Sale of Real Property - COG
INVITATION TO BID SALE OF FORMER ALBERTSON’S BUILDING BID NO. 201232 The City of Georgetown, Texas (City) wishes to sell the building formerly known as the Albertson’s grocery store. The City of Georgetown, Texas is requesting written sealed bids in the form of a Real Estate Contract for the purchase of the Property. BID SUBMITTAL, QUESTIONS AND ADDENDA The bid must be received in the office of the Purchasing Manager, at the following address by 2 p.m. Central Daylight Time on May 4, 2012. Please mark your envelope “Invitation to Bid 201232/Sale of Former Albertson’s Building” and mail or deliver it to the following address: Send to:
Purchasing Manager City of Georgetown
Mailing address
P. O. Box 409 Georgetown, Texas 78627-0409
Office address
300 – 1 Industrial Avenue Georgetown, Texas 78626
Bids sent by facsimile transmission or electronic mail will not be accepted. Questions concerning this Invitation to Bid should be addressed to Purchasing Department at (512) 930-3647 or [email protected]. Any interpretations, corrections or changes to this Invitation to Bid will be made by addenda. Sole issuing authority of addenda shall be vested in City of Georgetown Purchasing Manager. 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.
LEGAL DESCRIPTION AND INFORMATION FOR PROPERTY The Property is the real property located in Williamson County, Texas at 610 North Austin Avenue, Georgetown, Williamson County, Texas 78626, legally described as: 1
Lot 1, Block B, Foster Square, a subdivision in Williamson County, Texas, according to the map or plat recorded in Cabinet N, Slide 47, Official Public Records of Williamson County, Texas. and all buildings, improvements and fixtures, including a one-story, concrete-block, free-standing building constructed in 1996 and containing approximately 56,331 square feet. It is Bidder’s responsibility to determine if the Property may be used for the intended purpose. Bidder is encouraged to contact the City Community Development Department at 512.930.3575 concerning zoning, restrictions and types of use allowed. Water and wastewater service is available by City of Georgetown. Electric service is available by City of Georgetown. Roads: East Side – North Austin Avenue West Side – IH-35 frontage road South Side – West Morrow Street North Side – West Spring Street/East Side of IH-35 northbound frontage road
BID DOCUMENTS AND EARNEST MONEY Bidder shall complete and execute the attached Real Estate Contract to submit the bid. Bidder shall complete and sign the Bidder Information Form. Bidder shall complete and sign the Certification of No Debts Owed to the City. If bidder owes debts or other obligations to the City, or if there are any outstanding claims or disputes between bidder and the City, the bidder will disclose that information. Earnest Money in the amount of $36,750.00 shall be submitted with the bid and paid in the form of a Cashier’s Check or Money Order made payable to the City of Georgetown. Earnest Money will be returned to bidders whose bids are not accepted. Earnest Money submitted by the successful bidder will be forwarded to Georgetown Title Company with the executed Real Estate Contract, and applied to the Sales Price at Closing.
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MINIMUM BID The minimum cash Sales Price that will be accepted for the Property is $3,675,000.00. The bids shall remain firm for a minimum of 90 days, which time may be extended upon mutual agreement. By submitting a bid, bidder represents that bidder has sufficient funds to pay the Sales Price in cash within 30 days of the bid.
DUE DILIGENCE AND INSPECTION It is Bidders’ responsibility to thoroughly investigate the Property before submitting a Bid. The Property is currently vacant and no renovations have been undertaken by the City. Bidders may, at Bidders’ expense, complete or cause to be completed inspections, studies or assessments of the Property. Bidders are directed to contact Mark Thomas at 512.930.3546 to schedule and coordinate inspections, studies or assessments. Bidders shall employ only trained, qualified and duly licensed inspectors and assessors. Bidders shall restore the Property to its original condition if altered due to inspections, studies, or assessments that a Bidder completes or causes to be completed. NO PERMANENT ALTERATIONS OR DESCTRUCTIVE TESTING IS PERMITTED. City will make relevant reports and other documents in its possession pertaining to the Property available for review upon Bidders’ request. Except for those matters that arise from the negligence of City or City’s agents, bidder is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from bidder’s inspections, studies or assessments, including any property damage or personal injury. Bidder shall indemnify, hold harmless, and defend City and City’s 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, but not limited to, expenses of litigation, court costs, 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 and/or omissions for which bidder is responsible under this paragraph.
