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HomeMy WebLinkAboutBID - 5789R SALE OF RESOURCE RECOVERY FARM (5)Administrative Services Purchasing Divison 215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com CITY OF FORT COLLINS INVITATION TO BID BID 5789r Sale of Resource Recovery Farm BID OPENING: 2:00 p.m. (our clock), April 3, 2006 Sealed bids will be received at the Offices of the Director of Purchasing and Risk Management for the City of Fort Collins, 215 North Mason St., 2nd Floor, P. O. Box 580, Fort Collins, CO 80522, until April 3, 2006 at 2:00 pm (our clock) and will remain open until an acceptable bid is received or the offer to sell is withdrawn, Bid #5789r, considering the sale of the real property located in Larimer County and referred to as estate West of I-25; South of Prospect Road; East of I-25 Frontage Road; and North of I-25 Frontage Road. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522- 0580. Bids must be received at the Purchasing Office prior to 2:00 p.m. (our clock), April 3, 2006. Questions concerning the scope of the bid should be directed to Project Manager Helen Matson, (970) 221-6276. Questions regarding bid submittal or process should be directed to James B. O’Neill, II, CPPO, FNIGP (970) 221-6779. • The City will entertain any bid over $2,000,000. The City is also entertaining offers from Real Estate Agents. • If no acceptable bid is received the bid will remain open until an acceptable bid is received or the offer to sell is withdrawn • The offer to sell the real estate West of I-25; South of Prospect Road; East of I-25 Frontage Road; and North of I-25 Frontage Road may be withdrawn at any time at the discretion of the City. • All bids must be properly signed. A single copy of the security will suffice if attached to the original bid. • Bids may not be withdrawn after the date and hour set for opening. • Only sealed bids properly received by the Purchasing Division will be accepted. A copy of the Bid may be obtained as follows: 1. Download the Bid from the Purchasing Webpage, Current Bids page, at: https://secure2.fcgov.com/bso/login.jsp. 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. The City of Fort Collins reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Purchase Prohibited: No officer, employee or relative of an employee of the City of Fort Collins may directly or indirectly bid on or purchase this property. (Article IV Section 9 (b) (2) of the Charter of the City of Fort Collins.) James B. O’Neill II, CPPO, FNIGP Director of Purchasing and Risk Management For Sale by the City of Fort Collins 25.135 Acres of land at the Southwest corner of I-25 and Prospect Road The City of Fort Collins is extending an Invitation to Bid on a 25.135 Acre parcel of land at the southwest corner of I-25 and Prospect Road. The City will entertain any bid over $2,000,000. Sealed bids will be received at the Offices of the Director of Purchasing and Risk Management for the City of Fort Collins, 215 North Mason St., 2nd Floor, P. O. Box 580, Fort Collins, CO 80522, up to 2:00 p.m. (our clock) April 3, 2006, Bid 5789r. Download the Bid from the Purchasing Webpage, www.fcgov.com/purchasing Location: West of I-25; South of Prospect Road; East of I-25 Frontage Road; and North of I-25 Frontage Road. Zoning: C – Commercial. All uses are subject to City approval. Flood Zone: Less than 1% of the land is in a designated Flood Zone. Visibility: Excellent visibility from Interstate 25, Interstate 25 Frontage Road and Prospect Road. Access: Access frontage is provided by the Interstate 25 Frontage Road on the West and South sides of the site. All access is subject to City and Department of Transportation approval. Shape: Irregular-Basically rectangular. Water Rights: Adjudicated well rights of 400+ gallons per minute are included with the site. All offers are subject to a right of first refusal by a third party. For more information please call the City of Fort Collins Real Estate Services at (970) 416-2276 Water Reclamation 25.132 Acre Resource Recovery Farm FEMA Flood Air Photo Description of Proposed Site Bid/purchase Request Form __________________________________________________________________, (Purchaser) (name of business, company, corp., individual, etc.) has read the specifications and conditions, the background information, the Invitation to Bid 5789r and the Agreement of Purchase and Sale of Real Property and, in accordance with the same, hereby offer to purchase the property and improvements as described for _____________________________________________________________Dollars ($_______) Dated ______________________, 200_. By:_____________________________________ (Signature of authorized person) ________________________________________ (Typed or printed name of signatory) ________________________________________ (Title of Person submitting bid) ________________________________________ (Address: Street) ________________________________________ (City, State, Zip) ________________________________________ (Telephone: [Area Code] Number) AGREEMENT OF PURCHASE AND SALE OF REAL PROPERTY THIS AGREEMENT is made and entered into this _____ day of _____________, 20___, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, whose address is 300 LaPorte Avenue, Fort Collins, Colorado 80521, (hereinafter referred to as "the Seller"), and ______________________________________, whose address is ____________________________________________________, (hereinafter referred to as "the Purchaser"). W I T N E S S E T H : For and in consideration of the promises of the Purchaser to purchase and of the Seller to sell the real property hereinafter described, and other good and valuable consideration, the receipt and adequacy of which are hereby confessed and acknowledged, the parties hereto agree to be legally bound whereby the Seller agrees to sell and the Purchaser agrees to purchase the said real property on the terms and conditions hereinafter set forth. 