employed a realtor, broker, finder or agent relative to this transaction (except for employment by
the Borough of an auctioneer), that no fees or commissions are due and that each releases and
hold harmless the other as to any claims related to such fees or commissions.
9d "G:eo 6661 80 '130 : 'Oil kroA HtyUMI 0"StWdtHS : WOSA
13. IWk of Loss:
Risk of loss of the Property shall remain upon the Borough until Closing. If that shall
occur a material change in the physical condition of the Property between the date hereof and cite
time of Closing, Buyer shall have the option to: (a) void this Agreement, all parties shalt be
relieved of liability hereunder and Buyer shall have the right to have the Deposit returned, or (b)
elect to proceed with the Closing and pay the full consideration, in which the Borough shall
assign to Buyer any insurance proceeds to which the Borough may be entitled as a result of the
change in condition. To exercise its right under option (a) of this Paragraph 13, shall give
written notice to the Borough prior to the delivery of the deed. If Buyer fails to give such written
notice, Buyer shall be conclusively deemed to have chosen option (b).
14. Default of Parties:
If the Borough fails to perform any of the material terms or conditions of this Agtement,
Buyer shall have the right to void this Agreement and have the Deposit returned.
If Buyer defaults in its obligation to consummate Closing under this Agreement, the
Borough shall be entitled to retain the Deposit as liquidated damages for such default, as
Borough's sole remedy in lieu of any other rights and remedies against Buyer for breach hereof,
and thereupon neither party shall have any further claim or obligation to the other hereunder.
15. Conditions Precedent to Borough's Obli¢ations:
The obligations of the Borough shall be contingent upon the approval of the sale by the
Court of Common Pleas of Cumberland County. The obligations of the Borough shall also be
contingent upon subdivision approval and any other applicable governmental approval.
16. Miscellaneous:
(A) Successor and Assigns:
This Agreement shall be binding upon and inure to the benefit of
the heirs, successors, executors, administrators, legal representatives,
and proper assigns of the respective parties.
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(B) Entire Aereementt Counterparts:
This Agreement constitutes the entire understanding between the
patties with respect to the matters addressed herein. There are no
covenants, promises, agreements, conditions, or understandings, either
oral or written between them other than are contained herein. No
alteration, amendment, change, or addition to this Agreement shall be
binding upon any party unless reduced to writing and signed by each party.
(C) GOVernintr Law:
This Agreement shall be construed and governed by the law of the
Commonwealth of Pennsylvania. This Agreement is entered into
In Cumberland County, Pennsylvania.
IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties have
executed this Agreement for Sale of Real Estate as of the day and year first above written.
ATTEST: THE BOROUGH OF SHIPPENSBURG
By; 4 kkL10"AJ
C cil President
ATTEST:
f
By:
Mayor of tF orough of Ship sburg
ATTEST:
Buyer: Am 21%CP,>J ?6tea ?;T?3
By:
Title:
Bd WU10:01 6661'00 '1130 'Oil Xd-1 tlorl " OlM 913ddIF15 : WOMB
LEGAL DESCRIPTION
LOT NO. 12
BOROUGH OF SHIPPENSBURG
All Ihat certain un-improvod parcel of land known as Lot No 12 on a Land Subdivision Plan for
the Borough of Shippensburg prepared by Cad D. Bert, & Associates, Professional Land
Surveyors dated September 7, 1999 situated at the south side of Dykemon Rood and on the east
side of S. Penn Street extended In the Borough of Shippensburg, Cumberland County,
Commonwealth of Pennsylvania, further bounded and described as follows.
BEGINNING at an Iron Pin thirty (30) feet south of the centorline of Oykeman Road at the
corner of land now of formerly of the Borough of Shippensburg, THENCE along land now of
formerly of the Borough of Shippensburg. South twenty five (25) degrees, eleven (11) minutes,
filly five (55) seconds East, seven hundred fifty and zero hundredths (750 00) root to an iron pin;
THENCE continuing along the same, South sixty ttnoo (63) degrees, fifty eight (58) minutes, fifty
eight (58) seconds West, two hundred fifty four and sixteen hundredths (254.16) feet to an iron
pin; THENCE continuing along the same, on a curve to the left with the following characteristics:
Radius, five hundred thirty and zero hundredths (530.00) feet, Arc Length, two hundred twenty
and thirty two hundrodths (220.32) foot, Delta, twenty three (23) degrees, forty nine (49) minutes,
three (03) seconds, Chord Bearing, North thirty seven (37) degrees, fifty five (55) minutOS, thirty
three (33) seconds West, Chord Distance, two hundred eighteen and seventy four hundredths
(218.74) feet to an iron pin; THENCE continuing along the same. North forty nine (49) degrees,
fifty (50) minutes, rive (05) seconds West, four hundred seventy five and eighty five hundredths
(475.85) fool to an Iron Pin; THENCE continuing along the same, on a curve to the right with the
following characteristics: Radius, font' and zero hundredths (40.00) feet, Are Length, sixty four
and forty hundredths (64.40) feet, Delta, ninety two (92) degrees, fourteen (14) minutes, fifty (50)
seconds, Chord Bearing. North three (03) degrees, folly two (42) minutes, forty (40) seconds
West, Chord Distance, fifty seven and sixty seven hundredths (57.67) feet to an Iron Pin;
THENCE continuing along the same, North forty two (42) degrees, twenty four (24) minutes, forty
five (45) seconds East, ninety eight and ninety six hundredths (08.96) foot to an Iron Pun
THENCE continuing along the same, on a curve to the right with the following characteristics'.
