Sale of Vacant Lot

INSTRUCTIONS TO BIDDERS FOR PURCHASE OF
VACANT LAND AT 855 SOMERSET AVE,
LAKEWOOD, NEW JERSEY 08701
BY THE
LAKEWOOD BOARD OF EDUCATION
PROPOSAL # BID 04-2526
Invitation to Bid
A. The LAKEWOOD BOARD OF EDUCATION (hereinafter referred to as the "Board
of Education" or "Board") is seeking bids relating to the purchase of the Vacant Land and
related certain property located at 855 Somerset Ave, Lakewood New Jersey, 08701 as
further described in the specifications herein (collectively, the "Property").
The buyer will take possession of all Property at the location/s, except for personal property
or non-fixed property owned by the Board of Education which may be removed from the
site at the Board's discretion prior to sale.
B. Bids will be received in the Board's Business Administrator's office located at 200
Ramsey Ave., Lakewood, New Jersey 08701 on Tuesday, March 31, 2026,at 10:00
a.m., prevailing time, at which time and place all bids will be publicly opened and read
aloud.
C. The parcel of land in the Township of Lakewood, County of Ocean, and State of New
Jersey commonly known as 855 Somerset Ave, Lakewood New Jersey 08701, and
identified on the tax assessment map of said municipality as Block 209, Lot 1.01 together
with the buildings and other improvements, if any, thereupon and all appurtenances,
fixtures, privileges and easements pertaining to or benefiting said real property.
D. Notice of revisions or addenda to the advertisement or bid specifications will be sent to
prospective bidders in writing no later than seven (7) days prior to the bid opening date,
Saturdays, Sundays and holidays excepted. Said notice will be sent via certified mail,
certified facsimile transmission, email transmission with read receipt, or delivery service
to all persons who have picked up a copy of the bidding documents. It shall be the
responsibility of the bidder to ascertain that it has received all amendments, revisions and
clarifications prior to submitting its bid. Failure to receive notice of any amendment,
revision or clarification when notice is sent or delivered shall not be considered failure by
the Board to provide notice and shall not relieve a bidder from any obligation under its
bid. All amendments, revisions and clarifications issued by the Board, if any, shall be
binding on bidders as a condition of contract.
E. The Board has set a minimum bid amount of $110,000 (One Hundred Ten Thousand
Dollars) for Block 209, Lot 1.01 for the purchase of the Property. pursuant to N.J.S.A.
18A:20-7. The Board reserves the right, upon the completion of said public sale, to accept
or reject the highest bid, whether individually or combined made thereat.
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General Property Description
The school property is located at the Real Property, Block 209, Lot 1.01 of the Lakewood
Township Tax Map. The Real Property consists of a 1.50+- acres of vacant land. The subject
parcel is to be subdivided out of Block 209, Lot 1.01, the Lakewood High School tract located on
the northeast corner of Somerset Avenue and E. 7th Street in the Township of Lakewood, Ocean
County New Jersey. The subject parcel is situated to the rear of the property and located in the R-
12, Residential zone which requires 12,000 square feet. Upon subdivision, it appears that there is
a Category One waterway and the subject parcel is substantially encumbered by wetlands. The
highest and Best Use is determined to be passive recreation or wetlands mitigation.
Water and Sewer are served by the local Municipal Utilities Authority. Electricity is provided by
JCP&L. Natural gas is provided by New Jersey Natural Gas.
Obligation of the Bidder
At the time of the opening of the bids, each bidder will be presumed to have inspected the Property
and to have read and become thoroughly familiar with the Notice to Bidders, Instructions to
Bidders, Bid Specifications and any other bidding documents. The failure or omission of any
bidder to receive or examine any form, instrument or document, or to visit the Real Property to
review existing conditions, shall not relieve the successful bidder from the obligation to purchase
the Property from the Board of Education. A claim of mistake or omission will likewise not excuse
a bidder from any obligation under its bid. The buyer is responsible for all due diligence of the
Real Property, including familiarization with all zoning requirements, property limitations or
inspection requirements, if any.
