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THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION OFFICE OF RIGHT OF WAY

OFFERS AT

PUBLIC AUCTION

Surplus Real Property

Tuesday, December 12, 2017

3:00 P.M.

This auction offers two (2) properties located in the County of Suffolk, Town of Brookhaven, Hamlet of Selden.

AUCTION LOCATION: Perry B. Duryea, State Office Building Basement Classrooms 2 & 3

250 Veterans Memorial Highway Hauppauge, NY 11788-5518

REGISTRATION: One (1) hour before auction begins (2:00 p.m. to 3:00 p.m.) at Auction Location AUCTION: Begins at 3:00 p.m.

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TABLE OF CONTENTS

Information Auction Location .............................................................................................. 3 General Information ........................................................................................ 4 Terms and Conditions of Sale ........................................................................ 5-6 Questions and Answers ................................................................................ 7-8 Surplus Properties 10-III-1415–Western Parcel – Map 4-C, Parcel 1221 .......................................... 9 10-III-1415–Eastern Parcel – Map 7-C, Parcel 508 ............................................. 10 Forms

Bidder Registration Form ................................................................................. 11

Authorization to Bid ........................................................................................ 12

Bid Confirmation (sample only) ......................................................................... 13

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AUCTION LOCATION New York State Department of Transportation

Perry B. Duryea - State Office Building

250 Veterans Memorial Hwy Hauppauge, NY 11788

Basement Classrooms 2 &3 (Adjacent to Cafeteria)

For information please call (631) 952-6806 or (631) 952-6087

Note:

Front entrance of building is on 1st floor, near the flagpoles.

Valid photo identification is required for entry.

Auction located in basement Classrooms 2 & 3 (adjacent to the Cafeteria).

Perry B. Duryea State Office Building Basement Classrooms 2 &3

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GENERAL INFORMATION

1. POLICY STATEMENT – In accordance with New York State Law the New York State Department of Transportation offers for sale at public auction property no longer required for highway purposes. It is understood that any of the properties being offered for sale are subject to withdrawal on or before the date of the auction.

2. STANDARD TERMS AND CONDITIONS OF SALE – The Standard Terms and Conditions of Sale

printed on pages 5-6 contain complete information on the auction’s terms. We urge you to read them carefully.

3. AUCTION SALE – This sale wil l be conducted as a public auction. A bidder or his/her authorized

representative must register and be present to bid. A Registration Form is provided in the rear of this brochure. Please complete the form and bring it to the registration table on the auction date at the time indicated for registration. In order to register you must present, for inspection, a certif ied or cashier’s check which is no less than the earnest money deposit required for the property on which you intend to bid. Each deposit requirement is referenced on the property description pages that fol low. At the time of registration, you wil l be presented with an identif ication number that the auctioneer wil l refer to during the bidding. YOU MUST HAVE REGISTERED AND RECEIVED AN IDENTIFICATION NUMBER IN ORDER TO BID. Bids wil l be

publicly and orally received. The auctioneer wil l acknowledge the highest bidder. Immediately upon being acknowledged as the highest bidder, the person wil l proceed to the closing table, present the appropriate deposit, and execute a Bid Confirmation. (A sample is provided at the end of this brochure)

4. BIDDING FOR ANOTHER – AN AUTHORIZATION TO BID FORM must be completed and

presented to the Department’s representative at the Registration Table if the prospective bidder is not the principal. (The required form is provided at the end of this brochure.)

5. NON-COLLUSIVE BIDDING – It is i l legal for people to agree at any time to hold down the price(s)

at auctions by not bidding against one another. VIOLATORS WILL BE PROSECUTED TO THE FULL EXTENT OF THE LAW. Every successful bidder for real property auctioned by the New York State Department of Transportation shall be required to subscribe to a “NON -COLLUSIVE BIDDING” statement included in the Bid Confirmation. The statement shall be

affirmed by the bidder as true under the penalties of perjury. 6. ZONING & MAPS – Prospective purchasers are urged to contact the fo l lowing agencies for

information regarding the properties being offered at the public auction:

A. To verify auction requirements , contact the New York State Department of Transportation, Right-of-Way Group, Region Ten, at (631) 952-6806 or (631) 952-6087 .

