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13-7217
LLC-i��ElCL `E PROTIHONOT11. TI HE,I3DEC -5 PM h: 09 CUMBEPLA D COON i` PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: SALE OF REAL PROPERTY OWNED ` 1 BY WEST SHORE SCHOOL DISTRICT NO. /3- 7a�7 Cu SITUATE IN LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA PETITION FOR THE APPROVAL OF THE PRIVATE SALE OF UNNECESSARY AND UNUSED LANDS AND BUILDINGS OWNED BY THE WEST SHORE SCHOOL DISTRICT PURSUANT TO 24 P.S. 7-707, AS AMENDED AND SUPPLEMENTED AND NOW, comes the Petitioner, the West Shore School District, by and through its solicitor, Stock and Leader, and files this Petition for Approval of the Private Sale of Unnecessary and Unused Lands and Buildings, pursuant to Section 7-707 of the Pennsylvania School Code (24 P.S. 7-707), as amended and supplemented, as follows: 1. Petitioner, the West Shore School District ("District"), is a duly organized Pennsylvania school district with principal offices at 507 Fishing Creek Road, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Petitioner is the owner of a certain tract of land known formerly as the Cedar Run Elementary School at 850 West Lisburn Road, Camp Hill, Pennsylvania 17011, identified as Cumberland County Tax Parcel No.: 13-24-0803-018-EX, which tract contains /03• �,S'�Ar,G�� 0113508- approximately twelve (12) acres of land, along with the improvements thereon, situate in the Township of Lower Allen, Cumberland County, Pennsylvania, and is more fully described in the below-identified deed. 3. Petitioner acquired title to the subject tract of land, identified as Tract No. 2 in and by virtue of a Deed, dated August 29, 1978, which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County on September 8, 1978, at Deed Book 28-A, Page 683. A true and correct copy of said Deed is attached hereto as Exhibit "A" and is incorporated herein by reference. 4. The following is a brief description of the improvement which is associated with the proposed sale: The subject real estate is improved with a one story brick school building with 17 rooms, including classrooms, cafeteria/gym, all- purpose room, kitchen, offices, restrooms and storage rooms/areas. The building contains approximately 32,054 square feet and appears to be in average condition. Further, the property is improved with an asphalt parking lot, sidewalks and playground areas. 5. In June of 1979, the District ceased using the property as an elementary school. 6. Thereafter, the District entered into a lease agreement with the Capital Area Intermediate Unit, for the 1980-1981 school year. 7. The Capital Area Intermediate Unit used the subject property to provide educational programs until 2008. 8. The District entered into an Agreement of Sale and Addendum, dated October 9, 2012, with Brooks Edge, LP ("Purchaser"), for the sale and purchase of the subject property. A 0113508- 2 true and correct copy of said Agreement of Sale and Addendum and the minutes of the Board of Directors accepting the Agreement of Sale and Addendum and authorizing its execution are attached hereto, incorporated herein and marked as Exhibits "B" and "C". 9. Pursuant to the Sales Agreement and Addendum, the sales price for the subject property was stated as One Million Five Hundred Thousand and 00/100 ($1,500,000.00) Dollars to be paid at settlement. 10. However, the Addendum to Sales Agreement provided for a due diligence period to permit the Purchaser to conduct physical inspections of the subject property, to conduct environmental studies of the property and to allow the District sufficient time to have the subject property re-zoned by Lower Allen Township. 11. Lower Allen Township approved the re-zoning of the subject property on February 11, 2013. 12. Following the re-zoning and within the due diligence period, the Purchaser approached the District with a request to reduce the sales price to $777,720. 13. In support of its request to reduce the purchase price, the Purchaser provided a copy of an appraisal of the subject property as vacant land, with an opinion of value of $1,100,000. A copy of a portion of the appraisal is incorporated herein by reference and is attached hereto as Exhibit"D". 14. The Purchaser provided an estimate of $123,000 from CF Contractors, dated January 10, 2013, to demolish the existing building, dispose of all materials (except asbestos) 0113508- 3 and provide clean fill to create a vacant parcel of land. A copy of which is incorporated herein by reference and is attached hereto as Exhibit "E". 15. The Purchaser also submitted an estimate from PCS Environmental and Selective Demolition Contracting Services, dated February 11, 2013, in the amount of$32,000 to remove and dispose of floor tiles and mastic containing asbestos and light bulbs and ballasts containing mercury. A copy of which estimate is incorporated herein by reference and is attached hereto as Exhibit"F". 16. Finally, the Purchaser provided an estimate from Mainline Excavating, Inc., dated May 24, 2013, in the amount of$334,560 to remove bulk rock at the subject property and asked the District to consider, as a part of the price reduction, to include one-half of the estimated cost of rock removal, $167,280. A copy of such estimate is incorporated herein by reference and is attached hereto as Exhibit"G". 17. The total of the aforementioned costs is $322,280, which Purchaser subtracted from its appraised value of$1,100,000 to arrive at the requested reduction in the purchase price to $777,720. 18. The District and the Purchaser agreed to a reduced purchase price of$1,100,000 after negotiations. 19. The purchase price was reduced to $1,100,000 and the closing date and various milestones in the Sales Agreement were revised in a Second Addendum, erroneously dated October 9, 2012, signed between June 28, 2013 and July 18, 2013. A copy of the Second Addendum and the minutes of the Board of Directors accepting the same and authorizing its 0113508- 4 execution are attached hereto, incorporated herein by reference, and marked as Exhibits "H" and «I„ 20. The Sales Agreement was further amended by a Third Addendum, dated September 19, 2013, to extend the due diligence period, to waive the financing contingency, and to extend the date for court approval and settlement. A copy of the Third Addendum and the minutes of the Board of Directors accepting the same and authorizing its execution are attached hereto, incorporated herein by reference and marked as Exhibit"Y' and "K". 21. All due diligence periods have expired and the remaining contingency in the Sales Agreement is approved by this Honorable Court. 22. The District obtained a Summary Appraisal Report, as of September 14, 2011, of the subject property from Walters Appraisal Services, Inc., which Summary Appraisal Report gave an opinion of value, based on a sales comparisons approach of $1,120,000, as well as an opinion of value, based on an income approach of$1,200,000 with a reconciled opinion of value as $1,200,000. 23. As required by 24 P.S. §7-707 and in support of this Petition, Petitioner attaches the affidavits of two real estate professionals familiar with the values of non-residential real estate in Lower Allen Township, Cumberland County, Pennsylvania. Said affidavits are attached hereto as Exhibits "L" and"M" and are incorporated herein by reference. WHEREFORE, Petitioner, the West Shore School District, respectfully requests that this Honorable Court: a. Set a date and time for a hearing on the foregoing Petition; 0113508- 5 b. Direct that the public notice be given by the Petitioner pursuant to 24 P.S. §707(1); and c. Approve the proposed private sale of the subject property to Brooks Edge, LP, pursuant to the terms and conditions of the Agreement of Sale, dated October 9, 2012, and amended by an Addendum, dated October 9, 2013, a Second Addendum, signed on June 28 and July 18, 2013, and a Third Addendum, dated September 19, 2013. Respectfully Submitted, STOC ND LEADER Date: / S By: Phil H. Spare, Esquire Court ID # 65200 David A. Jones, Il, Esquire Court ID # 82153 Attorneys for Petitioner Stock and Leader, LLP Susquehanna Commerce Center East 221 West Philadelphia St., Ste. 600 York, PA 17401 Phone: (717) 846-9800 0113508- 6 VERIFICATION I hereby affirm that the following facts are correct: I am the Superintendent of the West Shore School District in the foregoing action. I have been authorized by action of the Board of School Directors to execute all documents necessary to accomplish the sale of the real property. The attached Petition for Approval of Private Sale is based upon information which has been furnished to counsel and information which has been gathered by counsel in the preparation of this document. The language of the Petition is that of counsel and not mine. I have read the Petition and to the extent that the same is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and.belief. To the extent that the content of the Petition is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the averments of fact set forth in the aforesaid Petition are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. WEST SHORE SCHOOL DISTRICT Date: �� _ By: uperinten e t EXHIBIT `i4 " 1 � i� THIS DEED, made the"//-day of 0i�`�'0/' , 1978, (111 between WEST SHORE SCHOOL DISTRICT AUTHORITY, a Pennsylvania 3 Municipality Authority, successor by merger to Lower Allen Town- {J ship School District Authority, party of the first part, Grantor, and WEST SHORE SCHOOL DISTRICT, party of the second part, Grantee, W I T N E S S E T H That in consideration of One ($1.00) Dollar, in hand paid, I the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantee, TRACT NO. 1 j ALL THOSE TWO CERTAIN tracts of land situate in Lower Allen j Township, Cumberland County, Pennsylvania, bounded and described ` as follows: BEGINNING at a point in the Public Road known as Pennsyl- vania Legislative Route No. 21069, which leads from U. S. Route No. 15 to Rossmoyne and at corner of lands of George W. Baublitz and Esther A. Baublitz, his wife; thence by said Road the following five courses and distances, viz: North forty-one (41) degrees forty-seven (47) minutes West three hundred ninety-four and thirty-three one-hundredths (394.33) feet to a point; thence North thirty-four (34) degrees forty-eight (48) minutes West one hundred ten and forty-one one-hundredths (110.41) feet to a point; thence North thirty (30) degrees thirty-three (33) minutes West one hundred sixty-eight and fifty-two one-hundredths (168.52) feet to a point! thence North thirty-four (34) degrees thirteen (13) minutes West one hundred twenty-two and twelve now or formerly of Daniel H. Ritter; thence by lands of the said one-hundredths (122.12) feet to a point; thence North forty-two . j (42) degrees forty-six (46) minutes West forty-two and ninety- five one-hundredths (42.95) feet to a point at corner of lands iDaniel H. Ritter North fifty-one (51) degrees thirty (30) minutes East seven hundred sixty-eight and nine one-hundredths (768.09) feet to a point at corner of lands of Kenneth K. Eart; thence by ' said lands of Kenneth K. hart South thirty-one (31) degrees forty-five (45) minutes East eight hundred thirty-six and ninety- one one-hundredths (836.91) feet to a point at corner of lands of Leroy Detweiler; thence by lands of said Leroy Detweiler and George W. Baublitz and Esther A. Baublitz, his wife, South fifty- one (51) degrees eighteen (18) minutes West six hundred eighty- three and seven one-hundredths (683.07) feet to a point at the ' aforesaid Public Road, the place of Beginning. } CONTAINING fourteen and four one-hundredths (14.04) Acres of Land. 1 TOGETHER WITH the Rossmoyne Elementary School Building, erected thereon and together with all fixtures, furnishings and equipment in connection with said school building. I EuG��� PACf 6$3 I BEING the same premises which David H. Ritter and wife, by Deed dated May 11, 1957, recorded in Deed Book 17-X, Page 19, Cumberland County Records, conveyed to Lower Allen Township School District. t TRACT NO. 2 BEGINNING at a point in the middle of State Highway Route 021023 (spur) also known as the Lisburn Road, which point is one hundred forty and thirty-one hundredths (140.31) feet northwest of the center of the intersection of State Highway Route 021023 (spur) and Township Road T-647; thence South sixty-seven degrees thirty-three minutes West (S 670 33' v), a distance of thirty- two and sixty-one hundredths (32.61) feet to a point at the extreme northeast corner of lands of Neal E. Wood, Jr., et ux.; thence South seventy-eight degrees thirty minutes West (S 73° 30' W) and along the rear lot line of Neal E. Wood, Jr., et ux., a distance of eighty-four and two-tenths (84.2) feet to a point; thence North eleven degrees thirty minutes West W 11° 30' W) and along land of Harvey E. Reeser et ux. a distance of forty- nine and ninety-five hundredths (49.95) feet to a point; thence South seventy-eight degrees thirty minutes West (S 78° 30' W), a distance of two hundred fifty-two (252) feet to a point; thence South forty-nine degrees fifty-seven minutes West (S 49° 57' W), a distance of seventy-seven and forty-one hundredths (77.41) feet to a point; thence South seventy-eight degrees thirty minutes West (S 78° 30' W) a distance of six hundred ninety (690) feet to a point; thence North eleven degrees thirty minutes West (N 11° 30' W), a distance of ninety (9o) feet to a point; thence South seventy-eight degrees thirty minutes West (S 78° 30' W), a distance of one hundred fourteen and ninety-five hundredths (114.95) feet to a point; thence North sixteen degrees fifteen minutes West (N 160 15' 19), a distance of two hundred thirteen and forty-three hundredths (213.43) feet to a point; thence North thirty-nine degrees thirty-six minutes East (N 39° 36' E), a distance of three hundred twenty-eight and seventeen hundredths (328.17) feet to a stake; thence North seventy-seven degrees fifty-seven minutes thirty seconds East (N 771 57' 30" E), a distance of five hundred thirty-one and eight hundredths (531.08) feet to an iron pipe; thence South sixty-two degrees three minutes East (S 62° 03' E), a distance of two hundred thirty-six and thirteen hundredths (236.13) feet to a stake;. thence North seventy-nine degrees eighteen minutes East IN 79° 18' E), a distance of two hundred twenty-five and seventy-eight hundredths (225.78) feet to a point on the eastern line of State Highway Route 21023 (spur) also known as the Lisburn Road; thence South twenty-eight degrees thirty-two minutes East (S 28° 32' E) a distance of eighteen and thirty-six hundredths (18.36) feet to a bolt; thence South twenty- one degrees ten minutes East (S 21° 10' E), a distance of three hundred fifty-four and sixty-nine hundredths (354.69) feet to a point the place of Beginning. CONTAINING twelve and seven hundredths (12.07) acres, more or less. TOGETHER WITH the Cedar Run Elementary School Building constructed thereon, together with all fixtures, furnishings and equipment used in connection therewith. BEING the same premises which Ernest H. Spoonhour and wife, by Deed dated November 1, 1960, recorded in Deed Book 20-A, Page 1082, Cumberland County Records, conveyed to Lower Allen Township School District. Equitable title passed to Lower Allen Township School District Authority. 8009428 FACE 684 ...:....<.,.,w..c.A,war.,-�.x�..a*n...w..nm.rrw.:r.+re.�w.��nw�.�•.....wer;_�.a«rn».••y�-,.t?*>..r..x«...,..�,...-.,y.r.y.r<o5'+"a.n.....x..e,..-.......-..,.-..+..-..,e»...,...•m..,t.........-:........:...