Radiua, four hundred thirty and zero hundredths (430.00) (cot, Arc Length, two hundred twenty
three and thirty hundredthe (223.30) feet, Delta, twenty nine (29) degrees, forty five (45) minutes,
fourteen (14) seconds, Chord Bearing, North fifty seven (67) degrees, seventeen (17) minutes,
twenty two (22) seconds East, Chord Distance, two hundred twenty and eighty hundred8ls
(220.80) foot to an Iron Pin thirty (30) feel south of the cenlertine of Oykeman Road; THENCE
along a tine thirty (30) feel south of the centerline of Dykeman Road, North seventy two (72)
degrees, nine (09) minutes, fifty nine (69) seconds East, thirty seven and eighty four hundredths
(37.84) foot to on Iron Pin; THENCE continuing along the same, on a curve to the loft with tho
following characteristics: Radius, nine hundred twenty four and sixty seven hundredths (924.67)
foot, Arc Length, one hundred eighteen and eighty six hundredths (118.66) feel, Delta, seven (07)
degrees, twenty one (21) minutes, fifty four (54) seconds, Chord Bearing, North sixty eight (68)
degrees, twenty nine (29) minutes, two (02) seconds East, Chord Distance, one hundred
eighteen and seventy eight hundredths (118.78) feet to an Iron Pin; THENCE continuing along
the soma, North sixty four (64) degrees, forty eight (48) minutes, five (05) seconds East, thirteen
and nine hundredths (13.09) feet to an Iron Pin, the POINT OF BEGINNING
CONTAINING a total area of 6.49161 Acres as described on a Land Subdivision Plan indicated
above.
BEING part of land conveyed from the Shippensburg Sandnry Authority to the Borough of
Shippensburg on March 11, 1994 as recorded in Cumberland County Deed Book 102, Page 908,
Trnct No. 1
!;7(MIBIT "A"
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IN RE: REAL ESTATE SITUATE AT
DYKEMAN ROAD & SOUTH PENN STREET
: COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNA.
NO. 99-6231 Civil Term
BOROUGH OF SHIPPENSBURG
CUMBERLAND COUNTY, PENNA.
: CIVIL ACTION -LAW
ORDER
AND NOW, this 1 _?day of -;,ve ? 1999, having considered the within Motion
for Continuance, it is hereby ORDERED that the hearing in this matter scheduled for Monday,
November 22, 1999 at 1:30 p.m. be continued until the /#,&,day of _A6000 at
Notice of said hearing shall be published one time in a newspaper of general circulation,
not less than seven (7) days or more than thirty (30) days prior to the date set for hearing.
..y
BY THE COURT:
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IN RE: REAL ESTATE SITUATE AT
DYKEMAN ROAD & SOUTH PENN STREET
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNA.
NO. 99-6231 Civil Term
BOROUGH OF SHIPPENSBURG
CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW
MOTION FOR CONTINUANCE
AND NOW, comes the Borough of Shippensburg, by and through its Counsel, Salzmann
& DePaulis, P.C. and files the within Motion as follows:
1. On October 12, 1999 the Borough of Shippensburg (hereinafter "Borough") filed a
Petition for Leave to Sell Real Property before this Honorable Court.
2. The subject property was sold to the highest bidder at a public auction held by and
duly noticed by the Borough on October 6, 1999.
3. As provided in the Borough's Petition, the American Legion was the sole bidder at the
public auction and a Real Estate Purchase Contract setting forth the terms for the transfer of the
property was entered into. (See Borough's Petition for Leave to Sell Real Property, paragraphs
6-7 and the Sales Agreement attached as I~rhihit "B ".)
4. Subsequent to the execution of said Real Estate Purchase Contract, the Borough and
American Legion have reviewed additional terms which may be necessary via an amendment to
the Real Estate Purchase Contract, including, but not limited to, extending the closing date, a
contingency for land development approval, and issues related to a Phase I environmental audit.
These issues will be addressed in an Amendment to the Real Estate Purchase Contract which will
be executed by the American Legion and approved by Borough Council.
5. This Honorable Court has scheduled a hearing on the Petition for Monday, November
22, 1999 at 1:30 p.m.
6. Additional time is necessary for the parties to execute an Amendment to the Real
Estate Purchase Contract.
7. As a matter of judicial economy the Borough requests this Honorable Court to grant a
continuance of the hearing in order to include the Amendment to the Real Estate Purchase
Contract.
8. As of this date, the Borough is unaware of any protestant to the Borough's Petition
and has not had any contact regarding objections to its Petition.
9. Purchaser American Legion concurs in the request for a continuance in order that the
Amended Real Estate Contract may be included in the hearing.
10. The continuance is requested for at least forty-five (45) days.
Respectfully submitted,
Attorney W NO. avIaJ
455 Phoenix Drive, Suite A
Chambcrsburg, PA 17201
(717) 263-2121
Solicitor to the Borough of Shippensburg
Salzmann & DcPaulis, P.C.
CERTIFICATE OF SERVICE
1 hereby certify that on this 171' day of November, 1999,1 served a true and correct copy
of the foregoing document via United States mail, first class, postage prepaid to the following:
American Legion - Post 223
15 West King Street
P.O. Box 36
Shippcnsburg, PA 17257
ATTN: Woodrow Stitt
Salzmann & DcPaulis, P.C.
G. Bryan Salzm n, Esquire V
Solicitor to the Borough of Shippensburg
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IN RE: REAL ESTATE SITUATE AT
DYKEMAN ROAD & SOUTH PENN STREET
BOROUGH OF SHIPPENSBURG
CUMBERLAND COUNTY, PENNA.
ORDER
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNA.
NO. 99-6231 Civil Term
: CIVIL ACTION -LAW
Boa
AND NOW, this day of h? ,9999, having considered the within Motion
for Continuance, it is hereby ORDERED that the hearing in this matter scheduled for Monday,
February 14, 2000 at 9:30 a.m. be continued until the gal i-day of , 2000 at
a.m. p.m.
Notice of said hearing shall be published one time in a newspaper of general circulation,
not less than seven (7) days or more than thirty (30) days prior to the date set for hearing.
BY THE COURT:
J.
IN RE: REAL ESTATE SITUATE AT
DYKEMAN ROAD & SOUTH PENN STREET
: COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNA.
NO. 99-6231 Civil Term
BOROUGH OF SHIPPENSBURG
CUMBERLAND COUNTY, PENNA.
