CITY OF PALESTINE
INVITATION TO BID
SEALED BID RFP –2015-3
SALE OF PALESTINE MALL PADSITE LOT A
PADSITE A AVAILABLE FOR VIEWING:
Anytime at Your Convenience
TABLE OF CONTENTS
1. Instructions
2. Property Information
3. Bid Form and General Conditions
Attachment 1. Purchase Agreement
Attachment 2. Certification of No Debts Owed to the City of PalestineTexas
Attachment 3. List of Properties Owned within the City of Palestine
Attachment 4. Additional Bidder Information Form
Attachment 5. Conflict of Interest Statement
Attachment 6. $2,500 Cashier’s Check or Money Order or Irrevocable Letter of
Credit in a form acceptable to the City – Bid Deposit/Earnest
Money
Attachment 7. Legal Description (Metes and Bounds)
INSTRUCTIONS
Sealed Bid RFP – 2015-3
Sale of Palestine Mall Pad Site Lot A
2000 South Loop 256, Palestine, TX 75801
YOU MUST SUBMIT A COMPLETE BID
OR
IT MAY BE DISQUALIFIED
I. GENERAL INFORMATION
A. Read the Instructions, General Conditions, Bid Form and all attachments carefully.
B. Complete ALL of the following:
Bid Form
Attachment 1. Purchase Agreement
Attachment 2. Certification of No Debts Owed to the City
Attachment 3. List of Properties Owned with the City of Palestine, TX
Attachment 4. Additional Bidder Information Form
Attachment 5. Conflict of Interest Statement
Attachment 6. $2,500 Cashier’s Check or Money Order
Bid Deposit/Earnest Money
Attachment 7. Legal Description (Metes and Bounds)
C. Submit your bid for the Property in a sealed envelope to:
City of Palestine
Attn: Denise Carroll, Purchasing
504 North Queen Street
Palestine, TX75801
with the following words typed on the exterior of the envelope:
SURPLUS PROPERTY SALE
SEALED BID RFP – 2015-3
SALE OF PALESTINE MALL PAD SITE LOT A
TO BE OPENED: June 22, 2015
D.All bids must be received at the City of Palestine, 504 North Queen Street, Palestine, TX 75801, no later than 2:00 p.m. on June 22, 2015.
E.You may, but are not required to attend the bid opening, which will be in the City Council Chambers, 504 North Queen Street, Palestine, TX75801 at 5:30 p.m. on June 22, 2015
F.ALL SALES ARE SUBJECT TO APPROVAL OF THE CITY OF PALESTINECITY COUNCIL.
G.No oral guarantee or assurance concerning the property has been made, and furthermore, no City employee is authorized to make any guarantee or assurance. Bidders are cautioned to investigate the property thoroughly before submitting a bid.
H.No Public Official, employee, or agent of the City shall have any interest in this property that violates federal or state law, including without limitation the provisions of Texas Government Code Chapter 171.
II.RULES FOR BIDDING
A.Bids must be on the official Bid Form, including all attachments and the Bid Deposit/Earnest Money, signed by the authorized representative of the Bidder, and placed in a sealed envelope with the Bid Title and Bid Number on the outside of the envelope.
B.Bids may be mailed or hand-delivered to the address shown below. Responses sent by facsimile transmission or electronic mail will not be accepted.
City of Palestine
Attn: Denise Carroll, Purchasing
504 North Queen Street
Palestine, TX 75801
Sealed Bid RFP – 2015-3 – Sale of Palestine Mall Pad Site Lot A
C.Any questions relating to this Invitation for Bid must be submitted in writing to:
City of Palestine
Attn: Denise Carroll, Purchasing
504 North Queen Street
Palestine, TX75801
Sealed Bid RFP – 2015-3 – Sale of Palestine Mall Pad Site Lot A
D.Bids will be received by the City by 2:00 p.m. on June 22, 2015. NO BIDS WILL BE ACCEPTED AFTER THAT TIME. On that date, all bids will be opened and publicly read aloud at 5:30 p.m. Council Meeting in the City Council Chambers of the City of Palestine, 504 North Queen Street, Palestine, TX 75801.
E.All bids shall remain in effect for 90 days after the due date of the submission.
F.The City Council shall have the final authority to make a final decision, and may select a bid deemed by the City Council to be in the City’s best interest considering the proposed use of the Property, the fiscal soundness of the respondent, and the greatest amount.
