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HomeMy WebLinkAboutBID - 5652 SALE OF REAL ESTATE DORSET COURTAdminish..dve Services Purchasing Division CITY OF FORT COLLINS INVITATION TO BID 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) January 3, 2002, Bid #5652, considering the sale of the real property located in Larimer County and referred to as 2519 Dorset Court. If delivered, they are to be sent to 215 North Mason Street, 2"' Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. The City values this property at $175,000 but other offers will be entertained. 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 If no acceptable bid is received the bid will remain open until an acceptable bid is received or the offer to sell is withdrawn The offer to sell the real estate at 2519 Dorset Court may be withdrawn at any time at the discretion of the City.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 Bids may not be withdrawn after the date and hour set for opening.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: www.fcgov.com/purchasing. 2. Come by Purchasing at 215 North Mason St., 2nd floor., Fort Collins, or telephone (970) 221-6775 and request a copy of the Bid Questions concerning the scope of this bid should be directed to Ralph Campano, Project Manager, (970) 221-6275. Questions regarding bid submittal or process should be directed to James B. O'Neill II, CPPO, FNIGP, Director of Purchasing and Risk Management, (970) 221-6775. 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.) J ^mes . O'Neill II, CPPO, FNIGP Di ec r of Purchasing and Risk Management 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 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. 0 ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney 0 ATTEST: SELLER: THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation City Manager PURCHASER: Legend 2519 Dorset Ct. Schools ppp Parks 1,200 0 Parcels Feet N No Text No Text ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. FC219319 The policy or policies to be issued will contain exceptions to the folloNNing unless the same are disposed of to the satisfaction of the Company: 1. Rights of claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortaee in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Tares and assessments not yet due or payable and special assessments not yet certified to the Treasurer's office. 7. Any unpaid taxes or assessments against said land. 8. Liens for unpaid water and sewer charges, if any. 9. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, OR NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED AUGUST 24, 1971, IN BOOK 1473 AT PAGE 602 AND AS AMENDED IN INSTRUMENT RECORDED DECEMBER 04, 1974, IN BOOK 1627 AT PAGE 203. 10. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, OR NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 08, 1971, UNDER RECEPTION NO. 10699 AND 10700. INSTRUMENT RECORDED JANUARY 26, 1976 IN BOOK 1682 AT PAGE 926 PURPORTS TO REVOKE CERTAIN PORTIONS OF THE ABOVE COVENANTS, CONDITIONS AND RESTRICTIONS. 11. TERMS, CONDITIONS AND PROVISIONS OF ARTICLES OF INCORPORATION AND AMENDMENT THERETO RECORDED NOVEMBER 25, 1974 IN BOOK 1627 AT PAGE 201. 12. UTILITY EASEMENT THROUGH THE FRONT 6 AND REAR 16 FEET OF SUBJECT PROPERTY AS SHOWN ON THE RECORDED PLAT. 13. ALL NOTES AS SHOWN ON THE RECORDED PLAT OF SAID SUBDIVISION. SPECIFICATIONS AND CONDITIONS 1.0 Scope This document provide's a legal description of land and improvements offered for sale and general conditions and requirements applicable to the sale of said property. these requirements are in addition to the sales requirements as specified on the Invitation to Bid. 2.0. General Conditions 2.0.1 Defense of Suits In case any action in court is brought against the Seller for the failure, omission, or neglect of the Purchaser to perform any of the covenants, acts, matters or things by the purchase agreement undertaken; or for injury or damage caused by the alleged negligence of the Purchaser or his subcontractors, workmen, materialmen, or suppliers, the Purchaser shall indemnify and save harmless the Seller from all losses, damages costs, expenses, judgments or decrees arising out of such action. 2.0.1.1Title Insurance The City will not provide Title Insurance. If desired the Purchaser may obtain Title Commitment Insurance at Purchaser's expense. 2.0.2 Bid/Purchase Request Acceptance Bid/purchase request which comply fully with terms of this specification and the bid documents shall be considered for acceptance in accordance with the following: a. All bids/requests for purchase received prior to January 3, 2002 at 2:00 p.m. (our clock), at which time such request shall be opened and reviewed for initial compliance with the purchase request requirements. b. If more than one valid purchase request has been received at that time, the purchase shall be awarded to the highest bidder, subject to the approval of the Fort Collins City Council. C. If no acceptable bid is received the bid will remain open until an acceptable bid is received or the offer to sell is withdrawn. d. This offer to sell the site at 2519 Dorset Court may be withdrawn at any time at the discretion of the City. 2.0.3 Payment Any offer which is taken to City Council for approval will require a deposit of $1,000.00 in cash or certified funds. The balance of the purchase price subject to closing costs and customary prorations, shall be payable in certified funds at the time of closing. 