ITB - Solicitation 94835 - Sunbury Armory (9-6-2016).pdf

INVITATION TO BID

FOR THE PURCHASE OF

SUNBURY NATIONAL GUARD ARMORY

SOLICITATION # 94835

Date of Issue:

September 6, 2016 Issuing Office:

Department of General Services Bureau of Real Estate

401 North Street, Room 503 North Office Building Harrisburg, Pennsylvania 17125

(717) 772-8842 http://upload.wikimedia.org/wikipedia/commons/2/20/Sunbury,_Pennsylvania_Armory.JPG

September 6, 2016

Re: Bid Offering for 10 Acres ± and a Building Containing 23,131 SF Property Tax ID No. 2-57-40-83/Sunbury National Guard Armory

206 Armory Road City of Sunbury, Northumberland County, Pennsylvania 17801

Dear Interested Bidder:

I appreciate your interest in the purchase of the former Sunbury National Guard Armory property.

Enclosed are the forms for submitting a bid offering. To be considered for the purchase of the property, your minimum bid offering must meet or exceed the sum of $135,000.00. The property will be awarded to the highest responsible bidder who must execute an Agreement of Sale with the Department of General Services (DGS) within 15 calendar days of the DGS notice of award. A certified check, made payable to the Commonwealth of Pennsylvania for 2% of your bid offering, must accompany your bid submission.

Should you be the successful bidder and later decide you do not want the property, cannot obtain financing, or, for whatever reason, have not executed an Agreement of Sale within the allotted timeframe, your 2% deposit will be forfeited. The successful bidder, upon full execution of an Agreement of Sale by all parties, will be required to submit an 8% deposit towards the purchase price of the property.

DGS will reject any bid that is not received by the deadline, does not have the required 2% bid guarantee or does not meet the minimum bid offering. In addition, DGS reserves the right, in its sole discretion, to reject any or all bids in accordance with the best interest of DGS. If you are not the successful bidder, your 2% bid guarantee will be returned. All bids whether delivered or sent by mail, must be received in the bid opening room on or before 3:00 PM on December 6, 2016. The bid opening room is located in Room 503 North Office Building, Harrisburg, Pennsylvania. If a bidder decides to mail its bid, it should allow adequate time for delivery. Bids should be mailed to the Department of General Services, Bureau of Real Estate, 401 North Street, Room 503 North Office Building, Harrisburg, Pennsylvania, 17125.

All bid envelopes should be clearly marked “Solicitation # 94835 - Sunbury National Guard Armory” on the outside of the mailer package. All bids received after 3:00 PM, December 6, 2016 will be rejected, and returned. Bids will be opened on December 6, 2016 at 3:00 PM in Room 503 North Office Building, Harrisburg, Pennsylvania.

For additional information relative to this property, please go to the Dept. of Military and Veterans Affairs website at: http://www.dmva.pa.gov/dmvaoffices/Pages/Facilities%20and%20Engineering/Armory- Sales.aspx#.VaezkKRVhBc. If there are discrepancies between the information contained in this Invitation to Bid and the DMVA website, the Invitation to Bid will control. The Department of General Services makes no representations or warranties as to the accuracy of the information contained on the DMVA website.

Thank you for your interest in the purchase of the property and I look forward to receiving your offer. Should you have any questions regarding the bid process, please contact me at (717) 772-8842.

Sincerely, Andrew L. Lick

DGS Real Estate Property Coordinator Bureau of Real Estate alick@pa.gov http://www.dmva.pa.gov/dmvaoffices/Pages/Facilities%20and%20Engineering/Armory-Sales.aspx#.VaezkKRVhBc http://www.dmva.pa.gov/dmvaoffices/Pages/Facilities%20and%20Engineering/Armory-Sales.aspx#.VaezkKRVhBc

INVITATION TO BID INSTRUCTIONS

10-Acres and one Building Containing 23,131 SF +

206 Armory Road City of Sunbury, Northumberland County, Pennsylvania 17801

Tax ID No. 2-57-40-83

1. Pursuant to Act 55 of 2012, the Department of General Services (DGS) will conduct a public sale of Commonwealth property consisting of approximately 10 acres of land and 1 building containing 23,131 SF+. The property is located in the City of Sunbury, Northumberland County, Commonwealth of Pennsylvania. The property will be sold on an “as-is” basis.