1. Description of Real Property. The real estate which is the subject matter of this Agreement, are those certain parcels of real property located in the County of Larimer, State of Colorado, described in Exhibit “A”. Said real property shall be hereinafter referred to as "the Property." The Property shall include any fences, buildings, landscaping, irrigation systems, and other improvements now located thereon, including all fixtures of a permanent nature. The Property shall also include all water taps, gas taps and sewer taps belonging or in any way appertaining thereto. In addition, the Property shall include all of the Seller's right, title and interest in and to easements, rights-of-way, future interests and rights to the same belonging and inuring to the benefit of the Property, and in and to all strips and gores of land lying between the Property and adjoining property or streets, roads or highways, open or proposed. 2. Method of Conveyance. The Seller agrees to sell to the Purchaser and the Purchaser agrees to purchase from the Seller, subject to the terms and conditions as set forth herein, the Property. The Property shall be conveyed by the Seller at the time of closing to the Purchaser by quit-claim deed. 3. Reservation of Easements. The Seller may reserve and except unto itself, its successors and assigns, from the Property, the following described easements and rights-of-way: [Description of easements and rights-of-way] 4. Purchase Price. The total purchase price of the Property shall be ____________________________________________ U.S. Dollars ($___________), and shall be payable by the Purchaser to the Seller as follows: A. The sum of Twenty Five Thousand U.S. Dollars ($25,000.00) representing an earnest money deposit, shall be paid to the Seller by the Purchaser upon the execution of this Agreement in cash or certified funds. B. The balance of the purchase price in the amount of _______________________________________________________ U.S. Dollars ($___________), subject to closing costs and customary prorations, as hereinafter provided, shall be payable by certified check from the Purchaser to the Seller at the time of closing, as hereinafter set forth. 5. Title Insurance. The Purchaser may provide its own title insurance. The Seller shall be under no obligation to provide title insurance in this transaction. The title insurance commitment obtained by the Purchaser, if any, shall show marketable title to the Property in the Seller, subject only to exceptions that do not unreasonably interfere with the use of substantially all of the Property, including without limitation the following: A. All easements and rights-of-way in place; B. All easements, covenants, reservations, restrictions, rights-of-way, and agreements of record; C. Any restrictions, reservations or exceptions contained in any United States or State of Colorado patents of record; D. All zoning and other governmental rules and regulations; E. Statutory lien rights resulting from the inclusion of the Property in any special taxing district or improvement district; F. All oil, gas or other mineral reservations or exceptions of record; and G. General property taxes, assessments and charges for 2006 and all subsequent years. In the event said title insurance commitment discloses title defects subject to which the Purchaser need not take title, the Seller may, at its option, cure such defect within a reasonable period of time, at its expense, without in any other manner affecting the terms of this Agreement. In the event said title insurance company refuses to omit any title defect or objection prior to closing, then the Purchaser shall, at its election, have the right to accept such title as the Seller is willing to convey, without any reduction of the purchase price; or the Purchaser shall have the right to rescind this Agreement and, upon such rescission pursuant to this paragraph, the Purchaser shall be entitled to the return of the amount of money theretofore paid to the Seller or its agent; and upon such payment, this Agreement shall be null and void and of no further effect, and all parties to this Agreement shall be released from all obligations hereunder. 6. Closing. The closing of this transaction shall be held on or before _____________________, at _________ __.m. at ___________________________________ located at __________________ _________________________, except as otherwise provided for in Paragraph 21. below, or at such other reasonable time, date or location as the parties may mutually agree upon. 7. Possession. Possession of the Property shall be delivered to the Purchaser at the time of closing. 8. Prorations. Real property taxes and assessments and similar expenses, in accordance with local practice, shall be prorated as of the date of closing. 