B. For information on zoning , contact the Town of Brookhaven. C. Original acquisition maps and conveyance maps wil l be available for perusal at the New

York State Department of Transportation, R ight-of-Way Division, 250 Veterans Memorial Hwy, Room 6A-10, Hauppauge, NY 1188-5518 (Please call in advance for an appointment (631) 952-6806 or (631) 952-6087). This information is also available online at

www.dot.ny.gov/r10surplus . 7. The information in this booklet is available for the convenience of prospective purchasers and is

as accurate as can reasonably be provided. IT IS EMPHASIZED THAT ANY OF THE PROPERTIES BEING OFFERED MAY BE WITHDRAWN

FROM SALE BY THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION ON OR BEFORE THE DATE OF THE AUCTION

8. If a sign language interpreter, assistive l istening device or any other accommodation wil l be

required to facil i tate your participation in this public auction, plea se contact our Hauppauge Regional Office, at (631) 952-6806 or (631) 952-6087 .

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TERMS AND CONDITIONS OF SALE

1. All properties being sold at public auction are being offered pursuant to New York State

Law. 2. The Commissioner of Transportation reserves the right to reject any or al l bids and

may re-advertise for new bids if , in his opinion, the best interests of the State of New York wil l thereby be promoted. In the event the Commissioner exercises his right t o reject any or all bids, the high bidder shall be entitled only to the return of the sum paid pursuant to the bid, and the parties shall be mutually released of all obligations under the terms of the sale.

3. All bidders must be registered by a Department r epresentative prior to the auction. As a

deposit requirement and pre-requisite for registration, prospective bidders must present a certified or cashier’s check for the property or properties on which they intend to bid.

4. Bids wil l be publicly and orally received from registered bidders or authorized

representatives present at the auction. An Authorization to Bid form must be completed and presented to a Department representative at the registration table if the bidder is not the principal.

5. A valid bid must equal or exceed the announced opening bid price. 6. Immediately upon the conclusion of the bidding, the highest acknowledged bidder must give

the State the required earnest money deposit in the form of a certif ied check or cashier's check and execute a Bid Confirmation. The balance of the down payment wil l be required in the form of a certif ied or cashier’s check within 10 days of the acceptance of the bid. The remaining purchase price wil l be due and payable on the date of closing and should be paid by certif ied or cashier's check, payable to: NEW YORK STATE DEPARTMENT OF TRANSPORTATION. Cash will not be accepted.

7. The State shall convey said property by Quitclaim deed in form as prepared by the Attorney

General. The deed shal l convey all property and property rights which are shown and described on the conveyance map(s). In the event that the successful bidder wishes to use a different description than that used in the conveyance map, the bidder shall provide the State with a survey of the property; said survey shall be certif ied by a l icensed surveyo r and guaranteed to the State of New York.

8. The closing wil l take place 30 to 45 days after notice by the State that the Agreement of

Sale has been approved at a time and place mutually agreed upon by the parties, TIME BEING OF THE ESSENCE as to the performance by the purchaser. The State, at its sole discretion, reserves the right to extend the date of the closing unti l i t is prepared to deliver the deed, it being understood, however, that the Purchaser wil l be advised in advance, in writing, of any delay and extension.

9. The State shall convey said property subject to all zoning laws and the Purchaser

understands that no representation is made by the State as to future permitted use, occupancy or zoning of the property.

10. The Purchaser understands that all real property and the improvements thereon, if any, are

sold in their "AS IS" condition on the date of auction, subject to ordinary wear and tear and deterioration which can reasonably be anticipated from its condition at the time of auction to date of closing.

