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13-7299
T� CUMBERLAND CouNTY PENNSYL1,AN1A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: SALE OF REAL PROPERTY OWNED BY BIG SPRING SCHOOL DISTRICT NO. / SITUATE IN WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA PETITION FOR THE APPROVAL OF THE PRIVATE SALE OF UNNECESSARY AND UNUSED LANDS AND BUILDINGS OWNED BY THE BIG SPRING SCHOOL DISTRICT PURSUANT TO 24 P.S. 7-707,AS AMENDED AND SUPPLEMENTED AND NOW, comes the Petitioner, the Big Spring 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 Big Spring School District ("District"), is a duly organized Pennsylvania school district with principal offices at 45 Mount Rock Road, Newville, Cumberland County, Pennsylvania 17241. 2. Petitioner is the owner of a certain tract of land known formerly as the Plainfield Elementary School at 7 Springview Road, Carlisle, Pennsylvania 17241, identified as Cumberland County Tax Parcel No.: 46-07-0475-031-EX, which tract contains ten (10) acres of CLO n 0110410- land, along with the improvements thereon, situate in the Township of West Pennsboro, Cumberland County, Pennsylvania, and is more fully described in the below-identified deed. 3. Petitioner acquired title to the subject tract of land by virtue of a Deed, dated September 21, 1981, which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County on September 21, 1981, at Deed Book 29-0, Page 306. 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 29 rooms, including classrooms, library, all-purpose room, kitchen, offices, restrooms and storage rooms. The building contains approximately 27,000 square feet and appears to be in average condition. Further, the property is improved with an asphalt parking lot, sidewalks and an asphalt playground area. 5. In June of 2012, the District ceased using the property as an elementary school. 6. Thereafter, the District entered into a lease agreement with the Yellow Breeches Education Center, Inc., for the 2012-2013 school year and the Yellow Breeches Education Center, Inc., has leased the property since that time. 7. The Yellow Breeches Education Center, Inc. has used the subject property as a school providing alternative education programs. 8. The District entered into an Agreement of Sale, dated April 2013, with Yellow Breeches Education Center, Inc. ("Purchaser"), for the sale and purchase of the subject property. A true and correct copy of said Agreement of Sale and the minutes of the Board of Directors 0110410- 2 accepting the Agreement of Sale and authorizing its execution are attached hereto, incorporated herein and marked as Exhibits `B" and"C". 9. The sales price for the subject property is stated as Six Hundred Thousand and 00/100 ($600,000.00) Dollars to be paid as follows: Cash $131,988.00 Two (2) Special Education tuition slots for Seven (7) years (includes 2%projected annual increase) $363,975.00 Adventure Education on site for Four (4) years $100,000.00 SCM Training for District Staff for One (1) year $4,037.00 Total $600,000.00 10. The portion of the purchase price that is tied to future tuition slots and educational services will be secured by a promissory note and mortgage. 11. The District and the Purchaser entered into a Second Endorsement to the Agreement of Sale to remove the due diligence period and to provide a settlement date to December 31, 2013. A true and correct copy of said Second Endorsement to the Agreement of Sale and the minutes of the Board of School Directors accepting the Second Endorsement and authorizing its execution are attached hereto as Exhibit "D" and "E" and are incorporated herein by reference. 12. The District obtained a Summary Appraisal Report, as of June 12, 2012, of the subject property from Steven W. Barrett, which Summary Appraisal Report gave a range of values, based on sales comparisons between $594,000.00 and $702,000.00, with an opinion of value at $600,000.00. 0110410- 3 13. 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 West Pennsboro Township, Cumberland 'County, Pennsylvania. Said affidavits are attached hereto as Exhibits "F" and "G" and are incorporated herein by reference. [INTENTIONALLY LEFT BLANK] 0110410- 4 WHEREFORE, Petitioner, the Big Spring School District, respectfully requests that this Honorable Court: a. Set a date and time for a hearing on the foregoing Petition; 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 Yellow Breeches Education Center, Inc., pursuant to the terms and conditions of the Agreement of Sale, dated April 2013, and amended by the Second Endorsement to the Agreement of Sale, dated October 2013. Respectfully Submitted, STOCK AND LEADER Date: McH By: Philip n. Spare, Esquire Court ID # 65200 David A. Jones, II, 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 0110410- 5 S VERIFICATION I hereby affirm that the following facts are correct: I am the Superintendent of the Board of School Directors for the Big Spring 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. BIG SPRING SCH00 6&T Date: �l- �LJ d By: t8Tperintendent 0110410. EXH/g/T �q ., 1 211-79-13 eed!nm Coevoration W Indf�Idui oe GMV.: shoat F_W—tr. nbenture. ' f Hmro Hall.Inc.,Ind;aw,Pa. 1 , MADE THE day of in the year of our Lord one thousand nine hundred eighty—one (1981) jBETWEEN THE CENTRAL CUMBERLAND COUNTY JOINT SCHOOL DISTRICT AUTHORITY, Of Cumberland County, Pennsylvania, and BIG SPRING SCHOOL DISTRICT, of Newville, Cumberland County, Pennsylvania, v. � rn I ti oa<. I s' t � i WITNESSETH,that the said Grantor for and in consideration of the sum of One Dollar ($1.00) lawful scone of the United States of Arnertea,unto y it well and truly pail by the said Grantee at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained,sold,aliened, t enfeoffed,released and confirmed, and by these presents does grant, bargain,sea, alien,enfeoff,release and confirm unto the said grantee, its successors and assigns, ALL that certain tract of land located in West Pennsboro Township, .Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the center of the intersection of .the public road leading from Plainfield to Greason and the intersection of the road leading from that road to Mt. Rock, known as the Mt. Rock Road; 1 thence by said Plainfield—Greason Road, south 3 degrees 48 minutes y east 350 feet to a point; thence by the same, south 10 degrees 24 minutes east 250 feet to a point; thence by other lands of Lacy M. Hoffman, South 79 degrees 36 minutes west 779.41 feet to a point at. line of lands of J. Wilson Stine; thence along said lands north 10 degrees west 469.05 feet to a point in the Mt. Rock Road; thence by said road, north 60 degrees 36 minutes east 231.36 feet to a point; thence by the same, north 74 degrees 30 minutes east 600 feet to the place of Beginning. Containing 10 acres. BEING the same which the School District of West Pennsboro Township, Cumberland County, Pennsylvania by deed dated August 9, 1954, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book "$", Vol. 15, Page 428, conveyed to The Central Cumberland County Joint School District Authority, the grantor herein. The conveyance is pursaag1t%ri 4esolution of the Central Cumberland- County Joint School Distric Apas ed unanimously at a regular meeting on May 11, 1981 to transfer ownership to the Big Spring School District of all property covered by the 1954and 1963 A bonds issued by the . Authority 'which have now been paid. BUZ23 f..« 306 TOGETHER with all and singular the ways,waters,watercourses,rights,liberties,privileges, hereditaments and appurtenances whatsoever thereunto belonging,or in anywise appertaining,and the reversions and remainders,rents,issues and profits thereof,and all the estate,right, title,in- terest,property, claim and demand whatsoever, of the grantor k i in law,equity,or otherwise howsoever,of,in and to the same and every part thereof, i I I TO HAVE AND TO HOLD the said hereditaments and premises hereby granted or mentioned and intended so to be with the appurtenances, i unto the said grantee , its successors and assigns,to and for the only proper use and behoof of the said grantee, its successors I and assigns forever. i I i i ktk I i i i AND the said grantor hereby covenant,and agree, that it will warrant generally j the property hereby conveyed. 3. 1 Joint IN WITNESS WHEREOF,the said Central Cumberland CbunJo School District Authority in its corporate name by.its pre has caused this Indenture to be.signed sid fF�% caused to be affixed hereunto the common and cor- porate seal of the said corporation,attested by its Secretary,the day and year first above written. THE CENTRAL CUMBERLAND COUNTY �. JOINT SCHOOL DISTRICT AUTHORITY _...... _..._........... .._...-...__ rman esid -:. Clinton F. Beckner �"a""' `r Attest.