: CIVIL ACTION - LAW
MOTION FOR CONTINUANCE
AND NOW, comes the Borough of Shippensburg, by and through its Counsel, Salzmann
& DePaulis, P.C. and files the within Motion as follows:
1. On October 12, 1999 the Borough of Shippensburg (hereinafter "Borough") filed a
Petition for Leave to Sell Real Property before this Honorable Court.
2, The subject property was sold to the highest bidder at a public auction held by and
duly noticed by the Borough on October 6, 1999.
3. As provided in the Borough's Petition, the American Legion was the sole bidder at the
public auction and a Real Estate Purchase Contract setting forth the tenns for the transfer of the
property was entered into. (See Boroughs Petition for Leave to Sell Real Property, paragraphs
6-7 and the Sales Agreement attached as Erhibit "R ".)
4, Subsequent to the execution of said Real Estate Purchase Contract, the Borough and
American Legion have reviewed additional terms which may be necessary via an amendment to
the Real Estate Purchase Contract, including, but not limited to, extending the closing date, a
contingency for land development approval, and issues related to a Phase 1 environmental audit.
These issues will be addressed in an Amendment to the Real Estate Purchase Contract which will
be executed by the American Legion and approved by Borough Council.
5. This Honorable Court has scheduled a hearing on the Petition for Monday, February
14, 2000 at 9:30 a.m.
6. Additional time is necessary for the parties to execute an additional Amendment to the
Real Estate Purchase Contract.
7. As a matter of judicial economy the Borough requests this Honorable Court to grant a
continuance of the hearing in order to include the Amendments to the Real Estate Purchase
Contract.
8. As of this date, the Borough is unaware of any protestant to the Borough's Petition
and has not had any contact regarding objections to its Petition.
9. Purchaser American Legion concurs in the request for a continuance in order that the
Amended Real Estate Contract may be included in the hearing.
10. The continuance is requested for at least ninety (90) days.
Respectfully submitted,
Salzmann & DePaulis, P.C.
Attorn ID No.
Norma J. Lu Attorney ID No. S0l%5kr`c',,
455 Phoenix Drive, Suite A
Chambersburg, PA 17201
(717) 263-2121
Solicitor to the Borough of Shippensburg
CERTIFICATE OF SERVICE
I hereby certify that on this ? day of 2000, I served a true and
correct copy of the foregoing document via United States mail, first class, postage prepaid to the
following:
Thomas L. Bright, Esquire
126 East King Street
Shippensburg, PA 17257
a
Salzmann & DePaulis, P.C.
In
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IN RE: REAL ESTATE SITUATE AT
DYKEMAN ROAD & SOUTH PENN STREET
: COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNA.
: NO. 99-6231 Civil Term
BOROUGH OF SHIPPENSBURG
CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW
ORDER
AND NOW, this22u?day of IM, 2000, having considered the within Motion
for Continuance, it is hereby ORDERED that the hearing in this matter scheduled for May 24,
/20000 at 9:30 a.m. be continued until the d V day of , 2000 at d: y?
p.m.
Notice of said hearing shall be published one time in a newspaper of general circulation,
not less than Seven (7) days or more than Thirty (30) days prior to the date set for hearing.
BY THE COURT:
OKs
(..)
IN RE: REAL ESTATE SITUATE AT
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNA.
DYKEMAN ROAD & SOUTH PENN STREET
BOROUGH OF SHIPPENSBURG
NO. 99-6231 Civil Term
CUMBERLAND COUNTY, PENNA.
: CIVIL ACTION - LAW
MOTION FOR CONTINUANCE
AND NOW, comes the Borough of Shippensburg, by and through its Counsel, Salzmann
& DcPaulis, P.C. and files the within Motion as follows:
1. On October 12, 1999 the Borough of Shippcnsburg (hereinafter "Borough") filed a
Petition for Leave to Sell Real Property before this Honorable Court.
2. The subject property was sold to the highest bidder at a public auction held by and
duly noticed by the Borough on October 6, 1999.
3. As provided in the Borough's Petition, the American Legion was the sole bidder at the
public auction and a Real Estate Purchase Contract setting forth the terms for the transfer of the
property was entered into. (See Borough's Petition for Leave to Sell Real Property, paragraphs
6-7 and the Sales Agreement attached thereto as Exhibit "B ".)
4. Subsequent to the execution of said Real Estate Purchase Contract, the Borough and
American Legion have added terms via amendments to the Real Estate Purchase Contract,
including, but not limited to, a contingency for subdivision plan approval, suitable ingress/egress
to the property, and issues related to a Phase I environmental audit. These issues will be
addressed in Amendments to the Real Estate Purchase Contract which will be executed by the
American Legion and approved by Borough Council.
S. This Honorable Court has scheduled a hearing on the Petition for Wednesday, May
24, 2000 at 9:30 a.m.
6. Additional time is necessary for the parties to resolve outstanding issues related to
subdivision plan for approval, restrictions placed on subdivision plan approval and ingress/egress
to the property.
7. As a matter of judicial economy the Borough requests this Honorable Court to grant a
continuance of the hearing in order to resolve the issues related to the amendments to the Real
Estate Purchase Contract.
8. As of this date, the Borough is unaware of any Protestants to the Borough's Petition
and has not had any contact regarding objections to its Petition.
9. Purchaser American Legion concurs in the request for a continuance in order that the
issues concerning the amendments to the Real Estate Contract be reached before the hearing.
10. The continuance is requested for a period of forty-five (45) days.
Respectfully submitted,
Salzmann & DePaulis, P.C.
Esq
Attome D No. 61905
455 Phoem rive, Suite A
Chambcrsburg, PA 17201
(717) 263-2121
Solicitor to the Borough of Shippensburg
wc OU 6
2y
CERTIFICATE OF SERVICE
I hereby certify that on this ! e day of 2000, I served a true and
correct copy of the foregoing document via United States mail, first class, postage prepaid to the
following:
Thomas L. Bright, Esquire
126 East King Street
Shippensburg,PA 17257
Salzmann & DcPaulis, P.C.