11. The risk of loss or damage by f ire or otherwise, between the date of auction and the transfer

of ti t le, shall be governed by Section 5 -1311 of the General Obligations Law of the State of New York.

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TERMS AND CONDITIONS OF SALE (continued)

12. In the event that the State is unable to convey title to the Purchaser, the State's sole l iabil i ty

shall be to return the Purchaser's down payment and the sale shall be considered cancelled. 13. Upon default by Purchaser, the State may elect to enforce specif ically the obligations of the

Purchase or to terminate the obligations of the Purchaser and retain as l iquidated damages any payments made hereunder by Purchaser. If such payments are inadequate to compensate the State for damages, the State may exercise its righ ts to sue for damages for Purchaser's default. Notice of such election by the State shall be in writing and delivered to Purchaser by registered mail.

14. The Purchaser may not enter upon the property prior to transfer of ti t le without prior written

permission of the State. 15. The Purchaser shall pay for any documentary stamps required to be aff ixed to the deed as

well as any fees for recording, conveyance, taxes or revenue charges which may be in force at the time of the delivery of the deed.

16. The State shall not be l iable for payment of brokerage commissions. 17. No assignment of the purchase will be recognized by the State. 18. Purchaser understands that the sale is subject to the following:

A. All enforceable covenants, conditions, easements, restrictions, reservation s and agreements of record affecting the property

B. Any state of facts an inspection of the premises may show C. Any state of facts an accurate survey may disclose D. Laws and governmental regulations which affect the use and occupancy of

subject premises E. The rights of tenants and persons in possession, if any F. Encroachments, if any

19. The terms and conditions of sale shall constitute the entire Agreement made between the

parties and cannot be changed orally. 20. Non-Collusive Bidding: It is i l legal for people to agree at any time to hold down the price(s) at auctions by not bidding against one another. Violators wil l be prosecuted to the full extent of the law. Every successful bidder for property auctioned by the New York State Department of Transportation shall be required to subscribe to a "Non -Collusive Bidding" statement which is to be included in the Bid Confirmation of the property. The statement shall be aff irmed by the bidder as true under the penalties of perjury. By signing the Bid Confirmation, each bidder and each person signing on behalf of any bidder certif ies, under the penalty of perjury, that to the best of his knowledge and belief:

A. The bid price had been made independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such bid with any other bidder or with any competitor;

B. No attempt has been made to induce any other person, partnership, or corporation to

bid or not to bid for the purpose of restricting competition.

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QUESTIONS AND ANSWERS

Q: What is the present zoning for these parcels?

A: THE STATE OF NEW YORK MAKES ABSOLUTELY NO REPRESENTATIONS REGARDING THE ZONING OF THE PARCELS OFFERED, OR THE SUITABILITY OF THE PARCELS FOR PARTICULAR INDIVIDUAL NEEDS. It is the responsibil i ty of the prospective bidders as competent, reasonable and prudent auction participants to investigate all zoning and local ordinances with the appropriate and proper local authorit ies prior to bidding. Zoning is a local matt er and is beyond the State’s control. WE URGE YOU TO CONTACT THE APPROPRIATE MUNICIPALITY FOR INFORMATION CONCERNING ZONING.

Q: What is the minimum I can bid?

A: The minimum bid for each property is l isted individually, along with a photograph and sketch, found in the succeeding pages of this brochure.

Q: If there are no bidders on a parcel at this sale, will the parcel come up for sale again? A: If no bids are made, the parcel may be re -evaluated and may be re-offered at public auction at a future date.

Q: I am the successful bidder on a parcel. However, the property is presently occupied. How do I claim possession? A: You are not legally the owner of the property unti l the tit le has closed and you have received the deed. If the property is sti l l occupied at the time of closing, you wil l become responsible for claiming possession in whatever legal manner you may deem necessary. All properties are sold subject to the existing occupancy.