- t Seer ary, Markwood C. Reid i l 61 0.2;9 FAQ£ j i State of PENNSYLVANIA es. County of CUMBERLAND - } On t:is,the 91�y day of ,19 $1,before me, the undersigned officer,personally appeared Clinton F. Beekner who acknowledged himself to be the Chairman Of The Central Cumberland County Joint School District Authority a corporation,and that lw as such Chairman I being authorized to do.so, executed the foregoing instrument for the purposes therein contained by signing the napaF.a1,4th.e corporation by himself as In witness whereof,I hereunto set my hand aq official seal .,fir ,:Fs+cK�e T .:I?ubl ���N>':,.;. • —tr'�' iledc°' .. •' cw�m�)A�._Nota Y. �� ..--....._,��y}'��>.+J.��::;�y1�.+•• +.r :Ri tyrtyrr!o*d LAY Title O�.YVIte�,�.'�v�", �'- t' `CERTIFICATE OF RESIDENCE _I.._..__.___-___-----do hereby certify that the precise residence and complete post office address I� of the within named grantee is R. D. 2p Box 98, Newville, PA 17241 tig 1 Attorney for i N � U F +-r m A A a a { w$ a I CQ X 8 i v 1 x E U 14 co State of. _._.- �•------ - /.___.... Se. County of..__ _-_..---........... RECORDED on this_.._..- .___. day of A.D. 199.29,in the Recorder's oof//fi��cce/e of said County,in Deed Book C! Vol._lLi..1_....._ Page Given under my hand and the sealtif the said 0 e;th ate above written. ............. . .,.----•�...... l�cordc�. sL�x�2� ray 308 EXH/g/T �g ,. AGREEMENT FOR TEE SALE OF COMMIMCYAL REAL UTATE AM f This tanrrw=m=ded amlammod fo,but not rmulmad ro sue Ly,tlgttaombeaaf tkePeaee�lv�la AgocEanoo of RFAL70R6�(PAR} SELLIER16 BUSINIIBS RELATIONSFIIP WrM PA UCHNSI D BROKIM BROKER(Company)titer Arty s:ersMM to azekes 099 eel9.os• a attes�a PHONE i ADDRESS - - FAX LICENSEE(p) Designated Agent? Q Yet C3 No BROKER 16 THE AGENT FOR SELLER. OR Of cheeked bdowh Broker Is NOT the wtfarflabr and is alas: ❑AGENT FOR BUYZR O TRANS4G77ON UCZNSXZ RUMiS BUSMM RELATI0NSHIP WITH PA LICET1SlCl1 BROKER BROMM(Cbnpany)M ,.3t salaMM to arokea ahall mesa 8nvar+a atto>•M PHONE ADDRESS BAX I.[CENSEII(S? Dulgaated Agent? ©Yet No BROKER 2THE AGENT FOR BUYFIt. OROfoheckad below) i Broker is NOT the Agent for Buyer and is omot 0 AGwr FOR SS ux M SIIBAC)1'dd'!'mu S6LL11;it 0 TRANSACTION UCE NSSB when the some Broker Is Agent fbr Baller and Agent for Buyer,Broker Is a Deal Agent.AB of Broker's licensees are also Dual Agents UNLESS there are separate Designated Agents for Boyar and Seller.H the acme Ltcentet b designated Por ,Scher and Bayer,the Licence is a Deal Agent. 1 1. This Agroomerd,dated �A ri1 2013 Is between 2 SELLDR(s): 19ig Spring 8'ohool D.Imtrict:, 45 Mouat Rook Road, 24mrville, PA 17241 3 4 • S 6 ca er;'and 7 B s Wlow uses+ a Sduoa on Center, Inc. 9pr 10 Road, Car11s a, PA 2.7E5 B 9 9 Cape 11guyar.11 i 12 2. P130P RTY.Seller bareby agrees to sell and couvoy to Bayer,who hereby agrees to purchase., i 13 ALL THAT CERTAIN fat or plena of gmaNd wltb buildings and Improvements thereon erected,If any,known Sr. Plaimfisld 14 >lllcaarnnt School 7 924m law Road carlis7.e Vampl t#46-07-0475--031 8X, bawd Bock 0-29 Pa 6 15 aoaaisr of 10 acmes more or a ' 16 17 n the Towuahi a Ilea Psufa oro outlty of 0 er need , Is Commonwealth of FoussylvaniL Idermawon(erg,Tax ;Parcel {Lot,.Block;Deed Book,Page,liecordlij Date 19 20 21 22'32 (A) PurdWO PPAO 4600f000.00 US.potlars, 24 which will be paid to Seller by aver sea a a: j 25 1. Cash or obeck at siguhtg this Agreement: to stock & Land— S s,000.00 26 2. Cash orcheokwithin daysVfthe mmution oft) Agreement: $ 27 468,0:12.00 3. tiat.lar'Piatarsaiaq --- 5 '29 4' 26 98-8.00 i 29 S. Cash or cashier's cheo at time o aotilemont S s 30 TOTAL S 600,000.00 31 (B) Deposits peulby Buyer within 30 DAYS of stelcuunt will be by Dash or cashier's check Doposits,rgpa dleas of we form of payment t an°an i 32 the parson designated as payee,w`Mc paid in U.S.Dollars to Broker for Seller(unless otherwise stated here), 33 34 i 39 ,Who will retain I 36 deposits in an escrow aeoouttt un canvanut lion or limMi0on of Me Agreement in°nmformity with all applicable taws and regulations,Any 37 check tondered as deposit monies may bo hold uncsabod pondhsg to wooeptimoo of"Agtermant Ad- 38 (G) 8cller's wMw approval on or before: [3/ j My 30, 2Q J 3 If 39 (D) Settlement to be on tlotobosc" 1, 2015 _ _-- -- ---_- ,orteibm I uyor and Seller awe. 40 41 Bayer Initl0s: }(. -- ABC Page 1 af9 Seller lalthda: J RovisefiSM Board Secretary I I Board President Fennsylvanta Assoclatl°n O REALTOW COYRIrM PENNSLVANA AMOMAnONDF REAGTORM£20 11 106 I Soldis,Sullivan&Rogm 26 West High Strut Cadble,FA I7013 Phone:(717)243-622'! Far (717)2434S10 Robert Snick Yellow Oneohes- ProduoedwlMsJpfara�IN'�P�•a61R tao7a�.x+saeexoan,><r�ar,eaotussn�� { 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: 48 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 lienabla municipal service.All charges will be pro-rated for the period(s)covered.Seller will pity sap 54 to and including the date of settlement and Buyer will pay for all days following settlement,unless otherwise stated here: except those 55 paid for by Buyer, pursuant to its existing Lease 56 57 (H) Buyer will reimburse Seller for ilia actual costs of any remaining ficating,cooking or other fuels stored on the Property at the time of settlement, 58 unless otherwise stated here: Hiner purchased and shall retain ownership. 59 60 4. FIXTURYS&FEMONAL PROPERTY(1-60) 61 (A) INCLUDED in this sale are all existing items permanently installed In the Property,free of liens,including plumbing;heating;HVAC.equip- fit ment;lighting tlxtures(Including chandeliers and ceiling fans);and water treatment systems,unless otherwise stated below.Also included: 63 64 65 06 67 68 (B) LEASED items(not owned by Seller): 69 70 71 72 73 74 (C) EXCLUDED fixtures ang items: None 75 76 77 78 79 s0 s. POSSESSION 81 (A) Possession is to he delivered by deed,keys and: 82 1. 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 %RUM 35 2. Assignment of existing leas s), together with any security deposits and Interest.at day and time of settlement, it'Property is leased at the 86 execution of this Agreement.unless otherwise specified here: 37 88 89 90 91 92 93 94 95 96 97 98 99 too (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 leaner for the Property without the written consent of Buyer. 102 103 , 104 Buyer tnitialr: ASC Page 2 of 9 Seller Initials: Revised 8/11 Board Secretary Board President WjUdl Rmduwd wM xWarm0 br 71pLoaby Isa70 F1ft@w M b Rea Fr9w.Mtrhle&n 46M y&mL&Laad.Gam Yellow Breeuhes- 105 6. DATES/TIME IS OF THE ESSENCE(9-05) I U6 (A) 1be settlement date and all other dates find times referred to 1'or the performance of any of the obligations of this Agreement are of the essence 107 and arc binding, 108 (B) For the purposes of this Agreement, the number of days will be counted from the date of oxecutlon,excluding the day this Agreement was cxc- 109 cured 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 full acceptance of this Agreement by signing and/or initialing It.All changes to this Agreement should be Initialed and dated. i I I (C) The settlement date is not extended by nny other provision of this Agreement and ntay only be extended by written agreement of the parties. 112 (D) Certain tune periods are pre-printed In this Agreement as a convenience to the Buyer and Seller. All pre-printed thno periods are negotiable 1 13 and may be changed by slriking out the pre-printed text and inserting a dlfibrent time period acceptable to all parties 114 7. FINANCING CONTINGENCY(10-06) 115 fZI WAIVRI),This sale Is NOT contingent on tinanefng,although Buyer may still obtain financing. 116 ❑ 13LECTED. 117 (A) Thls sale is contingent upon Buyer obtaining financing as follows: 118 1. Amount of Ioun S H9 2. Minimum'ferm ;ears 120 3. 'type of loan 121 4. Buyer agrees to accept(lie Interest rnt:as may be committed by the lender,not to exceed it 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 the 123 financing terms stated above to a responsible lenders)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(3)concerning Buyer's legal or llnancinl status, 126 or full to coopernte in good faith in processing the financing application,which results In the londer(s)refusing to approve a financing 127 commitment,Buyer will be In default of this Agreement. 128 (D) 1. Upon receipt of a financing commitment,Buyer will promptly deliver a copy of the commitment to Seller. 129 2. Financing commitment data 130 Unless otherwise agreed to in writing by Buyer and c er, if a written commitment is not Teccivad by Seller by the above date, this 131 Agreement will be VOID, with all deposit monies returned to Buyer according to the terns of paragraph 20. Buyer will he responsible 132 ilor tiny premiums for mechnnics' lien insurance and/or title scorch, 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 apprals- t 34 al fees and charges paid In advance to lender. 