- 1 I t 1 i This Deed is executed and delivered pursuant to a P.esolution adopted by West Shore School District Authority on August 29, 1978, j following the provision by the Grantee of all funds required to i j pay the principal and interest to maturity of all bonds issued 1 j pursuant to Indentures dated September 1, 1958, and December 1, j 1961, respectively, between Lower Allen Township School District f I Authority and Lemoyne Trust Company as Trustee. { ( IN WITNESS WHEREOF, West Shore School District Authority has i } caused this Deed to be executed by its chairman and its corporate tseal to be affixed and attested by its secretary as of the date # first above set forth. .t WEST SHORE. SCHOOL DISTRICT AUTHORITY i OA By , creta<y� cn STATE OF PENNSYLVANIA) ro °tea m COUNTY OF CUMBERLAND ) =roc N ^xcmo� NJ r:U'n On this, the -r/j/- day of ' 1978, j before me, the undersigned officer, personally appeared rC William H. Wood, who acknowledged himself to be the Chairman of the West Shore School District Authority, and he as such Chairman, being authorized to do so, executed the foregoing instrument for the purposes therein ! contained. t IN WITNESS WHEREOF, I hereunto set my hand and official seal. •o is } I do hereby certify that the precise address of the within named fi Grantee is 1000 Hummel Avenue, Lemoyne, Pe a. 170043,.. 1978 �s0x/f 28 Attokney for 1 a _ I RGC-21017-691 FOR RECORDER' Us j LY REALTY TRANSFER TAX s COMMONWEALTH OF PENNSYLVANIA BOOK NUMBER �,�J_pg__ DEPARTMENT OF REVENUE BUREAU OF COUNTY COLLECTIONS AFFIDAVIT OF VALUE PAGE NUMBER_ G✓..._�. DATE RECORDED_._/_— -��,9 COMPLETE APPLICABLE SECTIONS IN FULL AND FILE IN DUPLICATE WITH RECORDER OF DEEDS WHEN(1)THE FULL CONSIDERATION IS NOT SET FORTH IN THE DEED,(2)THE TRANSFER IS WITHOUT CONSIDERATION OR A GiFT. OR(2)A TAX EXEMPTION IS CLAIMED.(REF,ER SECT.8,RTT ACT OF DEC.27,19$1,P.L. 1742 AS AMENDED) �( SECTION I West Shore School District AutllOTlt�ETBUCO EBaU TRANSACTIONS) to the Lower Allen Township School District 1000 Hummel Avenue Lemo D Aut on y GRANTOR ISI ADDRESS yam' West Shore School District 1000 Hummel Avenue LemoyD—pa, __ GRANTEE IS) ADDRESS LOCATION OF LAND,TENEMENTS AND HEREOITAMENTS: Lower Allen Township Cumberland R.O.,STREET A NUMBER OR OTHER DESCRIPTION NAME OF LOCAL GOVERNMENTAL UNIT COUNTY FULL CONSIDERATION$ 1'�D HIGHEST ASSESSED VALUE$ FAIR MARKET VALUE S REALTY TRANSFER TAX PAID$ TAX EXEMPT TRAHSACTIOH5t IF TRANSFER IS PARTIALLY OR WHOLLY EXEMPT,SHOW AMOUNT EXEMPT, REASON(S)AND CITE PORTION OF LAW._ This is a conveyance between political sub-divisions of the Commonwealth Of Pennsylvania and is fnTly pxpmpy f TT , taxes. r IF THIS IS A TRANSFER FROM A STRAW,AGENT OR TRUST AGREEMENT,COMPLETE THE REVERSE SIDE. SECTION 11 (COMPLETE ONLY IF PROPERTY WAS SUBJECT TO LIEN OR MORTGAGE AT THE TIME OF TRANSFER) EXISTING MORTGAGE.S DISPOSITION MORTGAGEE ADORES$ EXISTING MORTGAGE.f DISPOSITION MORTGAGEE ADORES EXISTING LIEN OR OBLIGATION:$ DISPOSITION LIENHOLDER EXISTING LIEN OR OBLIGATION,S DISPOSITION LIENHOLDER ADDRESS SECTION III (COMPLETE ONLY IF TRANSFER IS RESULT OF JUDICIAL SALE) OFFICIAL CONDUCTING SALE NAME L SUCCESSFUL BIDDER NAME ADORES$ TITLE JUDGEMENT PLUS BID PRICE HIGHEST ASSESSED PRIOR LIENS VALUE JUDGEMENT PLUS INTEREST34;BID PRICE PRICE '..'J✓ n"'t:' i;•'. 'i.�.+ s. PRIOR RECORDFQ.WEN S 'T=-Ti'wJ:��'t%{%!�F`iy;'•�. PRIOR RECORDED MORTC PRIOR RECORDED MORTGAGE S S :+%1. + ^,4.y•` '` UNPAID REAL ESTATE TAXES S f '"R: WATER RENT DUE S S SEWAGE RENT DUE S f ATTORNEY FEES S f ':y:;�°+sir:<.a%z,.;15��y;::�;.'+,• OTHER(COSTS,ETC.) $ $ •~.'�"~' >''` TOTAL S $ S MUTE: CALCULATIONS MUST BE SHOWN IN ALL COLUMNS. ALL OF THE INFORMATION ENTERED 5 �'�����yy�'ti S5l1�j �l£D•B irFOR ME THIS ON BOTH SIDES OF THIS AFFIDAVIT IS DAY OF )q TRUE,FULL AND COMPLETE TO THE BEST OF MY KNOWLEDGE, INFORMA- TION D BELIEF. j YCIOMMI�S101�EXP ,`'I1� 19 �'Ll��•t��.e�c�/� .4 y�fr ; GRANTEE AGENT FOR GRANTEE i 1,?;,i•p3. Cur..c�faid$C0 -6/n/ ❑GRANTOR AGENT FOR GRANTOR B00 28 PhuE 686 037RAW �TRU$TEE I ? AGREEMENT FOR THE SALE OF COMMERCIAL REAL ESTATE ASC this faim recommended and approved for,but not restricted to use by,the members of the Pennsylveaia Association of REALTORSOD(PAR). SELLER'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER BROKER(Company) Campbell Commercial Real >Qetate Ina. PHONE (717)737-6161 ADDRESS 825 K 12th Street Suite 203. Lemoyne, PA 17043 FAX (717)737-9640 LICENSEE(S)Arthur D Campbell Designated Agent? []Yes []No BROKER IS THE AGENT FOR SELLER. OR(If checked below); Broker is NOT the Agent for Seiler and is a/an: ❑AGENT FOR BUYER ❑TRANSACTION LICENSEE BUYER'S BUSINESS RELATIONSHIP WITH PA LICENSED BROKER BROKER(Company) Campbell Commercial Real Bstate Ino. PHONE -(717)737-6161 ADDRESS 5525 N 12th street suitg 223. Lamovna, RA 17043 FAX 17171737-9640 LICENSEES)Arthur D. Cambell Designated Agent? []Yes ❑No BROKER IS THE AGENT FOR BUYER. OR(if checked below): Broker is NOT the Agent for Buyer and 19 s/en: ❑AGENT FOR SELLER ❑SUBAGENT FOR SELLER ❑TRANSACTION LICENSEE When the same Broker Is Agent for Seller and Agent for Buyer, Broker Is a Dual Agent. All of Broker's licensees are also Dual Agents UNLESS there are separate Designated Agents for Buyer and Seller.If the same Licensee is designated for Selltr and Buyer,the Licensee is a Dual Agent. l I. This Agreement,dated Ootober 2012_ is between 2 SELLER(s): West: Shore Area School District 3 4 S g ,called eller."and 7 BUYE (s)t Brooks &d e, L.P. 8 9 10 ---.._.._. 11 ,called"Buyer." 12 2. PROPERTY.Seller hereby agrees to sell and convey to Buyer,who hereby agrees to purchase: 13 ALL THAT CERTAIN lot or piece of ground with buildings and improvements thereon erected,If any,known as: 850 Lisburn Road 14 IS 16 17 in the Townahip of Lower Allen County of Cumberland , 18 Commonwealth of Pennsylvania.Identification(e.g.,Tax ID#;Parcel#;Lot,Block;Dted Book,Page,Recording Date) 13-24-0803-018 19 20 21 22 3. TERMS(10-06) U.S.Dollars, 23 (A) Purchase Price $1,500,000.00 24 which will be pa to Seller by Buyer as follows: 25 I. Cash or check at signing this Agreement: by both parties+' $ 20,000.00 26 2. Cash or check within days of the execution of this Agreement: $ 27 3. $ 28 4, $ 29 5. Cash or cashier's check at time of settlement: $ 1,480,000.00 30 TOTAL S 1,500,000.00 31 (B) Deposits paid by Buyer within 30 DAYS of settlement will be by cash or cashier's check. Deposits,regardless o t e form of payment an 32 the person designated as payee,will be paid in U.S.Dollars to Broker for Seller(unless otherwise stated here), + Within five (5) da s 33 of the signing by all parties, Seller shall provide proof of the deposit being plaoad in escrow 34 with Buyer's title company 35 ,who will retain 36 deposits in an escrow account until consummation or termination ofthis Agreement in conformity with all applicable laws and regulations.Any 37 check tendered as deposit monies may be held uncashed pending the acceptance of this Agreement. 38 (C) Seller's written approval on or before: October l , 2012 39 (D) Settlement to be on sae Addend= or before if Buyer and Seller agree. 40 41 Buyer Initials,--/7 ✓v ASC Page 1 of9 Seller Initials: Revised 9/11 ` �� Pennsylvania Association of REALTORS' COPYRIGHT PENNSYLVANIA ASSOCIATION OF REALTORS®Qa1 CAMPBELL CommeroialReal Estate 525 N.12th Street Lemoyne,PA 17043 Phone:(717)737.6161 Fax: Arthur Campbell WSSD-Hatter Produced with:ipFoffnV by ripLo& 16070 Fifteen Mite Road,Fraser,MIchloan M26 MW Ar aiassm 42 (E) Conveyance from Seller will be by fee simple deed of special warranty unless otherwise stated here: 43 44 45 46 47 (F) Payment of transfer taxes will be divided equally between Buyer and Seller unless otherwise stated here: f 48 +I 49 50 ? 51 (G) At time of settlement, the following will be adjusted pro-rata on a daily basis between Buyer and Seller,reimbursing where applicable:taxes 52 (see Notices and Information Regarding Real Estate Taxes); rents; interest on mortgage assumptions;condominium fees, if any; water and/or 53 sewer fees,if any;together with any other lienable municipal service.All charges will be pro-rated for the period(s)covered.Seller will pay up j 54 to and including the date of settlement and Buyer will pay for all days following settlement,unless otherwise stated here: Seller does not 55 pay Real %state taxes 56 57 (H) Buyer will reimburse Seller for the actual costs of any remaining heating,cooking or other fuels stored on the Property at the time of settlement, 58 unless otherwise stated here: No reimbursement by Buyer 59 60 4. FUf URES&PERSONAL PRO (1-00) 61 (A) INCLUDED in this sale are all existing items permanently installed in the Property,free of liens, including plumbing;heating; HVAC equip- 62 ment;lighting fixtures(including chandeliers and ceiling fans);and water treatment systems,unless otherwise stated below.Also included: 63 Any kitohen equipment in place on the date of this Agreement (Sao Addendum) 64 65 66 67 68 (B) LEASED items(not owned by Seller): N/A _ 69 70 71 72 73 74 (C) EXCLUDED fixtures and items: 75 76 77 78 79 80 5. POSSESSION 81 (A) Possession is to be delivered by deed,keys and: 82 t. Physical possession to vacant Property free of debris, with all structures broom-clean, at day and time of settlement, unless otherwise 83 stated here: 84 AND R 85 2. Assignment of existing lease(s),together with any security deposits and interest at day and time of settlement,if Property is leased at the 86 execution of this Agreement, unless otherwise specified here: There are no existing Leases 87 88 89 90 91 92 93 94 95 96 97 98 99 100 (B) Buyer will acknowledge existing lease(s)by initialing the lease(s)at the execution of this Agreement,unless otherwise specified, 101 (C) Seller will not enter into any new leases,extensions of existing leases,or additional leases for the Property without the written consent of Buyer. 102 103 �r 104 Buyer Initials: ASC Page 2 of 9 Seller Initials: Revised 8111 PMdueed With VpFo"by zipLogix 16070 Fifteen Mite Road,Frasar.Mientgan 48026 t MSj. loLog&= WSSD-Hatter 105 6. DATES/TIME IS OF THE ESSENCE(94S) 106 (A) The settlement date and all other dates and times referred to for the performance of any of the obligations of this Agreement are of the essence f 107 and are binding. 108 (B) For the purposes of this Agreement,the number of days will be counted from the date of execution,excluding the day this Agreement was exe- 109 cuted and including the last day of the time period.The Execution Date of this Agreement is the date when Buyer and Seller have indicated 110 foil acceptance of this Agreement by signing and/or initialing it.All changes to this Agreement should be initialed and dated. III (C) The settlement date is not extended by any other provision of this Agreement and may only be extended by written agreement of the parties, 112 (D) Certain time periods are pre-printed in this Agreement as a convenience to the Buyer and Seller. All pre-printed time periods are negotiable 113 and may be changed by striking out the pre-printed text and inserting a different time period acceptable to all panics. l 14 7. FINANCING CONTINGENCY(10-06) its ❑ WAIVED.This sale is NOT contingent on financing,although Buyer may still obtain financing. 116 ELECTED. 117 (A) This sale is contingent u�°n Buyer obtaining financing as follows: 118 1. Amount of loan d"P rehn;o_ 119 2, Minimum Term years 120 3. Type of loan Conventional 121 4, Buyer agrees to accept the interest rate as may be committed by the lender,not to exceed a maximum interest rate of 122 (B) Within days(10 if not specified)from the Execution Date of this Agreement,Buyer will make a completed,written application for the 123 financing terms stated above to a responsible lender(s)of Buyer's choice, Broker for Buyer,if any,otherwise Broker for Seller,is author- 124 Ized to communicate with the lender(s)to assist in the financing process. ! 125 (C) Should Buyer furnish false or incomplete information to Seller,Broker(s),or the lender(s)concerning Buyer's legal or financial status, 126 or fail to cooperate in good faith in processing the financing application,which results in the lender(s)refusing to approve a financing 127 commitment,Buyer will be in default of this Agreement, 128 (D) 1. Upon receipt of a fmaneing commitment,Buyer will promptly deliver a copy of the commitment to Seller. 129 2. Financing commitment date 120 da a from una arable R3, multi-family, coning change (addendum) 130 Unless otherwise agreed to in writing by Buyer and Seller, if a written commitment is not received by Seller by the above date, this 131 Agreement will be VOID, with all deposit monies returned to Buyer according to the terms of paragraph 20. Buyer will be responsible 132 for any premiums for mechanics' lien insurance and/or title search, or fee for cancellation of same, if any; AND/OR any premiums for 133 flood insurance and/or fire insurance with extended coverage, insurance binder charges or cancellation fee,if any: AND/OR any apprais- 134 al fees and charges paid in advance to lender. 135 8. STATUS OF WATER(5-01) 136 Seller represents that Property is served by: 137 ® Public water 138 ❑ On-site water 139 © Community Water 140 © None 141 Q 142 Seller warrants that the system(s)are frilly paid for as of the Execution Date of this Agreement. 143 9. STATUS OF SEWER(5-01) 144 Seller represents that Property is served by: 145 ® Public Sewer 146 ❑ Community Sewage Disposal System 147 (] Off-Property Sewage Disposal System 148 © Individual On-Lot Sewage Disposal System(See Sewage Notice 1) 149 ❑ Individual On-Lot Sewage Disposal System in Proximity to Well(See Sewage Notice l;see Sewage Notice 4,if applicable) 150 Ten-acre Permit Exemption(see Sewage Notice 2) 151 [] Holding Tank(See Sewage Notice 3) 152 ❑ None(See Sewage Notice l) 153 [] None Available/Permit Limitations in Effect(See Sewage Notice 5 or Sewage Notice 6,as applicable) 154 [] 155 Seller warrants that the system(s)are fully paid for as of the Execution Date of this Agreement. 156 10. ZONING CLASSIFICATION(5-01) 157 Failure of this Agreement to contain the zoning classification(except in cases where the property (and each parcel thereof,if subdividable)is zoned 158 solely or primarily to permit single-family dwellings)will render this Agreement voidable at the option of the Buyer, and,if voided,any deposits 159 tendered by the Buyer will be returned to the Buyer without any requirement for court action. 160 Zoning Classification:R-1; *$*a page 8 161. 11.ZONING CONTINGENCY(10.06) 162 ❑ WAIVED. 163 ® ELECTED,Contingency Period: 1/1/13 days(15 if not specified)from the Execution Date of this Agreement. 164 (A) Within the Contingency Period, Buyer,at Buyer's expense,may verify that Buyer's proposed use of the Property as Residential 165 Rousing 166 is permitted under the current zoning classification for the Property and is not prohibited by any other governmental land use restriction 167 Buyer Initials: ASC Page 3 of 9 Seller Initials: Revised 8 111 Produced with zipFan0 by ziptopbd 18070 Finaen Mile Road,Fraser,Miehlgen 48028 ItM AbLonix com WSSD-Hatter 168 (B) if Buyer's proposed use of the Property is not permitted, Buyer will, within the Caotingeney Period, notify Seller in writing that the pro- 170 posed use of the Property is not permitted,and Buyer will: ® Option 1 p rtY P Y 171 1. Accept the Property and agree to the RELEASE in paragraph 25 of this Agreement,OR j 172 2. Terminate the Agreement of Sale by written notice to Seller,with all deposit monies returned to Buyer according to the terms of para- i 173 graph 20 of this Agreement,OR 174 3. Enter into a mutually acceptable written agreement with Seller. 175 If Buyer and Seller do not reach a written agreement during the Contingency Period and Buyer does not terminate the 176 Agreement of Sale by written notice to Seller within that time, Buyer will accept the Property and agree to the RELEASE In 177 paragraph 25 of this Agreement. 