RESOLUTION
BOARD OF SCHOOL DIRECTORS OF THE
WOODLAND HILLS SCHOOL DISTRICT
WHEREAS, the Board of School Directors of the Woodland Hills School District has
determined that certain land and the improvements located thereon now owned by the District
and formerly known as Shaffer Elementary School is unused and unnecessary for School District
purposes; and
WHEREAS, Section 7-707(2) of the Public School Code of 1949, as amended, authorizes
the Board of School Directors to dispose of unused and unnecessary lands by way of sealed bids;
and
WHEREAS, the Board of School Directors desires to sell certain of its real property
formerly known as Shaffer Elementary School, and desires to set a date and time in which to
receive and consider sealed bids for the purchase of the same.
NOW THEREFORE BE IT RESOLVED THAT:
1.
The following real estate is, and the same is hereby declared to be, unused and
unnecessary for School District purposes:
ALL that certain lot or piece of ground situate in the Borough of
Churchill, County of Allegheny and Commonwealth of Pennsylvania,
being more particularly described as:
Parcel One
BEGINNING at a point on Beulah Road and at the dividing line between
lands now or late of James Brown, formerly of Karl Staub and Frank
Abramovich, et ux.; thence South 86° 0’ West, a distance of One
Thousand Eighty-eight and sixty hundredths (1088.60) feet to a point;
thence North 74° 45’ West, a distance of Four Hundred Fifty and fortyfive hundredths (450.45) feet to a point on line formerly of Schaub heirs;
thence North 19° 0’ East, a distance of Four Hundred Forty-five and
eighty-nine hundredths (445.89) feet to a point at the line common to
property of James P. Brennan and now or formerly of R. Bogavich; thence
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Soute 30° 25’ 15” East, a distance of One Hundred Forty-eight and fiftyone hundredths (148.51) feet to a point; thence North 86° 0’ East, a
distance of Twelve Hundred Sixty-seven and ninety-eight hundredths
(1267.98) feet to a point on Beulah Road; thence along line of same, South
4° 45’ East, a distance of Four Hundred Twenty-five and nineth-nine
hundredths (425.99) feet to a point on Beulah Road at the place of
beginning.
EXCEPTING AND RESERVING THEREFROM THE FOLLOWING:
ALL THAT CERTAIN tract of land situate in Churchill Borough,
formerly Wilkins Township, Allegheny County, Pennsylvania, being more
particularly described as follows, to wit:
BEGINNING at a point on Beulah Road and at the dividing line between
lands now or late of James Brown, formerly of Karl Staub and Frank
Abramovich, et ux; thence South 87° 54’ West, along the line of land now
or formerly of Stephen Catarinella, a distance of Three Hundred and
thirty-seven hundredths (300.37) feet to a point; thence by an arc of a
circle, having a radius of One Thousand One Hundred Forty-four and two
hundredths (1144.02) feet, curving to the right, a distance of One Hundred
Twenty-eight and twenty-six hundredths (128.26) feet to a point; thence
North 6° 28’ 35” West, a distance of Three Hundred Twelve and sixty-six
hundredths (312.66) feet to a point, said line being parallel to Beulah
Road; thence South 88° 25’ 55” West, a distance of Three Hundred
Thirty-five and forty-seven hundredths (335.47) feet, along the line of
Stratford Plan No. 1 to a point on Beulah Road; thence along the line of
said Beulah Road, South 2° 51’ East, a distance of Four Hundred Twentyfive and ninety-nine hundredths (425.99) feet, plus or minus, to a point on
Beulah Road at the place of beginning.
BEING designated as Block 372-G, Lot No. 100, in the Deed Registry
Office of Allegheny County.
Parcel Two
BEGINNING at a point on the Easterly side of Garden Terrace South at
the dividing line between Lots Nos. 94 and 95 in said Plan; thence along
Garden Terrace South, North 19° East, Five and eighty-three hundredths
(5.83) feet to a point; thence continuing along same by the arc of a circle
curving to the left, having a radius of Ninety-five (95) feet, a distance of
Thirty-four and seventeen hundredths (34.17) feet to a point on the
dividing line between Lots Nos. 94 and 93 in said Plan; thence along the
said thence South 19° West, a distance of Eighty-one and one hundredths
(81.01) feet to point on the line between Lots Nos. 94 and 95 in said Plan;
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thence along said dividing line, North 71° West, a distance of One
Hundred Five (105) feet to Garden Terrace South at the place of
beginning.