Q: How much money is due on the day of the auction? A: When you register, you must have in your possession, and display to the Department’s representative, a certif ied or cashier’s check for no less than the amount of the earnest money deposit required for each parcel. Immediately at the conclusion of the bidding for each property, you must pay the appropriate deposit in the form of a certif ied or cashier’s check and execute a Bid Confirmation.

Q: When and where do I register? A: Registration wil l begin at the auction site at the time listed on the front cover of this brochure. Please complete the enclosed BIDDER REGISTRATION FORM and bring it to the registration desk, along with your certif ied or cashier’s check(s) during the t ime allocated for registration. EVERY PROSPECTIVE BIDDER MUST BE REGISTERED IN ORDER TO BID .

Q: Is a personal check or cash acceptable?

A: No. All payments must be made by a certif ied or cashier’s check payable to the NEW YORK STATE DEPARTMENT OF TRANSPORTATION .

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QUESTIONS AND ANSWERS (continued)

Q: What is a Bid Confirmation?

A: It is a form, which when executed, acknowledges you as the high bidder of a property, binding you to the TERMS AND CONDITIONS OF SALE provided on pages 5-6.

Q: When must I pay the balance due on the purchase of this property?

A: The entire balance must be paid on the date of closing which should occur within 90 days of the date of auction. The balance must be in the form of a CERTIFIED OR CASHIER’S CHECK. Cash wil l NOT be accepted . The closing wil l take place at a time and place mutually agreed upon between the parties.

Q: May I bid for someone else? A: Yes, as long as you are authorized to do so, and have presented a completed AUTHORIZATION TO BID FORM, at registration. The form is included in this brochure.

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SURPLUS PROPERTY 10-III-1415 – MAP 4C, PARCEL 1221 This offering is located at the southeast corner of the intersection of NY State Route 25 (Middle Country Road) and Blue Point Road in Brookhaven (Hamlet of Selden). The parcel is an irregular hexagon in shape and consists of 0.81± acres.

Town of Brookhaven (Selden) Suffolk County

PRICE AT WHICH BIDDING WILL COMMENCE: $670,000

No bids will be accepted below the minimum bid of $670,000.

EARNEST MONEY REQUIRED AT DAY OF AUCTION: $33,500 NOTE: Balance of deposit due within 10 days of bid acceptance, must equal or exceed 10% of the total bid less the earnest money.

This surplus property is being sold subject to an encroaching gazebo which may or may not be removed at the time of transfer. If it is in place at the time of any transfer of the parcel, the successful bidder will assume responsibility for it as well as any and all other encroachments.

Access and the location of access will be determined by the DOT Traffic & Safety curb cut permit process and approval by the Town of Brookhaven.

Per safety requirements, only right turns (if any) will be permitted into and out of the property along State Route 25.

This parcel DOES NOT have access rights via the adjacent signalized entrance, which is privately owned.

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SURPLUS PROPERTY 10-III-1415 – MAP 7C, PARCEL 508 This offering is located at the southeast corner of the intersection of NY State Route 25 (Middle Country Road) and N. Bicycle Path in the Town of Brookhaven (Hamlet of Selden). The parcel is semi-rectangular in shape and consists of 1.47± acres.

Town of Brookhaven (Selden) Suffolk County

PRICE AT WHICH BIDDING WILL COMMENCE: $1,150,000

No bids will be accepted below the minimum bid of $1,150,000.

EARNEST MONEY REQUIRED AT DAY OF AUCTION: $57,500 NOTE: Balance of deposit due within 10 days of bid acceptance must equal or exceed 10% of the total bid, less the earnest money.

Access and the location of access will be determined by the DOT Traffic & Safety curb cut permit process and approval by the Town of Brookhaven.

The existing driveway at the eastern end of the parcel will not necessarily be a permitted point of access.