178 ❑ Option 2 179 1. Within the Contingency Period, Buyer will make a formal written application for zoning approval,variance, non-conforming use, 180 or special exception from (municipality)to use the Property as 181 (proposed use).Buyer will pay for 182 applications,legal representation,and any of er costs associated with the application and approval process. 183 2. If the municipality requires the application to be signed by the current owner,Seller agrees to do so. 184 3. if final,unappealable approval is not obtained by ,Buyer will: 185 (A) Accept the Property with the current zoning and agree tote WEA iE in paragraph 25 of this Agreement,OR 186 (8) Terminate the Agreement of Sale by written notice to Seller,with all deposit monies returned to Buyer according to the terms 187 of paragraph 20 of this Agreement,OR 188 (C) Enter into a mutually acceptable written agreement with Seller. 189 If Buyer and Seller do not reach a written agreement before the time for obtaining final approval,and Buyer does not 190 terminate the Agreement of Sale by written notice to Seller within that time, Buyer will accept the Property and agree 191 to the terms of the RELEASE in paragraph 25 of this Agreement, 192 12. PROPERTY DEFECTS DISCLOSURE(10-01) 193 (A) Seller represents and warrants that Seller has no knowledge except as noted in this Agreement that:(1)The premises have been contaminated 194 by any substance in any manner which requires remediation; (2)The Property contains wetlands, flood plains, or any other environmentally 195 sensitive areas, development of which is limited or precluded by law; (3)The Property contains asbestos, polychlorinated biphenyls, lead- 196 based paint or any other substance,the removal or disposal of which is subject to any lacy or regulation;and(4)Any law has been violated in 197 the handling or disposing of any material or waste or the discharge of any material into the soil,air,surface water,or ground water. 198 (B) Seiler and Buyer acknowledge that any Broker identified in this Agreement: (1) Is a licensed real estate broker;(2) Is not an expert in con- 199 struction,engineering,or environmental matters;and(3)Has not made and will not make any representations or warranties nor conduct inves- 200 tigations of the environmental condition or suitability of the Property or any adjacent property,including but not limited to those conditions list- 201 ed in paragraph 1.2(A). 202 (C) Seller agrees to indemnify and to hold Broker harmless from and against all claims,demands,or liabilities,including attorneys fees and court 203 costs,which arise from or are related to the environmental condition or suitability of the Property prior to,during,or after Seller's occupation 204 of the Property including without limitation any condition listed in paragraph 12(A), 20S (D) The provisions of this paragraph will survive settlement. 206 13. NOTICES AND ASSESSMENTS(5-01) 207 (A) Seller represents,as of the date Seller signed this Agreement,that no public improvement,condominium or owner association assessments have 208 been made against the Property which remain unpaid,and that no notice by any government or public authority has been served upon Seller or 209 anyone on Seller's behalf, including notices relating to violations of zoning,housing,building,safety or fire ordinances that remain uncorrect- 210 ed, and that Seller knows of no condition that would constitute a violation of any such ordinances that remains uncorrected,unless otherwise 211 specified here: 212 213 214 215 (B) Seller knows of no other potential notices(including violations)and assessments except as follows: 216 217 2I9 219 (C) Any notice of improvements or assessments received on or before the date of Seller's acceptance of this Agreement,unless improvements con- 220 sist of sewer or water lines not in use,shall be the responsibility of the Seller;any notices received thereafter shall be the responsibility of the 221 Buyer. 222 (D) if required by law, Seller will deliver to Buyer, on or before settlement, a certification from the appropriate municipal department or depart- 223 ments disclosing notice of any uncorrected violation of zoning,building,safety,or fire ordinances. 224 (E) Access to a public road may require issuance of a highway occupancy permit from the Department of Transportation. 225 14. TITLE AND COSTS(10-06) 226 (A) The Property is to be conveyed free and clear of all liens,encumbrances, and easements, EXCEPTING HOWEVER the following: existing 227 deed restrictions,historic preservation restrictions or ordinances,building restrictions,ordinances,easements of roads,easements visible upon 228 'the ground,easements of record, privileges or rights of public service companies,and land use restrictions pursuant to property enrollment in 229 a preferential tax program if any. ] 230 Buyer initials: ASC Page 4 of 9 Seller Initials; Revised 8/11' Produced wllh VpForm&by zrpLogix 18070 Fifteen Mile Road,Fraser,Michigan 48028 wow ziuioo oom WSSD•Hatter i i 231 (B) Buyer will pay for the following: (1) Title search, title Insurance and/or mechanics' lien insurance, or any fee for cancellation; 232 "' (2)-Flood insurance, fire insurance with extended coverage, mine subsidence insurance.-or any fee for .cancellation; (3) Appraisal thes _and 233 charges paid in advance to mortgage lender(s);(4)Buyer's customary settlement costs and accruals. 234 (C) Any survey or surveys required by the title insurance company or the abstracting attorney for preparing an adequate legal description of the 235 Property (or the correction thereof) will be obtained and paid for by Seiler. Any survey or surveys desired by Buyer or required by a lender will 236 be obtained and paid for by Buyer. 237 (D) If Seller is unable to give.a good and marketable title and such as is insurable by a reputable title insurance company at the regular rates, as specifed 238 specified in paragraph 14(A),Buyer will: 239 1. Accept the Property with such title as Seller can give, with no change to the purchase price, and agree to the RELEASE in paragraph 25 of this 240 Agreement,OR 241 2. Terminate this Agreement by written notice to Seller, with all deposit monies returned to Buyer according to the terms of paragraph 20 of 242 this Agreement. Upon termination, Seller will reimburse Buyer for any costs incurred by Buyer for any inspections or certifications obtained 243 according to the terms of this Agreement,and for those items specified in paragraph 14(B)items(1),(2),(3)and in paragraph 14(C). 244 15.COAL NOTICE(Where Applicable) 245 THIS DOCUMENT MAY NOT SELL,CONVEY,TRANSFER,INCLUDE OR INSURE THE TITLE TO THE COAL AND RIGHTS OF St1PPORT UNDERNEATH THE SURFACE LAND 246 DESCRIBED OR REFERRED TO HEREIN,AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT TO REMOVE ALL SUCH COAL AND 247 IN THAT CONNECTION,DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE,BUILDING OR OTHER STRUCTURE ON OR M SUCH LAND.(This 248 notice is set forth in the manner provided in Section I of the Act of July 17, 1957, P.L. 984.) 'Buyer acknowledges that he may not be obtaining the 249 right of protection against subsidence resulting from coal mining operations, and that the property described herein may be protected from damage 250 due to mine subsidence by a private contract with the owners of the economic interests in the coal. This acknowledgement is made for the purpose 251 of complying with the provisions of Section 14 of the Bituminous Mine Subsidence and the Land Conservation Act of April 27, 1966." Buyer agrees 252 to sign the deed from Seller which deed will contain the aforesaid provision. 253 16.TAX DEFERRED EXCHANGE(10-01) 254 ® NOT APPLICABLE. 255 ❑ APPLICABLE. If Seller wishes to enter into a tax deferred exchange for the Property pursuant to Section 1031 of the Internal Revenue Code, 256 Buyer agrees to cooperate with Seller in connection with such exchange,including the execution of such documents as may be reasonably nec• 257 essary to conduct the exchange,provided that there shall be no delay in the agreed-to settlement date,and that any additional costs associated 258 with the exchange are paid solely by Seller.Buyer is aware that Seller anticipates assigning Seller's interest in this Agreement to a third parry 259 under an Exchange Agreement and consents to such assignment. Buyer shall not be required to execute any note,contract,deed or other doc- 260 ument providing any liability which would survive the exchange, nor shall Buyer be obligated to take title to any property other than the 261 Property described in this Agreement. Seller shall indemnify and hold harmless Buyer against any liability which arises or is claimed to have 262 arisen from any aspect of the exchange transaction. 263 17. COMMERCIAL CONDOMINIUM(10.01) 264 ® NOT APPLICABLE. 265 ❑ APPLICABLE, Buyer acknowledges that the condominium unit to be transferred by this Agreement is intended for nonresidential use, and 266 that Buyer may agree to modify or waive the applicability of certain provisions of the Uniform Condominium Act of Pennsylvania(68 Pa.C.S. 267 §3101 el.seq.). 268 18. RECORDING(9-05)This Agreement will not be recorded in the Office of the Recorder of Deeds or in any other office or place of public record, 269 If Buyer causes or permits this Agreement to be recorded,Seller may elect to treat such act as a breach of this Agreement. 270 19. ASSIGNMENT(9-05)This Agreement is binding upon the parties,their heirs,personal representatives,guardians and successors,and to the extent 271 assignable,on the assigns of the parties hereto. Buyer will not transfer or assign this Agreement without the written consent of Seller unless other,- 272 wise stated in this Agreement. 273 20.DEFAULT,TERMINATION&RETURN OF DEPOSITS(8-11) 274 (A) Where Buyer terminates this Agreement pursuant to any right granted by this Agreement,Buyer will be entitled to a return of all deposit monies 275 paid on account of Purchase Price pursuant to the terms of Paragraph 20(B),and this Agreement wil l be VOID.Termination of this Agreement 276 may occur for other reasons giving rise to claims by Buyer and/or Seller for the deposit monies. 277 (B) Regardless of the apparent entitlement to deposit monies,Pennsylvania law prohibits a Broker holding deposit monies to determine who is entf- 278 tied to deposit monies when settlement does not occur. If this Agreement is terminated for any reason, the Broker can only release the 279 deposit monies: 280 1, If there is no dispute over entitlement to the deposit monies. Buyer and Seller agree that a written agreement signed by both parties is evi- 281 dente that there is no dispute regarding deposit monies. 282 2. According to the terms of a written agreement signed by the Buyer and Seller directing Broker how to distribute some or all of the monies. 283 3. According to the terms of a final order of court. 284 4. According to the terms of a prior written agreement between Buyer and Seller that directs the Broker how to distribute the deposit monies 285 if there is a dispute between the parties that is not resolved, (See Paragraph 20(C)) 286 287 288 289 290 291 292 / 293 Buyer Initials: ASC Page S of 9 Seller initials: Revised 8111 Produoed with zipFormO by ApLopbc rao7o Fifteen Mile Road,Fraser,Michigan48028 wAWzioLaoix.com WSSD-Flatter 294 (C) Buyer and Seller agree that if there is a dispute over the entitlement to deposit monies that is unresolved 365 days after the Settlement Date I 295 stated in Paragraflr;3(D);or any written extensions thereof, the Broker holding the deposit monies will,within 30.days..of receipt of Buyer's 296 written request,distribute the deposit monies to Buyer unless the Broker has received verifiable written notice that the dispute is the subject of 297 litigation. If Broker has received verifiable written notice of litigation before receiving Buyer's request for distribution,Broker will continue to 298 hold the deposit monies until receiving either a written distribution agreement signed by Buyer and Seller or a final court order.Buyer and Seller 299 are advised to initiate litigation for any portion of the deposit monies prior to any distribution made by Broker pursuant to this paragraph.Buyer 300 and Seller agree that the distribution of.deposit monies based upon the passage of time does not legally determine entitlement to deposit monies, 301 and that the parties may maintain their legal rights to pursue litigation even after a distribution is made. 302 (D) Buyer and Seller agree that Broker who holds or distributes deposit monies pursuant to the terms of Paragraph 20 or Pennsylvania law will not 303 be liable for those deposit monies to either Buyer or Seller,absent Broker's gross negligence or wrongful intentional actions. Buyer and Seller 304 agree that if any Broker or affiliated licensee is named in litigation regarding deposit monies, entitlement to deposit monies or distribution of . 305 deposit monies,then the Broker's and/or licensee's attorneys'fees and costs incurred for participating in such litigation will be paid by the party 306 naming them or joining them in the litigation. 307 (E) Seller has the option of retaining all sums paid by Buyer,including the deposit monies,should Buyer: 308 1. Fail to make any additional payments as specified in Paragraph 3,OR 309 2. Furnish false or incomplete information to Seller, Broker(s), or any other party identified in this Agreement concerning Buyer's legal or 310 financial status,OR 311 3. Violate or fail to fulfill and perform any other terms or conditions of this Agreement. 312 (F) Unless otherwise checked in Paragraph 20(G), Seller may elect to retain those sums paid by Buyer,including deposit monies: 313 1. On account of purchase price,OR 314 2. As monies to be applied to Seller's damages,OR 315 3. As liquidated damages for such default. 316 (G) ® SELLER IS LIMITED TO RETAINING SUMS PAID BY BUYER,INCLUDING DEPOSIT MONIES,AS LIQUIDATED DAMAGES. 317 (1-I) If Seller retains all sums paid by Buyer,including deposit monies,as liquidated damages pursuant to Paragraph 20(F)or(G),Buyer and Seller 318 are released from further liability or obligation and this Agreement is VOID. 319 (1) Brokers and licensees are not responsible for unpaid deposits. 320 21.REAL ESTATE RECOVERY FUND(9-05) 321 A heal Estate Recovery Fund exists to reimburse any persons who have obtained a final civil judgment against a Pennsylvania real estate licensee 322 owing to fraud,misrepresentation,or deceit in a real estate transaction and who have been unable to collect the judgment after exhausting all legal 323 and equitable remedies.For complete details about the Fund,call(717)783-3658 or(800)822.2113(within Pennsylvania)and(717)783-4854(out- 324 side Pennsylvania). 325 22. MAINTENANCE AND RISK OF LOSS(10-06) 326 (A) Seller will maintain the Property,grounds, fixtures and personal property specifically listed in this Agreement in its present condition,normal 327 wear and tear excepted. 328 (B) Seller will promptly notify the Buyer if, at any time prior to the time of settlement,all or any portion of the Property is destroyed,or damaged 329 as a result of any cause whatsoever. 330 (C) Seller bears the risk of loss from fire or other casualties until settlement. If any property included in this sale is destroyed and not replaced, 331 Buyer will: 332 1. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller,OR 333 2. Terminate this Agreement by written notice to Seller,with all deposit monies returned to Buyer according to the terms of paragraph 20 of 334 this Agreement. 