Auction Terms & Conditions
This is a 10% Buyers Fee sale. Successful high bid plus the 10% Buyers Fee shall equal the total price offered. 10% of total purchase price will be required as earnest money upon acceptance of the Sales Contract. Closing within 30-45 days of sale. Property sells As Is, Where Is, No Contingencies, No Exceptions. Starting bid of $20,000 is for both lots and meets the reserve; Bid increments of $100. When the starting bid is met, lots will sell to the highest bidder.
Included in sale price: Parcels maps and a letter from the City of Watertown that the two lots, 753 and 757 Sand Street, located in the City of Watertown are currently recorded as buildable lots, zoned Single-Family Residential.
Not included in sale price: The cost of developing Sand Street to access 753 Sand and 757 Sand Street. This cost is the responsibility of the buyer.
ALL TERMS & CONDITIONS Apply and Become Part of Any Offer
1. Online Bidding Only: Bidding ends Thursday, August 31, 2017,3:00 p.m. (CT). Starting bid
for this sale is $20,000 with $100 bid increments. Starting bid meets reserve.
These vacant lots sell As Is, Where Is, No Contingencies or Exceptions. All terms and conditions apply
and become part of any offer. Seller reserves the right to accept, reject or counter any offer.
2. This is a 10% buyers fee sale. The successful high bid plus the 10% buyers fee equals the total
price offered. 10% of total purchase price will be required as earnest money upon acceptance of the
Sales Contract. Upon accepted offer all earnest money becomes non-refundable. Closing within
30-45 days of the end of the sale.
3. Qualification for financing must be approved prior to the sale. Bidding is not contingent upon
financing. You are responsible for the balance of the purchase price at closing within 30-45 days of
the end of the sale. Possession shall be given at closing.
4. Winning bidder is contractually bound and will enter into a Contract to Purchase
immediately upon being declared the successful bidder by the auctioneer. Upon the close of the
sale the winning bidder will be forwarded via email a Contract to Purchase. A signed copy of
the contract must be received by Unified Jones Auction & Realty by end of business or 5:00 P.M.
(Daylight Saving Time), Thursday, August 31, 2017. Contract to Purchase may be hand delivered,
faxed to (920) 261-6830 or emailed to firstname.lastname@example.org
In the event the buyer refuses to sign the Contract to Purchase and tender the earnest
money deposit the auctioneer may resell the property. The original buyer shall be
responsible for any damages and expenses for resale and collection, including reasonable
attorneys fees. The only condition under which the earnest money and prepaid closing shall
be refunded is if the seller fails to confirm or accept the bid or is unable to deliver clear title.
If buyer refuses for any reason to close, the earnest money and prepaid fees will be
forfeited. All earnest money, less incurred expenses, will be given to the seller. Upon
acceptance of Contract to Purchase by both parties, earnest money becomes non-refundable.
5. The sale will be subject to existing zoning, ordinances, roads, restrictions of record
and easements of record. Real Estate taxes for the year of closing will be prorated
to the date of closing. Seller will provide and arrange for all title evidence.
All contracts will be prepared by the listing broker to be entered into the date of the
auction. Seller will convey title by warranty deed free and clear of all liens and
encumbrances. Any zoning or use permits, if needed, will be at the buyer’s expense.
6. Unified Jones Auction & Realty has been contracted as an agent of the
seller to offer this property AS IS, WHERE IS with no warranties to buildings, wells
or septic systems. Requirements to meet DILHRs energy code are the responsibility
of the buyer.
7. This information is from sources deemed reliable but no warranty or representation
is made to its accuracy. Any information on this auction is subject to verification and
no liability for errors, omissions or changes are assumed by Unified Jones Auction & Realty
as an agent of the seller or the seller.
8. Under no circumstances shall bidder have any kind of claim against Unified Jones Auction & Realty
as an agent of the seller, seller, or anyone else if the internet service fails to work correctly.