2. Minimum acceptable bid is $135,000.00. A certified check made payable to the “Commonwealth of Pennsylvania” for 2% of your bid offering must accompany your bid.

3. All bids, whether delivered or sent by mail, must be received in the bid opening room on or before 3:00 P.M. on December 6, 2016. The bid opening room is located in Room 503 North Office Building, Harrisburg, Pennsylvania. If a bidder decides to mail the bid, the bidder should allow adequate time for delivery. Bids should be mailed to Department of General Services, Bureau of Real Estate, 401 North Street, Room 503 North Office Building, Harrisburg, Pennsylvania, 17125. All bid envelopes should be clearly marked with “Solicitation # 94835 - Sunbury National Guard Armory” on the outside of the mailer package. All bids received after 3:00 P.M., December 6, 2016, will be rejected, and returned.

4. Bids will be opened on December 6, 2016, in Room 503 North Office Building, Harrisburg, Pennsylvania, at 3:00 P.M.

5. Bids must be firm. If a bid is submitted with conditions or exceptions or not in conformance with the terms and conditions in this invitation to bid, it shall be rejected.

6. Inspection of the property may be arranged by contacting: Andrew Lick, DGS, Bureau of Real Estate,

(717) 772-8842.

7. Bids must be signed by an individual(s) authorized to sign the bid on behalf of the bidder. When applicable, the bidder must complete and submit, with your bid, the Buyer Identity Disclosure (form attached).

8. DGS will accept only one Bid Offering (form attached) from each bidder. The attached Bid Offering form is to be fully completed, dated and submitted. If a bidder submits more than one Bid Offering, DGS shall accept the highest responsible bid submitted and reject any lower Bid Offerings. A fully completed W-9 (form attached) must be submitted with your Bid Offering. A Non-Collusion Affidavit (form attached) must also be completed, notarized and submitted with your Bid Offering.

9. Unless all bids are rejected, award will be made to the highest responsible bidder. Tie bids will be broken by the Secretary of the Department of General Services. The Agreement of Sale will be consummated with the awarded bidder. The highest responsible bidder must be current in the payment of taxes or other fiscal obligations owed to the Commonwealth of Pennsylvania. The right to reject any or all bids and to rebid is hereby reserved.

10. The awarded bidder will have 15 calendar days following the notice of award to enter into an Agreement of Sale with the Commonwealth. Failure to enter into an Agreement of Sale within this period may result in rejection of the bid and the Department may proceed to the next highest responsible bidder. The second highest responsible bidder will have 15 calendar days and so on.

11. The Commonwealth of Pennsylvania will not pay reimbursement expenses to Real Estate Brokers. These fees must be paid by the purchaser should a Real Estate Broker be used.

12. The oil, gas and mineral rights shall be retained by the Department of General Services, on behalf of the Commonwealth of Pennsylvania, and may be leased by the Department of General Services in accordance with the authority granted in the act of October 8, 2012 (P.L. 1194, No.147), known as the Indigenous Mineral Resources Development Act.

13. The following restrictive covenant shall be contained in the deed of conveyance:

“UNDER AND SUBJECT to the condition, that no portion of the property conveyed shall be used as a licensed facility, as defined in 4 Pa. C.S. § 1103 (relating to definitions), or any other similar type of facility authorized under state law. The condition shall be a covenant running with the land and shall be binding upon the GRANTEE, its successors and assigns. Shoud the GRANTEE, its successors or assigns, permit any portion of the property to be used in violation of this restriction, the title shall immediately revery to and revest in the GRANTOR.”

14. The Commonwealth will not be responsible for abatement or removal of any hazardous materials located on the premises, including, but not limited to, the building and other improvements on the property.