133 8. STATUS OF WATER(5-01) 136 Seller represents that Property Is served by: 137 ❑ Public water 138 ® On-site water 139 0 Community Water 140 ❑ None fit I [J 142 Seiler warrants that the system(s)are filly paid for as of the Execution Date of this Agreemont 143 9. STATUS OF SEWER(5-01) 144 Seller represents that Property Is served by: 143 ® 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 Sewngo Notice I;see Sewage Notice 4,1f applicable) 150 ❑ Ten-acre Permit Exemption(see Sewage Notice 2) 151 ❑ Holding Tank(See Sewage Notice 3) 152 ❑ None(See Sewage Notice 1) 153 [] None Available/Permit Limitations In Effect(Sea Sewage Notice 5 or Sewage Notice 6,as applicable) 154 ❑ I J5 Seller warrants that the systems are fully paid for as of the Execution Date of this Agmemtml. 156 10. ZONING CLASSIFICATION(3-01) 157 Failure of this Agreement to contain the zoning classification(crtcept In cases where the property(and each parcel thereof,if subdividable) is zoned t58 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: 161 I1. ZONING CONTINGENCY(111- 162 M WAIVED. 163 ❑ ELECTED.Contingency Period: days(15 if not specified)f}om the Execution Date of this Agreement. 164 (A) Within the Contingency Period, uyl ,at>3uyees expense,may,verify that Buyer's proposed use of the Property ns j 165 it 166 is permitted un r the current zoning classi cation for the Property and Is not prohibited by any other governmental land use restrictions. i 167 Buyer inittuls: ASC Page 3 of 9 Seller Initlals: " Revised 8/11 Board Secretary Board President V1rI(N' rrodumd with:ipForma,nvtri,►oWa1W70Fifl~Mile RONKFnw,rn"Mn4=9 mywjldAaa,= Yellow f3reeches- 168 (B) If Buyer's proposed use of tire Property Is not permitted, Buyer will, within the Contingency Period, nutily Seller in wri(iait that Ilia pro- f 0 posed use of the Property is not permitted,and fluycr wil I: 170 ❑ Option 1 171 1, Accept the Property and agree to the 1IFERASF in paragnrph 25 of this Aglccwent.OR 172 2. Terminate the Agreement of Sale by written notice to Seller,with ail deposit monies returned to Buyer according to the terms of parn- 173 graph 20 of this Agreernemt,OR 174 3. Fnter into a mutually acceptable written alrreement with Seller. 175 if Buyer and Soller do not reach it written ngrebmtnt during the Contingency Period and Guyer does not torminate the 176 Agreement of Sale by written notice to Soifer within that lime. Buyer will accept the Property and agree to the RELEASE in 177 paragraph 23 of this Agreement. 178 ❑ Option 2 179 I. Within the Contingency Period, Buyer will make a formal written application 1'or zoning approval, variance,non-conforming use, I So or special exception from (municipality)to use the Property is I'It I (proposed visa).Buyer xvill pay Im 132 applications,legal representation,and any other costs associated with the app cation;um approval process. 1;43 2. If the municipality requires the application to be signed by the current owner,Seller agrees to(to so. 134 J. If final,unappealable opproval is not obtained by ,Guyer will: 135 (A) Accept the Property with the current zoning and agree tote RM EASE In paragraph 25 of(his Agreement,OR 136 (13) Terminate the Agreement of Sale by written notice to Seller, with all deposit monies returned to Buyer according to the terns 187 Of paragraph 20 of this Agreement,OR 138 (C) Fntcr Into a mutually acceptable written ngreoment with Seller. 139 If Buyer and Seller(to 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 UFFECTS DISCLOSURE(10-01) 193 (A) Seller represents and warrants that Seller has no knowledge except as noted in this Agreement thm: (1)The premises have been contaminated 194 by any substance in tiny manner which requires remediation; (2)T'he Property contains wetlands, flood plains,or any other environmentally 195 .tiensitive areas, development of which Is limited or precluded by law; (3)The Property contains asbestos, polychlorinated biphenyls, !ead- 196 hosed paint or any other substance,the removal or disposal of which is subject to any low or regulation;and(4)Any law ling 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) Seller and Buyer acknowledga that any Broker identifle t in this Agreement: (1) is a licensed real estate broker; (2) Is not an expert In con- 199 stnrction,engineering,or environmental matters; and(3)Has not made and will not make any representations or warranties nor conduct invc3- ,00 tigations of the environmental condition or suitability of the Property or any adjacent property,including but not limited to those conditions list- WI ed in paragraph 12(A). ?02 (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 utter Seller's occupation !04 of the Property including without limitation any condition listed In paragraph 12(A). ?05 (D) 'Ilia provisions of this paragraph will survive settlement. ?06 13. NOTICES AND ASSESSMENTS(5-01) ?07 (A) Seller represents,as of the date Seller signed this Agreement,that no public Improvement,condominium or owner association assessments have log 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- ?10 ed, and that Seller knows of no condition that would constitute a violation of any such ordinances(hut remains unconeeted, unless otherwise a l l speciticd hero: 2.12 ?13 ?l4 Z15 (B) Seller knows of no other potential notices(including violations)and assessments except as follows: 246 Z17 ?I8 Z 19 (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 ?21 nuyer. ?22 (D) If required by law, Seller will deliver to Buyer, on or before settlement, a certification from the appropriate municipal department or depart- ?23 ments disclosing notice of any uncorrected violation of zoning,building,safety,or tire ordinances. 224 (E) Access to a public road may require issuance of a highway occupancy permit from the Department of Transportation. ?25 14.TITLE AND COSTS(10-06) !26 (A) The Property is to be conveyed free and clear of all (lens, encumbrances, and easements. EXCEP'l'iNQ HOWEVER the following. existing 127 deed restrictions,historic preservation restrictions or ordinances,building restrictions,ordinances,casements of roads.easements visible upon 228 the ground,casements of record,privileges or rights of public service companies,and land use restrictions pursuant to property enrollment In Z29 it preferential tax rograrn if any. !30 Buyer Initials: ASC Page 4 of 9 Seller Initials: Revised 8/11 Board Secretary Board President liuduodwithilPFamAbvtlPLaeb( leafO Fla�lhHltr Nod,Fnl��f,MlohlpM(Alln7e 7N'EM>n1�IYC� `fOltaW BfCGCtlt!• 731 (f3) Buyer will pay for ilia 60lowing: (1) Tille search, title Insurance and/or mechanics' lien insurance, nr any fee for runeellation; 1 Z32 (2) [:land insurance, tiro Insur iwo with extended coverage, mine subsidence insurance, or any fee for rancellntlan; (3) Appraisal Iles and 133 charges paid in ndvnoce to mortgage lender(s);(4)Buyeeg customary settlement costs and Rae tinle n34 (() Any survey or Surveys required by the title Insurance ecnnpony or the ahstrncting attorney for preparing an adequate Ieitnl description of ilia '33 Pmporty, (or the correction thereof) will be obtained and paid rot by Seller. Any survey or surveys desired by f3uyer or required by n lender will 236 be obtained and paid rot by Buyer. '37 (1)) If Seller is unable to give a good and marketable title and such as Is insumblo by a reputable title Insurance company at the regular ralas, its +pcuilied '38 specifled in paragraph 14(A),tluyer will: 139 1, Accept the Prnperty with such title as Seller can give, with no change to the purchmo ptico, and agrea to the RPI..FASE in paragraph 25 of dil.t 'A0 Agreement,Oft `.41 2, Terminate this A1lrr ement by written notice to Seller, with all deposit monies returned to ilayer according to ilia terms of paragraph 20 of Z42 !his AgrecmcnL Upon termination, Seller will reimburse Buyer for arty cusla incurred by Buyer for any inspections M certifications obtained N3 according to the terms ofthis Agreement,and fbr Ihuse items specifier)in pnrngrnph 14(B)items(1),(7).(3)and in paragraph 14(C). Lt4 15. COAL NOTICE(Where Applicable) 345 I'I nS DMIIMI3Wr MAY NOT SEI.1.,CONVEY,TRANSFIIR,iNCLUDH OR iNSURIT THE TITLE TO THE COAL AND RiGHTS OP SUPPORT UNDHRNGA'rH'n Ili SURFACE 1.AND 2.t6 08SCRIn®OR RnIrHKRtiD'TO iIN7tETN,AND T'HB OWNER OR OWNERS OF SUCH COAL MAY f PAVE 1'1!1!COMP1.fiTH LGOAL RIGH'C't`O Itt3MOV8 ALL SUCH COAL AND >47. IN THAT CONNRCTiON,DAMA09 MAY RP.SIA.T'ro-nia SURFACE OF-MR LAND AND ANY IIOUSE RUILDiNO On OTttitR S'rRUC'TURai ON OR IN SUCH LAND.(lids 248 notice is set forth In ilia manner provided In Section I of Ilia Act of July 17, 1957, P.L. 984.) "Buyer rcknowledgos that he may not be obtaining Ilia 249 right of protection against subsidence resulting Rom coal mining operations, and that Ilia propeny described herein cony he protected f}nm dmnnge 250 due to mine subsidence by n private contract wish the owners of Iho economiu interests in the coal. This rteknowledgemenl is made fire Ilia purpose 351 of complying with the provisions of Section 14 or the Bituminous Mine Subsidence slid the Land Conscrvntlon Act of April 27, 1966.` Buyer uppecs 252 to sign the doed from Seller which dced will coninin the aforesaid provision. 