G.The City reserves the right to reject any or all responses, to waive any minor irregularities or technicalities, and to accept any response it deems to be in the City’s best interest. The City further reserves the right to reject a response if more than one response is received from an individualentity, or if it is found that collusion exists amongst responders. Incomplete submittals may not be considered.
H.Selection of a successful respondent is subject to the recommendation of the City Manager and approval of the City Council. The City reserves the right to negotiate an agreement with the respondent who is ranked by the City Manager (or her designee) as the #1 Responder; however, if no agreement is reached then the City Manager may, in her sole discretion, commence negotiations with the responder who is ranked by the City Manager (or her designee) as the #2 Responder, and so forth until an agreement is reached with a Responder or all responses are rejected. The City is not required to accept any response or offer or to complete a sale or exchange.
I.ALL SALES ARE SUBJECT TO APPROVAL BY THE CITY COUNCIL OF THE CITY OF PALESTINE, TEXAS. THE CITY COUNCIL RESERVES THE RIGHT TO REJECT ANY ANDALLBIDS. THE CITY COUNCIL IS NOT REQUIRED TO ACCEPT ANY BID OR OFFER TO COMPLETE A SALE OR EXCHANGE.
J.Conflicts of Interest will be subject to the provisions Chapter 176 of the Texas Local Government Code are required to fill out a Conflicts of Interest Questionnaire.
K.The bidder agrees to and shall indemnify and hold harmless City, its officers, agents, employees, and elected officials from and against any and all claims, losses, damages, causes of action suits, and liability of every kind, including all, but not limited to, expenses of litigation, court cost, and attorney’s fees, for injury to or death of any person, or damage to any property, arising out of or in connection with the acts or omissions of bidder under this contract. The City assumes no liability for anyone on the property.
L.Bids cannot be altered or amended after the submission deadline. Any interlineations, alteration or erasure made before opening must be initialed by the signer of the bid, guaranteeing authenticity. A bid may not be withdrawn or canceled by the bidder, without the permission of the City for a period of 90 days following the date designated for the receipt of bids, and bidder so agrees upon submittal of a bid. For the purpose of proper bid evaluation and approval, all bids shall remain firm and valid for a 90 day period, commencing of the day of the bid opening.
M.No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All changes to the contract must be made in writing by the City of Palestine.
N.Any interpretation, corrections or changes to this Invitation to Bid will be made by addenda. Sole issuing authority of addenda shall be vested in City of Palestine Purchasing Agent. Addenda will be mailed to all who are known to have received a copy of this Invitation to Bid. Bidders shall acknowledge receipt of all addenda.
O.Bidder shall provide with the sealed bid response, all documentation required by this Invitation to Bid. Failure to provide information specifically requested may result in rejection of your bid.
P.Any notice provided by this bid (or required by law) to be given to the successful bidder by the City of Palestine shall be conclusively deemed to have been given and received on the next day after such written notice has been deposited in the mail in Palestine, Texas, by Registered or Certified Mail with sufficient postage affixed thereto, addressed to the successful bidder at the address so provided; provided that this provision shall not be construed to prevent the giving of actual notice in any other manner.
Q.The successful bidder shall not sell, assign, transfer or convey the Bid or the Purchase Agreement, in whole or in part, without the prior written consent of the City of Palestine.
SITE IS AVAILABLE FOR VIEWING AT ANY TIME
PROPERTY INFORMATION
SEALED BIDRFP – 2015-3
SALE OF PALESTINE MALL PAD SITE LOT A
A.Description/Location
Building: Not Applicable
Land: 2000 Loop South 256
An approximately 1 acre portion described as follows: Lot 2 – A, Palestine Mall Addition, Revised.
B. Current Zoning: C-3 General Retail Commercial.
C. Water and Wastewater Service: City water and wastewater service available.
D. Electric Service: Electric service available
E.Title Insurance: Base premium cost of Owner’s policy to be paid by the successful Bidder.
F. Suggested Minimum Bid: $600,000.00
G. Bid Deposit/Earnest Money: $2,500.00 to be submitted with the bid and paid in the form of a Cashier’s Check or Money Order made payable to the City of Palestine. In lieu of a certified check or money order, the Bidder may submit an Irrevocable Letter of Credit in a form acceptable to the City.