Stockholder or Partnership Disclosure Statement
A. Pursuant to P.L. 1977, Chapter 33 (N.J.S.A. 52:25-24.2), all corporations and
partnerships shall submit a statement with its bid which sets forth the names
and addresses of all stockholders in the corporation or partnership who own 10%
or more of its stock or of all individual partners in the partnership who own a
10% or greater interest therein. If one or more such stockholder or partner is
itself a corporation or partnership, the stockholders holding 10% or more of that
corporation's stock or the individual partners owning 10% or greater interest in
that partnership shall also be listed. The disclosure shall be continued until
names and addresses of every non-corporate stockholder and individual
partner exceeding the 10% ownership criteria have been listed.
B. Any bidder whose stockholders or partners own less than ten percent (10%) of
the stock or partnership interest, as the case may be, shall certify such fact to the
Board of Education.
C. A Stockholder Disclosure Statement is included as part of the bidding documents.
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Pre-Bid Inspections
Pre-bid inspections of the Property may be scheduled by appointment only from March 23
thru March 27, 2026 between the hours of 9:00 a.m. and 2:00 p.m. by contacting the
Purchasing Manager, Diane Piasentini at 732-905-3574 or
dpiasentini@lakewoodpiners.org. You may also contact Mr. Charles DePeri, Supervisor of
Buildings & Grounds, at 732-575-3293 or cdeperi@lakewoodpiners.org. Bidders may
inspect the Property at their option. Inspection is not required but is strongly recommended.
Bidders may review the Board's asbestos management plan documents during ordinary business
hours upon reasonable advance notice. Bidders shall hold the Board harmless against claims for
injuries and/or damages which arise as a result of any entry onto the Real Property, including
without limitation, any inspection, examination or survey conducted.
Bidders or anyone acting on behalf thereof, shall not perform any work on the property without
expressed written consent by the Board, including, but not limited to, inspections or testing of any
kind to the land or structures. The Board may request written notice from Bidder detailing what
work Bidder seeks to perform.
Bidders should take note, however, that the Agreement of Sale will not contain any
inspection contingencies since the Property is being sold "AS IS." Therefore, any and all
inspections and due diligence must take place prior to the submission of bids, the sole exception
being a Phase I environmental study, if required by Bidder's lender, which must be ordered and
conducted within 30 days of the execution of the Agreement of Sale.
Preparation of Bids
A. Bidders shall comply with the requirements contained in the Notice to Bidders, these
Instructions to Bidders, Bid Specifications and any other bidding documents.
B. All bidders must use and complete the following forms in their entirety and provide the
following items in their bid submission:
1. Bid Form (attached)
2. Affidavit of Non-Collusion (attached)
3. Stockholder or Partnership Disclosure Statement (attached)
4. Security Deposit
5. Corporate Resolution (if applicable)
6. Iran Contribution Disclosure Form (attached)
7. Prohibited Activity in Russia or Belarus (attached)
C. Bids must be submitted on the form of proposal furnished by the Board of Education.
Where the bidder is a corporation or a partnership, the person submitting the bid must
certify that he/she is duly authorized to submit a bid on behalf of the corporation or
partnership (See Corporate Resolution form included as part of the bid documents). The
corporate seal should be affixed to the bid and other documents where required. No
conditions, limitations or provision may be placed on a bid.
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D. Bids shall be submitted in a sealed opaque envelope marked on the front of the envelope
as follows: "Public Bid for Purchase of Vacant Land at 855 Somerset Ave,
Lakewood, NJ 08701, BID 04-2526"
E. No bid may be withdrawn for a period of sixty (60) days from the opening of the bids.
Security Deposit
A. Every bid must be accompanied by a Security Deposit in the form of a certified check,
cashier's check or money order, payable to the LAKEWOOD BOARD OF EDUCATION,
in an amount equal to $20,000 (Twenty Thousand Dollars) All deposits, other than those
for the three highest bidders, will be returned, upon request, within ten (10) business days
after the bid opening date. The deposits of the three highest bidders shall, however, be
retained until either: (1) Three (3) days after the Board of Education awards the sale to the
highest bidder, or (2) all bids are rejected by the Board of Education. No interest will be
paid on the deposit while in the Board's possession.