335 23, CONDEMNATION(10-06) 336 Seiler has no knowledge of any current or pending condemnation or eminent domain proceedings that would affect the Property. if any portion f 337 of the Property should be subject to condemnation or eminent domain proceedings after the signing of this Agreement, Seller shall immediately 338 advise Buyer, in writing, of such proceedings. Buyer will have the option to terminate this Agreement by written notice to Seller within 339 days (15 days if not specified) after Buyer learns of the filing of such proceedings, with all deposit monies returned to Buyer accord- 340 inT g to the terms of paragraph 20 of this Agreement. Buyer's failure to provide notice of termination within the time stated will constitute 341 a WAIVER of this contingency and all other terms of this Agreement remain In full force and effect, 342 Z4.WAIVER OF CONTINGENCIES(9-OS) 343 if this Agreement Is contingent on Buyer's right to inspect and/or repair the Property, or to verify environmental conditions,boundaries, 344 certifications. zoning classification or use, or any other Information regarding the Property, Buyer's failure to exercise any of Buyer's 345 options within the times set forth in this Agreement is a WAIVER of that contingency and Buyer accepts the Property and agrees to the 346 RELEASE in paragraph 25 of this Agreement. 347 25.RELEASE(9-05) 348 Buyer releases, quit claims and forever discharges SELLER,ALL BROKERS,their LICENSEES, EMPLOYEES and any OFFICER or 349 PARTNER of any one of them and any outer PERSON,FIRM or CORPORATION who may be liable by or through them, from any and 350 all claims, losses or demands, including, but not limited to, personal injury and property damage and all of the consequences thereof, 351 whether known or not,which may arise from the presence of termites or other wood-boring insects,radon,lead-based paint hazards,mold, 352 fungi or indoor air quality,environmental hazards,any defects in the Individual on-lot sewage disposal system or deficiencies In the on-site 353 water service system,or any defects or conditions on the Property.Should Seiler be In default under the terms of this Agreement,or in vio- 354 lation of any seller disclosure law or regulation,this release does not deprive Buyer of any right to pursue any remedies that may be avail- 355 able under law or equity.This re se will survive settlement. 356 Buyer Initials: ASC Page 6 of 9 Seller Initials: -+ Revised 8111 Produced wish zipforn*by 77pLOgix 18070 Fifteen Mile Road,Fraser,Michigan 68026 WAW zinLngix.ssm WSSD-Hatter i • 357 26.REPRESENTATIONS(9.05) - 358- (A) All representations,claims,advertising,promotional activities,brochures or plans of any.kind made by Seller,Brokers,their licensees,employ 359 ees, officers or partners are not a part of this Agreement unless expressly incorporated or stated in this Agreement.This Agreement contains 360 the whole agreement between Seller and Buyer,and there are no other terms,obligations,covenants,representations,statements or conditions, I 361 oral or otherwise, of any kind whatsoever concerning this sale.This Agreement will not be altered, amended,changed or modified except in 362 writing executed by the parties. 363 (B) Unless otherwise stated in this Agreement, Buyer has inspected the property(including fixtures and any personal property specitical- 364 ly listed herein)before signing this Agreement or has waived the right to do so,and agrees to purchase the Property E4 ITS PRESENT 365 CONDITION. Buyer acknowledges that Brokers,their licensees,employees,officers or partners have not made an independent exam- 366 ination or determination of the structural soundness of the Property,the age or condition of the components,environmental conditions, 367 the permitted uses or of conditions existing in the locale where the Property Is situated', nor have they made a mechanical Inspection 368 of any of the systems contained therein. 369 (C) Any repairs required by this Agreement will be completed in a workmanlike manner. 370 (D) Broker(s)have provided or may provide services to assist unrepresented parties in complying with this Agreement. 371 27.CERTIFICATION OF NON-FOREIGN INTEREST(10-01) +J 372 ❑ Seller IS a foreign person, foreign corporation, foreign partnership, foreign trust, or foreign estate subject to Section 1443 of the Internal i 373 Revenue Code,which provides that a transferee(Buyer)of a U.S.real property interest must withhold tax if the transferor(Seller)is a foreign 374 person. 375 ® Seller is NOT a foreign person, foreign corporation, foreign partnership, foreign trust, or a foreign estate as defined by the Internal Revenue 376 Code,or is otherwise not subject to the tax withholding requirements of Section 1445 of the Internal Revenue Code.To inform Buyer that the 377 withholding of tax is not required upon the sale/disposition of the Property by Seller,Seller hereby agrees to furnish Buyer,at or before clos- 378 ing,with the tbilowing: 379 ❑ An affidavit stating,under penalty of perjury,the Seller's U.S.taxpayer identification number and that the Seller is not a foreign person. 380 ❑ A"qualifying statement,"as defined by statute,that tax withholding is not requiredby Buyer. 381 ❑ Other: 382 Seller understan s t at any documentation provided under this provision may be disclosed to the Internal Revenue Service by Buyer,and that any 383 false statements contained therein could result in punishment by fine,imprisonment,or both. 384 28. ARBITRATION OF DISPUTES(1-00)Buyer and Seller agree to arbitrate any dispute between them that cannot be amicably resolved.After writ- 385 ten demand for arbitration by either Buyer or Seller,each party will select a competent and disinterested arbitrator.The two so selected will select 386 a third.If selection of the third arbitrator cannot be agreed upon within 30 days,either parry may request that selection be made by a judge of a court 387 of record in the county in which arbitration is pending.Each party will pay its chosen arbitrator,and bear equally expenses for the third and all other 388 expenses of arbitration.Arbitration will be conducted in accordance with the provisions of Pennsylvania Common Law Arbitration 42 Pa. C.S.A. 389 §734 t et seq. This agreement to arbitrate disputes arising from this Agreement will survive settlement. 390 29, BROKER INDEMNIFICATION(10-01) 391 Buyer and Seller represent that the only Brokers involved in this transaction are:Campbell Commercial [foal Estate, Inc. 392 393 if ' 394 and that the transaction has not been brought about through the efforts of anyone other than said Brokers. It is agreed that any claims for broker. 395 age commissions or fees are ever made against Buyer or Seller in connection with this transaction,each party shall pay its own legal fees and costs 396 in connection with such claims, It is further agreed that Buyer and Seller agree to indemnify and hold harmless each other and the above-listed 397 Brokers from and against the non-performance of this Agreement by either parry,and from any claim of loss or claim for brokerage commissions, 398 including all legal fees and costs,that may be made by any person or entity.This paragraph shall survive settlement. 399 30, GOVERNING LAW,VENUE&PERSONAL JURISDICTION(9-05) 400 (A) The validity and construction of this Agreement, and the rights and duties of the patties,will be governed in accordance with the laws of the 401 Commonwealth of Pennsylvania. 402 (B) The parties agree that any dispute,controversy or claim arising under or in connection with this Agreement or its performance by either party 403 shall be decided exclusively by and in the state or federal courts sitting in the Commonwealth of Pennsylvania. 404 31. NOTICE BEFORE SIGNING(5.01) 405 Buyer and Seller acknowledge that Brokers have advised them to consult and retain experts concerning the legal and tax effects of this Agreement 406 and the completion of the sale,as well as the condition and/or legality of the Property,including,but not limited to,the Property's Improvements, 407 equipment,soil,tenancies,title and environmental aspects. Return by facsimile transmission(FAX)of this Agreement,and all addenda,bearing the 408 signatures of all parties,constitutes acceptance of this Agreement. 409 32. NOTICE 410 All notice requirements under the provisions of this Agreement or by application of statutory or common law will be addressed to the appropriate 411 party,at the addresses listed below via any means of delivery as mutually agreed upon by the parties and stated here: 412 413 414 415 If to Seller:West Shore school District 416 Attn: Justin Peart 417 507 Fishing Creek Road, Po Box 803 418 New Cumberland PA 17070 419 Buyer initials: ASC Page 7 of 9 Seller Initials: _;&� Revised 8111 Produced.Yith zipFomV by zipLog1X iso7o F;aeen Mile Road,Frasei.MirhioeM802a vnwv.zi9L000i.0om WSSD-Natter i 420 With a copy to:Cam bell Commercial Real setate, inc. i"- .421 Attn: Art C all 422 525 N. 12th Street, Suite 203 423 Lam* e, PA 1704 424 425 lfto Buyer: Larry L. Hatter 426 Po Box 1218 427 Mechanicsburg, PA17058 428 429 With a copy to:Campbell Commercial Real Estate, Inc. 7 430 Attn.' Art Campbell 431 2 bT. 12th Street, Suite 203 432 Lemoyne, PA 17043 W 433 33.SPECIAL CLAUSES: 434 (A) The following are part of this Agreement if checked: 435 ® See Attached Addendum ❑❑ 436 ❑ t 437 (B) SPECIAL PROVIISIONS(IF ANY): 438 Seller is currently pursuing a R-3 re-zoning, whiah is to be obtained on or before February 15, 439 2013 or either party may cancel this contract and Buyer will receive a full refund of monies 440 held in escrow. 441 442 12. Property Defects Die*losure, 443 Buyer acknowledges that a portion of the property is within a designated flood plain. 444 445 446 447 449 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 Buyer Initials: ASC Page 8 of 9 Seller Initials: Revised 8111 Produced with:IpFormO by ziptogix 18070 Fifteen Mile Road.Fraser,Michigen 48028 y aw 2ieLOelx com WSSD-hatter I 483 484 485 486 I '487 488 489 Cl Buyer has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa.Code§35.336. 490 ❑ Buyer has received a statement of Buyer's estimated closing costs before signing Ali Agreement. 491 ❑ Buyer has read and understands the notices and explanatory information in this Agreement. 492 ❑ Buyer has received the Deposit Money Notice(for cooperative sales when Broker for Seller is holding deposit money) before 493 signing this Agreement. 494 495 Buyer acknowledges re ce a co 's Agr ent at the time ofsigning. 496 497 WITNESS/ATTEST BUYER ATE ?� 498 Buyer(s)Na rri, 499 Mailing Address 500 Phone AX E-Mail 501 502 WITNESS/ATTEST BUYER DATE 503 Buyer(s)Name 504 Mailing Address 505 Phone FAX E-Mail 506 507 WITNESS/ATTEST BUYER DATE 508 Buyer(s)Name 509 Mailing Address 510 Phone FAX E-Mail 511 512 [] Seller has received the Consumer Notice as adopted by the State Real Estate Commission at 49 Pa.Code§35.336. 513 0 Seller has received a statement of Seller's estimated closing costs before signing this Agreement 514 0 Seller bas read and understands the notices and explanatory information In this Agreement. 515 516 VOLUNTARY TRANSFER OF CORPORATE ASSETS(if applicable); The undersigned acknowledges that he/she is authorized by the 1 517 Board of Directors to sign this Agreement on behalf of the Seller corporation and that this sale does not constitute a sale,lease,or exchange of 518 all or substantially all the property and assets of the corporation,s would require the authorize y o c nt o he s holders pursuant to 15 P.S.§1311. 519 520 WITNESS/ATTEST U SELLER A ATE lG /�//2 521 SELLER( MEW jghaoi Di tric 522 Mailing Address 523 Phone FAX E-Mail 524 525 WITNESS/ATTEST _ SELLER DATE 526 SELLER(S)NAME 527 Mailing Address 528 Phone FAX E-Mail 529 530 WITNESS/ATTEST SELLER DATE 531 SELLER(S)NAME 532 Mailing Address 533 Phone FAX E-Mail 534 535 536 537 538 539 540 541 542 543 544 545 ASC Page 9 of 9 Revised 8/11 Producau with zipFomO by ziploglx 0070 Fifteen Mile Road,Fraser,Ml&lgen 4602e 7D&ajVjgafx.com WSSD-Hatter i COMMUNICATIONS WITH BUYER AND/OR SELLER Wherever this Agreement contains a provision that requires or allows communication/delivery to a Buyer, that provision shall be satisfied by communication/delivery to the Broker for Buyer, if any. If there Is no Broker for Buyer, those provisions may be satisfied only by communication/delivery being made directly to the Buyer,unless otherwise agreed to by the parties. !; Wherever this Agreement contains a provision that requires or allows communication/delivery W1 Seller;`that provision shall be satisfied by communication/delivery to the Broker for Seller, if any. If there is no Broker for Seller, those'proviflons may be satisfied only by communication/delivery being made directly to the Seller,unless otherwise agreed to by the parties. INFORMATION REGARDING REAL EST,#ETAXES Real Estate Tax Proration:For purposes of prorating real estate taxes,the"ppiiods covered"by.fpe tax bills'are as follows: Municipal Taxes: For all counties and municipalities in Pennsylvania,tax bills are for the period January Ito December 31. School Taxes: For all school districts,other than the Philadelp4iKPittsiifth and Sgtenton school districts,the period covered by the tax bill is July 1 to June 30.For the Philadelphiat-Pitts'Si#tjgh aff"'d to ttdn school districts,tax bills are for the period January 1 to December 31. Real Estate Assessment Notice: In Pennsylvania,taxing puthofities.(school districts and municipalities)and property owners may appeal the assessed value of a property at the tuna of sale, or gt..A_y time th...er. A successtbi appeal by a taxing authority may result in a higher assessed value for the property and an increase in. rgg�ly`taxes.Also,;periodic countywide property reassessments may change the assessed value of the property and result in a change in pro3�i4y EXBE)itTISE OFt)REAL ESTATE AGENTS Pennsylvania Real Estate Agents are rt:4 ii4 o 15e1i100 by the Commonwealth of Pennsylvania and are obligated to disclose adverse factors about a property that are reas.. a'p" q,t to someone with expertise in the marketing of real property. (A) If Buyer wants information t '}ii;.,conditions or components of the property which are outside the Agent's expertise, the advice of the appropriate profAIN -1 slio'lrl�d1i sought, (B) if Buyer wants financial, legal, o6 r?;,lap op other advice, Buyer is encouraged to seek the services of an accountant, lawyer, or other appropriate professional. . NOTICE REGARDING CONVICTED SEX OFFENDERS(MEGAN'S LAN) The Pennsylvania General Assembly has passed legislation (often referred to as"Megan's Law," 42 Pa.C.S, § 9791 et. seq,) providing for i community notification of the presence of certain convicted sex offenders. Buyers are encouraged to contact the municipal police department or the Pennsylvania State Police for information relating to the presence of sex offenders near a particular property,or to check the Information on the Pennsylvania State Police Web site at www.pameganslaw.state.pa.us, Notices Page 1 of 2 Pro&nad with apForn0by Liptogix 18070 Fifteen Mile Road,Freser,miogan48028 mm&zWLooix com WSSD-Hatter I SEWAGE NOTICES NOTICES PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT NOTICE 1: THERE IS NO CURRENTLY EXISTING COMMUNITY SEWAGE SYSTEM AVAILABLE FOR THE SUBJECT PROPERTY. Section 7 of the Pennsylvania Sewage Facilities Act provides that no person s4iill install; construct,request bid proposals for construction,alter, repair or occupy any building or structure for which art i jhdividui sP nw system is to be installed, without first obtaining a permit.'Buyer is advised by this notice that,befote signing this A&eement, Buyer should contact the local agency charged with administering the Act to determine the.piolkure and requirements for obtaining a permit for an individual sewage system. The local agency charged with adtx iirustering the Act w16 be the municipality where the Property is located or that municipality working cooperatively with litliixs. NOTICE 2: THIS PROPERTY IS SERVICED BY AN INDn'jbA); SE6(1VA E .SYSTEM INSTALLED UNDER THE TEN-ACRE PERMIT EXEMPTION PROVISIONS'.:;-OF SECTIO§.' 