153 16.'rAX DEFERRED EXCHANGE(10-01) Z54 ® NOTAPPLICABI.E. 155 ❑ APPI.ICADLE. If Seller wishes to enter into a tax deferred exchange for the Property pursuant to Section 1031 of the internal Revenue Code, 356 Buyer agrees to cooperate with Seller In connection with such exchange,including the execution of such documents as may he reasonably nco- 'S7 cssary to conduct the exchange, provided that there shall be no delay In the agreed-to settlement(late,and that any ndditional costs associated Z58 with the exchange are paid solely by Seller. Buyer is aware that Seller anticipates assigning SoHers interest in this Agreement to a third party 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 '61 Property described In this Agreement, Scalar shall indemnify and hold harmless Buyer against any liability which arises or is claimed to have 162 arisen from tiny aspect of the exchange transaction. 363 17.COMMERCIAL CONDOMINIUM(10-01) 264 ® NO'TAPPLICABLE. 265 ❑ APPLICABLB. Buyer acknowledges that Ilse condominium unit to he transferred by this Agreement Is intended for noliresidcntial use, and '66 that Buyer may agree to modif} or waive the applicability of certain provisions of the Uniform Condominium Act of Pennsylvania(68 Pa. C.S. 267 §3101 et soq.). 168 13. RECORDING (9-05)This Agreement will not be recorded In the OffIca of the Recorder of Deeds or in any other office or place of public record. 169 If Buyer causes or permits this Agreement to he recorded,Sellcr may elect to treat such act as a breech of this Agreement. 170 19.ASSIGNMENT(9-05)"This Agreement is binding upon the parties,their heirs,personal roprawntatives,guardians and successors,and to the extent Z71 assignable,on the assigns of the parties hereto.Buyer will not transfer or assign this Agreement without ilia written consent of Seller unless other- 272 wise stated in this Agreement 173 20. DEFAULT,TERMINATION&RETURN OF DEPOSITS(8-11) 174 (A) Where Buyer terminates this Agrmmont pursuant to any right granted by this Agrccmont,Buyer will be entitled to a return of all deposit monies 175 paid on account of Purchase Price pursuant to the terms of Paragraph 20(B),and this Agreement will 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. ?77 (f3) Regardless of the apparent entitlement to deposit monies,Pennsylvania law prohlbiisa Broker holding deposit monias to determine who is cnif- 278 tied to deposit monies when settlement does not occur, if this Agreement is terminated for nny reason, the Broker can only release the >79 deposit monies: ?80 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- Z81 (fence that there is no dispute regarding deposit monies, '82 2. According to the tens of a written agreement signed by the Buyer and Seller directing Broker flow 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 '88 289 190 291 Z92 '93 Buyer Initials: ASC Page 5 of Seller Initials, I Revised 8/11 Board Secretary l Board President Vrmlm d win slpFmrrill av:dploui, 14010 FWeen war now,Fra"r,MIdAgen 4dM atrier�m.enitccaln Yellow Breeches- I 794 (C) Buyer and Seller agree that if there Is a dispute over the entitlement to deposit monies that is unresolved 165 dnys alter the Scitiemcnt Date 295 stated in Paragraph 3(D),or tiny written extensions thereof; the Broker holding ilia deposit monics w31� tvtmn 30 days of receipt of Buyer's 96 written request,distribute the deposit monics to Buyer takes ilia Broker hits Icceived verifiable written notice that 1ho dispute is ilia subject of 797 litigation, if Broker has received verifiable written notice of litigation before receiving Buyer's request I'or distrihution,Broker will continue to 298 hold the deposit monies until receiving either a written distributlon,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 tiny distribution made by Broker pursuant to this paragraph.Buyer 100 find 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 otter a distribution is mada. 102 (D) Buyer and Seiler agree that Broker who holds or distributes deposit manias pursuant to the terns of Parngniph 20 or Pennsylvania law will not 103 be liable for those deposit mollies to either Buyer or Seller, absent baker's gross negligence or wrnngt'ul intentional actions, Buyer and Seller 104 agree that if any Broker or affiliated licensee is named in litigation regarding deposit alonics,entitlement to deposit monies or distribution of 105 deposit monies,then the Broker's and/or licensee's attorneys'fees and costs incurred for participating in such litigation will he paid by the party 106 naming them orjuining them in the litigation. 307 (E) Seller tins the option orrciaining al)starts paid by Buyer,including Ilia deposit monics,should 1411yer. 108 I. I'ail to make any additional payments ns specified in Paragraph 3,OR 109 2. Furnish false or incomplete information to Seller, 11roker(v), or tiny other party identified in this Agreement concerning Buyer's legal or 110 financial status,OR 311 3, Violate or fill to fbifill and perform any other terms or conditions of this Agreomcnt. 112 (F) Unless otherwise chocked In Paragraph 20(G),Seller may elect to retain those sums paid by Buyer,including deposit monies: 3)3 1. On account of purchase price,OR 314 2. As monies to be applied to Scller's damages,OR 115 3. As lire»dated damages for such default. )16 (G) ® Sii,LLER IS LIMITED TO RETAINING SUMS PAID BY BUYER,INCLUDING DEFOSfC MONIES,AS LIQUIDATED DAMAGES. 317 (H) If Seller retains all sums paid by Buyer, including deposit monies,as liquidated dmmngss pursuant to Paragraph 20(F)or(0), Buyer and Seller ill! are released f}om further liability or obligation and this Agreement is VOID. 319 (1) Brokers and licensees tire not responsible for unpaid deposits. 120 21. REAL ESTATF RECOVERY FUND(9-05) 121 A-Reel-8Mnte-Raeovery,++rnd-axi N9 to reirnburae a»r persettts wire l awe r>bMfned n-tiratl utvil jtnlgmantngni,ryHr Penr>yyivmtiu rerrF t+et4ele-Heenyee 122 , _"iate Hangout wr-rind-wh&hey*-heetwneMe taeeNeo!N+o-ju<tgtrl ll-legal 123 e+ne}eq ' he Fund,a&!!(71?)783 793 185,;fom- 524 lie3o pen"sylvffille). 325 12. MAINTENANCE AND RISK OF LOSS(10-06) 126 (A) Seller will maintain the Property,grounds,fixtures and personal property specifically fisted in this Agreement in its present condition,normal 127 wear and tear excepted. 128 (B) Seller will promptly notity the Buyer if,at any time prior to the time of settlement.all or any portion of the Property is destroyed,or damaged 329 its a result of any cause whatsoever. 130 (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, 131 Buyer will: 132 1. Accept the Property in its then current condition together with the proceeds of any insurance recovery obtainable by Seller,OR 331 2. Terminate this Agreement by written notice to Seller,with all deposit monies rehtrned to Huyer according to the terms or paragraph 20 of 134 this Agreement. 335 23.CONDEMNATION(10-06) 136 Seller tins no knowledge of any current or pending condemnation or eminent domain proceedings that would affect the Property. If any portion 137 of the Property should be subject to condemnation or eminent domain proceedings after the signing of this Agreement, Seller shall immediately 138 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 Ieams of the tiling of such proceedings, with all deposit monies returned to Buyer accord- 340 ing 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 farms of this Agreement remain In full force and effect 142 24.WAIVER OF CONTINGENCIES(9-05) 143 If this Agreement is contingent on Buyer's right to inspect and/or repair the Property,or to verily environmental conditions, boundaries, 344 certifications, zoning classification or rise, or any other Information regarding the Property, Buyer's failure to exorcise any of Buyer's 145 options within the times set forth in this Agreement is s WAIVER of that contingency end Buyer accepts the Property and agrees to the 346 RELEAS9 In paragraph 25 of this Agreement. 347 25.RELEASE(9-05) )48 Buyer releases, quit claims and forever discharges SELLER, ALL BROKERS,their LICENSEES, EMPLOYEES and any OFFICER or 149 PARTNER of any one of them and any other PERSON,FIRM or CORPORATION who may be liable by or through them, from any and 150 sill claims, losses or demands, Including, but not limited to, personal Injury and property damage and all or the consequences thereof, 151 whether known or not,which may arise from the presence of termites or other woad-boring insects,radon,lead-based paint hazards,mold, 152 fungi or Indoor sir 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 condldons on the Property.Should Seller be In default under the terms of this Agreement, or in vio- t54 lotion of any seller dfscl ure law or regulation.this release does not deprive Buyer of tiny right to pursue any remedies that may be avail- 355 able under law or a oil This release will survive settlement. 