CF-Deforest SC-CS 990302ROBERT L. DILLARD Ill
ROBERT E. HAGER
PETER G. SMITH
DAVID M. BERMAN
BRUCE A. STOCKARD
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
(214) 965-9900
Fax (214) 965-0010
E-mail NJDHS@NJDHS.com
JOHN F. ROEHM Ill
JASON C. MARSHALL
J. DAVID DODD III
ROBERT L. DILLARD, JR.
H. LOUIS NICHOLS
LAWRENCE W. JACKSON
OF COUNSEL
March 2, 1999
VIA FACSIMILE 972/304-3623
AND FIRST CLASS MAIL
Clay Phillips
Deputy City M_an~r
City of Copp~
255 Par~y Boulevard
P.O.;,B6x 478
/~9~pell, Texas 75019
RE: Bid for Sale or Exchange of City-Owned Property
Dear Clay:
Enclosed for your review and comment, please find draft of proposed Specifications for
the Sale or Exchange for City-Owned property.
Please review and contact me at your earliest convenience in order that we may discuss in
more detail.
Thank you for your attention to this matter.
Very truly yours,
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, L.L.P.
PGS/ttl
Enclosurey
cc: ~Ken Griffin
By:
SS24267
CITY OF COPPELL, TEXAS BID NO.
SPECIFICATIONS FOR ~ PURCI~kSE OR EXCHANGE OF
CITY-OWNED LAND AND IMPROVEMENTS IN DALLAS COUNTY, TEXAS
The City of Coppell, Texas invites sealed bids for the purchase and/or exchange of City-owned
land and improvements in Dallas County, Coppell, Texas.
I. Property Description
A. Size:
Approximately ~ acres of land, measuring approximately feet x __ feet.
Building and improvements generally described as
B. Legal description:
[insert legal description for land]
C. Location/Street Address:
[insert street address]
D. Utilities:
City Water and sewer service is available on property. [insert further description of
available utilities if appropriate].
E. Current Use/Stares:
The property is currently being used by the City of Coppell, Texas as a service center
[insert further description of use if appropriate]
F. Zoning:
[insert current zoning]
SPECIFICATIONS FOR THE PURCHASE OR EXCHANGE
OF CITY-OWNED LAND AND IMPROVEMENTS - PAGE 1
SS24262
II. Instructions to Bidders
A. Bid Criteria
1. Only bids submitted on the bid form provided and in the time and manner described
herein will be considered.
2. Only bids for the entire property will be considered.
3. No bids below $ per acre ($ total) will be considered.
4. Successful bidder will pay all closing cost including title insurance, survey and other
customary closing expenses.
5. Closing shall occur on a mutually agreed date within thirty (30) days immediately
following the City Council bid award at a title company selected by the City.
6. An inspection of the property may be conducted by appointment only by contacting
[insert contact person], City of Coppell, Texas, 972/304-
7. A prebid conference will be conducted at the City of Coppell Town Center on
, 1999 [insert time of day] at the office of [insert name of office and/or
position title of person and location who will conduct the prebid conference at the
Town Center]
8. The property will be conveyed to the successful bidder subject to deed restrictions
imposed by the City of Coppell, Texas prior to closing for single-family uses only
allowed under Single-Family-9 Zoning District of the Comprehensive Zoning
Ordinance of the City of Coppell, Texas. Such deed restrictions may only be
amended, or removed after completion of development by the express written consent
of the City of Coppell, Texas by written resolution of the City Council.
9. The property will be sold or exchanged as is. The successful bidder will be required to
represent that as of the closing date, the successful bidder has fully inspected the
property and will have made all investigations as it deems necessary or appropriate and
will be relying solely upon its inspection and investigation of the property for all
purposes whatsoever, including, but not limited to, the determination of the condition
of the structures, improvements, soils, subsurface, drainage, surface and ground water
quality and all other physical characteristics, availability and adequacy of utilities,
compliance with governmental laws and regulations, access, encroachments, acreage
and other survey matters and the character and suitability of the property. In addition,
the successful bidder must acknowledge and agree that the property is being purchased
and will be conveyed as is, with all faults and defects whether patent or latent as of the
closing.
10. The successful bidder will be required to waive, release and forever discharge the City
of Coppell, Texas, its officers, employees and agents and its respective successors and
assigns (collectively referred to as the "released parties") of and from any and all suits,
legal or administrative proceedings, claims, demands, actual damages, punitive
damages, losses, cost, liabilities, interest, attorneys fees, and expenses of whatever
kind and nature in law or in equity, known or unknown (collectively referred to as
liabilities), that the successful bidder ever had, now has, or in the future may have,
against any of the released parties, based upon, or arising indirectly or directly out of:
(i) the condition, status, quality or nature of the property; and (ii) the existence,
SPECIFICATIONS FOR THE PURCHASE OR EXCHANGE
)F CITY-OWNED LAND AND IMPROVEMENTS - PAGE 2
SS24262
11.