9. This property sells AS IS, WHERE IS condition without warranty of any kind,
expressed or implied, No Exceptions Whatsoever. Buyers should verify all information
to their satisfaction. Make all inspections and financing arrangements prior to the end of
bidding. Buyer acknowledges and agrees that Seller has not made and is not making any
representation statement, or warranty to Buyer about the Property, including, but not
limited to, physical aspects and condition of any portion of the Property, including
personal property included in this transaction, if any, condition of soil, feasibility,
desirability, suitability, fitness or adaptability of any part of Property, including personal
property included in this transaction, if any, for any particular use, availability of any utility
service, assessments, fees or charges that may be assessed against the Property, value of
Property or projected income and expenses, or any other matter. Buyer is purchasing
Property in an AS IS and WHERE IS condition and acknowledges that Buyer must rely
solely on Buyers own investigation of Property. All prior negotiations and discussions have
been merged into this Offer to Purchase. Buyer acknowledges and agrees that Buyer has
not and will not rely on any representation or statement made by Seller and waives any and
all claims against Seller or its agents for any misrepresentation, negligence, fraudulent
advertising under section 100.18 of the Wisconsin Statutes, or breach of warranty.
10. All buyers must acknowledge and accept the Terms and Conditions provided at the
time of online registration. All Terms and Conditions apply and become part of any offer.
11. Buyer acknowledges that Seller has given Buyer adequate time and opportunity to inspect
the Property and Buyer has either already exercised this opportunity to inspect to the
extent that Buyer deems appropriate or knowingly agreed to waive such opportunity.
12. Auctioneer is licensed by the Wisconsin Department of Licensing & Regulation.
13. This property is offered for sale to qualified purchasers without regard to perspective
purchasers race, color, sex, marital status, religion or national origin.
Winning bidder is contractually bound and will enter into Contract to Purchase immediately upon being declared the successful bidder by the auctioneer. (Paragraph 4 of Terms and Conditions) Upon the close of the auction the winning bidder will be forwarded a Contract to Purchase via email or fax. The signed copy must be returned to Unified Jones Auction & Realty before end of business or 5:00 P.M. (CT), Thusday, August 31, 2017. The Contract to Purchase may be hand delivered, faxed to (920) 261-6830, or emailed to: email@example.com
10% of total purchase price as earnest money will be due upon acceptance of the Sales Contract. Bidding is not contingent upon financing. All financing arrangements must be made prior to the end of the bidding.
The successful bidder is required to pay 10% of total purchase price as earnest money with a cashiers check, or approved personal check with Bank Letter of Guarantee submitted to our office.
Upon accepted offer all earnest money becomes nonrefundable.
Contact us at (920) 261-6820 with questions.
Seller: ___________________________________________ Date: _______________
Buyer: ___________________________________________ Date: _______________
Broker: __________________________________________ Date: _______________
PLEASE READ Carefully and Completely the following information from The City of Watertown, March 29, 2017 pertaining to these lots:
This letter is in regards to two properties, 753 Sand Street and 757 Sand Street, located in the City of Watertown. The contents of this letter are applicable as of the date of this letter, March 29, 2017, and are subject to change. 753 Sand Street and 757 Sand Street, as they are currently recorded are buildable lots. These two lots, 753 Sand Street and 757 Sand Street, are zoned Single-Family Residential (SR-4). Under Section 550-248, the following are a list of allowable principal land uses:
B. List of allowable principal/and uses (per Article Ill).
(1) Principal/and uses permitted by right (per§ 550-45A):
(a) Single-family: lot of 8,000 square feet.
(c) Selective cutting.
(d) Passive outdoor public recreation.
(e) Active outdoor public recreation .
(f) Public services and utilities.
(g) Community living arrangement (one to eight residents).
(2) Principal/and uses permitted as conditional use (per§ 550-45B):
(b) Indoor institutional .
(c) Outdoor institutional.
(d) Community living arrangement (nine to 15 residents) .
(e) Bed-and-breakfast establishments .
753 Sand Street and 757 Sand Street are both located in the floodplain of the Rock River. The entirety of 753 Sand Street and portions of 757 Sand Street are located in the Flood Fringe district of the floodplain. Under Section 532-18A through Section 532-18C(2):
Flood-fringe district (FF).