156 Buyer initials. ASC Page 6 of 9 Seller snitinisr Revised 8/11 Board Secretary ' Board President r'rnduad w0 zlpFonn0 by zlpLag1x 10070 FIaNn tails Road,Fnpr,MkNgen 41109e WwwJlfa1 %;asset Yellow i3reeches- 157 26. REPRESENTATIONS(949) 158 (A) All representations,claims, udvcrtising,promotional activities,brochures or plans of any kind made by Seller, Brokers,their licensees,employ- 159 ecs,officers or partners ore riot it part of this Agreemont unless expressly incorporated or stated In this Alucement. This Agreement contains 160 ilia whole agreement between Seller and Buyer, and there are no other terms, ubligutlons.covenants,representations,statements or conditions, 161 oral or otherwise, of any kind whatsoever concerning this safe. This Agreement will not be altered,amended, changed or modified except in 162 writing executed by the parties, 163 (B) Unless otherwise stated In this Agreement, Buyer fins inspected the Property (including fixtures and any personal property speciflcal- 164 ly listed herein)before signing this Agreement or has waived the right to do so,9nd agrees to purchase the Property IN ITS PRESENT 165 CONDITiON. Buyer acknowledges that Brokers,their licensees, employees, officers or partners have not made an Independent ex:tin- 166 inntlon or determination of the ntructural soundness of the Property,the age or condition of the components, environmental conditions, fir? the permitted uses or of conditions existing in the locale where the Property Is situated-, nor have they rands a mechanical inspection 168 of any of the systems contained therein. 169 (C) Any repairs required by this Agreement will be completed in a workmanlike manner. 170 (D) Broker(s)have provided or may provide services to assist unrepresented parties in complying wide this Agreement» 171 27.C CERTIFICATION OF NON-FOREIGN INTI? EST(10-01) 172 ❑ Seller IS a foreign person, foreign corporation, foreign pannerrhip, foreign trust, or foreign estate subject to Section 1,145 of the Internal 173 Revenue Crude.which provides that n transferee(Buyer)of a U.S.real property interest must withhold tax if the transferor(Seller)is a foreign 174 person. 175 ® Seller is NOT a foreign person, foreign corporation, foreign partnership, foreign trust,or it foreign estate As defined by the Internal Revenue 176 Code,or is otherwise not subject to the tax withholding requirements of Section 1445 of the Internal flovenue Code.'fu inlurm Buyer that the 177 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- 178 ing,with the following: 179 ® An affidavit stating,under penalty of perjury,the sences U.S,taxpayer Idenlificallon number and that(110 Seller is not it foreign person. 180 ❑ A"qualiiying statement,"as defined by statute,that tax withholding Is not required by Buyer. 38l ❑ Other: 382 Seller understands that any Jocumentation provided under this provision may be disclosed ose tote internal Revenue Service by Buyer, and that any 183 false statements contained therein could result In punishment by fine,imprisonnten4 or both. 184 28.ARBITRATION OF DISPUTES(1-00)Buyer and Seller agree to arbitrate Any dispute between them that cannot be Amicably resolved.ARer writ- 385 ten demand for arbitration by either Buyer or Seller,each parry will select a competent and disinterested arbitrator.'rho two so selected will select 386 a third.If selection of the third arbitrator cannot be agreed upon within 30 days,either party may request that selection be made by a judge of n court 387 of record in the county in which arbitration Is pending.Each party will pay its chosen arbitrator,and bear equally expenses fur the third and all other 338 expenses of arbitration. Arbitration will be conducted in accordance with the provisions of Pennsylvania Common i.nw Arbitration 42 Pa. C.S.A. 189 §7341 et seq. 'This agreement to arbitrate disputes Arising from this Agreement will survive settlement. 390 29. BROKER INDEMNIFICATION(10-01) 191 Buyer and Seller represent that the only Brokers involved in this transaction are:NONX. All references to Broker shall mean 192 Buyer's attorney or Seller's attorney, where applicable. 393 194 and that the transaction has not been brought about through the efforts of anyone other than said Brokcrs. It is agreed that if tiny claims for broker- 195 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 197 Brokers from and against the non-performance of this Agreement by either party,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, 199 30.GOVERNING LAW,VENUE 8h:PERSONAL JURISDIC.'TION(9-05) too (A) The validity and construction of this Agreement, and the rights and duties of ilia parties,will be governed in accordance with the laws of the 101 Commonwealth of Pennsylvania. 102 (13) The parties agree that any dispute,controversy or claim arising under or In connection with this Agreement or its performance by either parry t03 shall be decided exclusively by and in the state or federal courts sitting in the Commonwealth of Pennsylvania. 104 31.NOTICE BEFORE SIGNING(5-01) 105 Buyer and Seller acknowledge that Brokers have advised them to consult and retain experts concerning the legal and tax cllecis of this Agreement 106 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 irnprovemerim 107 equipment,soil.tenancies,title and environmental Aspects. Return by facsimile transmission(PAX)of this Agreement,,and all addenda,hearing the 108 signatures of all parties,constitutes Acceptance of this Agreement 109 32.NOTICE 110 All notice requirements under the provisions of this Agreement or by application of statutory or common law will be addressed to the appropriate III party,at the addresses listed below via any means of dolivery as mutually agreed upon by the parties and stated here: U. S. Mail, email or 112 r000gniaed overnight courier 113 114 115 If to Seller.Big Spring school District _ 116 45 Mount Rock Road 117 Nottrville, PA 17241 tl8 119 Buyer Initials: ✓t ASC Page 7 of 9 Seller Initials: l Revised 8/11 Board Secretary Board President L{� PnxAiced with t4liame by 2lpLopbt 14070 Flown Mlb RorL Paw,MbHom 4901{ Ny*Vkd&gWLr= 'i dlow Ntceches- M With it copy to:David A. Jones, II, Esq. 121 Stook 6 Leader 122 3usquehanna Commerce Center gAst 123 121 W. J iladelph a Street, Suite 600 124 York, PA 17401-2994 125 If toBuyor: Mark stanako 126 Yellow Broaches Educational Center, Inc. 127 7 Springville Road 128 Carlisle, BA 17015 129 With acopy to:Robert C. Saidis, Esq. 130 Saldis, Sullivan S Ro ers 131 26 West High Street 132 Carlisle, PA 17013 133 33. SPECIAL CLAUSES* 134 (A) The following are pert of this Agreement If checked: 135 ❑ ❑ 136 ❑ ❑ 137 (B) SPECIAL JF ANY): 138 33(B) (1) Court Approval. This sale is subject to approval by the Court of Common Ploas of 139 Cumberland County, the cost of which is the responsibility of the Seller, and shall be 140 i.nstitutod upon resolution of the due diligence provided in paragraph 33(13) (2) . 141 142 33(13) (2) Due Diligence. Buyer shall .retain the services of Eastern PCM, LLC to conduct a 143 building condition inspection (Inspection), which shall include, but not be limited to site 1.14 conditions, building envelope, roof, siding, windows, mechhnical, electrical, plumbing and any 145 special systems, such an the well, fire alarm and related matters. 146 If the result of the inspection is unsatisfactory to Buyer, Buyar shall within thirty 147 (30) of the receipt of the Inspection: (a) Accept the Property; (b) Terminate this Agreement by 148 written notice to Seller with all deposit monies returned to Buyer; or (a) Present the 149 Inspection to Seller, with a written, corrective proposal (Proposal) listing the corrections 150 and/or credits doeired by Buyer. If in the event Buyer and Seller do not roach an agreement as 151 to the Proposal, then either Buyer or Seller may terminate this Agreement by written notice to 1'.)2 the other. 153 154 33(B) (3) Addendum. The attached Addendum is incorporated herein by reference. 155 156 33(B) (4) Seller rinancing. This Agreement is contingent upon Seller finanoing in the amount of 157 0468,012.00 (being items 1, 2 and 3 on the Addendum) . The Seller financing shall he asaured by 158 a Note and Mortgage in customary form and substance agreeable to the attornoya for :Teller and 159 Buyer. 160 161 162 163 164 165 166 167 168 169 1.70 171 172 173 1,14 175 176 177 178 119 180 181 182 Buyer Initials :CSC Page S of9 Seller Initiasl Revised 8/11 Board Secretary Board President -5—W rrm>t,oedwYn,ipromebY=ipt.nour1807 0rInNnr4:•now,Frmw.MICdOsn4eo2e wwa1Wd.UgtLam Yellow ilrt0ches- 183 184 185 186 187 188 1.89 ❑ Buyer has received the Consumer Notice as adopted by the State Real Estate Commhsion at 49 Pa.Code.435,336. 490 ❑ Buyer has received a statement of Buyer's estimated closing costs before signing this Agreement. 191 ❑ Buyer has read and understands fire notices and explanatory Information In this Agreement, 192 ❑ Buyer tins received the Deposit Money Notice (for cooperative .sales when Broker for Seller Iv holding deposit money) before 193 signing this Agreement. 194 195 Ruyer acknowledges rec ving a copy of this Agreement at the time of signing. 