'OF THE PENNSYLVANIA SEWAGE FACILITIES ACT. Section 7 provides that a permit may not be,re44j&d before installing, constructing, awarding a contract for construction,altering, repairing or connecting to an Iggkvi&aZ;sewa$e system where a ten-acre parcel or lot is subdivided from a parent tract after January 10, 1987J')3uyer 4 advised ttist soils and site testing were not conducted and that, should the system malfunction, the owner pi't a Property Wproperties serviced by the system at the time of a malfunction may be held liable for any contamination, dilution,public hell{h hazard or nuisance which occurs as a result. NOTICE 3: THIS PROPERTY IS SERVXGBD- BY A HO1fXIVG TANK (PERMANENT OR TEMPORARY) TO WHICH SEWAGE IS CONVEYED' �& 11 WATER CARRYING SYSTEM AND WHICH IS DESIGNED AND CONSTRUCTED TO FAI�ITATE" JI,TIMATE DISPOSAL OF THE SEWAGE AT ANOTHER SITE. Pursuant to the Pennsylvaniat Ywage Pacifies Act, Seller must provide a history of the annual cost of maintaining the tank from the date of its i)siallaCt?� or December 14, 1995,whichever is later. NOTICE d: AN IINDIVIDU, • ,$SEWi! :SIyST M HAS BEEN INSTALLED AT AN ISOLATION DISTANCE FROM A WELL THAT'i ,:; "S.; THE DISTANCE SPECIRIED.BY REGULATION. The regulations at 25 Pa. f!y. {, . Code §73.13 pert Illl g horizontal isolation distances provide guidance. Subsection (b) of §73.13 states that the minimum hdrig'., I isolation distance between an individual water supply or water supply system suction line and treatment tanks shall bd'S.l);geet. Subsection(c)of§73.13 states that the horizontal isolation distance between the individual water supply or water suppl*system suction line and the perimeter of the absorption area shall W 100 feet. NOTICE 5. THIS LOT IS WITHIN AN AREA IN WHICH PERMIT LIMITATIONS ARE IN EFFECT AND IS SUBJECT TO THOSE LIMITATIONS.SEWAGE FACILITIES ARE NOT AVAILABLE FOR THIS LOT AND CONSTRUCTION OF A STRUCTURE TO BE SERVED BY SEWAGE FACILITIES MAY NOT BEGIN UNTIL THE MUNICIPALITY COMPLETES A MAJOR PLANNING REQUIREMENT PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT AND REGULATIONS PROMULGATED THEREUNDER. NOTICE 6: A REQUIRED REVISION FOR NEW LAND DEVELOPMENT, OR AN EXCEPTION TO THE REQUIREMENT TO REVISE, OR A REQUIRED SUPPLEMENT HAS NOT BEEN APPROVED FOR THIS LOT. SEWAGE FACILITIES ARE NOT AVAILABLE FOR THIS LOT AND SEWAGE FACILITIES WILL NOT BE AVAILABLE, NOR MAY CONSTRUCTION BEGIN UNTIL SEWAGE FACILITIES PLANNING HAS BEEN APPROVED PURSUANT TO THE PENNSYLVANIA SEWAGE FACILITIES ACT AND REGULATIONS PROMULGATED THEREUNDER. Notices Page 2 of 2 Produced with zipFom+&by zipl.ogix 180r0 Fiftean Mile Road.Fraser.Michigan 46026 sw,w.s koghL= WSSD•Hatter I ADDENDUM to Agreement for the Sale of Commercial Real Estate for 850 Lisburn Road Lower Allen Township ("Township"), Cumberland County, PA (the "Property") By and Between West Shore Area School District("Seller") And Brooks Edge, L.P. ("Buyer") Dated October 1, 2012 Seller and Buyer hereby agree that the following are park of the Agreement for the Sale of Commercial Real Estate ("Agreement"). In the event the terms of the Agreement and this Addendum conflict, the terms of this Addendum shall govern: 1. Due Diligence. Buyer shall have a period of ninety(90)days from the date Seller has obtained final unappealable approval of the property being re-zoned to R-3 multi- family residential as described in the Lower Allen Township Zoning Ordinance (the "Due Diligence Period"), to review the Due Diligence items and to enter upon the Property to inspect the physical condition of the same, as it shall deem necessary. On or before expiration of the Due Diligence Period, Buyer shall determine whether it is feasible to purchase the Property based on Buyer's review of the Due Diligence items and its physical inspection of the Property and review of the completed R-3 zoning. If it is not feasible for Buyer to purchase the Property, Buyer may terminate the Purchase and Sale Agreement. If Buyer so terminates, the Earnest Money shall be returned to Buyer, and the Due Diligence items shall be returned to Seller. The parties further agree that during the Due Diligence Period: a. Buyer or Buyer's agents or representatives may enter the Property with notice to Seller to perform any inspections or tests desired by Buyer. Seller has the right to accompany Buyer or Buyer's agents or representatives on any entry to the Property. Any such entry onto the Property shall be at Buyer's own risk, and Seller is not responsible for any injuries sustained to Buyer or Buyer's agents or representatives except for Seiler's gross negligence or willful misconduct. 1 i b. Seller has provided Buyer with a copy of a site survey completed in 2012. i c. At any time hereafter, Buyer may declare that Buyer is satisfied with the Property and may declare an early satisfactory termination to the Due Diligence Period. d. If, during the Due Diligence Period, any of the results of any environmental studies conducted by Buyer are unsatisfactory for Buyer's proposed use, Buyer may terminate the Agreement, the Initial Deposit will be refunded in full. Seller makes no warranties as to environmental conditions at the Property. Seller will provide Purchaser any environmental reports and/or studies Seller has in its possession. e. The Seller is currently seeking to change the property's existing zoning of R-1 to R-3. If Buyer determines during the feasibility period that Buyer's use is not allowed, Buyer may terminate the Agreement and the initial deposit will be refunded in full. The parties will consult with one another and the Township before the public hearing on the rezoning request. 2. Court approval. Buyer and Seller acknowledge that the Agreement will be contingent upon approval by the Court of Common Pleas of Cumberland County, Pennsylvania under Section 707 of the Public School Code of 1949, 24 P.S. §7-707 ("Court Approval"). Seller will not make formal petition to the Court of Common Pleas for Court Approval of the sale until after the expiration of the earlier of the expiration or Buyer's early termination of the Due Diligence Period, whichever occurs first. Seller shall make every reasonable effort to obtain Court Approval of the sale by the Court of Common Pleas without undue delay. Buyer shall cooperate with Seller as may be reasonably necessary in obtaining Court Approval. In the event Seller fails to obtain Court Approval from the Court of Common Pleas within four(4) months of the expiration of the Due Diligence Period, the Agreement may be terminated by Buyer, and the Initial Deposit shall be refunded to Buyer. 3. Settlement. Settlement shall be held at the office of Buyer's attorney within Forty- five (45) Days after the Seller obtains Court Approval. In no event shall the term of this contract extend beyond November 30, 2013. 4. Ratification. Except as modified herein, all terms and conditions of the Agreement are ratified and confirmed. 5. Buyer Approval. After the expiration of the Due Diligence Period, provided that Buyer has not terminated the Purchase and Sale Contract during the Due Diligence Period, Buyer at its sole cost and expense will be permitted as equitable owner of the Property to submit Subdivision and land Development Plans for the Property for Township and County approvals based upon the R-3 multi-family residential rezoning of the Property, provided that if Buyer terminates or defaults on the purchase, Buyer shall be solely responsible for the withdrawal of said plan and any and all costs associated with said withdrawal. 2 i i WITNESS: SELLER: West Shore Area Sc ool District i Date: W TN S: BUYER: Brooks Edge, L,P, By: Date: 3 i ADDENDUM to Agreement for the Sale of Commercial Real Estate for 860 Lisburn Road Lower Allen Township("Township"), Cumberland County, PA (the"Property") By and Between West Shore Area School District("Seller") And Brooks Edge, L.P. ("Buyer") Dated October ,,2012 I Seller and Buyer hereby agree that the following are part of the Agreement for the Sale of Commercial Real Estate("Agreement"). In the event the terms of the Agreement and this Addendum conflict, the terms of this Addendum shall govern: 1. Due Diligence, Buyer shall have a period of ninety(90)days from the date Seller has obtained final unappealable approval of the property being re-zoned to R-3 multi- family residential as described in the Lower Allen Township Zoning Ordinance (the"Due Diligence Period"),to review the Due Diligence items and to enter upon the Property to inspect the physical condition of the same, as it shall deem necessary. On or before expiration of the Due Diligence Period, Buyer shall determine whether it Is feasible to purchase the Property based on Buyer's review of the Due Diligence items and its physical inspection of the Property and review of the completed R-3 zoning. If it is not feasible for Buyer to purchase the Property, Buyer may terminate the Purchase and Sale Agreement. If Buyer so terminates, the Earnest Money shall be returned to Buyer, and the Due Diligence items shalt be returned to Seller. The parties further agree that during the Due Diligence Period: a. Buyer or Buyer's agents or representatives may enter the Property with notice to Seller to perform any inspections or tests desired by Buyer. Seller has the right to accompany Buyer or Buyer's agents or representatives on any entry to the Property. Any such entry onto the Property shall be at Buyer's own risk, and Seller is not responsible for any Injuries sustained to Buyer or Buyer's agents or representatives except for Seller's gross negligence or willful misconduct. 1 b. Seller has provided Buyer with a copy of a site survey completed in 2012. c. At any time hereafter, Buyer may declare that Buyer is satlstled with the Property and may declare an early satisfactory termination to the Due Diligence Period. d. If, during the Due Diligence Period, any of the results of any environmental studies conducted by Buyer are unsatisfactory for Buyer's proposed use, Buyer may terminate the Agreement, the Initial Deposit will be refunded In full. Seiler makes no warranties as to environmental conditions at the Property. Seller will provide Purchaser any environmental reports and/or studies Seller i has in its possession. i e. The Seller is currently seeking to change the property's existing zoning of R-1 to R-3. If Buyer determines during the feasibility period that Buyer's use is not allowed, Buyer may terminate the Agreement and the Initial deposit will be refunded in full. The parties will consult with one another and the Township before the public hearing on the rezoning request. 2. Cou approval. Buyer and Seller acknowledge that the Agreement will be contingent upon approval by the Court of Common Pleas of Cumberland County, Pennsylvania under Section 707 of the Public School Code of 9949,24 P.S. §7-707("Court Approval"). Seller will not make formal petition to the Court of Common Pleas for Court Approval of the sale until after the expiration of the earlier of the expiration or Buyer's early termination of the Due Diligence Period,whichever occurs first. Seller shall make every reasonable effort to obtain Court Approval of the'sale by the Court of Common Pleas without undue delay. Buyer shall cooperate with Seller as may be reasonably necessary in obtaining Court Approval. In the event Seiler fails to obtain Court Approval from the Court of Common Pleas within four(4)months of the expiration of the Due Diligence Period,the Agreement may be terminated by Buyer,and the Initial Depaslt shall be refunded to Buyer. 3. Settlement. Settlement shall be held at the office of Buyer's attorney within Forty- five (45) Days after the Seller obtains Court Approval. In no event shall the term of this contract extend beyond November 30, 2013. 4, RatifgAtion. Except as modified herein, all terms and conditions of the Agreement are ratified and confirmed. 5. Buyer Approval. After the expiration of the Due Diligence Period, provided that Buyer has not terminated the Purchase and Sale Contract during the Due Diligence Period, Buyer at its sole cost and expense will be permitted as equitable owner of the Property to submit Subdivision and Land Development Plans for the Property for Township and'County approvals based upon the R-3 multi-family residential rezoning of the Property, provided that if Buyer terminates or defaults on the purchase, Buyer shall be solely responsible for the withdrawal of said plan and any and all costs associated with said withdrawal. 2 WITNESS: SELLER: West Shore Area S ool District f B Date: .—,�<i�/� /2 _ W TN BUYER: Brooks Edge, L.P. i R i Date: i 3 EXH/B/T «C„ WEST SHORE SCHOOL DISTRICT Lewisberry, PA October 18, 2012 The West Shore School Board met in regular session at 7:11 p.m. with President Ambrose presiding. The following members were present: Candioto, Crocenzi, Guistwhite, Kambic, and Williamson. Administrators present: Small, Stoltz, Argot, Burnheimer, Peart, Tabachini, Ackell, Burnell, Edwards, Haupt, Jones, Sanders, Sayre, and Zimmerman. Solicitor: King. Minutes Motion: It was moved by Mr. Candioto and seconded by Mr. Kambic that the minutes of the meeting held September 20, 2012, be approved. Motion carried on a roll call vote 6-0. Treasurer's Report Motion: It was moved by Mr. Kambic and seconded by Mr. Candioto that the Treasurer's Report for the month ending September 30, 2012, showing invested and available funds of$36,497,140.57 be approved subject to audit. Motion carried on a roll call vote 6-0. Communications Dr. Small noted the legal update at members' places. Dr. Argot noted the Central Treasury Reports for Cedar Cliff and Red Land High Schools at members' places. Motion: It was moved by Mr. Kambic and seconded by Mr. Candioto that the Board approves the Board Hearing Administrator's recommendations in student disciplinary cases 12.13-101 through 104, the Board Hearing Committee's recommendations in student disciplinary cases 12.13-301 and 12.13-302 as well as the Board Hearing Administrator's recommendation for removal from Board Probation in student disciplinary case 11.12-103. Motion carried on a roll call vote 6-0. Recognition by the Emily Berguson, Senior and Student Council Treasurer, Board reported on recent events at Red Land High School. Evan Savage, Senior, reported on recent events at Cedar Cliff High School. The Board recognized Technology Student Association members from Cedar Cliff High School, Red Land High School, and Lemoyne Middle School for their success at the 2011-2012 state conference. _ .. _.. Opportunity for No students.addressed the Board. . Students to Speak Recognition of Public - No members of the public addressed the Board. Agenda Items Bills for Approval Motion: It was moved by Mr. Kambic and seconded by Mrs. Crocenzi that the Bills for Approval, as attached to these minutes, be approved. Motion carried on a roll call vote 6-0. Refunds Motion: It was moved by Mr. Candioto and seconded by Mrs. Williamson that the Refunds, as attached to these minutes, be approved. Motion carried on a roll call vote 6-0. Budgetary Transfers Motion: It was moved by Mr. Kambic and seconded by Mr. Candioto 2011-2012 that the Board approves the attached budgetary transfers for 2011-2012 to and from the following accounts in the amounts indicated. Motion carried on a roll call vote 6-0. Personnel Motion: It was moved by Mr. Candioto and seconded by Mrs. Williamson that the Board approves Item 7.4.1. Reinstatement(s) -Administrator; Item 7.4.2. Reinstatement(s) - Professional; Item 7.4.2A. Reinstatement(s) - Support; Item 7.4.3. Retirement(s) - Professional; Item 