BEING designated as Block 372-F, Lot 12 in the Deed Registry Office of
Allegheny County:
Being the same property described in that certain Deed dated June 1, 1988
and recorded in the Department of Real Estate of Allegheny County,
Pennsylvania at Deed Book Volume 7814, page 304.
2.
The above parcel will be sold according to the sealed bid method prescribed in Section 7707(2) of the Public School Code of 1049, as amended.
3.
The sealed bids shall be submitted to the attention of Michael Gigliotti, Business
Manager, at the School District’s Administration Office located at 531 Jones Avenue,
North Braddock, Pennsylvania 15104 no later than 10:00 a.m. on Thursday, June 9, 2016
at which time and place all bids will be publicly opened. All sealed bids shall be
provided on the Bid Form attached hereto as Exhibit “A” and incorporated herein by
reference. All sealed bids shall be submitted in a sealed envelope marked with the
bidder’s name and address in the upper left-hand corner and with “Shaffer School Sealed
Bid Proposal” marked on the front of the envelope. Bids received later than the time
specified will not be considered. All bidders shall submit with the bid a non-collusion
affidavit in accordance with the provisions of the Pennsylvania Anti Bid-Rigging Act of
1963, as amended. Bidders may be present at the opening of bids. No bid shall be
amended, revoked or withdrawn after it has been submitted. The successful bidder will
be the person or entity submitting the highest qualifying sealed bid for the Property.
4.
THE SCHOOL DISTRICT HAS NO MINIMUM BID BUT RESERVES THE RIGHT
TO REJECT ANY AND ALL BIDS. The School District reserves the right to waive any
technicalities required for the best interests of the School District.
5.
The purchase price shall be payable as follows:
(a)
Earnest Money Deposit in an amount equivalent to ten (10%) percent of the total
bid, by certified check, cashier’s check or money order, within five (5) days of
acceptance of the bid;
(b)
The balance in full upon closing.
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6.
Bidders are encouraged to conduct their appropriate due diligence prior to submitting a
sealed bid on the Property. All requests to tour the Property prior to submitting a bid
shall be directed to Michael Gigliotti, District Business Manager, at the address listed in
Paragraph 3 above.
7.
Settlement shall be held within sixty (60) days of the acceptance of the bid, at the
District’s Administration Office located at 531 Jones Avenue, North Braddock,
Pennsylvania 15104.
8.
The Property will be conveyed by special warranty deed, which will contain the notice
set forth below and shall also contain the notice specified in the Bituminous Mine
Subsidence and Land Conservation Act of 1966, which notice shall be signed by the
Buyer.
NOTICE - - THIS DOCUMENT MAY NOT SELL, CONVEY, TRANSFER, INCLUDE
OR INSURE THE TITLE TO THE COAL AND RIGHT OF SUPPORT
UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN,
AND THE OWNER OR OWNERS OF SUCH COAL MAY HAVE THE COMPLETE
LEGAL RIGHT TO REMOVE ALL OF SUCH COAL AND IN THAT CONNECTION,
DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY HOUSE,
BUILDING OR OTHER STRUCTURE ON OR IN SUCH LAND. THE INCLUSION
OF THIS NOTICE DOES NOT ENLARGE, RESTRICT OR MODIFY ANY LEGAL
RIGHTS OR ESTATE OTHERWISE CREATED, TRANSFERRED, ACCEPTED OR
RESERVED BY THE INSTRUMENT. (This notice is set forth in the manner provided
in Section 1 of the Act of July 17, 1957, P.L. 984, as amended, and is not intended as
notice of unrecorded instruments, if any.).
9.
The successful bidder shall be responsible for the payment of all local and Pennsylvania
realty transfer tax stamps.
10.
Real estate taxes and water and sewer charges shall be prorated as of the date of final
settlement. County and municipal real estate taxes shall be prorated on a calendar year
basis of January 1 to December 31 and school taxes shall be prorated on a fiscal year
basis of July 1 to June 30 and county
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11.
All recording fees shall be the responsibility of the successful bidder. The successful
bidder shall be responsible for the cost of any title examination or due diligence
examinations conducted by or on behalf of the successful bidder.
12.
The successful bidder shall take title to the Property SUBJECT to the following: (a)
building, zoning and use restrictions of record; (b) vehicular or pedestrian easements of
record affecting the property and being contiguous to the front, rear or side lot lines; (c)
water, sewer, gas, electric, cable television and telephone lines or easements therefor of
record or as presently installed; (d) prior grants, reservations or leases of coal, oil, gas or
other minerals as shown by instruments of record; and (e) all exceptions, reservations,
conditions, restrictions, leases, liens and easements and rights of way of record or
apparent upon inspection of the property.