A. Applicability. The provisions of this section apply to all areas within the flood-fringe district, as
shown on the official floodplain zoning maps, and to those portions of the general floodplain district that are determined to be in the flood-fringe area.
B. Permitted uses. Any structures, land use or development, including accessory structures and uses, are allowed within the flood-fringe district and flood-fringe portions of the general floodplain district, provided that the standards contained in§ 532-16A and Subsection C below are met, that the use is not prohibited by any other ordinance or local, state or federal regulation, and that all permits or certificates required under this chapter have been issued.
C. Standards for developments in flood-fringe areas. All of the provisions of§ 532-16A shall apply in addition to the following requirements according to the use requested:
(1) Residential uses. Any structure or building used for human habitation which is to be erected, constructed, reconstructed, altered or moved into the flood-fringe area shall meet or exceed the following standards:
(a) The lowest floor, excluding the basement or craw/way, shall be placed on fill at or above the flood protection elevation (which is a point two feet above the regional flood elevation) except where Subsection C(1)(b) is applicable. The fill elevation shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure.
(b) The basement or craw/way floor may be placed at the regional flood elevation, provided that it is floodproofed to the flood protection elevation. No permit or variance shall allow any floor, basement or craw/way below the regional flood elevation.
(c) Contiguous dry land access, defined in § 532-49 as a vehicular access route above regional flood elevation, shall be provided from a structure or building to land which is outside the floodplain, except as provided in Subsection C(1)(d) below.
(d) In existing developments where existing streets or sewer fines are at elevations which make compliance with Subsection C(1)(c) above impractical, the municipality may permit new development and substantial improvements where access roads are at or below the regional flood elevation, provided:
[1} The municipality has written assurance from the appropriate focal units of police, fire and emergency services that rescue and relief will be provided to the structure(s) by wheeled vehicles, considering the anticipated depth, duration and velocity of the regional flood event; or
[2} The municipality has a DNR-approved emergency evacuation plan.
(2) Accessory structures or uses. An accessory structure or use (not connected to a principal structure), including nonresidential agricultural structures, shall meet all the applicable provisions of § 532-17C(2) and D.
It should also be noted that a small portion of 753 Sand Street is located in the Flood Way district of the floodplain. Under Section 532-17C(2):
(2) Structures. Only structures which are accessory to permitted open space uses, or are essential for historical areas, or are functionally dependent on a waterfront location, may be allowed by permit, provided the structures meet all of the following criteria:
(a) The structures are not designed for human habitation or associated with high flood damage potential;
(b) The structures do not obstruct the flow of floodwaters or cause any increase in flood
levels during the occurrence of the regional flood. Structures shall be constructed with the
longitudinal axis parallel to the direction of flow of floodwaters, and approximately on the same line as those of adjoining structures;
(c) The structures are firmly anchored to resist flotation, collapse and lateral movement; and
(d) The structures have all service facilities, such as electrical and heating equipment, at or above the flood protection elevation for the particular area and shall have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, the bottom of all such openings being no higher than one foot above grade. The openings shall be equipped with screens, louvers or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.
The onus is on the property owner of 753 Sand Street and 757 Sand Street to delineate all floodplain boundaries. The delineation must be compliant with Chapter 532 of the City of Watertown General Code and Wisconsin Statute NR 116. Along with any required delineation, any development in the Flood Fringe would require a CLOMR and a LOMR, with the possibility that both a CLOMR-F and LOMR-F would be required. The cost and responsibility of delineation, CLOMR and LOMR (possible CLOMR-F and LOMR-F) fall upon the property owner.
It should also be noted that the onus of developing (including costs) Sand Street to access 753 Sand Street and 757 Sand Street is on the property owner. This development must also comply with applicable City of Watertown Code. Including, but not limited to, Section 532-18C(6):
(6) Public utilities, streets and bridges should be designed to be compatible with the local comprehensive floodplain development plans and:
(a) When failure or interruption of public utilities, streets and bridges would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area, construction of and substantial improvements to such facilities may only be permitted if they are floodproofed to the flood protection elevation in compliance with § 532-42.