7.4.4. Retirement(s) - Support; Item 7.4.5. Resignation(s) - Support; Item 7.4.6. Resignation(s) - Extra Duty; Item 7.4.7. Request(s) for Family and Medical Leave - Professional; Item 7.4.8. Request(s) for Family and Medical Leave - Support; Item 7.4.9. Request(s) for Extended Absence - Professional; Item 7.4.9A. Request(s) for Extended Absence - Support; Item 7.4.10. Alteration(s) to Employment Status — Administrator; Item 7.4.11. Alteration(s) to Employment Status —Professional; Item 7.4.12. Alteration(s) to Employment Status — Support; Item 7.4.13. Alteration(s) to Employment Status — Extra Duty; Item 7.4.14. Appointment(s) - Support; Item 7.4.14A. Appointment(s) - Professional; Item 7.4.14B. Appointment(s) — Classified Support; Item 7.4.15. Appointment(s) - Extra Duty; Item 7.4.16. Approval — Supplemental Time; Item 7.4.17. Bus Driver CDL Training; Item 7.4.18. Hourly Adjustment-Bus Driver(s); Item 7.4.19. Density Adjustment - Support; Item 7.4.20. Approval - Substitute Lists. All items carried on a roll call vote 6-0 except for item 7.4.19. Item 7.4.19. passed on a roll call vote 5-0-1 with Mr. Ambrose abstaining. Cedar Run Sales Motion: It was moved by Mr. Kambic and seconded by Mr. Candioto Agreement that the Board directs the President and the Secretary of the Board to sign the attached agreement and that the solicitor's office be directed to seek court approval of this sale. Motion carried on a roll call vote 6-0. Bid Awards -Athletic _ Motion: It was moved by.Mr....Candioto and seconded by-Mr. Kambic Equipment and that the Board awards bids for athletic equipment and supplies Supplies - Spring for Spring Sports to the suppliers in the amounts shown as the Sports lowest bidders meeting specifications, as attached. Motion carried on a roll call vote 6-0. Authorization to Offer Motion: It was moved by Mr. Kambic and seconded by Mrs. Williamson Driver Education that the Board authorizes the Superintendent to sign the Services to School Authorization to Offer Driver Education Services to School District Students District Students, as attached. Motion carried on a roll call vote 6-0. Staff Attendance at Motion: It was moved by Mr. Candioto and seconded by Mrs. Professional Meetings Williamson that the Board approves the requests for staff attendance at professional meetings as presented. Motion carried on a roll call vote of 6-0. Revisions to Special Motion: It was moved by Mrs. Crocenzi and seconded by Mr. Candioto Education Settlement that the Board authorizes execution of the revised special Agreement education settlement agreement, as attached. Motion carried on a roll call vote of 6-0. Board Reports Mr. Candioto thanked Mr. Kambic for recruiting him to the Cumberland-Perry Area Vocational Technical School (CPAVTS) Joint Operating Committee, highlighted student successes, and shared information about career prospects in programs offered through CPAVTS. Mr. Kambic then highlighted the annual banquet held by the CPAVTS students. Information Items Dr. Argot highlighted proposed changes to Board Policies 216 (Student Records) and 806 (Child Abuse). Recognition of Public Mr. Jim Fulkroad, New Cumberland, expressed his thoughts —General Items about the potential for a new high school schedule. Adjournment There being no further business, President Ambrose declared the meeting adjourned. (7:57 p.m.) Dr.4 an E. Argot, Secretary EXHI BIT "D ?01 1 11.84 GROSS ACRES OF VACANT R-3 MULTI T a 1, 4 : �� Au r rq f.. 9 I s f f +r +� as ffJJi 3 E i . t APPRAISAL REPORT FOR LARRY HATTER, CCIM 3425 MARKET STREET CAMP HILL, PA 17011 11.84 GROSS ACRES -R-3 MULTI-FAMILY RESIDENTIAL LAND LOCATED AT 850 LISBURN ROAD LOWER ALLEN TOWNSHIP CAMP HILL, CUMBERLAND COUNTY, PA 17011 Prepared by George C. Clauser, SRA 850 Lisburn Road 13-0318 C-5 Camp Hill,PA 17011 CLAUSER REAL ESTATE APPRAISALS P O Box 777 Camp Hill,PA 17001-0777 Telephone: 717-737-7300 FAX: 717-730-0922 e-mail:adauserrokomcastnet April 18,2013 Larry Hatter CCIM 3425 Market Street Camp Hill,PA 17011 RE: 11.84 Gross Acres of R-3 Multi-Family Residential Land Located at 850 Lisburn Road Lower Allen Township Camp Hill,PA 17011 Dear Larry: As requested, I have completed my inspection and subsequent market studies on the above referenced property for the purpose of estimating the "as though vacant land"market value. I have not appraised this property in the past three years. My client and only intended user of this report is Larry Hatter. The property being valued is located on the west side of Lisburn Road and is numbered 850 Lisburn Road in Lower Allen Township, Camp Hill, PA. The subject land contains 11.84 gross acres with site plan attached. The subject tract is mostly cleared with wooded perimeter with creek frontage on the north side. The current zoning of the subject is R-3 Multi-Family Residential. The site, as indicated on HUD Mood panel map 42041 CO281 E dated March 16, 2009 is located in both HUD identified flood hazard zones X and A. Zone X does not require flood insurance and Zone A is defined as an area of minimal flood hazard where flood insurance is available. My appraised value assumes the property is cleared of hazardous materials with DEP Phase I certification suggested. The appraised value is based on clear certification. No buildings of any kind are included in this valuation Based on my studies and subject to the limiting conditions found in and attached to this report, the property in my opinion has an estimated sJh ug i vacant 1 market value as of March 15,2013 of: ONE MILLION ONE HUNDRED THOUSAND--(519100,000)----DOLLARS 850 Lisburn Road 13-0318 C-5 Camp Hill,PA 17011 CLAA.USER REAL ESTATE APPRAISALS Page 2 .. Y. Details of my methods of valuation as well as a description of the improvements are contained in the ensuing Appraisal Report in Summary Report Format. This report is believed to be consistent with recommended guidelines of the Appraisal Standards Board of the Appraisal Foundation. I have completed numerous appraisals of a similar nature on similar type properties and comply with the competency provisions of USPAP. This letter of transmittal is considered part of the appraisal which follows and is not to be detached. Employment in and compensation for making this appraisal are in no manner contingent upon the value reported, and I certify that I have no financial interest in the property appraised, present or contemplated, and that the appraisal assignment was not based on a requested minimum valuation, a specified valuation, or the approval of a loan_ The appraiser has personally inspected the property. As of the date of this report, I, George C. Clauser, have completed the continuing education program for Designated Members of the Appraisal Institute. Very truly yon, George C.Clauser,SRA PA Certified General Real Estate Appraiser Certification Number GA000233-L GCC/slh Enclosures As Stated CONL'VIERCIAL"-INDUSTRIAL,APARTMENT COMPLEXES'SUBDIVISION ANALYSIS'RESIDENTIAL 850 Lisburn Road 13-0318 C-5 CLAUSER REAL ESTATE APPRAISALS SITE ANALYSIS The subject land tract is located at 850 Lisburn Road in suburban Lower Allen Township, amp Hill, Cumberland County,PA. tThe site'is presently_'i n roomed wifli the_Cedsr R_un EI_ementa shoal:building which is not valued as�art of this a ajs_ Based on the deed provided as shown as Tract 2 in Deed Book 28A, Pages 684 and 685, the site contains a total of 12.07± acres more or less. A copy of the legal description is included in the addenda of this report. A copy of the Concept Plan completed by R.J. Fisher and Associates, Inc. of New Cumberland dated November 13, 2012 shows total land area of 11.84-+ gross acres. Site dimensions shown on that Concept Plan indicate road frontage on the west side of Lisburn Road of 353.15 feet. The south boundary has the following dimensions: 10' X 84.20' X 49.95' X 252' X 77.41' X 690' X 90' X 114.95'; the western boundary: 213.43' X 328.17'; northern boundary: 531.08' X 236.13' X 196.00'. Based-on-infotrialiiin ovided`ii ,..- ,�.. ^1�-`__....Y 11iY Hatter-and"Ron-Sectary-the useable area of thE site is approximately 7 acres The Concept Plan dimensions and land area will be considered more accurate and were used in this report as they are more current. Site data is therefore 11.84 gross acres. Site unit density is 12.7 units per acre. Site impervious coverage is 4.10 acres or 34.6%of the site area. There are currently 333 parking spaces on the site. The Concept Plan is included in this section of the report. Zoning: The site is zoned R-3 Multi-Family Residential. Other items include: Maximum Unit Density: 15 units per acre Maximum Impervious Coverage: 60% Maximum Lot Width: 50 feet at the dedicated right-of-way Minimum Front Yard Setback: 30 feet Minimum Side Yard Setback: 15 feet Minimum Rear Yard Setback: 35 feet Maximum Building Height: 75 feet, if one foot of setback is added to each side for each foot over 50 feet A 25 foot buffer yard shall be provided where multifamily buildings abut residential uses within the same zoning district. Off-street Parking Requirements: 1 bedroom: 1.5 spaces per dwelling unit 2 bedroom: 2 spaces per dwelling unit Visitor parking: 1 space per 3 dwelling units Staff parking: 1 per employee on maximum shift Handicapped Parking: 301-400 total parking spaces: 8 accessible spaces Total spaces required: Approx. 350 spaces No minimum lot area. Lot area based on required setbacks, impervious coverage, parking,etc. 850 Lisburn Road 15 Y :xx t�.a�, scent 13-0318 C-5 - ...ti r. �- EXH/e/T �E„ CF CONTRACTORS PROPOSAL DEMOLITION, EXCAVATING&WELDING SERVICES PO BOX 656 DATE 1/10/2013 MECHANICSBURG, PA 17055 Phone&Fax(717)432-0789 Chris Failor cell 717-439-1334 CONTRACT SUBMITTED TO: JOB LOCATION: Larry Hatter 850 Lisburn Rd 3425 Market Street Lower Allen Township Camp Hill, PA 97011 CA. Phone 717-761-6300 Fax 717-761-1455 Cell 717-503-9776 email hatmen99r@aol.com JOB DESCRIPTION: Complete removal of existing structure. `Full demolition ani removitof existing buikfling. k All concrete slab and footers removed within foot print of existing building to 4'below existing grade. All material will be removed off site and disposed of property to certified land fill and certified clean fill site. 12 All other work will be performed at an hourly rate. Work not included in this price is as listed and It be the wrgiaity ot1e owned 1. Any and all permits that are required. 2 Yf z"008 orate. RtMMt and d l o`i sib-& ;r6fiigera6t,file!Links z boire and befo t. round at�d sriyi,*q hazardous-wastes IIn be thei responsibility of CF Contractors or any aNillates of CF Contractors, 3. Utility disconnects or relocation of any utility. 4. Any and all temporary fences and drain protection. 5. Any and all airborne dust to other prop6rues. 6. All saw cuffing to concrete and macadam. Larry info requested for abatement needs >PCS Environmental Service 717-939-8226 EXH/g/T •gc„ From:Todd Quigley<tquigley @powercomponentsystems.com> To: hatman99r<hatman99r@aol.com> Subject: RE:enviro study cedar run. Date: Mon,Feb 11,2013 6:04 pm BAs;far as the` bestas ithout seeing the school and just lookjng-at the repay, which calls for floor the and mastic, to cover both o you wpold bs loo iri- at atbund 29,500.09 some other things that probably should be removed prior to demolition is the mercury light bulbs and ballast. Without seeing it and getting a count probably looKing.at-arjotfod 2,50 for t6*reilrov .. Do you have a demo guy lined up to look at this yet? if not I can get someone for you. Let me know if you need anything else, if It comes down to needing some hard numbers I would like to get a look at the school but these numbers should be pretty close I would say within 8 to 10 percent. Thanks Todd PCsTodd Quigley Manager of Estimating Selerv-,e Dvn.-l� vm PA Division �.:crar3�ti�t�Sern��s '. Power Component Systems, Inc. FOLLOW US ON: 1601 S. 1 St. ,l Harrisburg, PA 17104 This email and any files transmitted with it are confidential and (717) 939-8226 Phone intended solely for the use of the Individual or entity to whom they are addressed.If you are not the named addressee you should : (717) 939-8227 Fax not disseminate,distribute or copy this e-mail.Please notify the sender immediately by e-mail if you have received this e-mail by (717)554-8699 Cell mistake and delete this e-mail from your system.If you are not the i intended recipient you are notified that disclosing,copying, !guialey(a--)powercomponentsystems.cam distributing or taking any action in reliance on the contents of this information is strictly prohibited. } From: hatman99r@aol.com [mailto:hatman99r(cZaol.coml Sent:Thursday, February 07,2013 11:34 AM To:Todd Quigley Subject: Fwd:enviro study cedar run &(w( S Todd, Attached is enviro study for Cedar Run School. Please review and provide estimate for asbestos removal and if there are other remediation works you perform include separate line items for their remediabon in preparation of demolishing the building EXj�/B/T �G„ Mainline Excavating, Inc. 2325 Paxton Church Road Harrisburg,PA 17110 Phone: 717-909-5578 Fax: 717-540-7958 May 24,2013 Mr.Matthew Fisher,EIT R..l=-Fisher&Associates, Inc. 1546 Bridge Street New Cumberland,PA 1.7070 Re: Larry Hatter 850 Lisburn Road,Lower Allen Township Dear Matthew: Based on the soil investigation and test pit results,we have prepared the following preliminary budget numbers for the rock removal that will be required to install the stormwater pond to the north and the sanitary sewer system running west to east. As you are aware,the existing limestone rock is at very shallow depths throughout the proposed development. As such,we will be encountering rock in a significant portion of our trenching activities. We have estimated that 1,466 cubic yards of rock will have to be removed via a hydraulic rock hammer. The cost of this work is estimated at$234,560. We also anticipate encountering bulk rock in the proposed stormwater pond on the north side of the project. The estimated cost of this work is$100,000. The other major site constraint will be the construction of segmental retaining wall along the very steep rock slope. This poses a global stability issue for the design engineer and will require rock anchors to hold the geo-grid and wall in place. The cost of the 2,200 sfwall is estimated at$77,000 to overcome the existing site conditions. Should you have any fiuther questions concerning this outline of anticipated costs,please feel free to contact me at 717-554-6124. Sincerely, Mainline Excavating,Inc. Aft-Ar ui-S. WUtj4 . Andrew S. Williams,P.E. President AS Wljrms cc: File PEOPLE COMPYRITTED TO EXCELLENCE ..�.�° EXH/B/T �y,. SECOND ADDENDUM to Agreement for the Sala of Commercial Real Estate for 850 Lisburn Road Lower Allen Township("Township"), Cumberland County,PA By and Between West Shore Area School District("Seller") And Brooks Edge, L.P. ("Buyer") Dated October 9,2012 Seller and Buyer hereby agree to the following changes, additions, and/or removal of contingencies specified in the sections indicated below: Agreement for the Sale of Commercial Real tea 3. Terms (A)Purchase price of$1,500,000 is reduced to$1,100,000. (0)Settlement shall be on or before January 11, 2014. (See dates below) 7. Financing Contingency. (See dates below) Addendum 1. Due Diligence The dates within the Agreement and Addendum are modif led as follows: • Que Dili eg_no®90 days from Township's issuance of unappealable rezoning to R-3 on or before Jv"O,2013. • Buyer's Financing 120 days from Township's IssuanceI 1 of unappealable rezoning to R-3 on or before J*;0,2013. • Court Approval 120 days from Buyer's satiefadory terminatlon of Que Diligence on or baforelfiPbobw 27,2013. N5<!om4a go • Settlement 45 days from Court Approval on or before January N 2014. 