16. The Commonwealth and its employees shall not be liable for any error in any advertisement, hand bill or announcement made by it or its employees, nor for any agreement, condition, representation or stipulation, oral or written, not specifically set forth herein. All verbal communication by employees or agents of the Commonwealth of Pennsylvania is for information purposes only. DGS does not guarantee the accuracy or the validity of the information conveyed by its employees or agents.

17. In the event it becomes necessary to revise any part of this Invitation to Bid (ITB) an amendment will be issued to all interested parties who received the original ITB. For interested parties who download the ITB from the DGS website, it will be the interested party’s responsibility to check the website for amendments to the ITB prior to submission of their proposal.

Bid Offering

206 Armory Road, City of Sunbury, Northumberland County

Minimum Acceptable Bid Offering $135,000.00

Dollar Amount of Bid - $

THE PROPERTY WILL BE SOLD “AS-IS”

Should you be the successful bidder, and later decide you do not want the property, cannot obtain financing, or for whatever reason, have not executed an Agreement of Sale within the allotted timeframe, your 2% deposit will be forfeited.

In compliance with the Invitation to Bid and subject to the terms and conditions hereof, the undersigned offers and agrees, if this bid is accepted, to purchase the property described in this Invitation to Bid at the bid price indicated above.

CORPORATION: DATE

ATTEST:

______________________________ _________________________________ (SEAL)

Signature Corporation Name

Name Signature

Title Title

Home, Work or Cell Phone Home, Work or Cell Phone

INDIVIDUALS: PARTNERSHIP:

Bidder’s Name Partnership Name

Signature of Bidder Signature of Managing Partner

Address Address

Home, Work or Cell Phone Home, Work or Cell Phone

You must complete the W-9 form attached with either your Social Security Number or your Federal Identification Number.

NON-COLLUSION AFFIDAVIT

State of _________________________:

County of________________________:

I state that I am of ("the firm") and that I am authorized to make this affidavit on behalf of the firm, and its owners, directors, and officers. I am the person responsible in the firm for the price(s) in this bid.

I state that:

(1) The price(s) in this bid were arrived at independently and without consultation, communication or agreement with any other contractor, bidder, or potential bidder.

(2) Neither the price(s) and neither the approximate price(s) have been disclosed to any other firm or person who is a bidder or potential bidder, and they were not disclosed before bid opening or the quote receipt date.

(3) No attempt was made to induce any firm or person to refrain from bidding or submitting a quote on this contract or to submit any intentionally high or noncompetitive bid or quote or other form of complementary bid.

(4) The price(s) of the firm are offered in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary or other noncompetitive bid or quote.

(5) The firm, its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last four years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding or any public contract, except as follows:

I state that the firm understands and acknowledges that the above representations are material and important, and will be relied on by the Department of General Services in awarding the contract for which the bid was submitted. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as fraudulent concealment from the Department of General Services of the true facts relating to the submission of this bid.

The Firm or Individual(s)

Signature

Signatory's Name

Signatory's Title

SWORN TO AND SUBSCRIBED

BEFORE ME THIS DAY

OF________________, 20__

Notary Public My Commission Expires

BUYER IDENTITY DISCLOSURE

The following information must be filled out accurately and accompany your bid.

Date

NAME OF BUYER:

BUYER FEDERAL I.D. #:

Please indicate the legal status of your company and complete the appropriate section(s):

___ Corporation (Complete Section A) ___ Partnership (Complete Section C) ___Sole Proprietor (Complete Section D)

___ Limited Liability Company (Complete Section B) ___ Limited Liability Partnership (Complete Section C)

A. CORPORATION: Provide the names of all officers of the corporation and all stockholders of greater than 5% below and the percent of stock held by each. Attach additional sheets if needed.