13.
The School District shall convey title free of any liens in favor of the School District.
14.
The Property is offered AS IS, WHERE IS, and the School District makes no
representations or warranties, expressed or implied, with respect to the physical condition
of the Property, the title to the Property, or the useability of the Property for any
particular purpose.
15.
Possession of the Property for which a bid is accepted shall be delivered upon closing.
16.
Should settlement not be completed within sixty (60) days of the acceptance of the bid as
above-stated, the successful bidder and the School District shall each thereafter have the
right, upon written notice to the other, to declare Time to be of the Essence and to fix a
date, time and place of final settlement. Such notice shall be given not less than ten (10)
days before the date fixed.
17.
In the event of default:
(a)
By a Bidder: The School District may, at its option, elect to:
(1)
maintain an action for specific performance, to which action bidders
consent;
(2)
retain the earnest money and all monies paid on account of the purchase
price as liquidated damages, in which event the bid and acceptance shall
become null and void and all parties shall thereupon be released of all
further liability hereunder. It is hereby agreed that, without resale, the
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School District’s damages will be difficult to ascertain and that the earnest
money and all monies paid on account of the purchase price constitute a
reasonable liquidation thereof and not a penalty, or
(3)
apply said monies toward the District’s damages, including, but not
limited to, loss of bargain, consequential damages and attorney’s fees,
provided, however, that no such election of (3) hereof shall be final or
exclusive until full satisfaction shall have been received.
(b)
By the District: Bidder may, at Bidder’s option, elect to:
(1)
waive any claim for loss of bargain, in which event Seller hereby agrees to
repay to Buyer the earnest money and all monies paid on account, or
(2)
institute and maintain an action for specific performance.
18.
Formal tender of deed and purchase price shall be waived as a requirement hereof.
19.
The Property will be sold subject to a restrictive covenant to run with the land that at no
time shall the property (a) be used for the sale or distribution of pornography or for adult
entertainment purposes or any illegal activities; (b) be owned or used for a purpose that
would exempt the property from the payment of real estate taxes; or (c) be owned or used
as a charter school.
20.
Advertisement of this sale is to be published, and posted on the Property and in the
vicinity, according to law.
21.
Copies of this Resolution, including the Bid Form, shall be made available to prospective
bidders upon request.
22.
The proper officers and agents of the School District are authorized to take all actions
necessary to effectuate this offering and any consequent sale.
23.
All prior resolutions or parts of resolutions are hereby repealed to the extent inconsistent
with this present resolution.
RESOLVED and ENACTED this 18th day of May, 2016.
ATTEST:
WOODLAND HILLS SCHOOL DISTRICT
_______________________________
Board Secretary
By:
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__________________________________
President, Board of School Directors
EXHIBIT “A”
WOODLAND HILLS SCHOOL DISTRICT
BID FORM
To:
Woodland Hills School District
Attn: Michael Gigliotti, Business Manager
531 Jones Avenue
North Braddock, PA 15104
The undersigned bidder (“Bidder”) submits this bid in response to the Woodland Hills
School District’s request for sealed bids, as set forth in a resolution enacted on May 18, 2016 for
the “Property” identified in the Resolution and otherwise identified as Block and Lot Nos. 372G-100 and 372-F-12 in the Deed Registry Office of Allegheny County, Pennsylvania.
Bidder hereby submits a bid in the amount of: ________________________________,
($______________________________) dollars.
INTENDING TO BE LEGALLY BOUND HEREBY:
Date:_______________________
By:_____________________________________________
Printed name:____________________________________
Business Entity (if applicable): ______________________
NOTE TO BIDDER:
BID MUST BE SIGNED BY THE BIDDER. All terms and
requirements of the resolution enacted on May 18, 2016 are incorporated into and made a part of
all bid submissions.
ALL SEALED BIDS MUST BE RECEIVED NO LATER THAN 10:00 a.m. ON
THURSDAY, JUNE 9, 2016.
Sealed Bids should be delivered to:
Woodland Hills School District
Attn: Michael Gigliotti, Business Manager
531 Jones Avenue
North Braddock, PA 15104
If you have any questions concerning the submission of this bid, please contact Michael Gigliotti
at (412) 731-1300.
The Woodland Hills School District reserves the right to reject any and all bids.
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