(b) Minor or auxiliary roads or nonessential utilities may be constructed at lower elevations, provided that they withstand flood forces to the regional flood elevation.
Sebae Data Solutions, Inc.
SERVICE TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Sebae Data Solutions, (the makers of Auction Flex & HiBid (formerly Bidopia) hereafter referred to as "Sebae"), provides its service to you, subject to the following Terms & Conditions ("TAC"), which we may update from time to time without notice to you. The most current version of the TAC can be found found at any time by visiting the link: http://www.auctionflex.com/showtandc.ap
USE AND REGISTRATION
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our service. If you are registering as a business entity, you represent that you have the authority to bind the entity to the TAC.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Bidder Information") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sebae has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sebae has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
DESCRIPTIONS OF SERVICE
Sebae provides the following services under the Auction Flex & HiBid trademarks: Integrated Web Service (for auctioneers), internet bidding (absentee, online-only, & webcast). You can learn more about these services in the following sections.
HIBID INTERNET AUCTION PLATFORM & WEB SERVICE DESCRIPTION
Sebae provides the HiBid (formerly Bidopia) Internet Auction Platform & Web Service ("HWS") under the HiBid trademark as a software solution for auctioneers wishing to extend the audience of their live auctions to the internet. The HWS provides various features including internet absentee bidding, internet-only auctions, and webcast auctions.
The HWS is able to changes its appearance to coincide with the website that it is powering. Accordingly, the HWS powers the www.hibid.com website as well as numerous Auction Flex customer websites. This ability to change appearance is a feature of the HWS. Much like internet merchant account providers can host a secure web page for a vendor to easily process payments, the HWS hosts certain portions of the auctioneer's website to easily enable advanced features such as internet bidding.
INTERNET ABSENTEE BIDDING
Internet absentee bidding allows you to place a bid for an item in advance of an auction. This allows you to place bids on lots without actually attending the auction.
Internet only bidding allows you to place a bid for an item prior to the auction lot closing online. In an internet-only auction there is no live auction.
Webcast auctions allow you to bid in real-time against other bidders or place pre-bids prior to a lot going "live".
Lots are sold in accordance with the Auctioneer's terms and conditions which are accessible from each lot's page. It is your responsibility to read and accept the Auctioneer's terms and conditions prior to placing your bid.
When you place a bid you are agreeing to be bound by the Auctioneer's & Sebae's terms and conditions. By placing a bid you are entering into a legally binding and enforceable contract. Please keep in mind that you are bidding against other internet bidders as well as floor bidders, phone bidders, and regular absentee bidders (this list does not constitute a complete list of bidder types but does highlight the common bidder channels).
The auctioneer, at their discretion, can approve or deny bidders. The auctioneer reserves the right to accept or deny bidders for any reason. Prior to approval the auctioneer may contact you to determine your credit worthiness. If the auctioneer approves your bid, the auctioneer will then process your bid in accordance with their terms and conditions.
Should your bid for a lot prove successful, the auctioneer may contact you to arrange for payment & shipping (if applicable). If the auctioneer required registration via a credit card, the auctioneer reserves the right to process your winning bids to the credit card provided during registration.
Sebae, through the Auction Flex & HiBid products & services, facilitates the internet bidding process between the Auctioneer & the bidder. Sebae is in no way a party to the transaction. Because Sebae is not a party to the transaction, you accept that you will have no claim or cause of action against Sebae in respect of the sale (or non-sale) of any Lot. If you have a dispute with an Auctioneer or another user of the Service with regard to the sale (or non-sale) of any Lot you agree that Sebae, its officers, agents, employees will not be liable for losses (including, but not limited to, loss of profits, special loss, indirect loss and consequential los), costs, damages, liabilities, claims, demands and expenses of any kind arising out of or connected with such dispute. You also accept that none of the aforementioned are under any obligation to take any action to resolve any dispute between you and an Auctioneer
Sebae is not responsible for any typographical, pictorial or technical errors in information about Lots on the Site as provided by Auctioneers. Sebae does not evaluate Lots and does not act as a specialist or expert on any related subject matter. Sebae makes no warranties or representation of any kind or nature with respect to Lots (including but not limited to representations or warranties as to the accuracy of description, genuineness, quality, authorship, attribution, provenance, period, culture, source, origin or safety). If you have any questions, e-mail the Auctioneer directly. In particular, make sure that you understand the Auctioneer's payment terms and shipping terms.