NAME: NAME:

TITLE: PRESIDENT TITLE: VICE PRESIDENT

ADDRESS: ADDRESS:

PERCENTAGE OF STOCK: ____________ PERCENTAGE OF STOCK:

TITLE: SECRETARY TITLE: TREASURER

PERCENTAGE OF STOCK: PERCENTAGE OF STOCK:

PERCENTAGE OF STOCK: PERCENTAGE OF STOCK:

B. LIMITED LIABILITY COMPANY (L.L.C.): Provide the name of each member of the L.L.C. For L.L.C.s managed by a manager, please identify the manager.

TITLE: Member Manager TITLE: Member Manager

TITLE: Member Manager TITLE: Member Manager

C. PARTNERSHIP or Limited Liability Partnership (L.L.P.): List all general, limited or special partners. Identify any managing partner.

TITLE: TITLE:

(GENERAL, LIMITED, SPECIAL) (GENERAL, LIMITED, SPECIAL)

TITLE: TITLE:

(GENERAL, LIMITED, SPECIAL) (GENERAL, LIMITED, SPECIAL)

D. SOLE PROPRIETOR: If the bidder is a sole proprietorship, individual or owner doing business under any name or designation other than that of the name of the individual bidder.

BUSNIESS NAME:

SIGNATURE OF SOLE PROPRIETOR/INDIVIDUAL/OWNER:

ADDRESS:

APPENDIX A

“SAMPLE”

AGREEMENT OF SALE

SAMPLE

AGREEMENT OF SALE

By and Between

COMMONWEALTH OF PENNSYLVANIA,

DEPARTMENT OF GENERAL SERVICES

AND

THIS AGREEMENT, dated ___________________, 20___, is entered into by and between the COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF

GENERAL SERVICES, 515 North Office Building, Harrisburg, Pennsylvania 17125, hereinafter referred to as "Seller", with the approval of the DEPARTMENT OF MILITARY

AND VETERANS AFFAIRS,

AND

, , hereinafter referred to as “Buyer”.

WITNESSETH THAT:

WHEREAS, Act___of 2013 authorizes the Department of General Services to convey title to the property; and

WHEREAS, Seller desires to sell to Buyer the property containing approximately 10.00 acres more or less and improvements known as the former “Sunbury National Guard Armory” located in the City of Sunbury, County of Northumberland, Commonwealth of Pennsylvania, as described in the attached legal description, made a part hereof, and marked as Exhibit “A”, hereinafter referred to as the “Premises”; and

WHEREAS, Buyer desires to purchase the Premises from Seller;

NOW, THEREFORE, in consideration of the Premises and the mutual covenants and promises herein contained and intending to be legally bound hereby, the parties hereto promise, covenant and agree as follows:

EXAMPLE:

(1) Consideration. The purchase price is $135,000.00, which shall be paid to

Seller by Buyer as follows:

a. A two percent (2%) bid guarantee which has already been paid

$ 2,700.00

b. Cash or certified check within five (5) business days after Buyer receives this fully executed Agreement

(8% of purchase price)

$ 10,800.00

c. Cash, certified check or cashier’s check at time of

Final Settlement and Delivery of the Deed

$ 121,500.00

Total $ 135,000.00

The Comptroller of the Department of General Services, pending settlement, shall hold the ten percent (10%) deposit in escrow.

(2) Closing. Time is hereby agreed to be of the essence. Unless otherwise agreed upon in writing by the parties, Closing shall occur within ninety (90) days from the execution of this Agreement by the Secretary of General Services. The date the Secretary of General Services executes this Agreement shall establish the

"Execution Date."

(3) Default of Buyer. Should Buyer violate or fail to fulfill and perform any of the terms or conditions of this Agreement, then and in that case, any and all sums paid by Buyer under this Agreement may be retained in full by Seller as liquidated damages for such breach. In such event, both parties shall be released from further liability or obligation hereunder, and this Agreement shall become null and void.

(4) Default of Seller. In the event that title to the Premises cannot be conveyed by

Seller to Buyer at settlement in accordance with the requirements of this

Agreement or closing does not occur as provided herein or Seller is otherwise in default in the performance of the provisions hereof, Buyer may either (a) disregard such default and perform this Agreement by accepting said title and the Premises in such condition as Seller can convey without abatement in price, or (b) rescind this Agreement and recover all sums paid on account of the

Purchase Price without interest. In the latter event, there shall be absolutely no further liability or obligation by either party hereunder, and this Agreement shall become null and void.

