CITY & BOROUGH OF WRANGELL
ONLINE LAND SALES - TERMS AND CONDITIONS
GUARANTEE WAIVER:
ALL PROPERTIES ARE SOLD AS IS, WHERE IS, City & Borough of Wrangell makes NO warranty, Guarantees or Representation of any kind, Expressed or Implied. See below for detailed Disclaimer.
DESCRIPTION WARRANTY:
NO warranties or representation are made as to property conditions, including, but not limited to availability of water, utilities, irrigation, sewers, access, ingress, street or road maintenance, zoning, applicability of a subdivision plat, suitability for building, flood plain status or any other physical characteristic relating to the property. Bidders are responsible for making these determinations. See below for detailed Disclaimer.
CONSIDERATION OF BID:
City & Borough of Wrangell reserves the right to reject any and all bids and to withdraw the auction property from the properties listed.
NOTICE OF AWARD:
Successful bidders will receive a Notice of Award by email from PublicSurplus.com
PAYMENT:
Pre-Bid Deposit: PayMac, a third-party payment processing company, receives pre-bid deposits for City & Borough of Wrangell.
Post Payment: Purchase Agreement must be signed within three days of auction closing. Down payment of 20% of the winning bid amount must be paid by cash, cashier's check within three (3) days to the City & Borough of Wrangell at 205 Brueger Street (PO Box 531) Wrangell, AK 99929 or by Wire Transfer. Payment in full for an awarded bid (less down payment) must be received, in the form of cash, or cashier's check, within sixty (60) days after the Notice of Award of the successful bid, to the City & Borough of Wrangell at 205 Brueger Street (PO Box 531) Wrangell, AK 99929 or by Wire Transfer. If payment is not timely received, the City & Borough of Wrangell may cancel the sale and accept the next highest bid or put the property up for auction. Successful bidders failing to make timely payment will forfeit their pre-bid deposit.
Pre-Bid Deposit payment may only be made online by wire transfer or credit cards. NO CASH, CHECKS, OR MONEY ORDERS WILL BE ACCEPTED.
DEVELOPMENT PERMITS REQUIRED:
Successful purchaser will be required to obtain any necessary federal/state permits for development of the land. These permits could include but are not limited to Corps of Engineers wetland fill, a State water quality consistency determination, Borough building permit or other land use permits.
QUIT CLAIM DEED:
Upon receipt of final payment after the sale, the City & Borough of Wrangell will execute and record within 7 days, a quit claim deed conveying the title to the purchased property (existing easements remain). For purpose of recordation of the deed, deeds will be issued in the name(s) of the successful bidder.
BUYER'S PREMIUM:
A Buyer's Premium of 5% will be added to the final sale price with a $1 minimum charge per auction for payment collections. This premium if applicable will be visible during the bidding process and added to the total bid.
DEFAULT:
Default shall include (1) failure to observe these terms and conditions; (2) failure to make good and timely payment. Default may result in termination of the bid contract and suspension from participation in all future sales until the default has been cured. If payment is not timely received, the City & Borough of Wrangell may cancel the sale and accept the next highest bid or put the property up for auction. Successful bidders failing to make timely payment will forfeit their pre-bid deposit.
ACCEPTANCE OF TERMS AND CONDITIONS:
By submitting a bid, the bidder agrees that the bidder has read, fully understood and accepted these Terms and Conditions of Online Sales, and agrees to pay for the property, if the bid is accepted, by the dates and times specified.
DISCLAIMER:
The following language, or similar language, will be included in the Purchase and Sale Agreement:
Absence of Seller's Warranties and Representations. The Property is being sold "AS IS - WHERE IS" without warranties and representations of any kind whatsoever, express, or implied, including, without limitation, social, economic, condition, title, and environmental aspects of the real property including soil condition, water drainage, or natural or artificial hazards. Potentially hazardous materials have been identified in the Wrangell Capital Facilities Building that may be affected by future activities. Those materials include, but are not limited to, asbestos, lead, polychlorinated bi-phenyls (PCBs), mercury, and radioactive materials as noted in the attached Hazardous Materials Assessment.
The Buyer acknowledges for Buyer and Buyer's successors, heirs and assignees:
That the Buyer must make a thorough and careful inspection and investigation of the Property and all matters relating thereto, either independently or through agents and experts of Buyer's choosing; and,
That the Buyer assumes the risk that all or part of the real property may be inadequate, inappropriate, or unusable for the purposes intended by the buyer.
That the Buyer is acquiring the Property based upon the Buyer's own inspection and investigation thereof; and,
That notwithstanding any other provision, the provisions of this Section shall survive the conveyance of title to the Property and shall be merged therein; and,
The Property is being sold "AS IS, WHERE IS, WITH ALL FAULTS" with no right of set-off or reduction in the Purchase Price, that such sale shall be without representation of warranty of any kind, express or implied, including, without limitation, warranty of title, income, environmental, potential expenses or uses, merchantability or fitness for a particular purpose, and the Seller does hereby disclaim and renounce any such other representation or warranty; and,
The Buyer specifically acknowledges that the Buyer has not relied on any representations or warranties of any kind whatsoever, express or implied, from the Seller or the Seller's agents or brokers as to any matter concerning the Property, including, without limitation:
The condition or safety of the Property, including the presence of potentially hazardous materials or the suitability of the Property for a particular purpose;
Whether the Property is in compliance with any applicable city, municipal, state, or federal statutes, codes and ordinances. The Buyer further acknowledges and agrees that it is relying solely upon its own inspections of the Property and not upon any representations made to it by the Seller, its officers, directors, contractors, managers, agents, or employees, nor any other person whomsoever purporting to be acting on the Seller's behalf or at the Seller's request.
The Buyer specifically acknowledges that any reports, repairs or other work required by the Buyer are to be the sole responsibility of the Buyer and the Buyer agrees that there is no obligation on the part of the Seller to make any changes, alternations, repairs, or transportation of the Property to any other location.
The Buyer specifically acknowledges that the Buyer has completed its due diligence with respect to the Property, and that the Buyer is satisfied with the outcome of its due diligence.
The Buyer specifically acknowledges that the Buyer is solely responsible for obtaining any approval, permit, or utility service necessary for development, alteration, transfer, or any other use of the Property, all at the Buyer's sole cost and expense.