B. Since damages arising from the successful bidder's failure to execute an Agreement of Sale
of the Property when required would be difficult to determine, the successful bidder shall
forfeit their $20,000 as liquidated damages for failing to enter into said Agreement of Sale.
In the event the successful bidder enters into an Agreement of Sale and subsequently
breaches the executed Agreement of Sale after all contingencies have been met, the Board
shall retain the earnest deposit monies paid pursuant to the bid documents/contract as a
partial, nonexclusive measure of damages. In any instance, nothing contained herein shall
preclude the Board from instituting a lawsuit against the successful bidder for specific
performance and/or for breach of contract.
C. The bid deposit shall be retained by the Board of Education as security for faithful
performance of buyer's obligations and shall be applied towards the purchase price at the
closing. For the avoidance of doubt, the bid guarantee shall not be deemed the initial deposit
or any portion thereof.
Board of Education Acceptance of Bid
A. As required by N.J.S.A. 18A:20-7, with regard to the sale of property only, the Board will
accept or reject the highest bid no later than the second regular meeting of the Board of
Education following the bid opening. The Agreement of Sale, if awarded, shall be awarded
to the highest responsible bidder in the Board's discretion. Whenever two or more bids are
equal, the Board of Education has the absolute discretion to accept either bid.
B. If the highest responsible bidder is not a resident of the State of New Jersey, then the
bidder shall designate a proper agent in the State of New Jersey upon whom process may
be served as a condition precedent for the awarding of successful bid. If the highest
responsible bidder is a business entity that is not qualified to conduct business in the State
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of New Jersey, then the awarding of the successful bid is conditioned upon the bidder
filing a certificate of doing business in the State of New Jersey and complying with the
provisions of N.J.S.A. 14A:13-1 et seq.
C. The Board of Education reserves the right to waive any irregularity or informality in the
bidding process if it is in the Board's best interest to do so, and further reserves the
right to reject the highest bid made, which waiver or rejection shall be made not later
than its second regular meeting following the bid opening date. In the event that the
Board refuses to accept or reject any such highest bid by that date, said bid shall be
deemed to have been rejected. Additionally, the Board may reject any bid if it determines
it to be in the public interest to do so. No bid shall be deemed accepted until the
adoption of a formal resolution by the Board of Education.
Political Contribution Disclosure
The bidder is advised that it may have a responsibility to file an annual disclosure statement on
political contributions with the New Jersey Election Law Enforcement Commission pursuant to
N.J.S.A. 19:44A-20.13 (P.L. 2005, c.271, s.3) if the Bidder is a business entity that receives
contracts in excess of $50,000 from public entities in a calendar year. It is the bidder's
responsibility to determine if filing is necessary. Additional information on this requirement is
available from ELEC at 888-313-3532 or at www.elec.state.nj.us.
Form of Agreement of Sale
The Agreement of Sale in the form attached hereto as Schedule A shall be delivered to the
successful bidder within three (3) business days of the Board's acceptance of the bid, or such other
time as the Board may direct. By submitting a bid, Buyer warrants it has reviewed the Agreement
of Sale and agrees to enter into the Agreement of Sale as written in compliance with the terms
listed therein, which shall be considered a material part of these specifications. These
specifications and the Agreement of Sale shall form the final sale agreement between the parties.
Disclosure of Investment Activities in Iran
Pursuant to N.J.S.A. 52:32-55 et seq. and N.J.S.A. 18A:18A-49.4, a person or entity listed on the
Department of the Treasury's List of Persons or Entities Engaging in Prohibited Investment
Activities in Iran shall be ineligible to bid on, submit a proposal for, enter into or renew a contract
with a State agency and other public entities, such as a board of education. Additionally, any person
or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract shall
certify at the time the bid is submitted that the person or entity is not identified on the above-
mentioned list as a person or entity engaging in investment activities in Iran. A form is included
as part of the bidding documents.