(5) Transfer Taxes. Seller is exempt by law from paying realty transfer taxes.

Such exemption shall not relieve Buyer from liability for realty transfer tax.

The realty transfer tax due in connection with the transaction contemplated by this Agreement shall be paid by Buyer at Settlement.

(6) Real Estate Taxes. Seller is exempt from the payment of real estate taxes.

Such exemption shall not relieve Buyer from liability for the entire tax upon transfer of title to the Premises.

(7) Utilities. Water, sewer, and electrical charges, if any, shall be apportioned between the parties as of the date of final settlement.

(8) Warranties. The title is to be good and marketable and such as will be insured by any responsible title insurance company, licensed to do business in

Pennsylvania, at regular rates, and the Premises shall be conveyed to Buyer by

Special Warranty Deed warranting said Premises to be free from all liens and encumbrances, except as may be otherwise herein stated, but to be subject to all existing restrictions, easements, recorded agreements and covenants, rights of public service companies, easements of road, zoning regulations, ordinances, statutes and regulations of any constituted public authority, now in force or which may be passed prior to final settlement.

(9) Covenants, Conditions and Restrictions.

(A) The parties acknowledge and agree that the deed of conveyance shall contain a provision expressly excepting and reserving to Seller all oil, gas and mineral rights and may be leased by Seller in accordance with the authority granted in the Act of October 8, 2012 (P.L. 1194, No. 147), known as the Indigenous Mineral Resources Development Act.

(B) The deed of conveyance shall contain the following covenant:

“UNDER AND SUBJECT to the condition, that no portion of the property conveyed shall be used as a licensed facility, as defined in 4 Pa. C.S. § 1103

(relating to definitions), or any other similar type of facility authorized under state law. The condition shall be a covenant running with the land and shall be binding upon the GRANTEE, its successors and assigns. Should the

GRANTEE, its successors or assigns, permit any portion of the property to be used in violation of this restriction, the title shall immediately revert to and revest in the GRANTOR.”

(C) To Seller’s knowledge, the zoning classification of the Premises is SR-

Suburban Residential.

(D) The property is listed on the National Register of Historical Properties.

(E) Buyer acknowledges that this Agreement is subject to final execution by the Office of General Counsel, Office of Attorney General and

Secretary of General Services and that until properly signed, executed and approved by these officials or their authorized designees, the

Purchase Agreement will not be valid.

(10) Costs. Seller agrees to prepare the Deed. All costs and expenses relating to

Buyer's title examination or the purchase of title insurance shall be the sole responsibility of the Buyer.

(11) Assignment. Buyer may not assign its rights hereunder.

(12) Condition of Premises. Buyer acknowledges that it has entered into this

Agreement with the knowledge that the Premises will be acquired on an “as is” basis, that it has had the opportunity to inspect the Premises, and that said

Premises are being purchased as a result of said inspection and not as a result of any advertisement, hand bill or representation, either oral or written, made by the Seller. Buyer agrees that Seller and its employees shall not be liable for any error in any advertisement, hand bill or announcement made by Seller or its employees, nor for any agreement, condition, representation or stipulation, oral or written, not specifically set forth herein.

(13) Care of Premises.

(A) Between the Execution Date and the date of Closing, Seller shall perform all customary and ordinary repairs to the Premises as Seller customarily previously performed, so as to maintain it in substantially the same condition as it is as of the Execution Date, as such condition shall be changed by wear and tear, damage by fire or other casualty or by eminent domain. Notwithstanding the foregoing, Seller shall have no obligation to make any structural or extraordinary repairs or capital improvements to the Premises between the Execution Date and the date of Settlement.

(B) From and after the date of this Agreement until the date of Closing, the

Seller shall materially comply with all state and municipal laws, ordinances, regulations and orders or notices of violations relating to the subject Premises, except that compliance may be postponed while Seller is in good faith contesting the validity of said orders or notices.