The Service requires you to login with your username and password prior to placing a bid on a Lot. Making bids with false information or with stolen credit card information is prohibited and illegal.
Your user name and password are required in order to place internet bids. Making bids in a false name or with an invalid or stolen credit card is prohibited. Each bid carries the computer coding of the Internet provider which allows the individual user to be traced and Sebae may at its discretion release this information to enable legal action to be taken. Sebae may, in its entire discretion, refuse or remove bids where it suspects that bids contravene this prohibition. By placing a bid, you are making a binding and irrevocable offer to purchase the Item at any price up to the maximum bid amount you submit. If you win, you must complete the transaction, subject to any contractual right or other right at law to rescind the contract in certain circumstances. Failure to complete transaction without lawful reason is not only a breach of your contract with the Seller but also a breach of this User Agreement.
The amount bid can be increased but cannot be decreased. The auctioneer may, at their discretion, allow you to withdraw and resubmit a bid in the case of bids containing an obvious typographical error. You may forward a request to withdraw a bid and resubmit a correct bid by immediately sending an email to the auctioneer, however, there is no guarantee that any bid will be withdrawn. Although Sebae will use best efforts to forward all bids, Sebae does not accept any responsibility for lost bids or problems with the recipient auctioneer's ability to process your bid. Moreover, Sebae cannot guarantee that bids received will be processed by the individual auctioneers.
Please note that Sebae's role is limited to the provision of the Site for dissemination and publication of information provided by the Sellers.
THE WINNING BID
The winning bid in an auction will be the highest bid that exceeds any reserve (if a reserve exists). In the case of equal bids, the earliest bid received will be the winning bid. If a higher bid is subsequently withdrawn or removed then the auctioneer shall have the right to accept the next highest bid.
NOTICE OF END OF SALE, PAYMENT & SHIPPING
After the sale has ended, the auctioneer will notify the winning bidder via phone, fax or mail that they have won. If you do not receive notice that you have made the winning bid and think that you are the top bidder, you should check with the auctioneer directly. You will make all payment for Items to the auctioneer in accordance with their terms and conditions.
BUYER'S PREMIUM, TAXES AND DUTIES
If you are a successful bidder, you are responsible for paying any buyer's premium, taxes and duties (including any VAT, sales tax and import duties) that may be imposed on the final price paid for an Item. Accordingly, it is your responsibility to check the applicable taxes and duties that may be imposed on an Item prior to bidding for it.
All material and content as provided by the Service is protected by copyright and similar rights. You can not use or make available any of that material for any commercial purpose.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
a. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sebae expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. Sebae makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
c. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
d. no advice or information, whether oral or written, obtained by you from Sebae or through or from the service shall create any warranty not expressly state in the TAC.
LIMITATION OF LIABILITY
You expressly understand and agree that Sebae shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sebae has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of of the previous two sections titled 'Disclaimer of Warranties' and 'Limitation of Liability' may not apply to you.
You agree to indemnify and hold Sebae harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
The TAC constitute the entire agreement between you and Sebae and govern your use of the Service, superseding any prior agreements between you and Sebae. The TAC and the relationship between you and Sebae shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Sebae agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Marion, Florida. The failure of Sebae to exercise or enforce any right or provision of the TAC shall not constitute a waiver of such right or provision. If any provision of the TAC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TAC remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TAC must be filed within one (1) year after such claim or cause of action arose or be forever barred.