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SPECIFICATIONS FOR SALE OF VACANT LOT AT 855 SOMERSET
AVE, LAKEWOOD, NEW JERSEY 08701
Disclaimers
Bidders should note that all information provided herein is to the best of the Board's knowledge,
and the Board does not guarantee the accuracy of the information. More particularly, bidders shall
take note of the following:
A. The Board has determined that the Properties are no longer necessary for school purposes,
a prerequisite to disposal of the Properties by way of a public sale. The Board and
its members, servants, employees and/or agents have no special training, knowledge
or experience with respect to the complexities pertaining to the multitude of structural,
topographical and environmental components of the Properties. For example, and not by
way of limitation, the Board has no special training, knowledge or experience with regard
to discovering and/or evaluating physical defects including structural defects; roof;
basement; mechanical equipment such as heating; electrical systems; sewage; plumbing;
exterior drainage; and/or termite and other types of insect infestation or damage caused
by such infestation. Moreover, the Board and its members, servants, employees and/or
agents similarly have no special training, knowledge or experience with regard to
evaluation of possible environmental conditions which might affect the Property
including, but not limited to, those conditions pertaining to the building such as the
existence of radon gas, formaldehyde gas, airborne asbestos fibers and toxic chemicals,
or any other pollutants in the soil, air or water.
B. The Board is in possession of an asbestos management plan which will be available for
inspection by all bidders prior to the opening of bids. The plan indicates the presence of
asbestos in certain portions of the building as detailed more specifically therein.
C. The Board and its members, servants, employees and/or agents have no special training,
knowledge or experience with respect to zoning ordinances or the permitted uses of the
Property. No representations are made as to whether the Properties are properly zoned
for the intended use by a bidder.
D. Any and all representations and/or statements made by the Board shall not survive the
closing of Title on the Property. This means that the Board does not guarantee the condition
of the Property after the deed has been delivered to the successful bidder at the closing of
Title.
E. The bid will be awarded, and the Agreement of Sale entered into, based on the knowledge
of the parties as to the value of the land and whatever buildings or other improvements
are thereupon, and not on any representation made by the Board of Education or its
members, servants, employees and/or agents as to character or quality. This means that
the Property is being sold "AS IS." All Due Diligence is the buyer's responsibility. No
representation or warranty of any kind will be provided by the Board.
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F. Pursuant to this Agreement, the Board may provide Bidder with material, data, and
information that is readily available in its files to Bidder during the Inspection
Period. Except as expressly stated herein, the Board makes no representation or warranty
as to the truth, accuracy or completeness of any materials, data or information delivered by
Bidder or its agents to Bidder in connection with the transaction contemplated hereby.
Bidder acknowledges and agrees that all materials, data and information delivered by the
Board to Bidder in connection with the transaction contemplated hereby are provided to
Bidder as a convenience only and that any reliance on or use of such materials, data or
information by Bidder shall be at the sole risk of Bidder, except as otherwise expressly
stated herein and except in the event Bidder expressly and in writing warrants and represents
that the Board is not aware of any of such materials, data or information, which proves to
be inaccurate or false. Except as to a breach or violation of any representation or warranty
set forth in this Contract, neither the Board nor any affiliate of the Board nor the person or
entity which prepared any report or reports delivered by the Board to Bidder shall have any
liability to Bidder for any inaccuracy in or omission from any such reports.
G. Bidder represents and guarantees that they are duly authorized to enter into this Contract
and subsequent Agreement of Sale. This Contract has been duly authorized, executed and
delivered by Bidder, is the valid and binding obligation of Bidder, and does not violate any
provision of any agreement or judicial order to which Bidder is a party or to which Bidder
is subject of.
H. Bidder has not made a general assignment for the benefit of creditors, filed any voluntary
petition in bankruptcy or suffered the filing of an involuntary petition by Bidder's creditors,
suffered the appointment of a receiver to take possession of all, or substantially all, of
Bidder's assets, suffered the attachment or other judicial seizure of all, or substantially all,
of Bidder's assets, admitted in writing its inability to pay its debts as they come due or made
an offer of settlement, extension or composition to its creditors generally.