196 J ` 197 WITNESS/ATTEST --`--s=�J�!l BUYER .1�' tJ� I)A'1'F 1 198 Buyers)Name t99 Mailing Address 1 i00 Phone FAX E-Mail 501 502 WITNESS/ATTEST BUYER DATE 503 Buyer(s)Name 504 Mailing Address 505 Phone FAX 13-Mail 506 507 WITNESS/A'rTEST BUYER DATE '08 Buyer(s)Name ?09 Mailing Address 510 Phone FAX E-Mail 511 512 ❑ Seller has received the Consumer Notice as adopted by the State Real Estate Coin mission at 49 Ps.Code§33.336. 513 ❑ Seller has received a statement of Seller's estimated closing costs before signing thIs Agreement. 514 ❑ Seiler has read and understands the notices and explanatory information in this Agreement. 515 516 VOLUNTARY TRANSFER OF CORPORATE ASSETS (if applicable):The undersigned owledgcs that he/she is authorized by the 517 Board of Directors to sign this Agreement on behalf of the Seller corporation and that this a es"It consu a sale,lease.or cxchnngc of 518 all or substantially ail the property and assets of the corporation.such u would require the nuthu. to r wnsen f shareholden putsuenl to 15 N.S.§1311. 519 520 WITNESS/ATTEST SELLER DA't'F 521 SELLER(9 AME ri — Siipprj tendent 522 Mailing Address 523 Phone FAX Ei-Mall 524 595 WITNESS/ATTEST SELLER DATE 526 SELLER(S)NAME____Board Secretary j 527 Mailing Address 528 Phone FAX E-mail 529 iJ0 WITNESS/ATTEST SELLS DATE 531 ti ELLER(S)NAME Board P ident 532 Mailing Address 533 Phone FAX E-Mail i34 533 536 537 538 539 540 541 542 543 544 545 ASC Page 9 of 9 Revised 8/11 oduo.Duns,:�F.mreye>aloes, ,eoronrt..nnna.ao.d,rr..w,►nonts.n,ems YcllowBreeches- COMMUNICATIONS WITH BUYER AND/OR SELLER Wherever this Agreement contains a provision that requires or nllows communicationldellvery to a Buyer, that provision shall be sutlsiicd by communicallon/dclivery to ilia Broker for Buyer, if,my. 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 to a Seller, that provision shall be satisfied by conamunicatlon/dellvery to the Broker for Seiler, if,my. If there is no Broker for Seller, those provisions may be satisfied only by communication/dclivery being made directly to ilia Seller,unless otherwise agreed to by the parties. INFORMATION REGARDING REAL ESTATE TAXES Real Estate Tax Prorallorn For purposes of prorating real estate taxes,the."periods covered"by the tax bills are its follows: .muuicipai Taxes: For all counties and municipalities in Pennsylvania,tax bills are for dte,poriod January I to December 31. School Tuxes: For all school districts, other than the Phlladelphla,.Plttsburgh.and Soranton school districts,the period covered by the tax bill Is July I to June 30.for the Philadelphia,Pittsburgh and Scranton school districts,tax bills arc for the period January I to December 31. Real Estate Assessment Noticat In Pennsylvania,taxing tutthoritics.,(school districts and municipalities)and property owners may appeal the assessed value of a property at ilia time of sale. or at any time thereatter. A successibl appeal by a taxing authority may result in a higher ;assessed value for the property and an increase in property tuxes. Also, periodic county-wide property reassessments may chnnge the assessed value of the property and result in a change In property tax. EXPERTISE OF REAL ESTATE AGENTS Pennsylvania Real Estate Agents am requircd,.to be;;Ilccnsed by the Commonwealth of Pennsylvania and are obligated to disclose adverse factors about a property that are reasonably_apparent to someone with expertise in the marketing of real property. (A) If Buyer wants information:rrgardi*ng'speejflc,,conditions or components of the property which are outside the Agent's expertise, the advice of the appropriate profcssi6hal should.M salght. (B) If Buyer wants tlnancinl, Irl;al,'or';Any other advice, Buyer Is encouraged to seek the services of an accountant, lawyer, or other .appropriate professional. i. NOTICE REGARDING CONVICTED SEX OFFENDERS(MEGAN'S LAW) The Pennsylvania t7enera1 Assembly has passed legislation(often referred to as "Megan's Low." 42 Pa.C.S. § 9791 ct seq.) providing for community notification of the presence of certain convicted sex offenders. Boyers 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.pamelianslawatate.pa.us. I Notices Page I of i Mmducadvlaaz1pFom,eby7ayA& temoaate.nante Road fro«.tircup.nnrnals '&yt&ZUj,,.,e,o.,,,. Yellow Breeches i SEWAGE NOTICES NOTICES PURSUANT1"I'0 TI1E PENNSYLVANIA SEWAGE FACILITIES ACTT NOTICE l: 'rHERE IS NO CURRENTLY EXIS'T'ING COMMUNITY SEWAGE SYSTEM AVAILABLE FOR TIa SUBJECT PROPERTY. 5cction 7 of the Pennsylvania Sewage I'acilities Act provides that no person shall install, construct. request hid proposals Ibr construction,alter,repair or occupy tiny building or Antcture 11or which an individual sewage system is to he installed, ,vithout first obtaining a permit. Buyer is advised by this notice that, before signing this Agreement, Buyer should contact the local agency charged with administering the Act to drtennine tho procedure and requirements for obtaining it permit for do individual scwuge system. Ilse local agency charged with administering tho Act will be the municipality where the Property is located or that municipality working cooporatively with others, NOTICE 2: TIIIS PROPERTY IS SERVICED BY AN INDIVIDUAL SEWAGE SYSTEM INSTALLED UNDER TITE TEN-ACRE PERMIT EXEMPTION PROVISIONS OF SECTION: 7 OF THE PENNSYLVANIA SEWAGE FACILITIES ACr. (section 7 provides that a permit may not be required bcforo installing, constructing, awarding a contract for construction, altering, repairing or connecting to an individual sewage system where a ten-acre parcel or lot Is subdivided from a patent tract after .lanuary 10, 1987.) Buyer is advised that soils and site testing wore not conducted and that, should the system malfbnction, the owner of the Property or properties serviced by the system at the time of a maltbnction ntny be hold liable for tiny contamination,pollution,public health hazard or nuisance which occurs as a result. NOTICE 3: THIS PROPERTY IS SERVICED BY A HOLDING TANK (PERMANENT OR TEMPORARY) TO WHICH I SEWAGE IS CONVEYED' .BY' A. WATER "CARRYING SYSTEM AND WHICH IS DESIGNED AND CONSTRUCTED TO FACILITAT9`'.ULTIMATE DISPOSAL OF THE SEWAGE AT ANOTHER SITE. Pursuant to the Pcnnsylvanid,Sewago Facilities Act, Seller must provide a history of the annual cost of maintnining tho tank from the date of its;inatallatioh or Deccol6or 14, 1995,whichever is later. NOTICE 4t AN INDIVIDUAL SEWAGE SYSTEM HAS BEEN INSTALLED AT AN ISOLATION DISTANCE FROM A WELL THAT IS' LESS THA14 THE DISTANCE SPECIFIED BY REGULATION. The regulations at 25 Pa. Code §73.13 pertalning to minimum horizontal isolation distances provide guidance. Subsection (b) of §73.13 Antes that the minimum horizontal isolation distance between an individual water supply or water supply system suction line and treatment tanks shall be SO feet. Subsection(c)of§73.13 states that the hurizontal isolation distance between the individual .eater supply or water supply system suction line and the perimeter of the absorption area shall be 100 feet. NOTICE S: THIS LOT IS WITHIN AN AREA IN WHICH PERMIT LIMITATIONS ARE IN EFFECT AND IS SUBJECT TO 'CHOSE LIMITATIONS.SEWAGE FACILITIES ARE NOT AVAILABLE FOR TTIIS LOT AND CONSTRUCTION OF A STRUCTURE'r0 BE SERVED BY SEWAGE FACILrlfIES MAY NOT BEGIN UNTIL THE MUNICIPALITY COMPLETES A MAJOR PLANNING REQUIREMENT PURSUANT TO 'TILE PENNSYLVANIA SEWAGE FACILITIES AL'T AND REGULA'T'IONS PROMULGATED THEREUNDER. NOTICE 6: A REQUIRED REVISION FOR NEW LAND DEVELOPMENT, OR AN EXCEPTION TO THE REQUIREMENT 'I'O 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 IIN,rn, SEWAGE FACILITIES PLANNING HAS BEEN APPROVED PURSUANT 'rO THE PENNSYLVANIA SEWAGE FACILITIES ACT AND REGULATIONS PROMULGATED THEREUNDER t Notices Palle 2 of 2 I r'�aVOW wYh ilpfa,mA Cry xtPLWLt 16070 Fftsn Mlle Roar,rmay.Mluhloan,%Ovra eerm rloLrnat mn, Fellow Breeches- .. 