1 WITNESS: SELLER: West Shore Area School District K-2 I -, By: 47,. P Dale: 7/r It WITNESS: BUYER: Brooks Edge, L.P. rn Net1q.. � Date: -. 2 ,.,..✓" �---- �X HOB << IT ,, WEST SHORE SCHOOL DISTRICT Lewisberry, PA July 18, 2013 The West Shore School Board met in regular session at 7:02 p.m. with President Tezik presiding. The following members were present: Ambrose, Candioto, Crocenzi, Grover, Guistwhite, Russell, and Williamson. Administrators present: Small, Stoltz, Argot, Burnheimer, Shipe, Tabachini, Burnell, Dorsey, Haupt, Jones, McNaughton, Sanders, and Zimmerman. Solicitor: King. Minutes Motion: It was moved by Mrs. Grover and seconded by Mrs. Williamson that the minutes of the meeting held June 13, 2013, and June 20, 2013, be approved. Motion carried on a roll call vote 8-0. Treasurer's Report Motion: It was moved by Mrs. Grover and seconded by Mr. Ambrose that the Treasurer's Report for the month ending June 30, 2013, showing invested and available funds of $11,872,147.07 be approved subject to audit. Motion carried on a roll call vote 8- 0. Communications Dr. Small noted the legal update at members' places. Motion: It was moved by Mrs. Russell and seconded by Mrs. Grover that the Board approves the Board Hearing Administrator's recommendations in student disciplinary cases 12.13-136, 12.13-139, 12.13-140, 12.13-141 and 12.13-142 as well as the Board Hearing Committee's recommendation in student disciplinary case 12.13-310. Motion carried on a roll call vote 8-0. Mr. Candioto reported Cumberland Perry Area Vocational Technical School's new roof will be completed this month and lights will be updated before the school year opens. Dr. Tezik reported that Dr. Mary Jane Gales is retiring from her position at the Capital Area Intermediate Unit in December. Recognition by the There were no Board Recognitions. Board Opportunity for No students addressed the Board. Students to Speak Recognition of Public - No members of the public addressed the Board. Agenda Items Bills for Approval Motion: It was moved by Mrs. Russell and seconded by Mr. Ambrose that the Bills for Approval, as attached to these minutes, be approved. Motion carried on a roll call vote 8-0. Certification of Tax Motion: It was moved by Mr. Ambrose and seconded by Mrs. Grover Duplicates for 2013- that the Board certifies the attached values and amounts to each 2014 tax collector for the school year 2013-2014. Motion carried on a roll call vote 8-0. Personnel Motion: It was moved by Mr. Candioto and seconded by Mr. Ambrose that the Board approves Item 7.3.1. Reinstatement(s)— Support; Item 7.3.2. Resignation(s) — Support; Item 7.3.2A. Resignation(s) — Professional; Item 7.3.3. Resignation(s) — Extra Duty; Item 7.3.4. Request(s) for Family and Medical Leave - Support; Item 7.3.5. Alteration(s) to Employment Status - Extra Duty; Item 7.3.5A. Alteration(s) to Classified Support Wage Rate; Item 7.3.513. Alteration(s) to Employment Status — Professional; Item 7.3.6. Appointment(s) - Support; Item 7.3.7. Appointment(s) — Extra Duty; Item 7.3.8. Approval — Supplemental Time; Item 7.3.9. Bus Driver CDL Training; Item 7.3.10. Memorandum(s) of Understanding-Professional; Item 7.3.11. Request(s) for Preapproval of Graduate Credits; Item 7.3.12. Approval - Substitute Lists. Motion carried on a roll call vote 8-0. 2013-2014 Free and Motion: It was moved by Mrs. Grover and seconded by Mrs. Crocenzi Reduced Lunch and that the Board adopts the attached U.S.D.A. income eligibility Breakfast Guidelines guidelines for free and reduced price lunch and breakfast for 2013-2014. Motion carried on a roll call vote 8-0. Addendum to the Cedar Motion: It was moved by Mr. Ambrose and seconded by Mrs. Crocenzi Run Sales Agreement that the Board directs the President and the Secretary of the Board to sign the attached addendum as presented. Motion carried on a roll call vote 8-0. Transportation Motion: It was moved by Mrs. Grover and seconded by Mr. Candioto Schedules 2013-2014 that the Board approves the 2013-2014 transportation schedules as presented. Motion carried on a roll call vote 8-0. Contract for Assistive Motion: It was moved by Mrs. Grover and seconded by Mrs. Williamson Technology Specialist that the Board approves the attached 2013-14 contract for Services Assistive Technology Specialist Services to be provided by Karen Narvol in the amount of$9,000.00. Motion carried on a roll call vote 8-0. Contract for Motion: It was moved by Mrs. Grover and seconded by Mr. Candioto Augmentative and that the Board approves the attached 2013-14 contract for Alternative Augmentative and Alternative Communication Consultation Communication Services to be provided by Rebecca Semke in the amount of Services $3,750.00. Motion carried on a roll call vote 8-0-1 with Mr. Ambrose abstaining. Lease of Copiers - Motion: It was moved by Mrs. Grover and seconded by Mr. Ambrose Phillips Group that the Board approves the four(4)year lease including five (5) FS-6530MFP digital copiers, sixteen (16) TASKalfa 55001 digital copiers, and one (1) RZ220 Risograph as specified in the attached proposals from Phillips Capital, in the amount of $13,628.00 per quarter. Motion carried on a roll call vote 8-0-1 with Mr. Ambrose abstaining. Red Land High School Motion: It was moved by Mrs. Grover and seconded by Mrs. Williamson Indoor Color Guard that the Board approves the trip for the Red Land High School Trip Indoor Color Guard to Dayton, Ohio for the period of Wednesday, April 2, 2014, through Sunday, April 6, 2014. Motion carried on a roll call vote 8-0. Sponsorship Agreement Motion: It was moved by Mr. Ambrose and seconded by Mrs. Grover -Vitality Vending that the Board approves the sponsorship agreement between Market Street Sports Group, LLC ("MSSG"), 447 North Mulberry Street, Lancaster, Pennsylvania 17603, and Vitality Vending, 169 Heritage Drive, Gettysburg, Pennsylvania 17325, as attached. Motion carried on a roll call vote 8-0. Staff Attendance at Motion: It was moved by Mr. Ambrose and seconded by Mrs. Grover Professional Meetings that the Board approves the requests for staff attendance at professional meetings as presented. Motion carried on a roll call vote 8-0. Information Items Dr. Argot reported that in compliance with School Code (24 PS 13-1303.1-A), administration reviewed Board Policy 249: Anti- Bullying, shared administration's recommendation for not making any changes with the Board Policy Committee during its June 20 meeting, and will forward a copy of this evening's minutes to Pennsylvania Department of Education's Office of Safe Schools. Dr. Argot provided the Board with proposed revisions to Board Polices 103: Nondiscrimination in School and Classroom, 206: Assignment Within District, 218.1: Weapons, and 218.4: Terroristic Threats. Recognition of Public— Ms. Penny Fink, York Haven, expressed her concerns about the General Items District's negotiations with support staff. Mr. Steven Mullen, Harrisburg, shared his concerns about the District's negotiations with support staff. Adjournment There being no further business, President Tezik declared the meeting adjourned. (7:39 p.m.) Dr an E. Argot, Secretary FXH/g/T ��.. THIRD AMENDMENT To Agreement for the Sale of Commercial Real Estate 850 Lisburn Road("Property") Lower Allen Township(`Township") 8yand Between West Shore Area School District("Seller") And Brooks Edge,L.P.("Buyer") Dated 2013 Seller and Buyer hereby agree to the following changes, additions, and/or removal of contingencies specified in the sections indicated below. The dates within the Agreement,Addendum and Second Addendum are modified as follows; Due Diligence:The date which is the earlier of(i)approval of a final land development plan,or(11) November 30,2013. Buyer's financing: Waived as a condition of settlement. Court Aooroval: The date which is the earlier of(i) 120 days from Buyer's satisfactory termination of Due Diligence, or(11) February 28,2014. Buyer will reimburse Seller for direct costs associated with petitioning the court for approval if Buyer does not satisfy the Due Diligence Period and the petition is withdrawn or amended at the request of the Buyer. Settlement: Within forty five (45) days of the date of the Court's order approving the sale. 1 WITNESS SELLER: West Shore Area School.District ti I J Icy: Date: (lam WITNESS, Buyer: Brooks Edge,1.P. By: Date ` l S`DOCS\HATTER\CedarRun\ThrdAmd.docx r � EXH/B/T �K., WEST SHORE SCHOOL DISTRICT - Lewisberry, PA - October 17, 2013 The West Shore School Board met in regular session at 7:00 p.m. with President Tezik presiding. The following members were present: Ambrose, Candioto, Crocenzi, Guistwhite, Kambic, Russell, and Williamson. Administrators present: Small, Stoltz, Argot, Burnheimer, Shipe, Tabachini, Burnell, Edwards, Fillgrove, Haupt, Kocsi, McNaughton, Sanders, Sayre, Schwager, and Zimmerman. Solicitor: King. Minutes Motion: It was moved by Mr. Ambrose and seconded by Mr. Kambic that the minutes of the meeting held September 19, 2013, be approved. Motion carried on a roll call vote 8-0. Treasurer's Report Motion: It was moved by Mrs. Williamson and seconded by Mrs. Russell that the Treasurer's Report for the month ending September 30, 2013, showing invested and available funds of $45,374,098.81 be approved subject to audit. Motion carried on a roll call vote 8-0. Communications Dr. Small noted the legal update at members' places. Dr. Argot noted the Central Treasury Reports for Cedar Cliff and Red Land High Schools at members' places. It was moved by Mrs. Williamson and seconded by Mr. Ambrose that the Board approves the Board Hearing Administrator's recommendations in student disciplinary cases 13.14-101, 13.14-102, and 13.14-104. Motion carried on a roll call vote 8-0. Mr. Kambic reported the Cumberland Perry Area Vocational Technical School (CPAVTS) is interviewing candidates for the Supervisor of Building and Grounds position. Mr. Candioto shared new and upcoming programs at CPAVTS. He also highlighted Red Land High School's after school art and astronomy opportunities. Mrs. Crocenzi shared her appreciation of building tours and recognized Rossmoyne Elementary School fifth grade student, Abigail Shultz for receiving Honorable Mention in Pennsylvania School Boards Association's poster contest. Recognition by the Joseph Klinger, Senior, reported on recent events at Cedar Cliff Board High School. Max Bair, Senior and Red Land High School Student Council Treasurer,reported on recent events at Red Land High School. The Board recognized Mrs. Carrie Mullarkey, Washington Heights ESL Teacher, as the Professional Employee of the Summer Quarter. The Board recognized Mrs. Barbara Hamsher, Crossroads Secretary, as the Support Employee of the Summer Quarter. Opportunity for No students addressed the Board. Students to Speak Recognition of Public- Mr. Seth Coffman, Lewisberry, expressed his concern about Agenda Items potential outsourcing. Ms. Anastasia DiBartolomeo, Elizabethtown, expressed her concern about potential outsourcing. Mrs. Penny Fink, York Haven, expressed her concern about potential outsourcing. Ms. Nancy Jones, Harrisburg, expressed her concern about potential outsourcing. Mrs. Elaine Setinsek, Etters, expressed her concern about potential outsourcing. Mr. Steve Mullen, Harrisburg, expressed his concern about potential outsourcing. Mrs. Debbie Yocca, Mechanicsburg, expressed her concern about potential outsourcing. Mr. David Yost, Etters, expressed his concern about potential outsourcing. Bills for Approval Motion: It was moved by Mr. Kambic and seconded by Mrs. Williamson that the Bills for Approval, as attached to these minutes, be approved. Motion carried on a roll call vote 8-0. Refunds Motion: It was moved by Mr. Ambrose and seconded by Mr. Candioto that the Board approves two (2) refunds in the amount of $3,494.14. Motion carried on a roll call vote 8-0. Budgetary Transfers Motion: It was moved by Mr. Ambrose and seconded by Mr. Kambic 2012-2013 that the Board approves budgetary transfers for 2012-2013 to and from the accounts and in the amounts presented. Motion carried on a roll call vote 8-0. Personnel Motion: It was moved by Mr. Candioto and seconded by Mr. Ambrose that the Board approves Item 7.4.1. Reinstatement(s) — Professional; Item 7.4.2. Reinstatement(s) — Support; Item 7.4.3. Retirement(s) —Professional; Item 7.4.4. Retirement(s) — Support; Item 7.4.5. Resignation(s) — Support; Item 7.4.6. Resignation(s) — Extra Duty; Item 7.4.6A. Resignation(s) — Professional; Item 7.4.7. Request(s) for Family and Medical Leave - Professional; Item 7.4.7A. Request(s) for Extended Absence — Professional; Item 7.4.8. Recognition of Terminal Degree — Administrator; Item 7.4.9. Alteration(s) to Employment Status - Support; Item 7.4.9A. Alteration(s) to Employment Status - Extra Duty; Item 7.4.10. Appointment(s) - Support; Item 7.4.11. Appointment(s) - Extra Duty; Item 7.4.12. Approval - Supplemental Time; Item 7.4.13. Bus Driver CDL Training; Item 7.4.14. Memorandum(s) of Understanding- Professional; Item 7.4.15. Density Adjustment - Support; Item 7.4.16. Hourly Adjustment-Bus Driver(s); Item 7.4.17. Approval - Substitute Lists. Motion carried on a roll call vote 8- 0 with Mr. Ambrose abstaining on Item 7.4.15. Item 7.4.15 carried on a roll call vote 7-0-1. Addendum to the Motion: It was moved by Mr. Kambic and seconded by Mr. Ambrose Cedar Run Sales that the Board directs the President of the Board to sign the Agreement Cedar Run Sales agreement, as presented. Motion carried on a roll call vote 8-0. OPEC: Natural Gas Motion: It was moved by Mr. Candioto and seconded by Mr. Kambic Contract-Hillside that the Board approves the Natural Gas Contract with South Elementary Jersey Energy Company, Hammonton, NJ, as the natural gas supplier for Hillside Elementary School and directs the Board President to sign the appropriate documents. Motion carried on a roll call vote 8-0. Staff Attendance at Motion: It was moved by Mr. Ambrose and seconded by Mr. Kambic Professional Meetings that the Board approves the requests for staff attendance at professional meetings, as presented. Motion carried on a roll call vote 8-0. Appointment of Motion: It was moved by Mr. Ambrose and seconded by Mr. Kambic Custodial Services that the Board approves the Custodial Services Management Management Company agreement between the West Shore School District and GCA Service Group for the period between November 18, 2013, to June 30, 2018. Motion carried on a roll call vote 6-2, with Mrs. Crocenzi and Mr. Guistwhite voting in the negative. Appointment of Motion: It was moved by Mr. Ambrose and seconded by Mr. Kambic Transportation-Services, that the Board approves the Transportation Services agreement Company between the West Shore School District and First Student, Inc. for the period December 16, 2013, to June 30, 2018. Motion carried on a roll call vote 7-1, with Mr. Guistwhite voting in the negative. Recognition of Public— Mr. Todd Keefer, York Haven, expressed his concerns about General Items the three-minute public comment limitation. Information Items No information items were presented to the Board. Adjournment There being no further business, President Tezik declared the meeting adjourned. (8:36 p.m.) Dr an E. Argot, Secretary loom, EXHIBIT "L ° IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: SALE OF REAL PROPERTY OWNED NO. BY WEST SHORE SCHOOL DISTRICT SITUATE IN LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA AFFIDAVIT I, George C. Clauser, SRA,hereby swear and affirm as follows: 1. I am a Certified General Appraiser,Certificate No.GA-000233-L and have practiced as a licensed real estate appraiser in and around Cumberland County since 1973. 