B
Bry Sal an squirt
o f Sh pensburg
Solicitor
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V
IN RE: REAL ESTATE SITUATE AT
DYKEMAN ROAD & SOUTH PENN STREET
COURT OF COMMON PLEAS F
CUMBERLAND COUNTY, PENNA.
NO. 99-6231 Civil Tenn
BOROUGH OF SHIPPENSBURG
CUMBERLAND COUNTY, PENNA. : CIVIL ACTION -LAW
ORDF,R OF COURT
AND NOW, this 20 day of July, 2000, following a hearing, the Petition
of the Borough of Shippensburg to sell a vacant tract of land comprising approximately
6.49161 acres situated along Dykeman Road in the Shippensburg Industrial Park to the
American Legion Post 2V for One Ilundred and Ninety-four Thousand and Seven
Hundred Sixty Dollars ($194,760.00 ) IS HEREBY APPROVED.
G. Bryan Salzmann, Esquire
For the Borough of Shippensburg
?I UP-1w
7-M-Oo
A?8
BY TILE COURT,
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IN RE: REAL ESTATE SITUATE AT
DYKEMAN ROAD & SOUTH PENN STREET
BOROUGH OF SHIPPENSBURG
CUMBERLAND COUNTY, PENNA.
i
: COURT OF COMMON PLEAS F
: CUMBERLAND COUNTY, PENNA.
: NO. 99-6231 Civil Term
CIVIL ACTION-LAW
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07-21-00 12:43 BOROUCII OF SHIPPENSBURO ID-7175026948
THE NEWS-CHRONICLE
COUNTY OF CUMBERLAND
COMMONWEALTH OF PENNSYLVANIA
IIER11
P02/04
BARBARA C. THOMPSON, being duly sworn according to law, deposes and says that she resides in Southampton
Township, County of Franklin, and Commonwealth of Pennsylvania; that she is the EDITOR of The News-Chronicle, a
corporation duly organized under the laws of the Commonwealth of Pennsylvania, having its offices and principal place
of business in the Township of Shippensburg, County of Cumberland and Commonwealth of Pennsylvania; that she Is
authorized to and does make this affidavit on its behalf; that The News-Chronicle Company was established August 27,
1927; that it publishes "The News-Chronicle"; the said "The News-Chronicle" has been issued regularly semi-weekly
since August 27, 1927 in said County of Cumberland; that the printed notice, advertisement or publication attached
hereto Is exactly the same as was printed and published in the regular editions and issues of the said "The Ncws-
Chronicle," on the following dates, viz.: SEPTEMBER 23, 1999
Co of Notice of Publication
Alrant further deposes that she and The News-Chronicle Company are not
,nuresicd m the subject mauer of the 3toresaid notice of advenisemc at. and that
Public Sale 311 3I1egjuvns in the foregoing statement as to tine. place and Lharacicr of
OFREALESTATE publication arc trot and correct.
91a fcllowink will be offered for public gale
"tedattheBorodgbofShippensburgOitices, ?'AJG?P ?.1?1/t8ll,
60 West Burd Strait, Shippensburg, PA on:
OCT. 6, IBOY S%%orn and subscribed to before nu this........... 30:0 .............dny of
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Dykeman Road, Shippensburg, PA containing
66 acres, more or less and located at the
southeast corner ofDykeman Road and South
Penn Street. Tat following specific provisions Noterw sew
shall apply: (1). The Borough has a right to
implement a minimum bid amount. (2). Closing
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auction. (3). Settlement is contingent upon
court approval of the transfer. Condition of
transfer ls_'that,all reduired government
approval for transfer of property obtained. (4).
Downpayment of ten (10%) of purchase price
required at data of auction. (6). Execution of
RealFAtatePurchaeeAgreement required 0 TO THE NEWS-CHRONICLE, Dr.
date ofatcation.Further terms &conditions on For publishing the notice attached hereto
day to( sale, For more inforrUtion, call
(717)
,
263.2121 N_;
'r on the stated dates ............................ 5.,32...80•.••
Borough of Sbippenebwl
Auctioneer: Dan HerahsyA itioneering Affidavit ............................................... S... : 00....
Service; Dennis Couliall, Prop.
PALic.11AU-002906.LPhone:(717)532:AM7, Total ...................................................... S,39,;,80
Attorney: Salsmann & DePaulis. P.C..;"y
(CLIP AND SAVE)
NC Sept. 23 PLAINTIFFS
EXHIBIT
• 7- f `I-ou $1t S
A
C ROM : The News-Chronicle 532-3020 PHONE NO. Jul. 21 2000 01:45PM PI
a4.e Ix.ews-T4runtrle
1011 Rilner Highway PO Box 100 Shippensburg, PA 17257.9801
(717) 832.4101 (717) 776.7089 FAX (717) 532.3020
July 21, 2000
To whom it may concern.
The Legal Notice faxod today, was not
notarized do to peroon who takes care of the notarizing is
on vacation. It will be notarized on Tuesday, July 25, 2000.
Thank You,
Deb Christman
IFFS
PLEXHIBIT
L
t
-FRMI : The News-Chronicle 532-3020 PHOIJE 140. :
Proof of Publication of Notice in
THE NEWS-CHRONICLE
COUNTY OF CUMBERLAND
COMMONWEALTH OF PENNSYLVANIA
SDP30
Jul. 21 2000 01:45PM P2
BARBARA C. THOMPSON, being duly sworn according to law, deposes and says that she resides in Southampton
Township, County of Franklin, and Commonwealth of Pennsylvania; that she is the EDITOR of The NewsChronlcle, a
corporation duly organized under the laws of the Commonwealth of Pennsylvania, having its offices and principal place
of business in the Township of Shippensburg. County of Cumberland and Commonwealth of Pennsylvania; that she is
authorized to and does make this affidavit on Its behalf; that The News-Chronicle Company was established August 27,
1927; that it publishes "The NewsChronirle"; the said "The NewsChronicle" has been issued regularly send-weekly
since August 27, 1927 in said County of Cumberland; that the printed notice, advertisement or publication attached
hereto is exactly the same as was printed and published in the regular editions and isues of the said -7be News.