12.
presence or condition of asbestos and any toxic or hazardous materials, in or under the
property. The successful bidder must also agree to indemnify, 6~e'harmless and
defend the released parties from and against any and all liabilities that any of the
released parties may incur, or become responsible for, as a result of any claims by any
persons or entities whatsoever, including, but not limited to, any governmental
authorities, based upon, or arising directly or indirectly out of, the matter described in
clauses (i) and (ii) above.
Successful bidder shall be required at or prior to the closing, to reimburse the City for
the cost of an appraisal of the property obtained by the City.
The City will consider bids for the purchase of the property in the amount of the 'above
stated minimum bid or an exchange of land of fair market value equal to or greater
than the above stated minimum bid amount or a bid which includes land with a fair
market value equal to or greater than the minimum bid plus cash consideration in
addition thereto. A successful bidder offering land in exchange for the property must
at the time of bid submit an appraisal from ~ a reputable appraiser having either an
MAI or SREA or SRA designation satisfactory to the City which establishes that the
fair market value of the land offered in exchange is equal to or greater than the above
stated minimum bid amount. ~ {'-~') acres in)gao, ~. ~,
A bid which includes an exchang{: of l~dmust: (i) be approfimately ~
s~e of undeveloped land generai~~l~ in s~e; (ii) abut or adjoin an efist~g
public street ~ the Ci~ of Coppe~, Texas; (i~) M~e efistine water and sewer uti~gies
~ar av~labili~ for such utilities on the site: (iv) be located west of Coppell Road and
noa~ of Southwestern Boulev~d; (v) be ~ee of liens, encumbrances, assessments,
conditions and restrictions; (~) have no pmies in possession of any potion of the land
~s l~ss~ ~nan2~ at sufferance or trespassers; (~)have water sewer ~d electricity
~~lable for tap ~ by the Ciw ~d that =e sufficient for the City; (viii)
4b-ooo
[,oOOO
4.0000
%000
$10oo
,,q.310o0 14.
have free access to and from public highways, streets or roads; (ix) be conveyed by
general warranty deed, conveying marketable title in fee simple; (x) provide threatened
or endangered species a~-environmental assessment and wetlands reports from
environmental specialists at the successful bidder's cost; (xi) all costs and expenses of
the exchange of land to be borne by the successful bidder; (xii) indemnify the City for
any and all claims, all costs, environmental clean up to the property and surrounding
City property res lt~ng from bidder's use of the property. Preference will be given to
· ,ii~, ' '
the land contiguous existing Wagon Wheel Park.
Preference will be given to bids which include cash consideration in addition to an
exchange of land meeting the bid criteria.
Bid Bond:
Bids must be accompanied by Bid Bond in the form of cashier's check or certified check
for an amount not less than ten percent (10%) of the actual amount. Bid bonds will be
returned to all but the successful bidder who's Bid Bond shall be retained until final
dosing to ensure that the bidder completes dosing within the specified period. Should the
bidder fail to close purchase of the property within thirty (30) days after notice of the
award of bid, the Bid Bond shall become the property of the City of Coppell, Texas.
SPECIFICATIONS FOR THE PURCHASE OR EXCHANGE
OF CITY-OWNED LAND AND IMPROVEMENTS - PAGE 3
S824262
C. Bid Openings:
Sealed bids must be submitted by , 1999 at the office of the
· City of Coppell, Texas, 255 Parkway Boulevard, Coppell, Texas
75019. At that time, the bids will be opened and read aloud. Late bids will not be
accepted and returned unopened.
D. Bid Award.
Award shall occur at a regularly scheduled meeting of the City Council of the City of
Coppell, Texas. Until final award by City Council, the City of Coppell, Texas reserves the
right to reject any and all bids, waive minor informalities or technicalities, or act otherwise
in the best interest of the City.
SPECIFICATIONS FOR THE PURCHASE OR EXCHANGE
OF CITY-OWNED LAND AND IMPROVEMENTS - PAGE 4
SS24262
'rl~ city WiU1 ~ I~,~Ju*if~l Putur~
CITY OF COPPELL, ~S
B~ NO.
SPECrFICATIONS FOR THE PURCHASE OR EXCHANGE OF
CITY-OWNED LAND AND IMPROVEMENTS IN DALLAS COUNTY, TEXAS
Instructions:
BID FORM
Write or type the bid amount in words and figures below.
words shall prevail.
Bid Amount:
In words:
The sum
In figures:
$
Land offered in exchange for City owned property: [provide legal description]
Street address:
In the event of discrepancy, the
dollars and
cents.
Deed to land offered in exchange for City owned property must be attached to the Bid Form:
Deed attached yes no
An appraisal of the land offered in exchange for the City owned property must be attached to
the Bid Form: Appraisal attached yes no.
BID FORIVl - PAGE 1 ss2426:
Bidder Signature:
Bidder Name:
Street Address:
City, State, Z~:
Date:
BID FORM - PAGE 2 ss24262