(14) Risk of Loss. Risk of loss shall remain with Seller until Settlement. In the event of material damage to the Premises that affects the value of the Premises by fire or other casualty, Buyer shall have the option of terminating this

Agreement or accepting the Premises in its then condition by paying a reduced purchase price if the parties can mutually agree upon a reduced purchase price.

(15) Miscellaneous.

(A) Seller agrees to furnish to the Buyer all title data which Seller may have, including but not limited to deeds, maps, surveys, plans, abstracts, title reports and title policies.

(B) Buyer shall receive possession of the Premises at the time of Settlement by delivery of the Deed. Buyer shall be responsible for making arrangements to have the locks changed the day of Settlement;

subsequent to Settlement. Prior to Settlement, Buyer shall have the right, at reasonable times and upon reasonable notice to Seller, to enter upon the Premises for purposes of inspecting the Premises or any conditions existing thereon.

(C) Neither party hereto has dealt with or through any real estate broker or agent in connection with this transaction. In the event that any real estate broker or agent claims a commission as a result of this transaction, the party with whom said broker or agent allegedly dealt shall have the responsibility for defending against and, if unsuccessful, paying the claim of such broker or agent.

(16) Recording. This Agreement shall not be recorded by Seller or Buyer in the

Recorder of Deeds of Northumberland County or other public office of record.

(17) Right-to-Know.

(A) The Pennsylvania Right-to-know Law, 65 P.S. §§ 67.101-3104, applies to this Agreement.

(B) If the Seller needs the Buyer’s assistance in any matter arising out of the

RTKL related to this Agreement, it shall notify the Buyer using the legal contact information provided in this Agreement. The Buyer, at any time, may designate a different contact for such purpose upon reasonable prior written notice to the Seller.

(C) Upon written notification from the Seller that it requires the Buyer’s assistance in responding to a request under the RTKL for information related to this Agreement that may be in the Buyer’s possession, constituting or alleged to constitute, a public record in accordance with the RTKL (“Requested Information”), the Buyer shall:

(1) Provide the Seller, within ten (10) calendar days after receipt of written notification, access to, and copies of, any document or information in the Buyer’s possession arising out of this

Agreement that the Seller reasonably believes is Requested

Information and may be a public record under the RTKL;

and

(2) Provide such other assistance as the Seller may reasonably request, in order to comply with the RTKL with respect to this

Agreement.

(D) If the Buyer considers the Requested Information to include a request for a Trade Secret or Confidential Proprietary Information, as those terms are defined by the RTKL, or other information that the Buyer considers exempt from production under the RTKL, the Buyer must notify the Seller and provide, within seven (7) calendar days of receiving the written notification, a written statement signed by a representative of the Buyer explaining why the requested material is exempt from public disclosure under the RTKL.

(E) The Seller will rely upon the written statement from the Buyer in denying a RTKL request for the Requested Information unless the Seller determines that the Requested Information is clearly not protected from disclosure under the RTKL. Should the Seller determine that the

Requested Information is clearly not exempt from disclosure; the Buyer shall provide the Requested Information within five (5) business days of receipt of written notification of the Buyer’s determination.

(F) If the Buyer fails to provide the Requested Information within the time period required by these provisions, the Buyer shall indemnify and hold the Seller harmless for any damages, penalties, costs, detriment or harm that the Seller may incur as a result of the Buyer’s failure, including any statutory damages assessed against the Seller.

(G) The Seller will reimburse the Buyer for any costs associated with complying with these provisions only to the extent allowed under the fee schedule established by the Office of Open Records or as otherwise provided by the RTKL if the fee schedule is inapplicable.

(H) The Buyer may file a legal challenge to any Seller decision to release a record to the public with the Office of Open Records, or in the

Pennsylvania Courts, however, the Buyer shall indemnify the Seller for any legal expenses incurred by the Seller as a result of such a challenge and shall hold the Commonwealth harmless for any damages, penalties, costs, detriment or harm that the Seller may incur as a result of the

Buyer’s failure, including any statutory damages assessed against the

Seller, regardless of the outcome of such legal challenge. As between the parties, the Buyer agrees to waive all rights or remedies that may be available to it as a result of the Seller’s disclosure of Requested

Information pursuant to the RTKL.