Chronicle," on the following dates, viz.: JULY 13 a JULY 17, 2000
rt Caarts IM.u Rr'.
M-11 tr.. ?= a
AfTiont further deposes that she and The News•Chroniek Company are not
interested in the subject matter or the aforesaid notice of advertisement, and that
all allegations in the foregoing statement as to time, place and chancier of
publication are true and correct.
31s
Swoon and subscribed to before me this .................. t ................day
JULYt 2000
........ ....
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..................................................
Notary Public
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wrtirA noupp..? -.7 My commission expires.......
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CaaeaweewF haarhe•4a 17101; .
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si? TO THE NEWS-CHRONICLE. Dr.
For publishing the notice attached hereto
on the stated dates ................................ S..a.7-16...
2.00
Affidavit ............................................... 5.................
Total ...................................................... S.1.94.3.6....
Age NO Jab 12, 11
RESOLUTION NO. 99-021
A RESOLUTION OF THE BOROUGH COUNCIL OF
THE BOROUGH OF SHIPPENSBURG, CUMBERLAND AND
FRANKLIN COUNTIES, PENNSYLVANIA
BE IT RESOLVED, by Ilse Mayor and Borough Council of the Borough of Shippensburg. Cumberland
and Frankl(n Counties, Pennsylvania, and it is hereby resolved as follows:
1. The Borough of Shippensburg shall piece up for sale through public auction a tractor real
property currently owned by the Borough of Sliippcnsburg, located in die Shippensburg
Industrial Park. Said real property is approximately an 6.5 acre tract of property on die
southeast comer of Dykcman Road and South Penn Street Wended. (die "Tract").
2. At public auction, die minimum bid on Ole Tract shall be established at Thirty Thousand
Dollars (530,000,00) per acre, based upon Ow polential fair market value of Ole Tract
3. Acceptance of any bid shall be conditional upon a down payment often (IO°/.) percent of the
purelwse price die dale of file auction, execution of a real estate purchase contract die date of
die auction, die obtaining of court approval, and die payment of ate purchase price in full
within ninety (90) days of the dale of file auction.
4. Advertlscnicnl of auction of the Tract shall be publislicd once, not less than len (10) days
prior to die dale of lice public auction.
5. This Resolulion shall become effeclive upon adoption by llie Council of the Borough of
Shippensburg.
ADOPTED Oiis 171h day of August. 1999.
ATTEST:
Secretary
i
APPROVED Oils 17th day of August, 1999.
BOROUGH COUNCIL OF THE BOROUGH
OF SHIPPENSBURG, CUMBERLAND AND
FRANKL COUNTI?Sr nr6YLVANIA
BY?? r ?.i_. I ??.
?--Vidd President
/i
-L ( A. Cn?
Mayor
PLAINTIFF'S
EXHIBIT
? • ? - , o1L5
EXHIBIT "A"
AGREEMENT FOR
PURCHASE OF REAL ESTATE
THIS AGREEMENT is entered into on this 0 Day of October, 1999, by and between
the BOROUGH OF SHIPPL ISBURG, a municipal corporation, having a principal address
located at 60 West Burd Street, Shippensburg, Pennsylvania ("Borough'), and ew.
tc,r;'T a having a principal address located at e i 3
Pennsylvania ("Buyer"). _S4r^c6-e5 PA
WS-7
In consideration of the promises and mutual covenants contained herein and intending to
be legally bound hereby, the parties agree as follows:
1. Putehase and Sale:
Subject to the terms and condition contained in this Agreement, Borough hereby agrees
to sell and convey to Buyer and Buyer agrees to purchase alt of Borough's interest in and to a
certain tract of lent approximately 6.5 acres in size located at the southeast comer of Dykeman
Road:utd South Penn Street situate in Shippenshurg, Cumberland County, Pennsylvania as more
particularly described in Exhibit "A" attached hereto and incorporated herein (die "Property').
1. PrICe and Terms:
Buyer was the successrul bidder at a public auction held by the Borough on October 6,
1999• The Purchase price as established by public auction held on October 6, 1999 for the
property isl ?m Dollars (S 30. coo 1 per acre or b
Dollars (S t, alto be paid by Buyer by certified check or other immediately available tLnds
at Closing. A deposit representing ten percent (10'/6) of the Purchase Price has been paid in
cash by Buyer on the day of the auction of the Property (the "Deposit'). The Deposit is being
held by the Borough and shall be Credited against the Purchase Price at Closing,
PLAINTIFFS
EXHIBIT
?-1l•co l,?S
A
i
D
EXHIBIT "B"
3. Ct_ osin :
Closing on this Agreement shall occur on or before December 31, 1999 at a mutually
agreeable date and time (such date shall be hereinafter referred to as "Closing" or "Closing
Date'7. unless a written extension is mutually agreed to by the parties. Closing shall be held in
the offices of the Borough or such other location as may be mutually agreeable to both parties.
Closing is contingent upon receipt of Court approval of the transfer of the Property and the
Borough's receipt of subdivision approval and any other applicable governmental approval.
4. Title:
(A) The Property is to be conveyed on the Closing Date by Special Warranty Deed
conveying to Buyer good and marketable fee simple title, subject to building
restrictions, zoning regulations, easements, right-of-way, reservations and other
restrictions of record or visible on the Property.
(B) If the Borough is unable to provide good and marketable title, subject to the
aforesaid, Buyer shall have the option of taking such title as the Borough can give
without abatement of price, or of declaring the Borough in default under Section 13
of this Agreement.