2. I am familiar with real estate values in Lower Allen Township in which the property known as 850 Lisburn Road,Lower Allen Township to be sold by the West Shore School District is located. 3. 1 performed an appraisal on the subject property in March of 2013 for the purchaser of the subject property,in which appraisal,I valued the subject property at One Million One Hundred and 00/100($1,100,000.00)Dollars as of March 15, 2013 assuming the property to be vacant land available for development based on a sales comparison approach. 0114182- -1- 4. Upon review of my appraisal,and taking into account the current market conditions,it is my opinion that the sales price of One Million One Hundred Thousand and 00/100 ($1,100,000.00) Dollars, in cash, offered for this property is fair and reasonable. In forming this opinion, I have also considered the following: a. I appraised the subject property in March of 2013 at approximately One Million One Hundred Thousand and 00/100 ($1,100,000.00) Dollars. b. I have reviewed the current market conditions for similar non-residential properties in the area. 5. In view of my appraisal and a review of recent sales in the area,it is my opinion that the consideration offered for the subject property is most likely a better price than would be obtained at public sale. 6. 1 am not in any way interested, directly or indirectly, in the sale or purchase of the subject property. I affirm that this information is true and correct to the best of my knowledge,information and belief and I further understand that false statements are subject to the penalties of 18 Pa.C.S.A. §4904,relating to unsworn falsification to authorities. Z-rS C -�=A" Date George C. Cl ser, SRA 0114182- -2- �� EXN/g/T `Nj•, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: SALE OF REAL PROPERTY OWNED NO. BY WEST SHORE SCHOOL DISTRICT SITUATE IN LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA AFFIDAVIT I, Jeffrey L. Walters, MAI, hereby swear and affirm as follows: 1. I am a Certified General Appraiser,Certificate No.GA-001051-L and have practiced as a licensed real estate appraiser in and around Cumberland County since 1990. 2. I am familiar with real estate values in Lower Allen Township in which the property known as 850 Lisburn Road,Lower Allen Township to be sold by the West Shore School District is located. 3. I performed an appraisal on the subject property in September of 2011 for the West Shore School District,in which appraisal,I valued the subject property at One Million Two Hundred and 00/100($1,200,000.00)Dollars as of September 14,2011,in its then-current state as a school or child/senior day care facility. Using the sales comparison approach,the 2011 appraisal indicated a fair market value of $1,120,000.00 and on an income approach basis, a fair market value of $1,500,000.00. The two approaches were reconciled,arriving at an opinion of fair market value of $1,200,000.00, as of September 14, 2011. 0119323- -1- 4. The 2011 Appraisal was based upon the then-current zoning of R-2 (Single Family Rural Residential). 5. I was provided with a copy of a sales agreement, from October 2012, with amendments thereto for the subject property with a sales price of$1,100,000.00,and which required the School District to secure a rezoning of the subject property to R-3 (Multi-Family Residential). 6. It is my understanding that the property was re-zoned to R-3 by Lower Allen Township in early 2013. 7. I updated my appraisal in November of 2013,taking into account the amended zoning classification of the property and proposed land development plan to develop the property for approximately 150 garden style apartment complex, as well as updated comparable sales. 8. My updated appraisal provides a value as of October 30, 2013,of One Million One Hundred Ninety-Five Thousand and 00/100($1,195,000.00)Dollars as vacant land for multi-family residential development following demolition of the existing building and prior to any land development plan approval. 9. Upon review of my 2011 appraisal and my updated 2013 appraisal, and taking into account the current market conditions, the Sales Agreement, as amended, and the demolition and disposal estimates, it is my opinion that the sales price of One Million One Hundred Thousand and 00/100 ($1,100,000.00) Dollars, offered for this property is fair and reasonable. 10. In view of my appraisals and a review of recent sales in the area,it is my opinion that the consideration offered for the subject property is most likely a better price than would be obtained 0119323- -2- at public sale. 11. I am not in any way interested, directly or indirectly, in the sale or purchase of the subject property. I affirm that this information is true and correct to the best of my knowledge,information and belief and I further understand that false statements are subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date Jeffrey L. al rs, MAI Pennsylvania Certified General Appraiser License No. GA-001051-L 0119323- -3- It: I et„,74 Y}r4U oi3 fey `- a, i/ Py IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: • SALE OF REAL PROPERTY OWNED • ^ � BY WEST SHORE SCHOOL DISTRICT • NO. /3 707/? ett:t '' SITUATE IN LOWER ALLEN TOWNSHIP, : CUMBERLAND COUNTY, PENNSYLVANIA : ORDER SCHEDULING HEARING ON PETITION FOR THE SALE OF UNUSED AND UNNECESSARY LANDS OF A SCHOOL DISTRICT AND NOW, this / day of , 7G`e`z. '4'• , 2013, upon consideration of the Petition of West Shore School District for approval of a private sale, a hearing has been granted to determine whether approval should be granted for a private sale of certain real property of Petitioner. A hearing on the above-captioned matter is set for the / k- day of , 2014 , at f, 30 am./p.m. in Courtroom No. / , located at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania. Petitioner is hereby directed and ordered to provide notice to the public in accordance with 24 P.S. §7-707(1) of the School Code. BY THE COURT: FH4 .io J. 144r4l3 0113508- 2 fl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA G -13Z fi { IN RE: • r+I c '''i rri SALE OF REAL PROPERTY OWNED • t' - BY WEST SHORE SCHOOL DISTRICT • NO. 13 7217 Civil -c„ SITUATE IN LOWER ALLEN TOWNSHIP, « =`' CUMBERLAND COUNTY, PENNSYLVANIA : e = ` —' cz : -- • t 4_ C•0 • ORDER APPROVING THE PRIVATE SALE OF CERTAIN REAL PROPERTY OWNED BY THE WEST SHORE SCHOOL DISTRICT AND NOW, this /1461 day of ir,;j",4.7 , 201 , upon consideration of the Petition of the West Shore School District and after a hearing upon the same, it is hereby ORDERED AND DECREED that approval for the private sale of certain real property by West Shore School District to Brooks Edge, LP pursuant to the terms and conditions of the Agreement , r1 of Sale dated October 9, 2012, as amended by Addendum, dated October 9, 2014, a Second Addendum, signed on June 28 and July 18, 2013, and a Third Addendum, dated September 19, 2013, is hereby GRANTED. BY THE COURT: CCID4ASCAIell CCUEA) '001V �. y J. 0113508- r PROT HOND 2U APR -14 fM 1•; 3 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: SALE OF REAL PROPERTY OWNED BY WEST SHORE SCHOOL DISTRICT SITUATE IN LOWER ALLEN, CUMBERLAND COUNTY, PENNSYLVANIA NO. 13 7217 CIVIL RETURN OF SALE I, David A. Jones, II, Esquire, of Stock and Leader, Susquehanna Commerce Center, 221 West Philadelphia Street, Suite E600, York, Pennsylvania, 17401-2994, attorney for West Shore School District does hereby certify that on March 26, 2014, the West School District completed the sale of the above-referenced real property pursuant to the terms and conditions of sale, as amended, attached to the Petition filed in this matter and as approved by this Honorable Court on February 14, 2014. The Deed, dated March 25, 2014, evidencing such sale, is recorded in the Office of the Recorder of Deeds in and for Cumberland County at Instrument No. 201406302 and a copy of such Deed is attached hereto and is incorporated herein by reference. Respectfully submitted, STOC AND LEADER By: Date: q13)ZOILI 0197788- D id A. Jones, Esquire Supreme Court 1.D. #82153 Susquehanna Commerce Center East 221 West Philadelphia Street, Suite E600 York, PA 17401-2994 Telephone: (717) 846-9800 Fax: (717) 843-6134 UPI: 13 -24- 0803 -018 850 West Lisburn Road, Lower Allen Township DEED 1 THIS DEED made the c day of % L . ?!JL , 2014. BETWEEN WEST SHORE SCHOOL DISTRICT, a body corporate, organized and existing under the Pennsylvania School Code, as amended, with its offices at 507 Fishing Creek Road, New Cumberland, Cumberland County, Pennsylvania, GRANTOR AND BROOKS EDGE, LP, a Pennsylvania limited partnership with offices located 3425 Market Street, Cumberland County, Pennsylvania 17011, GRANTEE WITNESSETH, that in consideration of ONE MILLION ONE HUNDRED THOUSAND AND 00/100 ($1,100,000.00) DOLLARS, in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantee, its successors and assigns: ALL that certain tract of land situate, lying and being in the Township of Lower Allen, Cumberland County, Pennsylvania, as shown on a plan entitled "Final Land Development Plan for Brooks Edge, dated 9/16/13, last revised 12/20/13, bearing Job No. 212059, prepared by R.J. Fisher & Associates, Inc., about to be recorded in the Office of the Recorder of Deeds of Cumberland County. Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point; said point being located on the western right -of -way line of Lisburn Road and the southeastern corner of lands now or formerly of Rolling Brook Townhomes; thence along the western right -of -way line of Lisburn Road by a curve to the left having a radius of 2884.93', an arc length of 25.80' and a chord bearing of S24 °58'22" E a distance of 25.80' to a point; thence by the same S 25°13'44" E a distance of 353.15' to a point; thence along lands now or formerly of Neal E. Wood Jr. S 64°46'16" W a distance of 10.00' to a concrete monument (found); thence by the same S 0142671- 75 °43' 16" W a distance of 84.20'. to a rebar (found); thence along lands now or formerly of Anthony J. & Jamie A. Sebastian N 14°16'44" W a distance of 49.95' to a rebar (found); thence along lands now or formerly of Anthony J. & Jamie A. Sebastian, Jonathan D. Zimmerman, and Heather Rae Mattson S 75 °43' 16" W a distance of 252.00' to a rebar (set); thence along lands now or formerly of Christopher M. Johnson S 47°10'16" W a distance of 77.41' to a rebar (set); thence along lands now or formerly of John F. & Suzanne S. Shuey, and existing 50' right -of -way, Kathleen Sullivan, Jason C. & Tammy L. Richards, Elizabeth M. Berrier, Dreher L. Richards Jr., Gerald J. Yancisin, and Marlin K. & Clara A. Ulsh S 75°43'16" W a distance of 690.00' to a rebar (found); thence along lands now or formerly of Carl T. & Kathleen M. Peiffer N 14°16'44" W a distance of 90.00' to a rebar (found); thence by the same S 75°43'16" W a distance of 114.95' to a rebar (found); thence along lands now or formerly of Roberta A. Bair and Bruce R. & Nina B. Peters N 19 °01'44" W a distance of 213.43' to a rebar (found); thence along lands now or formerly of Bruce R. & Nina B. Peters N 36 °49' 16" E a distance of 328.17' to a rebar (found); thence along lands now or formerly of Great Commission Care and Cumberland Elderly Housing N 75°10'46" E a distance of 531.08' to a rebar (found); thence along lands now or formerly of Rolling Brook Townhomes S 64 °49'44" E a distance of 236.13' to a rebar (found); thence by the same N 76°31'16" E a distance of 196.00' to a point; said point being the place of BEGINNING. CONTAINING 515,538 sq. ft. (11.84 acres). IT BEING Tract No. 2 of the same premises which the West Shore School District Authority, successor by merger to the Lower Allen Township School District, by Deed dated August 29, 1978 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 28 -A, page 683, granted and conveyed to West Shore School District, the above named Grantor; HAVING constructed thereon the former Cedar Run Elementary School Building. IT ALSO BEING the same premises which Emest H. Spoonhour, and wife, by Deed, dated November 1, 1960, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania at Deed Book 20 -A, Page 1082, granted and conveyed to the Lower Allen Township School District. UNDER AND SUBJECT to all restrictions, conditions, covenants, agreements, easements and rights -of -way of record or appearing on the ground. SAID PREMISES being the subject of the petition for approval of the sale of such premises pursuant to 24 P.S. §7 -707, as amended, filed by the West Shore School District at Cumberland County Docket No. 13 -7217 -Civil and approved by Order of Court, dated February14, 2014, a copy of which Order is attached hereto and is incorporated herein by reference, 0142671- AND the said Grantor hereby covenants and agrees that it will specially warrant and forever defend the Grantee against all actions which may be brought for the property hereby conveyed by the Grantor or by anyone claiming under or through the Grantor. IN WITNESS WHEREOF, said Grantor has hereunto set his hand and seal the day and year first above written. SIGNED, SEALED, DELIVERED IN THE PRESENCE OF: WEST SHORE SCHOOL DISTRICT 0142671- President, : • .i d . School Directors SEAL) fro COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF YORK On this, the c9 541 day of a , 2014, before me, a Notary Public in and for the "pirnwealth of Pennsylvania, the undersigned officer, personally appeared , who acknowledged himself/herself to be the stAL of West Shore School District, a body corporate, and that he/she as such officer, exectfted the foregoing instrument for the purposes therein contained by signing his/her name as such officer. IN WITNESS WHEREOF, 1 hereunto set my hand and notarial s COMMONWEALTH OF PENNSYLVANIA Nota1a1 Seal Denise Bematos, Notary Public Fairview Twp., York County My Cornrresston Expires Jun! 5,2015 MEMBER, PENNSYLVANIA ASSOCIATION Of NOTARIES TARY PUB I HEREBY CERTIFY that the precise residence and complete post office address of the within named Grantee is: 3425 Market Street, Cumberland County, Pennsylvania 17011 0142671- , 2014 Attorney for Grantee UPI Not Applicable IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: SALE OF REAL PROPERTY OWNED BY WEST SHORE SCHOOL DISTRICT SITUATE IN LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA NO. 13 7217 Civil C=2. rn co -v ORDER APPROVING THE PRIVATE SALE OF CERTAIN REAL PROPERTY OWNED BY THE WEST SHORE SCHOOL DISTRICT AND NOW, this AHAday of , 20 •• upon consideration of the Petition of the West Shore School District and after a hearing upon the same, it is hereby ORDERED AND DECREED that approval for the private sale of certain real property by West Shore School District to Brooks Edge, LP pursuant to the terms and conditions of the Agreement of Sale dated October 9, 2012, as amended by Addendum, dated October 9, 2012,:.(S‘cond Addendum, signed on June 28 and July 18, 2013, and a Third Addendum, dated September 19, 2013, is hereby GRANTED. 011.3508- BY THE COURT: I . , rtj .■ TRU e0QeriEliO4, Ftg b' In Testi mdnx.ifiereiri *IV 451Piitt and ty kr' TAMMY SHEARER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717- 240 -6370 Instrument Number - 201406302 Recorded On 3/28/2014 At 12:02:23 PM * Instrument Type - DEED Invoice Number - 158466 User ID - SW * Grantor - WEST SHORE AREA SCHOOL DISTRICT * Grantee - BROOKS EDGE LP * Customer - BLACKACRE LAND TRANSFER CO LLC *FEES STATE TRANSFER TAX $11, STATE WRIT TAX STATE JCS /ACCESS TO JUSTICE RECORDING FEES — RECORDER OF DEEDS PARCEL CERTIFICATION FEES AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE WEST SHORE SCHOOL DISTRICT LOWER ALLEN TOWNSHIP $5, TOTAL PAID $22, 000.00 $0.50 $23.50 $11.50 $15.00 $11.50 $2.00 $3.00 $5,500.00 500.00 067.00 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER OF DEEDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. II 1