4 Yellow Breeches Educational Center, Inc. is offering the following items 1-4 below in exchange for the purchase of the Plainfield property. Itoin Proposed.Dollar Proposed number 2 special education tuition slots per school year for 7 1 years $363,975 (includes projected 2%increase annually) I I 2 ! Adventure education on site per school year for 4 years I $100,000 f 3 SCM Training for Big Spring staff 4 times per year for $4,037 1year 1 4 Cash Down Payment $131,988 i I I I I I I 1 1 s, 1 E Total $000,000 ; Special Education Tuition Slots,Adventure Education and SCM Training shall commence with school year 2013=2014. In the event these services are not used by the Seller within a given school year,the Buyer's obligation to provide these services shall not be carried forward to subsequent school years. Addendum FXH/g/T �c,. Big Spring School Board Meeting Minutes Monday, May 20, 2013 XII. NEW BUSINESS (Continued) (ACTION ITEM) P. Sale of Plainfield and Frankford Elementary Schools The District has been in negotiations with the tenant of Plainfield and Frankford Elementary regarding the potential sale of these two facilities. Yellow Breeches Educational Center Inc. has provided an offer to purchase both buildings and our solicitor has formulated an Agreement of Sale based on these discussions. The Administration requested that the Board of School Directors authorize the Board President and Secretary to execute the Agreement of Sale for Plainfield and Frankford Elementary Schools. Motion by Barrick, seconded by Norris to approve the recommendation as outlined above. In response to a suggestion from Director McCrea, Mr. Fry indicated that he would fix the incorrect dates in both agreements. In addition, Mr. McCrea suggested the removal of the "time is of the essence" clause. Mr. Fry indicated that he would address this issue with the District Solicitor and report the findings to the Board. Roll call vote on the motion by Barrick and second by Norris to approve the recommendation as outlined above: Voting Yes: McCrea, Norris, Piper, Gutshall, Barrick, Swanson, and Wolf. Motion carried unanimously. Q. ELECTION OF BOARD SECRETARY (4 year appointment) School Boards must appoint a board secretary in May of this year to serve a four-year term beginning July 1, 2013, pursuant to section 404 of the School Code. In code, the secretary position must be appointed every four (4) years beginning in May, 1953. Motion by McCrea to nominate Robert Barrick as Board Secretary Motion by McCrea, seconded by Norris to close nominations. Roll call vote: Voting Yes: McCrea, Norris, Piper, Gutshall, Barrick, Swanson, and Wolf. Motion carried unanimously. Roll call vote on the motion by McCrea to elect Robert Barrick as Secretary: Voting Yes: McCrea, Norris, Piper, Gutshall, Barrick, Swanson, and Wolf. Motion carried unanimously. The Board Secretary will begin his duties July 1, 2013, and run through.July 1, 2017. 311 �N�B/T ��„ SECOND ENDORSEMENT TO AGREEMENT OF SALE PROPERTY 7_S2ri gyille Road (Plainfield School) Carlisle, PA 17015 SELLER Big Spring School District BUYER Yellow Breeches Education Center, Inc. DATE OF AGREEMENT Member , 2013 1. Paragraph 3.(D) of the Agreement for the Sale of Commercial Real Estate is I amended to provide as follows: (D) Settlement to be on December 31, 2013,or before if Buyer and Seller agree 2. Paragraph 33.(B)(2)providing for a due diligence period for the Buyer is hereby j removed in its entirety. 1 All other terms and conditions of the Agreement of Sale remain unchanged and in full force and effect. I WITNESS Ca 19,-2, BUYER DATE 01140 Yellow Breeches Education Center,Inc. WITNESS SELLER DATE i Big Spring School District-Superintendent 'r WITNESS SELLER DATE ' Big Spring School District—Board Secretary ' WITNESS SELLER DATE i j Big Spring School District—Board President SECOND ENDORSEMENT TO AGREEMENT OF SALE PROPERTY 7 Springville Road(Plainfield School) Carlisle, PA 17015 SELLER Big Spring School District I BUYER Yellow Breeches Education Center, Inc. I DATE OF AGREEMENT September , 2013 { 1. Paragraph 3.(D) of the Agreement for the Sale of Commercial Real Estate is f amended to provide as follows: l (D) Settlement to be on December 31, 2013, or before if Buyer and Seller agree t 2. Paragraph 33.(B)(2) providing for a due diligence period for the Buyer is hereby j removed in its entirety. i All other terms and conditions of the Agreement of Sale remain unchanged and in full force and effect. WITNESS BUYER DATE Yellow Br es cation Center,In WITNESS SELLER DATE I t g Spring Scho riot-Superintendent WITNESS SELLER DATE Big Spring School District—Board Secretary WITNESS SELLER �liL ✓ DATE i Big Spring School D� tri —goard President �_' EXH/B/T �E>, Big Spring School Board Meeting Minutes ~ Monday, September 16, 2013 XI. NEW BUSINESS (. . . .continued) The administration recommends the Board of School Directors accept the final version of the Big Spring Open Space and Public Safety Master Plan from Simone Collins and acknowledge receipt of the plan in preparation for final close out of the DCED grant. Motion by Barrick, seconded by Blasco to approve the recommendation as outlined above. Roll call vote: Voting Yes: Wolf, McCrea, Piper, Barrick, Gutshall, Norris, Swanson and Blasco. Motion carried unanimously. 8—0 Mr. Blasco asked if there is any part of this that binds us. Mr. Fry stated no. (ACTION ITEM) H) Agreement of Sale for Plainfield and Frankford Elementary Schools On May 20, 2013 the Big Spring Board of School Directors authorized the Board President and Secretary to execute an Agreement of Sale for Plainfield and Frankford Elementary Schools. Within the agreement there was a period for due diligence that allowed the prospective buyer to review building infrastructure. Based on this due diligence clause an amended agreement has been developed and reviewed by our solicitor. The administration requests the Board of School Directors approve the amended Agreement of Sale for Plainfield and Frankford Elementary Schools and authorize the Board President and Secretary to execute the amended Agreement of Sale. Board Member McCrea informed the Board of eight reasons justifying concern over the sale of Frankford and Plainfield. Board Member Blasco asked if the slots we got were in additions to the $220,000. Mr. Fry replied no. Motion by Blasco, seconded by Norris to approve the recommendation as outlined above. Roll call vote: Voting Yes: Wolf, Piper, Barrick, Gutshall, Norris, Swanson and Blasco. Voting No: McCrea. Motion carried. 7 - 1 1) Faciities Utilization Request (ACTION ITEM) Newville Wrestling Association is requesting permission to utilize the high school commons and concession area for a 2013-2014 season kick-off dinner on Sunday, November 17, 2013 from 2:00 p.m. —7:00 p.m. 9 �� y/�g �T � ,� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: SALE OF REAL PROPERTY OWNED NO. BY BIG SPRING SCHOOL DISTRICT SITUATE IN WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA AFFIDAVIT I, Steven W. Barrett, SRPA, SRA, ASA, Pennsylvania Certified General Real Estate Appraiser, hereby swear and affirm as follows: 1. I am a Pennsylvania Certified General Real Estate Appraiser, Certificate No. GA- 000298-L and have practiced as a licensed real estate appraiser in and around Cumberland County since 1974. 2. I am familiar with real estate values in West Pennsboro Township in which the property to be sold by Big Spring School District is located. 3. 1 performed a summary appraisal on the subject property, as of June 1, 2012 for the Big Spring School District, which appraisal provided a range of value, using the sales comparison approach, between $594,000 and $702,000, with an opinion of value of$600,000 as of June 1,2012, 4. Upon review of my appraisal, and taking into account the current market conditions, it is my opinion that the sales price of Six Hundred Thousand and 00/100 01 10410- ($600,000.00) Dollars agreed to for this property is fair and reasonable. In forming this opinion, I have also considered the following: a. The appraisal valuing the subject property in June of 2012 at Six Hundred Thousand and 00/100 ($600,000.00)Dollars. b. A review of the current market conditions and declining trends in the local real estate market for similar properties. C. There are items of deferred maintenance at the subject property that the District has not been asked to perform, including removal of asbestos flooring, repair of the HVAC system, repair of the fire alarm and security system and window/door repair or replacement. d. As a privately-negotiated deal without real estate brokers/agents, the school district will save a real estate commission. Commercial real estate commissions are negotiated between five (5%) percent and ten (10 0/0) percent of the purchase price, with the typical commission being six (6%) percent in Central Pennsylvania. Accordingly, the District will realize a savings of$36,000.00 in the proposed transaction. 5. In view of the appraisal, the current market conditions, the substantial costs of deferred maintenance being avoided, and the avoidance of a real estate commission being paid, 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. 0110410. 6. 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. /3 ,) /7-- Date Steve W. Barrett, Pennsylvania Certified General Real Estate Appraiser PA Certificate No.: 000298-2 011041a- �� EXN/g/T �G„ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: SALE OF REAL PROPERTY OWNED NO. BY BIG SPRING SCHOOL DISTRICT SITUATE IN WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA AFFIDAVIT I, William L. Shearer, Jr., CCIM, CRS, of Prudential Homesale Services Group, Pennsylvania Certified General Real Estate Appraiser, hereby swear and affirm as follows: 1. I am a Pennsylvania Real Estate Broker, Broker No. RM-045513-A and a Pennsylvania Broker/Appraiser AB066886 and have practiced as a licensed real estate broker in and around Cumberland County since 19Pand as an appraiser since 19A. 2. 1 am familiar with real estate values in West Pennsboro Township in which the property to be sold by Big Spring School District is located. 