5. Closine Contineencx:
Buyer shall be afforded the opportunity to obtain a satisfactory title insurance
commitment and Phase I environmental report prior to Closing. Costs for such title insurance
commitment and Phase I environmental shall be borne solely by Huyer. Buyer, its agents or
assigns, is hereby provided access to the subject property prior to Closing for purposes of
completing the Phase I environmental report. If Buyer is unable to secure a satisfactory title
insurance commitment and/or Phase I environmental report, Buyer shall have the ability to
exercise its rights pursuant to Section 14 of this Agreement.
6. Closine Costs:
All state and local real estate documentary, transfer and recording taxes and expenses
with respect to the Property shall be home by Buyer. Buyer shall pay any inspection costs, title
£d WU4G:'0 6661 tan '100 : 'RI M3 H71o" t1M943MIH5 : WOMB
imuranc• premiums, subdivision costs and govcnimcatat appruvdl Costs, including costs and
reasonable attorney fees related to the obtaining of court approval and/or other gavemmental
approvals for the sale of the Property. Said costs for reasonable attorney fees shall not exceed
Seven Hundred Fifty Dollars (S7SO.00).
7. Possession and Tender:
Possession shall be delivered by deed and physical possession of the Property at the time
of Closing, free and clear of all leases, options, tenancies and rights of occupancy by others.
8. Sewage FscIllty:
The Pennsylvania Sewage Facilities Act requires that there be a statement regarding the
availability of a community sewage system. The parties hereto shall initial the appropriate space
below:
X (A) The Property is not presently serviced by a community sewage system as it
exists as raw land.
_ (B) Buyer is hereby advised that there is not currently existing community
sewage system available to the Property. There is a permit for the operation
of an Individual sewage system for the Property, and said permit has been
exhibited by Borough to Buyer.
_ (C) Buyer is hereby advised that there is no currently existing community
sewage system available to the property and that a permit for an individual
sewage system will have to be obtained from the appropriate local agency
pursuant to the Pennsylvania Sewage Facilities Act. Before signing this
Agreement, Buyer should contact the appropriate local agency that
administers the Pennsylvania Sewage Facilities Act to determine the
procedures and requirements for obtaining a permit for an individual sewage
system.
9. Condition of Property:
Buyer acknowledges that it is purchasing the Property in an "As Is" condition. Buyer
further acknowledges that the Property in unimproved and that Buyer is purchasing the Property
in an unimproved condition. The Borough makes no representation or warranties with respect to
t1d VdBS:60 6661 90 '130 : 'ON Mfd HonolOH WKISNUdIHS : F108J
the Property. Buyer acknowledges that it has not relied upon any reptcscutations and warruuics
with respect to the Property.
10. Representation of the Borough:
The Borough makes the following representations to Buyer:
(A) Organization and Authority of the Borough:
The Borough is a duly organized, validly existing municipality
under the laws of the Commonwealth of Pennsylvania. Upon
applicable court approval, the borough will have the power and
authority to execute, deliver and perform this Agreement and all
other instruments and documents required to be delivered by it
to Buyer at Closing.
(B) Absence of Conflicting Agreements:
Neither the execution or delivery of this Agreement nor the performance
by the Borough of the transaction contemplated hereby and thereby,
materially conflicts with or constitutes a material breach of any contract,
agreement or instrument to which the Borough is a party.
(C) Title to Property:
Borough has good and marketable title to all of the Property, subject to
no mortgage, pledge, lien, restriction, claim, security interest or other
encumbrance, and has the 1611 power, right and authority to transfer,
assign and convey clean title to Buyer upon approval by the court.
(D) Ownership by Property:
The Property is owned of record and beneficially by the Borough.
(E) Zoning:
The present zoning of the Property is manufacturing heavy and is in
compliance with the applicable zoning classification without any
variances or use permits as it is presently unimproved real estate.
11. Representations and Warranties of Buyer:
Buyer makes the following representations and warranties to the Borough:
Sd W6S:60 6661 80 '130 'ON hve FFJXWM 92f18SN3ddtHS : WOMB
(A) Power and Authority:
Buyer has the power and authority to execute, deliver and perform
this Agreement and, as of Closing Date, Buyer will have the power
and authority to execute and deliver the instruments and agreements
required to be delivered by it to the Borough at the Closing (collectively,
the "Transaction Documents').
(B) Binding Attreements:
This Agreement has been duly executed and delivered by Buyer,
This Agreement is, and when executed and delivered by Buyer
each of the Transaction Documents will be, die legal, valid and
binding obligation of Buyer, enforceable against it in accordance
with their respective terms, except as their enforcement may be
limited by bankruptcy, insolvency, moratorium, reorganization or
other similar laws relating to or affecting the enforcement of
creditors' rights generally, and except that the availability of specific
performance, injunctive relief or other equitable remedies is subject
to the discretion of the court before which any such proceeding
may be brought.
(C) Absence of Conflicting Aereements:
Neither the execution or delivery or performance of this Agreement
or any of the Transaction Documents by Buyer nor the performance
by Buyer of the transactions contemplated hereby and thereby, materially
conflicts with, or constitutes a material breach of or a material default
under any applicable law, rule judgment order, writ, injunction, or
decree of any court, in effect at the date of this Agreement or any
applicable rule or regulation of any administrative agency or other
governmental authority in effect as of the date of this Agreement; or
any agreement, indenture, contract or instrument to which Buyer
is a party or bound.
12. Broker:
Both parties state and represent that they have not been represented by, nor have they
employed a realtor, broker, finder or agent relative to this transaction (except for employment by
the Borough of an auctioneer), that no fees or commissions are due and that each releases and
hold harmless the other as to any claims related to such fees or commissions.
9d Wd6S:60 6661 60 '130 : 'ON htld HOfr]L09 VdMSH3dd(HS : WOMB
13. Risk of Loss:
Risk of loss of the Property shall remain upon the Borough until Closing. If there shall
occur a material change in the physical condition of the Property between the date hereof and the
time of Closing, Buyer shall have the option to: (a) void this Agreement, all parties shall be
relieved of liability hereunder and Buyer shall have the right to have the Deposit returned, or (b)
elect to proceed with the Closing and pay the full consideration, in which the Borough shall
assign to Buyer any insurance proceeds to which the Borough may be entitled as a result of the
change in condition. To exercise its right under option (a) of this Paragraph 13, shall give
written notice to the Borough prior to the delivery of the deed. If Buyer fails to give such written
notice, Buyer shall be conclusively deemed to have chosen option (b).
