NOTICE OF REQUEST FOR BIDS AND STATEMENT OF QUALIFICATIONS FOR BIDS REGARDING SALE OF REAL PROPERTY 2014-2 The City of Hudson Oaks, Texas is considering selling the real property described below (the Property) for the purpose of commercial development, and is accepting sealed bids from prospective purchasers as described in the Notice of Bid Opening and this Notice of Qualifications for Bids, pursuant to Sections 253.008 and 272.001 of the Texas Local Government Code. The Property being offered for sale is located at SEC US 180 and Lakeshore Drive, Hudson Oaks, Texas, 76087, and is more particularly described as: Being a 2.244 acre tract of land out of the David Eddleman Survey, Abstract 440, Parker County, Texas, Tract 12-40. The City Council will consider all bids and may, at its discretion, a contract for the sale of the Property to the bidder submitting a bid providing the best value to the City, to be determined in accordance with the requirements outlined below. If in the judgment of the City Council the bids submitted do not represent the fair value of the Property, the Council may reject all bids. Should any bid be accepted, a contract for sale of the Property shall be executed in form and substance acceptable to the Council. Any bid should provide, at a minimum, for the following: 1. The successful bidder must be willing to pay a minimum purchase price of $641,757 for the Property; 2. The successful bidder must be willing and able to assemble and combine the Property and adjacent tracts to develop a retail commercial shopping center; 3. The successful bidder must be willing and able to assemble, at a minimum, twelve acres, within one thousand (1,000) linear feet of the property being proposed for sale; 4. The successful bidder must be willing and able to construct, or cooperate with the City to construct, all necessary public infrastructures for such improvements; 5. The successful bidder may request and negotiate agreements with the City for economic development incentives and agreements to facilitate construction of such infrastructure and improvements; 6. The City shall retain all rights to any oil, gas, and other minerals owned by the City at the time of the conveyance, provided, however, that the City will waive its right to use the surface estate for extraction of any minerals; Each bidder should submit a proposed contract for sale of the property containing all required provisions. However, the City Council reserves the right to negotiate the final terms of a contract for sale of the Property after the successful bidder is selected. The resulting contract must be approved by the City Council. Conveyance of the Property will be by special warranty deed. The Property will be sold with no warranties or representations as to the condition of the property or its suitability for any particular use, AS IS, WITH ALL FAULTS. Each bidder must agree to waive any claim the bidder has or may have against the City of Hudson Oaks, Texas, and the Citys respective employees and representatives for the award of damages, including but not limited to attorney fees, arising out of or in connection with the administration, evaluation, or recommendation of any bid, waiver, deletion or amendment of any requirements under this Notice, acceptance or rejection of any bids, and award of the bid, including under any of the provisions of the Texas Uniform Declaratory Judgments Act (Texas Civil Practice and Remedies Code, Section 37.001, et. seq., as amended). Each bidder must expressly acknowledge and agree that such a waiver is the intentional relinquishment of a presently existing known right and that there is no disparity of bargaining power between the bidder and the City of Hudson Oaks, Texas. By execution and submission of a bid, the bidder shall be representing and warranting to the City of Hudson Oaks that the bidder has read and understands this Notice of Bid Opening and that the bid is made in accordance with the terms stated herein, including the waiver provisions, and that it had the right to consult with counsel regarding its bid and these requirements. The City reserves the right to waive, delete or amend any of the requirements connected with this bid, and the City reserves the right to accept or reject any bid or combination of bids submitted. Bids shall be in writing, signed by the bidder or an authorized representative, enclosed in a sealed envelope, and delivered to the office of the City Secretary is located at 210 North Lakeshore Drive, Hudson Oaks, Texas 76087, no later than 2:00 p.m. on November 17, 2014. No bids received after that time or by other method of submission (including email or fax) will be considered. The envelope containing the bid should be plainly marked in type or computer font printing: BID TO PURCHASE REAL PROPERTY 2014-2, ATTENTION CITY SECRETARY, with no other marks or handwriting. City staff will publicly open, read and tabulate the bids at 2:00 p.m. on November 17, 2014, in the City Council Chambers, City of Hudson Oaks, 210 North Lakeshore Drive, Hudson Oaks, Texas 76087. Bidders may contact the City Secretary, Shelley Major, at (682) 229-2411 for clarifications and questions.
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