Official Bid Form For Leftover Parcels (Page 3 of 4) in pdf

16. TIME OF THE ESSENCE – Time is of the essence as to closing. Closing within 30 days or by date set by

Resolution of Orange County Legislature.

17. POSSESSION – Bidder/Purchaser shall be given possession of the property at closing (transfer of title),

unless otherwise agreed to in writing signed by the parties and subject to any occupancy of a tenant.

18. REPAIR OF DAMAGE PRIOR TO CLOSING – In the event Bidder/Purchaser has neither possession nor

legal title to the property and any improvement is damaged by any cause or act of God prior to closing, Seller

may within 30 days and by written notice to Bidder/Purchaser, elect to repair such damage. Seller shall then

have a reasonable time to collect any insurance proceeds and cause such damage to be repaired in a good

and workmanlike manner at the Seller’s expense. The closing shall be extended for completion of such

repairs at the Seller’s option. Otherwise, Risk of Loss prior to closing shall be as set forth under NEW YORK

STATE GENERAL OBLIGATIONS LAW, SECTION 5-1311 or other applicable law shall apply to this contract

as though set forth herein.

19. NOTICES – Any notice contemplated by this agreement is deemed given on date or notification by the Seller,

if in writing and delivered by any party to the other (Buyer/Purchaser or County) by any of (1) or (2) or (3), (a)

through (c):

(1) in the same manner as a summons in a civil action or in the Supreme Court of the State of New York; or

(2) by certified mail, return receipt requested; or

(3) by delivery to the party’s authorized agent or attorney either:

(a) in the same manner papers are served on an attorney in a civil action, or

(b) by certified mail, return receipt requested, or

party at the address shown at the end of this agreement; however, notice is deemed given when

made by the Seller.

(4) The person who signs this agreement for any party, Bidder/Purchaser or Seller, is the person to whom

notices will be given for such party.

(5) All notices should also be sent to Office of Real Property Tax Service, 1887 Building,124 Main Street,

Goshen, NY 10924.

20. ENTIRE AGREEMENT – This contract constitutes the entire agreement between Seller and

Bidder/Purchaser, and neither is relying on any statements, promises, representations, inducements,

agreements or warranties expressed or implied, oral or written, that are not set forth herein; except that each

undersigned warrants having the authority and capacity to sign as and/or for Seller and Bidder/Purchaser,

respectively.

21. CHANGES TO CONTRACT MUST BE SIGNED AND IN WRITING – Any changes to this contract are not

effective unless in writing and signed by Seller and Bidder/Purchaser or their duly authorized agents.

However, any change in the obligation of the Bidder/Purchaser or any terms affecting the Seller shall not be

effective without the written consent of the Seller.

22. BINDING DOCUMENT UPON PARTIES, ETC. – This agreement is binding upon and shall inure to the

benefit of the Seller and Bidder/Purchaser, and their respective heirs, legal representatives, successors,

executors, assigns or distributees.

23. SELLER’S TITLE

- At closing Seller shall transfer title to the property to the Bidder/Purchaser; subject to

easements, rights of way, restrictions, rights, privileges, zoning, environmental protection, sub-division laws,

or any other laws and regulations that may affect the use and maintenance of the property, and to such state

of facts as an accurate survey and personal inspection of the premises shall disclose or other conditions of

title as may then exist. Bidder/Purchaser further agrees to accept all Terms of Sale.

24. PROPERTIES ARE SOLD AS OFFERS OR BIDS ARE ACCEPTED ON A MONTHLY BASIS BY ORANGE

COUNTY LEGISLATURE. PLEASE CALL OFFICE OF REAL PROPERTY TAX SERVICE AT (845) 291-

2492 FOR AVAILABILITY OF ANY OF THESE PROPERTIES.

25. A. Lead Paint Disclosure – Housing sales on residential dwellings that were built prior to 1978 are notified that

such property may present exposure to lead from lead-based paint that may place young children at risk of

developing lead poisoning. (See attached Rider). ________

INITIAL

B. If property is improved by a structure, the County makes no reference to the existence of a smoke detector.

Page 3 of 4

Official Bid Form For Leftover Parcels Page 3

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