CITY MAKES NO REPRESENTATIONS OR WARRANTY CITY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE PROPERTY OR ANY INFORMATION DELIVERED BY CITY TO BIDDER IN 3
CONNECTION WITH THE PROPERTY. BIDDER IS PURCHASING THE PROPERTY AS IS WITH ALL FAULTS AND DEFECTS, KNOWN OR UNKNOWN, PATENT OR LATENT, WITHOUT ANY REPRESENTATION OR WARRANTY, ORAL OR WRITTEN, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY, MERCHANTABILITY, SUITABILITY OR QUALITY, AND IN SOLE RELIANCE ON BIDDDER’S OWN INDEPENDENT INSPECTION, INQUIRY OR INVESTIGATION. CITY IS NOT MAKING AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR REPRESENTATIONS AS TO MATTERS OF TITLE, ZONING, PLATTING, SUBDIVISION, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITIONS, AVAILABILITY OF ACCESS, INGRESS OR EGRESS, VALUATION, GOVERNMENT APPROVALS, GOVERNMENTAL REGULATIONS OR ANY OTHER MATTERS OR THINGS RELATING TO OR AFFECTING THE PROPERTY. CITY IS NOT MAKING AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR REPRESENTATIONS AS TO THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS INCORPORATED INTO ANY IMPROVEMENTS OF THE PROPERTY CONVEYED; AND THE MANNER OR REPAIR, QUALITY, STATE OF REPAIR OR LACK OF REPAR OF ANY IMPROVEMENTS. THERE ARE NO ORAL AGREEMENTS, WARRANTIES OR REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY BY CITY, ANY AGENT OF CITY OR ANY THIRD PARTY. CITY IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY FURNISHED BY ANY OTHER PERSON. NO GUARANTEE OR ASSURANCE CONCERNING THE PROPERTY HAS BEEN MADE AND NO CITY EMPLOYEE IS AUTHORIZED TO MAKE ANY GUARANTEE OR ASSURANCE.
EVALUATION AND SELECTION The bids will be reviewed by City Staff and/or members of the City Council and/or others. Bids will be evaluated on purchase price, proposed use of the building and development schedule. The City reserves the right to reject any contingencies as it pertains to any purchase offer for the Property. 4
The City may have discussions with any or all bidders. These discussions may include, but are not limited to, requests for additional information and modifications or revisions to the original Invitation to Bid as allowed by law. Bidders may be requested to make an oral presentation to City staff or to the City Council. The Georgetown City Council will approve the final selection. Although Sales Price is a consideration, the City intends to enter into a Real Estate Contract with the bidder who submits the best overall bid for development of the Property as a grocery store, or other commercial or retail use, deemed most advantageous to the City. The City reserves the right to reject any and all bids received as a result of this Invitation to Bid, to waive any irregularities or technicalities, to agree to modifications allowed by law, and to accept any response deemed to be in the City’s best interest. Incomplete bids may not be considered. The City further reserves the right to reject a response if more than one response is received from an individual/entity, and/or if it is found that collusion exists among bidders. No Public Official, employee, or agent of the City shall have any interest in this property that violates federal, state or local law, including without limitation the provisions of Texas Local Government Code Chapter 171. The successful bidder shall not sell, assign, transfer or convey the bid or any resulting Real Estate Contract, in whole or in part, without the prior written consent of the City of Georgetown.
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Purchasing Manager City of Georgetown
Mailing address
P. O. Box 409 Georgetown, Texas 78627-0409
Office address
300 – 1 Industrial Avenue Georgetown, Texas 78626
Bids sent by facsimile transmission or electronic mail will not be accepted. Questions concerning this Invitation to Bid should be addressed to Purchasing Department at (512) 930-3647 or [email protected]. Any interpretations, corrections or changes to this Invitation to Bid will be made by addenda. Sole issuing authority of addenda shall be vested in City of Georgetown Purchasing Manager. 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.
LEGAL DESCRIPTION AND INFORMATION FOR PROPERTY The Property is the real property located in Williamson County, Texas at 610 North Austin Avenue, Georgetown, Williamson County, Texas 78626, legally described as: 1
Lot 1, Block B, Foster Square, a subdivision in Williamson County, Texas, according to the map or plat recorded in Cabinet N, Slide 47, Official Public Records of Williamson County, Texas. and all buildings, improvements and fixtures, including a one-story, concrete-block, free-standing building constructed in 1996 and containing approximately 56,331 square feet. It is Bidder’s responsibility to determine if the Property may be used for the intended purpose. Bidder is encouraged to contact the City Community Development Department at 512.930.3575 concerning zoning, restrictions and types of use allowed. Water and wastewater service is available by City of Georgetown. Electric service is available by City of Georgetown. Roads: East Side – North Austin Avenue West Side – IH-35 frontage road South Side – West Morrow Street North Side – West Spring Street/East Side of IH-35 northbound frontage road
BID DOCUMENTS AND EARNEST MONEY Bidder shall complete and execute the attached Real Estate Contract to submit the bid. Bidder shall complete and sign the Bidder Information Form. Bidder shall complete and sign the Certification of No Debts Owed to the City. If bidder owes debts or other obligations to the City, or if there are any outstanding claims or disputes between bidder and the City, the bidder will disclose that information. Earnest Money in the amount of $36,750.00 shall be submitted with the bid and paid in the form of a Cashier’s Check or Money Order made payable to the City of Georgetown. Earnest Money will be returned to bidders whose bids are not accepted. Earnest Money submitted by the successful bidder will be forwarded to Georgetown Title Company with the executed Real Estate Contract, and applied to the Sales Price at Closing.