14. Default of Parties:
If the Borough fails to perform any of the material terms or conditions of this Agreement,
Buyer shall have the right to void this Agreement and have the Deposit returned.
If Buyer defaults in its obligation to consummate Closing under this Agreement, the
Borough shall be entitled to retain the Deposit as liquidated damages for such default, as
Borough's sole remedy in lieu of any other rights and remedies against Buyer for breach hereof,
and thereupon neither party shall have any further claim or obligation to the other hereunder.
15. Conditions Precedent to Boroueb's Obli¢ations:
The obligations of the Borough shall be contingent upon the approval of the sale by the
Court of Common Pleas of Cumberland County. The obligations of the Borough shall also be
contingent upon subdivision approval and any other applicable governmental approval.
16. Mlscellaneous:
(A) Successor and AsslEns:
This Agreement shall be binding upon and inure to the benefit of
the heirs, successors, executors, administrators, legal representatives,
and proper assigns of the respective parties.
4d WUM:OI 6669 00 *"0 : TH Y.H! H7u0 m 0&GSN3ddlHS : t1021.i
(B) Entire Attreemeatt Counterparts:
This Agreement constitutes the entire understanding between the
parties with respect to the matters addressed herein. There are no
covenants, promises, agreements, conditions, or understandings, either
oral or written between them other than are contained herein. No
alteration, amendment, change, or addition to this Agreement shall be
binding upon any party unless reduced to writing and signed by each patty.
(C) Governing Law:
This Agreement shall be construed and governed by the law of the
Commonwealth of Pennsylvania. This Agreement is entered into
in Cumberland County, Pennsylvania.
IN WITNESS WHEREOF, and intending to be legally bound hereby, the panics have
executed this Agreement for Sale of Real Estate as of the day and year first above written.
ATTEST: THE BOROUGH OF SHIPPENSBURG
By: Et"
C ctl President
ATTEST:
ATTEST:
f±??
By: ,
Mayor oftl oroughofShip burg
Buyer: Amyr;-tCA0 ?6toa i r 3
By'14400rloeg) !VD _ Tu2va zrr
Title:
ad wdlo:ot 6661 ea '130 : at XUJ H'YXWM 0trVSN3dd1HS : WOMd
F;?.tt 'i.r?:: r[. c. ti•_FC? 5C'_?Gn
FIRST AMENDMENT TO RgAL 'ST,_TAF -l X4 [LASE C0NTMAC, I'
AND NOW, this day of December, 1999, the Borough of Shippeosburg
(hereinafter "Seller"), a municipal corporation located at 60 West Hurd Stites, Shippensburg,
Pennsylvania 17257, and the American Legion Post 227 (hereinafter "Purchaser'), with a
business address of 15 West King Street, Post Office Box 76, Shippensburg, Pennsylvania
17257, hereby agree to nnsend a Real Estate Purchase Contract executed and entered into by
Seller and Purchaser on October 6, 1999 (hereinafter the "Real Estate Purchase Contract") as
follows:
1. The Real Estate Purchase Contract shall be amended to proside that Closing shall
occur on or before July 1, 2000.
2 The parties hereby agree that a Second Amendment to the Real Estate Purchase
Contract shall be entered into which shall addtess the following:
a Subdivision plan approval shall occur which shall be satisfactory to the
Purchaser in Purchaser's reasonable discretion;
b. Subdivision approval shall not contain restrictions which are unreasonably
prohibitive of the subject property being utilized as an American Legion Post
with respect to building and/or construction,
e. A mutually agreeable right of way providing access to she subject property
shall be defined,
d Seller shall bear costs for a Phase I environmental audit which is acceptable to e
the Purchaser in Purchaser's reasonable discretion in order for the Purchaser .
to obtain financing,
e The parties shall amend the Real Estate Purchase contract to provide that
subdss'iston :oats f? r the athjerr proper,: sha11 be home by the Scllut.
PLAINTIFFS
EXHIBIT
J y6S
ro?
F(ilf 5,+;:=`E'F;u.^ii iiC. UGr, ?•: '1?. .<[. e? 1?ti+ D3:: 1:«1 PJ
t• The patties shall amend the Real Estate Purchase COntract to provide that each
party will bcar its own respective attumcys fees,
g The psrttes shall amend the Ra Estate Purchase Contract to insure that
Purchaser's proposed utilization of the subject property as an American
Legion Post shall be in conformity with all applicable use-mlated zoning
requirements: and
It The Agreement shall reflect that the sale is contingent upon Putchaser's
receipt of a Phase 1 Environmental Audit acceptable to Buyer in its reasonable
discretion. In the event Purchaser is unable to obtain an acceptable Phase I
Environmental Audit, Seller shall return Purchaser's deposit and the
Agreement shall be declared oull and void.
IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties have
executed this Agreement for Sale of Real Estate as of the day and year first above written.
ATTEST:
BOROUGH OF SHIPPF.NSBURG
By.
C resident uw?
ATTES•f,
By.?
Mayor of t oroug of Shi nsburg
ATTEST,
AMEMCAN LEGION POST 223
Title
IN RE: REAL ESTATE SITUATE AT
DYKEIIAN ROAD & SOUTH PENN STREET
COURT OF CONIMON PLEAS OF
r ij%mPRI tvnrniTIT\'. PPV\'.%
. N0.
BOROUGH OF SHIPPENSBURG
CUMBERLAND COUNTY, PENNA.
CIVIL ACTION- LAW
ORDER
AND NOW, this _ day of 1999, having considered the within Petition
for Leave to Sell Real Property, it is hereby ORDERED that a hearing be held at _ _.m.
on , the day of 1999 for the purpose of hearing
testimony on said Petition.