9. Remedies on Default. If any payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed as herein provided, there shall be the following remedies: A. If the Purchaser is in default, then the Seller may elect to treat this Agreement as terminated, in which case all payments and things of value received hereunder from the Purchaser shall be forfeited by the Purchaser and retained by the Seller, and the Seller may recover such damages as may be proper, or the Seller may elect to treat this Agreement as being in full force and effect, and the Seller shall have the right to an action for specific performance or damages, or both. B. If the Seller is in default, the Purchaser may elect to treat this Agreement as terminated, in which case all payments and things of value received hereunder by the Seller shall be returned to the Purchaser, and the Purchaser may recover such damages as may be proper, or the Purchaser may elect to treat this Agreement as being in full force and effect and the Purchaser shall have the right to specific performance or damages, or both. 10. Attorney's Fees and Costs. In the event either of the respective parties hereto shall default in any of their covenants or obligations herein provided and the party not in default commences legal or equitable action against the defaulting party, the defaulting party expressly agrees to pay all of the non-defaulting party's reasonable expenses of said litigation, including a reasonable sum for attorney's fees. 11. Governing Law. It is expressly understood and agreed by and between the parties hereto that this Agreement is made in and shall be construed and interpreted in accordance with the laws of the State of Colorado. 12. Notices. Any notice or other communication given by either party hereto to the other relating to this Agreement shall be hand delivered or sent by registered or certified mail, return receipt requested, addressed to such other party at their respective addresses as set forth below; and such notice or other communication shall be deemed given when so hand delivered or when so mailed: If to Seller: With a copy to: c/o ___________________ City Attorney’s Office City of Fort Collins City of Fort Collins P.O. Box 580 P. O. Box 580 Fort Collins, CO 80522 Fort Collins, CO 80522 If to Purchaser: With a copy to: __________________________ ________________________ __________________________ _______________________ __________________________ _______________________ 13. Assignment. This Agreement shall not be assigned by either of the parties hereto without the prior written consent of the other party. 14. Maintenance of the Property. The Seller shall keep, or cause to be kept, the Property in its condition as of the date hereof until the closing of this transaction, subject to normal wear-and-tear and seasonal changes, and agrees not to commit or permit waste thereon. 15. Casualty. In the event that the Property is substantially damaged by fire, flood or casualty between the date of this Agreement and the date of closing of title, this Agreement may, at the option of the Purchaser, be declared null and void and of no further force or effect; and all the parties to this Agreement shall be released from all obligations hereunder; and the Purchaser shall be entitled to a refund of the amount of money, if any, theretofore paid to the Seller. 16. Headings. Paragraph headings used herein are for convenience of reference and shall in no way define, limit or prescribe the scope or intent of any provision under this Agreement. 17. Terms Survive Closing. To the extent necessary to carry out all of the terms and provisions hereof, the said terms, obligations and rights set forth herein shall be deemed not terminated at the time of closing, nor shall they be necessarily merged with the various documents executed and delivered at such time. 18. Construction. Words of the masculine gender shall include the feminine and neuter gender and when the sentence so indicates, words of the neuter gender shall refer to any gender. Words in the singular shall include the plural and vice versa. This Agreement shall be construed according to its fair meaning, and as if prepared by both parties hereto, and shall be deemed to be and contain the entire understanding and agreement between the parties hereto. There shall be deemed to be no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning this Agreement unless set forth in writing and signed by both parties hereto. 19. Time is of the Essence. It is agreed that time shall be of the essence to this Agreement and each and every provision hereof. 20. Right to Inspect. The Purchaser shall be permitted to fully inspect the Property during the period sixty (60) days after the date of signing of this Agreement by all parties. The Seller agrees that the Purchaser and its agents may have reasonable access to the Property to conduct tests and/or inspections, at its expense, concerning the presence of environmental hazardous waste, underground storage tanks, or other environmental conditions which could expose the Purchaser to future liability for damages or clean-up expenses. In the event the Purchaser determines, in its reasonable discretion, that the condition of the Property is unsatisfactory and that such condition is reasonably likely to expose Purchaser to substantial damages or expenses, the Purchaser may, upon written notice to the Seller no later than the expiration of the inspection period provided hereunder specifying such hazard and exposure risks, terminate this Agreement. In the event of such termination, the Purchaser's earnest money deposit paid pursuant to paragraph 4.A. above shall be returned to it. 21. Notice to Holder of Right of First Refusal. Seller shall provide written notice of this Agreement and its terms to the current holder of that certain right of first refusal described in the deed conveying the Property to Seller dated October 2, 1979, and recorded in the real property records of the Larimer County Clerk and Recorder on October 2, 1979, at Reception No. 330317 Book: 1992; Page 28 (the “Right of First Refusal”), within fifteen (15) days of signing of this Agreement by all parties hereto. 