Timelines for Sale
The sale of the Property shall take place in accordance with the following timeline:
1. Action on the bid shall take place no later than the second regular meeting of the
Board following the bid opening.
2. The blanks in the form of Agreement of Sale shall be completed with the insertion
of the information based on the bid and shall be sent to the bidder no later
than three (3) business days after acceptance of the bid, or at such other time as
the Board may direct. The successful bidder shall return the executed Agreement
of Sale to the Board within five (5) business days of receipt of the Agreement of
Sale from the Board. The successful bidder's failure to return the executed
Agreement of Sale to the Board within such five (5) business day period shall, in
the Board's discretion, entitle the Board to retain the successful bidder's bid
deposit, to rescind the award to the successful bidder, and to select another bidder
(or re-bid the Property for sale).
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Contingencies
The Board has obtained the written approval of the sale of Property by the New Jersey
Department of Education. If the successful bidder requires financing to purchase the Property,
and such financing is not obtained within sixty (60) days of the date of the execution of the
Agreement of Sale, the Board may terminate the Agreement of Sale and retain the successful
bidder's bid deposit.
Building Property and Fixtures N/A
Additional Property Restrictions
Bidders are responsible to investigate any zoning requirements and potential necessary variances
for any intended use.
In all cases, the Property is being sold "AS-IS, WHERE-IS, WITH ALL
FAULTS." By submitting a bid, Bidder expressly acknowledges this provision
and hereby waives and covenants any right to pursue a claim against the Board
with respect to this transaction.
Minimum Purchase Price:
The Board has established a minimum bid for the purchase of the property in the amount of One
Hundred Ten Thousand Dollars ($110,000) for the vacant parcel of land at 855 Somerset Ave,
Lakewood NJ 08701, Lakewood NJ (Block 209, Lot 1.01) Bids must equal or exceed this
combined amount or individual amounts for consideration.
Initial Deposit
Within five (5) business days of executing the Agreement of Sale, the successful bidder shall cause
to be deposited with the Board, either through wire transfer or certified bank check, an initial deposit
of five percent (5%) of the purchase price (the "Initial Deposit"). Should the successful bidder
breach the executed Agreement of Sale, the Initial Deposit shall become the property of the Board
of Education and will not be subject to return or refund. Should the successful bidder complete the
sale, the Initial Deposit shall be applied towards the purchase price.
Mortgage Commitment
If the successful bidder indicates on the bid form that it will be required to obtain a mortgage for
the purchase of the Property, bidder shall, with its bid, submit a commitment letter from a lender
evidencing bidder's preapproval for obtaining the mortgage in the amount necessary to complete
the purchase. The mortgage commitment shall remain valid for at least ninety (90) days beyond
the date of the bid award.
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FORMS TO BE RETURNED
WITH BID PROPOSAL
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BID 04-2526
PROPOSAL FORM.
SALE OF VACANT LOT AT 855 SOMERSET AVE, LAKEWOOD, NJ 08701
PROPOSED SALE PRICE:
The undersigned hereby proposes, and agrees, if the proposal is accepted by the Lakewood Board of Education,
to enter into an Agreement of Sale for the purchase of the Following:
1. Vacant Lot at 855 SOMERSET AVE
_____________________________________________ / $__________________________
(Write Out Dollar Amount) (Numerical Value)
The bidder hereby advises that a mortgage:
WILL be required to fund this purchase
WILL NOT be required to fund this purchase
If the answer to the above question is that a mortgage WILL be required to fund the
purchase, bidder represents that:
The dollar amount of such funding shall be: $_______________________
Date funding was/will be requested from approval authority_____________
The date such approval was/is expected to be granted __________________
BID SECURITY: Enclosed with this bid form is a deposit in the form of a certified
check, cashier's check or money order payable to the LAKEWOOD BOARD OF
EDUCATION, equal to $20,000.00, as required by the specifications.
Submitted by:
Name of Bidder
Address
Phone Number
Email
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