Notice of said hearing shall be published one time in a newspaper of general circulation,
not less than seven (7) days or more than thirty (30) days prior to the date set for hearing.
BY THE COURT:
J.
SECOND AhIF,NDMENT TO
REAL ESTATE PURCHASE CONTRACT
AND NOW, this 20th day of June, 2000, the Borough of Shippensburg (hereinafter
"Sellee), a municipal corporation located at 111 North Fayette Street, Shippensburg,
Pennsylvania 17257, and the American Legion Post 223 (hereinafter "Purchaser'), with a
business address of 15 West King Street, Post Office Box 36, Shippensburg, Pennsylvania
17257, hereby agree to amend and modify a Real Estate Purchase Contract executed and entered
into by and between Seller and Purchaser on October 6, 1999 (hereinafter the "Real Estate
Purchase Contract'), and a First Amendment to the Real Estate Purchase Contract dated
December 21, 1999 as follows:
1. The parties shall obtain subdivision plan approval prior to Closing, which shall be
satisfactory to Purchaser in Purchaser's reasonable discretion, and which shall not contain
unreasonably prohibitive restrictions with respect to building and/or construction in the
reasonable discretion of Purchaser on the subject property being utilized as an American Legion
Post. If said subdivision plan approval is not obtained prior to closing, the Real Estate Purchase
contract shall be declared null and void, and Purchaser's deposit shall be returned.
2. The parties agree that Purchaser shall be provided access to the subject property by
way of an easement as set forth in Exhibit "A" attached hereto and incorporated herein. The
aforesaid fifty (50) foot easement sball extend from the present intersection of Dykeman Road
and Penn Street along the western boundary of the subject property for a distance of
approximately four hundred seventy-five (475) feet. In the event that a public street is
constructed at a later date along the western side of the subject property, the Purchasers shall IM
relinquish its rights to the aforesaid easement provided that Purchase is granted access to the
PLAINTIFPS
EXHIBIT
-211-co 6QS
public street and the fifty (50) foot easement shall be extinguished at no additional cost to
Purchaser.
3. Seller shall obtain and bear the costs of a Phase I Environmental Audit, which shall be
acceptable to the Purchaser in Purchaser's reasonable discretion, and which shall permit
Purchaser to obtain financing for the purchase of the subject property. If Purchaser is unable to
obtain an acceptable Phase I Environmental Audit, Purchaser's deposit shall be returned, and the
Real Estate Purchase Contract shall be declared null and void.
4. Any subdivision costs for the subject property shall be borne by Seller.
5. The parties shall bear their own respective attomey/legal fees for the transfer of the
subject property.
6. Prior to Closing, Purchaser's proposed use of the subject property as an American
Legion Post, together with all legal activities currently conducted at its present location, shall be
in conformity with all applicable use - related zoning requirements. If said use does not comply
with zoning requirements prior to Closing, Purchaser's deposit shall be returned, and the Real
Estate Purchase Contract shall be declared null and void.
7. Time is of the essence as to the Real Estate Purchase Contract and all amendments.
The parties agree that Closing on the subject property shall occur on or before August 1, 2000.
8. All remaining provisions and terms of the Real Estate Purchase Contract and First
Amendment to the Real Estate Purchase Contract shall remain unmodified and valid unless
specifically amended and revised by this Second Amendment to Real Estate Purchase Contract.
9. The parties hereby agree that the terms and conditions as set forth in the Real Estate
Purchase Contract and its subsequent amendments shall survive Closing and shall not merge
with the deed.
EXHIBIT "A"
Jun lu UO IU:UUa WetCLe, Perkins anO M550C 17171 532-6552
,05 00 10:09a Rabin Beam 717 532-8879
Jun-01-00 04:55P Salzmann 6 OaPaulls, p.C. 717 232 1970
Mer•nc•a .... ..., ........ «.. ,...,.•,. +rva u nar wr?ffM+e a ra
dA s+lt!
on tt. vria,s IJnA'bd" 1evr1 Plans for'M Jet-41M DY? R.
on a moo are, 94n. fa+4+w. il* * o1 wvMrw aau•o.... 0 xs,r va
.
CSbit-1 in Ocb0e1 1991 ss?islaas ft*) n 5 hot. rw ps0 n DOW A k" h Can D. 0•n. PLS, File No.
M4brd" n-bM41r 6cWcn orse amt gook 10=• Pep.101. Tgtl No. I
wb"6n pins. TA• srope,, sna srw hd• h >udUO aM VOW rW
1 Roan w JO bar iom vy -bft&.sr Owwm F4, on 1110 e0M a.va a Dower,
Th• •.i„Yg Oav+menl wKM ff a bbW 6130 Ivvl e,q Y» o IcAn• a v s
mr4orro b ew grMky¦ of . .war W UP b s riowt, ..r. m t.
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IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties have
executed this Second Amendment to Real Estate Contract as of the day and year first above
written.
ATTEST:
Asat, Secretary ATTEST:
BOROUGH OF SHIPPENSB G
By
g-6jT' Council President
By:
Mayor of the Borough of Shippensburg
AMERICAN LEGION POST 223
By: /V :E RL Q'
Title: cc-nmA .dw
c
>r
F +_r
kd
x , I
IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties
have executed this Second Amendment to Real Estate Contract as of the day and year
first above written.
ATTEST:
By:
Assistant Secrhwy,
ATTEST:
By: '[fdNtN /v •
Mayor t} a Borough
By:
AMERICAN LEGION POST 223
Title:
IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties
have executed this Second Amendment to Real Estate Contract as of the day and year
first above written.
ATTEST: tsu cuuun arurrawo unu
ck?. m . By; i/`i
Assistant Secr lacy- Co icilPresid
By:
Mayor a Borough of Ship sburg
ATTEST:
AMERICAN LEGION POST 223
By:
Title:
nC
/' I