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MINIMUM BID The minimum cash Sales Price that will be accepted for the Property is $3,675,000.00. The bids shall remain firm for a minimum of 90 days, which time may be extended upon mutual agreement. By submitting a bid, bidder represents that bidder has sufficient funds to pay the Sales Price in cash within 30 days of the bid.
DUE DILIGENCE AND INSPECTION It is Bidders’ responsibility to thoroughly investigate the Property before submitting a Bid. The Property is currently vacant and no renovations have been undertaken by the City. Bidders may, at Bidders’ expense, complete or cause to be completed inspections, studies or assessments of the Property. Bidders are directed to contact Mark Thomas at 512.930.3546 to schedule and coordinate inspections, studies or assessments. Bidders shall employ only trained, qualified and duly licensed inspectors and assessors. Bidders shall restore the Property to its original condition if altered due to inspections, studies, or assessments that a Bidder completes or causes to be completed. NO PERMANENT ALTERATIONS OR DESCTRUCTIVE TESTING IS PERMITTED. City will make relevant reports and other documents in its possession pertaining to the Property available for review upon Bidders’ request. Except for those matters that arise from the negligence of City or City’s agents, bidder is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from bidder’s inspections, studies or assessments, including any property damage or personal injury. Bidder shall indemnify, hold harmless, and defend City and City’s 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, but not limited to, expenses of litigation, court costs, 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 and/or omissions for which bidder is responsible under this paragraph.
CITY MAKES NO REPRESENTATIONS OR WARRANTY CITY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE PROPERTY OR ANY INFORMATION DELIVERED BY CITY TO BIDDER IN 3
CONNECTION WITH THE PROPERTY. BIDDER IS PURCHASING THE PROPERTY AS IS WITH ALL FAULTS AND DEFECTS, KNOWN OR UNKNOWN, PATENT OR LATENT, WITHOUT ANY REPRESENTATION OR WARRANTY, ORAL OR WRITTEN, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY, MERCHANTABILITY, SUITABILITY OR QUALITY, AND IN SOLE RELIANCE ON BIDDDER’S OWN INDEPENDENT INSPECTION, INQUIRY OR INVESTIGATION. CITY IS NOT MAKING AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR REPRESENTATIONS AS TO MATTERS OF TITLE, ZONING, PLATTING, SUBDIVISION, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITIONS, AVAILABILITY OF ACCESS, INGRESS OR EGRESS, VALUATION, GOVERNMENT APPROVALS, GOVERNMENTAL REGULATIONS OR ANY OTHER MATTERS OR THINGS RELATING TO OR AFFECTING THE PROPERTY. CITY IS NOT MAKING AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR REPRESENTATIONS AS TO THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS INCORPORATED INTO ANY IMPROVEMENTS OF THE PROPERTY CONVEYED; AND THE MANNER OR REPAIR, QUALITY, STATE OF REPAIR OR LACK OF REPAR OF ANY IMPROVEMENTS. THERE ARE NO ORAL AGREEMENTS, WARRANTIES OR REPRESENTATIONS, COLLATERAL TO OR AFFECTING THE PROPERTY BY CITY, ANY AGENT OF CITY OR ANY THIRD PARTY. CITY IS NOT LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS OR INFORMATION PERTAINING TO THE PROPERTY FURNISHED BY ANY OTHER PERSON. NO GUARANTEE OR ASSURANCE CONCERNING THE PROPERTY HAS BEEN MADE AND NO CITY EMPLOYEE IS AUTHORIZED TO MAKE ANY GUARANTEE OR ASSURANCE.
EVALUATION AND SELECTION The bids will be reviewed by City Staff and/or members of the City Council and/or others. Bids will be evaluated on purchase price, proposed use of the building and development schedule. The City reserves the right to reject any contingencies as it pertains to any purchase offer for the Property. 4
The City may have discussions with any or all bidders. These discussions may include, but are not limited to, requests for additional information and modifications or revisions to the original Invitation to Bid as allowed by law. Bidders may be requested to make an oral presentation to City staff or to the City Council. The Georgetown City Council will approve the final selection. Although Sales Price is a consideration, the City intends to enter into a Real Estate Contract with the bidder who submits the best overall bid for development of the Property as a grocery store, or other commercial or retail use, deemed most advantageous to the City. The City reserves the right to reject any and all bids received as a result of this Invitation to Bid, to waive any irregularities or technicalities, to agree to modifications allowed by law, and to accept any response deemed to be in the City’s best interest. Incomplete bids may not be considered. The City further reserves the right to reject a response if more than one response is received from an individual/entity, and/or if it is found that collusion exists among bidders. No Public Official, employee, or agent of the City shall have any interest in this property that violates federal, state or local law, including without limitation the provisions of Texas Local Government Code Chapter 171. The successful bidder shall not sell, assign, transfer or convey the bid or any resulting Real Estate Contract, in whole or in part, without the prior written consent of the City of Georgetown.
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