22. Contingencies. A. This Agreement is hereby made expressly contingent upon the City Council of the City of Fort Collins (hereinafter referred to as "the Council") approving this Agreement by ordinance, which ordinance must be passed by the Council on second reading no later than one hundred and twenty (120) days after the date of signing of this Agreement by all parties, and must become law ten (10) days thereafter as provided in the City Charter. If this condition is not met, this Agreement shall be automatically terminated and all parties shall be released from all obligations hereunder and any monies theretofore paid to the Seller by the Purchaser shall be refunded in full to the Purchaser. B. This Agreement is hereby also made expressly contingent upon the waiver or failure to exercise the Right of First Refusal, described above in paragraph 21. In the event that the Right of First Refusal has been properly exercised in accordance with the terms thereof prior to the time of its expiration, Seller shall provide notice to Purchaser of said exercise, and this Agreement shall be automatically terminated and all parties shall be released from all obligations hereunder and any monies theretofore paid to the Seller by the Purchaser shall be refunded in full to the Purchaser. 23. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective personal representatives, successors and assigns. 24. "AS-IS" Nature of Sale. Purchaser acknowledges and agrees that the Seller has not made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to the Property and: (a) the value, nature, quality or condition of the Property, including, without limitation, the water, soil and geology of the Property; (b) the income to be derived from the Property; (c) the suitability of the Property for any and all activities and uses which Purchaser may conduct thereon; (d) the compliance of or by the Property or its operation with any laws, rules, ordinances or regulations of any applicable governmental authority or body; (e) the habitability, merchantability, marketability, profitability or fitness for a particular purpose of the Property; (f) the manner or quality of the construction or materials, if any, incorporated into the Property; (g) the manner, quality, state of repair or lack of repair of the Property; (h) the amount of land that constitutes the Property (i.e., the number of square feet or acres being conveyed); or (I) any other matter with respect to the Property, and specifically, that Seller has not made, does not make and specifically disclaims any representations regarding compliance with any environmental protection, pollution or land use laws, rules, regulations, orders or requirements, including solid waste, as defined by the U.S. Environmental Protection Agency regulations at 40 C.F.R., Part 261 or the disposal or existence, in or on the Property, of any hazardous substance, as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, and regulations promulgated thereunder. Purchaser further acknowledges and agrees that having been given the opportunity to inspect the Property, the Purchaser is relying solely on its own investigation of the Property and not on any information provided or to be provided by the Seller. The Purchaser further acknowledges and agrees that any information provided or to be provided with respect to the Property was obtained from a variety of sources and that the Seller has not made any independent investigation or verification of such information and makes no representations as to the accuracy or completeness of such information. The Purchaser agrees that the Seller is not liable or bound in any manner by any verbal or written statements, representations or information pertaining to the Property, or the operation thereof, furnished by any real estate broker, agent, employee, servant, or other person. The Purchaser further acknowledges and agrees that to the maximum extent permitted by law, the sale of the Property as provided for herein is made on an "AS IS" condition and basis with all faults. It is understood and agreed that the purchase price has been adjusted by the Purchaser to reflect that all of the Property is sold by the Seller and purchased by the Purchaser subject to the foregoing. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. SELLER: THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By:___________________________________ City Manager ATTEST: _________________________ City Clerk APPROVED AS TO FORM: _________________________ Assistant City Attorney PURCHASER: By:___________________________________ ATTEST: _________________________