3. I reviewed a summary appraisal on the subject property prepared by Steven W. Barrett, SRPA, SRA, ASA, as of June 1, 2012, for the Big Spring School District,which appraisal provided a range of values,using the sales comparison approach,between$594,000 and$702,000, with an opinion of value of$600,000 as of June 1, 2012. 4. Upon review of said appraisal,and taking into account the current market conditions, it is my opinion that the sales price of Six Hundred Thousand and 00/100 ($600,000.00) Dollars 0117807- -I- agreed to for this property is fair and reasonable. In forming this opinion,I have also considered the following: a. The appraisal valued the subject property in June of 2012 at Six Hundred Thousand and 00/100 ($600,000.00)Dollars. b. A review of the current market conditions and declining trends in the local real estate market for similar properties. C. There are items of deferred maintenance at the subject property that the District has not been asked to perform, including removal of asbestos flooring, repair of the HVAC system, repair of the fire alarm and security system and window/door repair or replacement. d. As a privately-negotiated deal without real estate brokers/agents,the school district will save a real estate commission. Commercial real estate commissions are negotiated between Five(5%)percent and Ten(10%)of the purchase price, with the typical commission being Six (6%) percent in Central Pennsylvania. Accordingly, the District will realize a savings of $36,000 in the proposed transaction. 5. In view of the appraisal, the current market conditions, the substantial costs of deferred maintenance being avoided,and the avoidance of a real estate commission being paid,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. 0117807- -2- 6. 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 o the enal es of 18 Pa.C.S.A. §4904,relating to unsworn falsification to authorities. Date i r Shearer, ., CIM, CRS Real Estate B oker/Ap ' al No. AB066886 eal Estate B oke o. RM- 513-A 0117807- -3- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: • SALE OF REAL PROPERTY OWNED NO. BY BIG SPRING SCHOOL • DISTRICT SITUATE IN WEST PENNSBORO 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 2013, upon consideration of the Petition of Big Spring 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 624 tit., day of 201 , at /:30 a .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: ��. j. • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: SALE OF REAL PROPERTY OWNED BY BIG SPRING SCHOOL DISTRICT SITUATE IN WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA NO. 13- 7299 -CIVIL ORDER APPROVING THE PRIVATE SALE OF CERTAIN REAL PROPERTY OWNED BY THE BIG SPRING SCHOOL DISTRICT AND NOW, this )(irk-day of MQ%'1 , 2014, upon consideration of the Petition of Big Spring School District and after a hearing upon the same, it is hereby ORDERED AND DECREED that approval for the private sale of the former Plainfield Elementary School by Big Spring School District to Yellow Breeches Education Center, Inc. pursuant to the terms and conditions of the Agreement of Sale, as amended, is hereby GRANTED. ajteccied 0(44,46 i1-e p orL laCo .)01,- .PetAl q-4t tiAL-ez 9-71241_0;ct.1, ►',M` , �E.S' ' t 3 2rily 011041• /_'J^(' BY THE COURT: Jf�vy�� II, THOW 2°14 SAY 13 PH 1 CLJt1BERL4ND Co u, A"- IN THE COURT OF COMMON PLEAS OF CUMBERLAND,COUNTY, PENNSYLVANIA IN RE: SALE OF REAL PROPERTY OWNED BY BIG SPRING SCHOOL DISTRICT SITUATE IN WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA NO. 13 7299 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 Big Spring School District does hereby certify that on May 7, 2014, the Big Spring 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 March 24, 2014. The Deed, dated May 5, 2014, evidencing such sale, is recorded in the Office of the Recorder of Deeds in and for Cumberland County at Instrument No. 201409500 and a copy of such Deed is attached hereto and is incorporated herein by reference. Date: 0156143- Respectfully submitted, STOC By: AND LEADER Da id A. Jones, II, Esquire Supreme Court .D. #82153 Susquehanna Commerce Center East 221 West Philadelphia Street, Suite E600 York, PA 17401-2994 Telephone: (717) 846-9800 Fax: (717) 843-6134 Inst. # 201409500 - Page 1 of 5 UPI: 46-07-0475-031 7 Springview Road, West Pennshoro THIS DEED made the CERTIFIED PROPERTY IDENTIFICATION NUMBERS 46-07-0475-031 - WEST PENNSBORO CCGIS REGISTRY 05/08/2014 BY DC DEED day of M , 2014. BETWEEN BIG SPRING SCHOOL DISTRICT, a body corporate, organized and existing under the Pennsylvania School Code, as amended, with its offices at 45 Mount Rock Road, Newville, Cumberland County, Pennsylvania, AND GRANTOR YELLOW BREECHES EIDUCATIONAL CENTER, INC., a Pennsylvania non-profit corporation with offices located 7 Springville Road, Carlisle, Cumberland County, Pennsylvania 17015, GRANTEE WITNESSETH, that in consideration of SIX HUNDRED THOUSAND AND 00/100 ($600,000.00) 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 located in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the center of the intersection of the public road leading from Plainfield to Greason and the intersection of the road leading from that road to Mt. Rock, known as the Mt. Rock Road; thence by said Plainfield-Greason Road, South 3 degrees 48 minutes East 350 feet to a point; thence by the same, South 10 degrees 24 minutes East 250 feet to a point; thence by other lands now or formerly of Lacy M. Hoffman, South 79 degrees 36 minutes West 779.41 feet to a point at line of lands now or formerly of J. Wilson Stine; thence along said lands North.10 degrees West 469.05 feet to a point in the Mt. Rock Road; thence by said road, North 60 degrees 36 minutes East 231.36 feet 0149610- Inst. # 201409500 - Page 2 of 5 to a point; thence by the same, north 74 degrees 30 minutes east 600 feet to the place of beginning. Containing 10 acres. IT BEING the same premises which The Central Cumberland County Joint School District Authority by Deed dated September 21, 1981 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennylvania in Deed Book 29-0, page 306, granted and conveyed to Big Spring School District, the Grantor herein; HAVING constructed thereon the former Plainfield Elementary School Building. 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 Big Spring School District at Cumberland County Docket No. 13 -7299 -Civil and approved by Order of Court, dated March 24, 2014, a copy of which Order is attached hereto and is incorporated herein by reference. 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: Secretary 0149010 - BIG SPRING SCHOOL DISTRICT Ry. ,C�Gt.a- President, Board of School Directors (SEAL) Inst. # 201909500 - Page 3 of 5 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF YORK On this, the 5 day of , 2014, before me, a Notary Public in apd for the Comrno wealth of Pennsy vania, the undersigned officer, personally appeared LA) who acknowledged himself/herself to be the caZI:?..kyo of Big Spring School District, a body corporate, and that he/she as such officer, executed the foregoing instrument for the purposes therein contained by signing his/her name as such officer. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal, 1 HEREBY CERTIFY that the precise residence and complete post office address of the within named Grantee is: '7 •Sptville-Road, Carlisle. Pennsylvania 17015 View 0149610. , 2014 Inst. # 201409500 - Page 4 of 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: SALE OF REAL PROPERTY OWNED BY BIG SPRING SCHOOL DISTRICT SITUATE IN WEST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA NO. 137299 -CIVIL ORDER APPROVING THE PRIVATE SALE OF CERTAIN REAL PROPERTY OWNED BY THE BIG SPRING SCHOOL DISTRICT AND NOW, this „.. f day of %'` tt fi , 2014, upon consideration of the Petition of Big Spring School District and after a hearing upon the same, it is hereby ORDERED AND DECREED that approval for the private sale of the former Plainfield Elementary School by Big Spring School District to Yellow Breeches Education Center, Inc. pursuant to the terms and conditions of the Agreement of Sale, as amended, is hereby GRANTED. -4 / // �?,a� .t;-�'�' CA5BY THE COURT: ;,/v /:1 e, ate-e:;:&c44 0110410 - JJ'' TT Z"t: ..:-' a'10. ;;a ,',<I''.. .!N . ". --.Z. (::) Inst. # 201409500 - Page 5 of 5 TAMMY SHEARER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201409500 Recorded On 5/8/2014 At 10:16:53 AM * Instrument Type - DEED Invoice Number - 160676 User ID - KW * Grantor - BIG SPRING SCHOOL DISTRICT * Grantee - YELLOW BREECHES EDUCATIONAL CENTER INC * Customer - SIMPLIFILE LC E -RECORDING * FEES * Total Pages - 5 STATE TRANSFER TAX STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES — RECORDER OF DEEDS PARCEL CERTIFICATION FEES AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE BIG SPRING SCHOOL DISTRICT WEST PENNSBORO TOWNSHIP TOTAL PAID $6,000.00 $0.50 $23.50 $11.50 $15.00 $11.50 $2.00 $3.00 $3,000.00 $3,000.00 $12,067.00 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland Coun A RECORDER OF DEEDS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page.