(I) The Buyer’s duties relating to the RTKL are continuing duties that survive the expiration of this Agreement and shall continue as long as the Buyer had Requested Information in its possession.

(18) Subsequent Liens and Ordinances. Any notices or ordinances filed subsequent to the date of settlement by any governing authority for which a lien could be filed are to be complied with at the expense of the Buyer, provided that Buyer takes title hereunder. Any such notices or ordinances filed before the date of settlement are to be complied with at the expense of the Seller.

(19) Representations and Warranties of Seller. Seller, to induce Buyer to enter into this Agreement and to complete settlement, makes the following representations and warranties to Buyer, which representations and warranties are true and correct as of the date of this Agreement, and shall be true and correct at and as of the date of settlement in all respects as though such representations and warranties were made both at and as of the date of this

Agreement, and at and as of the date of settlement.

(A) Seller has not received any notice from any insurance company which has issued a policy with respect to the Premises or from any board of fire underwriters (or other body exercising similar functions) claiming any defects or deficiencies in the Premises or suggesting or requesting the performance of any repairs, alterations or other work to the

Premises.

(B) There are no leases, service equipment, supply, security, maintenance, or other agreements with respect to or affecting the Premises, which shall be binding upon Buyer or with respect to the Premises from and after the date of Settlement.

(C) There is no action, suit or proceeding pending or, to the knowledge of

Seller, threatened against or affecting Seller with respect to the Premises or any portion thereof or relating to or arising out of the ownership, management or operation of the Premises, in any court or before or by any federal, state, county or municipal department, commission, board, bureau or agency or other governmental instrumentality.

(D) Seller has not received any notice of any condemnation proceeding or other proceedings in the nature of eminent domain ("Taking") in connection with the Premises and, to Seller's knowledge, no Taking has been threatened.

(E) All contractors, subcontractors and other persons or entities furnishing work, labor, materials or supplies for the Premises have been paid in full, and there are no claims against the Seller or the Premises in connection therewith.

(F) The undersigned represents and warrants that they have full power and authority to execute and deliver this Agreement on behalf of Seller.

(G) Seller has disclosed to Buyer, Seller's belief, that although no testing has been conducted by Seller, it is likely that lead-based paint or lead-based paint hazards, lead pipes and radon gas are present in or about the

Premises. Buyer agrees that Seller has offered Buyer opportunity to conduct a risk assessment or inspection of the Premises to determine the presence of lead-based paint and/or lead-based paint, lead pipes and/or radon gas hazards.

(20) Release. Buyer hereby releases, quit claims and forever discharges Seller and its agents and employees, from any and all claims, losses, or demands, including, but not limited to, personal injuries and property damage and all of the consequences thereof, whether now known or not, which may arise from the presence of termites or other wood boring insects, radon, lead-based paint hazards, environmental hazards, or any defects or conditions on the Premises.

This Release shall survive settlement.

SUBJECT TO THE FOREGOING, this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective representatives, successors and/or assigns.

IN WITNESS WHEREOF, the parties have executed this Agreement on

______________________, 20___.

ATTEST: BUYER:

ATTEST: SELLER:

COMMONWEALTH OF PENNSYLVANIA

DEPARTMENT OF GENERAL SERVICES

Curt Topper DATE

Secretary

APPROVED:

Approved as to Form and DEPARTMENT OF MILITARY AND VETERANS

Legality: AFFAIRS

Office of Chief Counsel Adjutant General DATE

Department of Military & Veterans Affairs

Office of Chief Counsel

Department of General Services

______________________________ APPROVED:

Office of General Counsel

Office of Attorney General GOVERNOR

EXHIBIT A

LEGAL DESCRIPTION

APPENDIX A

ZONING