Per safety requirements, only right turns will be permitted into and out of the property. The successful bidder will assume responsibility for any and all encroachments.

This parcel DOES NOT have access rights via the adjacent signalized entrance, which is privately owned.

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BIDDER REGISTRATION FORM

AUCTION DATE: DECEMBER 12, 2017 All bidders must complete and submit this form during the registration period on the day of the auction. At that t ime, a representative of the Department of Transportation will collect this form, and inspect your certified or bank check(s) . If acceptable, you will be given a number that identif ies you as a valid bidder. Your check(s) must be of equal or greater value than the earnest money deposit required for the property or properties on which you are bidding, and be payable to: NEW YORK STATE DEPARTMENT

OF TRANSPORTATION.

PLEASE TYPE OR PRINT CLEARLY:

Your Name:

Home Address:

Home Telephone: ( )

PLEASE COMPLETE THE FOLLOWING IF YOU ARE REPRESENTING A BUSINESS:

Business Name:

Business Address:

Business Telephone:

( )

LEGAL NAME – If you are the successful bidder, this is the name that will be identif ied as the purchaser on the Agreement for Sale and the grantee on the deed. The legal name provided below must match the name associated with the tax identif ication number (social security number for individuals or Federal EIN for businesses) that is provided on the Agreement for Sale when it is executed.

Legal Name:

FOR INTERNAL USE ONLY: Bidder Identif ication Number:

SPCN & Parcel

Check Amount Check #

SPCN & Parcel

Check Amount Check #

Registered by:

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AUTHORIZATION TO BID

ON SURPLUS REAL PROPERTY OFFERED FOR SALE BY THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION

AUCTION DATE: DECEMBER 12, 2017 I _______________________________________________________ hereby authorize

(print name of bidder-principal)

_____________________________________________________ to bid on my behalf

(print name of bidder in attendance)

at public auction for the following properties:

Identify below the parcel(s) on which bidding is authorized:

Limiting Instructions (if none, so state):

Signature of bidder-principal Date

Company (if applicable)

Address

City, State, Zip

Telephone ( )

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BID CONFIRMATION NEW YORK STATE DEPARTMENT OF TRANSPORTATION

For Property Auctioned on Tuesday, December 12, 2017

Identif ied As:

Surplus Property No. Sample Form

Project

Town/County

Map(s)/Parcels(s)

(I) (We) hereby acknowledge that (I) (we) have this day purchased by public auction the premises described as Surplus Property __________________ in the Surplus Property Auction Brochure for the sum of $________________ dollars. (I) (We) hereby agree to comply with the Terms and Conditions of Sale as included in the Surplus Property Auction Brochure, having paid to the State the sum of $________________ dollars on account toward the purchase price. (I) (We) further agree to forfeit said deposit to the use of the seller should (I) (we) fail to comply with the TERMS AND CONDITIONS OF SALE as defined in the Auction Brochure.

Bidder – Please Print Legibly Telephone

Street Address City, State, Zip Code

1. Total Amount of Bid $

2. Less Earnest Money Deposit $

3. Remaining Balance $

4. Less Remaining Down Payment * (Due within 10 days of bid acceptance)

$

5. Balance Due at Closing ** $

* Items 2 and 4 must equal or exceed 10% of Total Bid (or Sale Price). ** Items 2, 4, & 5 must equal 100% of Total Bid (or Sale Price).

By signing the Bid Confirmation, each bidder and each person signing on behalf of any bidder certif ies, under penalty of perjury, that to the best of their knowledge and belief:

A. The bid price has been made independently without collusion, consultation, communication, or agreement, for the purpose of restr icting competition, as to any matter relating to such bid with any other bidder or with any competitor.

B. No attempt has been made to induce any other person, partnership, or corporation to bid or not to bid for the purpose of restr icting competit ion.

Signature: Date:

Signature: Date:

STATE OF NEW YORK

Notary Public COUNTY OF SUFFOLK