H. The Property will be sold “AS IS WHERE IS WITH ALL FAULTS CONDITION,” subject to any and all conditions of record in the Official Records of Anderson County, Texas, and any conditions or encumbrances set forth in the conveyance documents. The City does not warrant against any defects in title and the Property will be conveyed by Special Warranty Deed in the form attached hereto. Purchaser shall pay all cost of closing. Full payment of the purchase price in accordance with an accepted bid will satisfy all delinquent City taxes on the Properties, if any, but no other taxes.
I. Each bidder must complete the BIDFORM and all required attachments, which can be obtained by contacting Denise Carroll, Purchasing Agent, City of Palestine, 504 North Queen Street, Palestine, Texas 75801 between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, or by calling 903-731-8403 and requesting the BIDFORM to be sent via fax or e-mail. All bid submissions will be the property of the City and
are non-returnable. Bids must be complete and free from ambiguity. All bids submitted shall be valid for a period of not less than 90 days. Bids must be submitted in a sealed envelope with the following information marked on the outside of the envelope: “SEALED BID RFP – 2015-3; Sale of City Owned property – Palestine Mall Pad Site Lot A.”
J. The proposed Purchase Agreement is attached to the Bid Form as Attachment 1. The successful bidder shall sign the Purchase Agreement within 30 calendar days after acceptance of the bid by the City Council.
K. The Proposed form of Special Warranty Deed is attached to the Bid Form as Exhibit A to Attachment 1.
L. The Proposed Bill of Sale is attached to the Bid Form as Exhibit B to Attachment 1.
BIDFORMAND GENERAL CONDITIONS
SEALED BIDRFP – 2015-3
SALE OF PALESTINE MALL PAD SITE LOT A
ALLBIDS MUST BE RECEIVED
NO LATER THAN 2:00 P.M. ONMONDAY, JUNE 22, 2015
Mailed or Delivered to:
City of Palestine
Attn: Denise Carroll, Purchasing
504 North Queen Street
Palestine, TX 75801
Sealed Bid RFP – 2015-3 – Sale of Palestine Mall Pad Site Lot A
With the following words typed on the exterior of the envelope:
CITY OWNED PROPERTY SALE
SEALED BIDRFP – 2015-3
SALE OF PALESTINE MALL PAD SITE LOT A
TO BE OPENED: JUNE22, 2015.
CITY COUNCIL MEETING
“I hereby submit my bid for the purchase of the following described Property, including the building located thereon:
Property Description/Address: 2000South Loop 256, Palestine, TX 75801
Bid Amount for the Property: ______
Proposed Use of the Property:
______
______
______
______
“I understand and agree that by submitting this offer for the Property, the “General Conditions” described below, are part of the proposal and the “General Conditions for Proposals” survive the closing of this transaction, if approved, and delivery of any deed or other instrument in connection with the sale of the Property. I understand that in addition to the Bid Amount for the property, I must pay a deed recording fee.
GENERAL CONDITIONS
SEALED BID RFP – 2015-3
SALE OF PALESTINE MALL PAD SITE LOT A
The land and any improvements described in the Invitation to Bid Sealed Bid RFP – 2015-3 shall herein be referred to as the “Property”. I understand that the Property is purchased “as is, where is, with all faults”. I understand that is my responsibility to examine all applicable building codes and zoning ordinances to determine if the Property can be used for the purposes desired. I understand that it is my responsibility to check for outstanding or pending code enforcement actions including, but not limited to, repair or demolition orders. Code Enforcement inquiries can be directed to City of Palestine Code Enforcement Department, 504 North Queen Street, Palestine, Texas 75801; telephone number (903) 731-8480.
I understand that the City of Palestine disclaims responsibility as to the accuracy or completeness of any information relating to the Property for sale and that the data in the Invitation for Bids and the newspaper advertisement is for information only.
The transaction is, to the maximum extent allowed by law, made on an “as is, where is, with all faults” basis and is subject to all visible and apparent easements and any other instruments or record. Taxes will be assessed from the date of closing, except taxes for omitted property, as defined in Section 25.21 of the Texas Property Tax Code, are the purchaser’s responsibility. I understand that the City of Palestine is not responsible for any misrepresentation, failures of disclosure, errors or any negligent or wrongful acts occurring in the context of or pertaining to the closing of this transaction.