2.0.4 Property Description Lot 165, Block 24, Brown Farm 1st, FTC. This legal description of the property may be verified by a survey to be conducted by the Purchaser at its expense. The Property is located at 2519 Dorset Court,. (9946 SF. avg site, bilevel, 28 yrs old, 3 bedrooms, 2 bath, 1646 sq. ft. of gross living area. 2 car garage, new DblGlz windows). The Property shall be conveyed by the Seller at the time of closing to the Purchaser by quit claim deed, free and clear of all liens and encumbrances, except and subject to that noted in Schedule B (for a copy of this schedule call Purchasing at (970) 221-6775) as attached hereto. 2.0.6 Condition of Property It is the Purchaser's responsibility to determine the condition of the property. All land and improvements are offered on an as -is sight -as -seen basis. The Purchaser shall agree to accept the real estate known as 2519 Dorset Court as is and with no representations or warranties, express or implied with respect to the condition. 3.0 Items And Information Required with Bid/request For Purchase a. Bid/Purchase Request form as included in the specifications. b. Executed and signed Agreement of purchase and Sale of Real Property 4.0 Requirements The following are the requirements to be complied with. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of clerk and recorder in the county in which said property is located. A. Deed from: The City of Fort Collins, Colorado, a Municipal Corporation, to: Party or Parties to be Determined. B. Duly certified Ordinance of the CITY COUNCIL OF FORT COLILNS, a Municipal Corporation authorizing the sale of subject property 5.0 Bid/purchase Request Form name of business, comp any, an , (Purchaser) p y, corp., individual, etc.) has read the specifications and conditions, the background information, the Invitation to Bid #5652, 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 2002. By: (Signature of authorized person) (Typed or printed name of signatory) (Title of Person submitting (Address: Street) (City, State, Zip) (Telephone: [Area Code] Number) 6.0 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 "the Purchaser"). (hereinafter referred to as WITNESSETH: 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, which real property is legally described Lot 165, Block 24, Brown Farm 1 st, FTC. 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, free and clear of all liens and encumbrances, except and subject to 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; All oil, gas or other mineral reservations or exceptions of record; G. General property taxes, assessments and charges for 2001 and all subsequent years; and H. The reservation of easements and rights -of -way described in paragraph 3. below. 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 One Thousand U.S. Dollars ($1,000.00) representing an earnest money deposit, shall be paid to the Seller by the Purchaser upon the execution of this Agreement in cash or certified funds. B. The balance of the purchase price in the amount of U.S. Dollars ($ ), 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, at its own expense, shall 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 shall show marketable title to the Property in the Seller, subject only to those items described in paragraph 2. above. 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. 2 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. Attornev'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: c/o City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 If to Purchaser: With a copy to: City Attorney's Office City of Fort Collins P. O. Box 580 Fort Collins, CO 80522 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 Prooertv. 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 at any time up to and including . 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's exposure to such damages or expenses is certified by a qualified environmental engineer to be reasonably likely and such damages or expenses are reasonably estimated by the engineer to exceed , the Purchaser may, upon written notice to the Seller specifying such hazard and cost, terminate this Agreement. In the event of such termination, the Purchaser's earnest money deposit paid pursuant to paragraph — above shall be returned to it. In the absence of such written notice from the Purchaser to the Seller on or before , this inspection condition shall expire. 21. Contingency. 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 on or before , and must become law ten (10) days thereafter as provided in the City Charter. If the Council does not pass such an ordinance on second reading on or before , or for any reason it does not become law ten (10) days thereafter as provided in the City Charter, 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. 22. 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. 23. "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 (1) 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