I hereby represent by submitting this response that I am financially capable of obtaining and have ready access to sufficient funds to pay the purchase price. The Bid Deposit will be returned without interest if my proposal is not accepted. The City of Palestine’s responsibility to return the deposit to me shall extend only to depositing same in the U. S. mail to the undersigned at the address below on or before 30 days from the date this bid is rejected. The City reserves the right to reject any and all bids.
If my bid is accepted I understand that the Bid Deposit will become the Earnest Money deposit and will be forwarded to Texas First Title Company along with the signed Purchase Agreement.
I understand that the City of Palestine will not provide a title policy for the Property, but that I may obtain a title policy at my own expense. I represent and certify to the City that I have no outstanding City of Palestine judgments against me or my property and I am not delinquent on the payment of any taxes or non-tax liens on property owned by me in the City of Palestine. This statement is true and correct for the individuals or entities submitting this proposal, their spouses, and any individual, their spouse, or entity with a shared controlling interest.
To the maximum extent allowed by law, the City of Palestine expressly disclaims, and I expressly waive, any warranty or representation, express or implied, including without limitation any warranty of condition, habitability, merchantability or fitness for a particular purpose. The City of Palestine makes no representations of any nature regarding the Property and that the City of Palestine specifically disclaims any warranty, guaranty or representation, oral or written, express or implied, past, present, or future, concerning: (i) the nature and condition of the Property, including without limitation, the water, soil and geology, and the suitability thereof and the Property for any and all activities and uses which Grantee may elect to conduct thereon, and the existence of any environmental substances, hazards or conditions or presence of any endangered or protected species thereon or compliance with all applicable laws, rules or regulations, (ii) the nature and extent or any right-of-way, lease, possession, lien encumbrance, license, reservation, condition or otherwise, and (iii) the compliance of the property or its operation with any law, ordinance or regulation of any federal, state, or local governmental authority, and (iv) whether or not the Property can be developed or utilized for any purpose. For purposes hereof, “environmental substances” means the following; (a) any “hazardous substance” under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C.A. Section 9601 et.seq., as amended, (b) any “hazardous substance” under the Texas Hazardous Substances Spill Prevention and Control Act, Tex. Water Code, Section 26.261, et. Seq., as amended, (c) petroleum or petroleum-based products (or any derivative or hazardous, constituents thereof or additives thereto), including without limitation, fuel and lubrication oils, (d) any “hazardous chemicals” or “toxic chemicals” under the Occupational Safety and Health Act, 29 U.S.C.A. Section 651 et. Seq., as amended, (e) any “hazardous waste” under the Resource Conservation and Recovery Act, 42 U.S.C.A. Section 6901 et. Seq., as amended, (f) asbestos, (g) polychlorinated biphenyls, (h) underground storage tanks, whether empty, filled, or partially filled with any substance, (i) any substance, the presence of which is prohibited by federal, state or local laws and regulations, and (j) any other substance which by federal, state or local laws and regulations requires special handling or notification of governmental authorities in its collection, storage, treatment or disposal. References to particular acts or codifications in this definition include all past and future amendments thereto, as well as applicable rules and regulations as now or hereafter promulgated thereunder.
By submitting this proposal, I hereby waive and release any rights I may have, either now or in the future, to undertake any legal or equitable action against the City of Palestine itself for failure to properly advertise or notice the sale of the Property or to properly conduct the sale of this Property and hereby covenant not to sue the City of Palestine in connection with the advertisement, notice of the sale, or sale of the Property. Upon my death or mental incapacity, the proposal submitted shall become null, void and unenforceable and the City shall have no further obligation to me, my estate or my guardian. On behalf of me, my heirs or my estate, I hereby waive any rights I may have to an award or conveyance of the Properties, in the event of my death or mental incapacity.
Attached hereto are the following executed documents:
- Attachment 1. Purchase Agreement
- Attachment 2. Certification of No Debts Owed to the City of PalestineTexas
- Attachment 3. List of Properties Owned within the City of Palestine
- Attachment 4. Additional Bidder information Form
- Attachment 5. Conflict of Interest Statement
- Attachment 6. $2,500 Cashier’s Check or Money Order or Irrevocable Letter of
Credit in a form acceptable to the City – Bid Deposit/Earnest