INVITATION FOR PROPOSALS SALE OF REAL PROPERTY INSTRUCTIONS, TERMS AND CONDITIONS

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INVITATION FOR PROPOSALS SALE OF REAL PROPERTY INSTRUCTIONS, TERMS AND CONDITIONS The City Council of the City of Covington invites members of the general public to submit sealed bid proposals to purchase certain real property in accordance with O.C.G.A. 36-37-6 (a). The subject property is vacant, estimated to be 99.74, plus or minus, acres of land based on county records, has approximately 413 feet of frontage on Alcovy Road and approximately 423 feet of frontage along City Pond Road at the northwestern intersection of such roads and approximately 2,035 feet of frontage elsewhere along City Pond Road. The property is currently zoned to the M-2 zoning district but the City Council of the City of Covington is seeking sealed bid proposals from real estate developers for purchase of the property with an affirmative commitment by the purchaser to develop thereon industrial, office and/or commercial uses. Sealed bids must be submitted to the office of the City Clerk at Covington City Hall, 2194 Emory Street, Covington, Georgia, 30014 by 1:00PM on Monday, November 9, 2015. Bids will be opened before the public at that time and no bid arriving after 1:00PM on November 9, 2015 will be accepted. Mailed bids must be physically received prior to 1:00PM on November 9, 2015. The City of Covington reserves the right to reject any and all bids or to cancel the proposed sale in accordance with state law. TERMS OF SALE: The City of Covington is seeking sealed bid proposals from real estate developers for purchase of the property with an affirmative commitment by the purchaser to develop thereon industrial, office and/or commercial uses. The City of Covington seeks to sell the property to a real estate developer with a proven ability to develop first class industrial, office and/or commercial projects in the State of Georgia. Developers with the contractual ability to simultaneously develop adjacent real property are preferred but such ability is not a prerequisite of any bid. Your proposal should include a contract for purchase and sale of the property with such contingencies, if any, as you wish to propose but shall provide that the City of Covington has the right to terminate the contract prior to closing in the event you do not furnish the City of Covington with evidence, reasonably satisfactory to the City of Covington, of financial ability to develop the property and binding commitments from tenants/buyers to lease or purchase portions of the property. FORM OF PROPOSAL: Sealed Bid DESCRIPTION OF REAL PROPERTY OFFERED FOR SALE: Attached.

INSTRUCTIONS TO BIDDERS: 1. Bids must be submitted on the Form of Proposal included herewith and made a part of this invitation. 2. Bids must be received in sealed, pre-addressed envelope no later than 1:00PM on Monday, November 9, 2015. 3. You may hand deliver your bid or return by regular mail or parcel service. Electronic submission of bids will not be accepted. 4. Your bid should include the following: a. Completed Form of Proposal; b. Authentication of Bid and Affidavit of Non-Collusion and Non-Conflict of Interest; c. Form of Proposed Purchase and Sale Agreement; and d. Resume including project history of bidder and principal(s) of bidder. 5. The City of Covington reserves the unqualified right to reject any or all bids. 6. Bidders are invited to attend the bid opening.

CITY OF COVINGTON INVITATION FOR BIDS: SALE OF REAL PROPERTY LEGAL DESCRIPTION OF REAL PROPERTY TRACT 1 ALL THAT TRACT OR parcel of land lying and being in Land Lots 285 and 286 of the 9 th Land District in the City of Covington, in Newton County, Georgia, and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING, commence at a right-of-way monument located at the intersection of the northern right-of-way of Alcovy Road (variable right-of-way) with the western right-of-way of Georgia Highway 142 (variable right-of-way); run thence northwesterly along said right-of-way of Georgia Highway 142 a distance of 888.06 feet to a concrete monument found; thence leave said right-of-way and run South 88º 54 45 West 312.42 feet to a concrete monument found; run thence South 01º 08 04 East 297.25 feet to a concrete monument found; run thence South 89º 01 55 West 1,385.66 feet to a 3/4-inch open top pipe found at the northwest corner of now or formerly John R. Williams property and the TRUE POINT OF BEGINNING; from said true point of beginning as thus established, run thence along the west line of the said Williams property South 00º 03 57 West 1,812.92 feet to a ¾-inch open top pipe found at the northeast corner of now or formerly J.E. Patrick, Jr. property; run thence along said Patrick property South 87º 59 24 West 1,018.64 feet to a 1- inch open top pipe found; run thence along said Patrick property North 89º 18 04 West, 1,161.29 feet to an iron pin found on the eastern right-of-way of City Pond Road (50-foot rightof-way); run thence northeasterly along said right-of-way the following courses and distances; North 29º 27 39 East 112.84 feet to a point; North 24º 53 03 East 1,551.20 feet to a point; run thence 256.02 feet along the arc of a 10,021.79 foot radius curve to the right (said arc being subtended by a chord lying to the southeast having a bearing and distance of North 26º 29 23 East 256.01 feet) to a point; thence leaving said right-of-way and run North 85º 47 42 East 1,362.55 feet to a 3/4-inch open top pipe found at the POINT OF BEGINNING; said metes and bounds, courses and distances being more particularly shown on that certain plat of survey for Newton County Industrial Development Authority, Nisshinbo Automotive Corporation and Nisshinbo Automotive Manufacturing, Inc. (South Section), bearing the seal and certification of George T. White, GRLS No. 1929, dated June 27, 2001, and being designated as South Tract and containing 72.06 acres according to said survey. TRACT 2 ALL THAT TRACT OR parcel of land lying and being in Land Lot 285 of the 9th Land District of Newton County, Georgia being shown as containing 28.848 acres in accordance with that Plat of Survey for Rutherford Group, Inc., prepared by Patrick & Associates, Inc. Engineering & Surveying, certified by Louie D. Patrick, Georgia R.L.S #1757, dated May 3, 2005 and recorded at Plat Book 43, page 143, Public Records of Newton County, Georgia, said plat by reference thereto being incorporated herein and made a part hereof for a more particular description of said property.

This being that same property as described in that Limited Warranty Deed from Patrick Family Properties, L.P. to Rutherford Group, Inc. dated July 28, 2005 and recorded at Deed Book 1968, page 171-172, Public Records of Newton County, Georgia. LESS AND EXCEPT any property that may be within the purview of the Right of Way Deed in favor of the Georgia Department of Transportation dated August 11, 2006 and recorded at Deed Book 2269, pages 73-81, Public Records of Newton County, Georgia; and that Right of Way Deed in favor of the Georgia Department of Transportation dated August 11, 2006 and recorded at Deed Book 2269, pages 82-89, Public Records of Newton County, Georgia (the "Land"). FURTHER LESS AND EXCEPT all that certain tract or parcel of land containing 2.51 acres more or less on which is currently located the City of Covington s CNG Fueling Facility and more particularly described as follows: To find the POINT OF BEGINNING commence to a 1/2 inch rebar iron pin found at the intersection of the northwestern right-of-way of Alcovy Road and the northern right-of-way of City Pond Road as such intersection is shown and described on a Plat of Survey for Rutherford Group, Inc. prepared by Louie D. Patrick, Georgia RLS #1757 dated May 3, 2005 and recorded in the office of the Clerk of the Superior Court of Newton County, Georgia at Plat Book 43, Page 143; thence North 89º 08 32 West 810.03 feet to 1/2 inch rebar found, said point being the POINT OF BEGINNING. Thence from said POINT OF BEGINNING North 01º 41 05 East 321.03 feet to a point; thence South 88º 24 55 East 330.0 feet; thence South 01º 27 05 West 330.0 feet to a point on the northern right-of-way of City Pond Road; thence North 88º 39 44 West 112.28 feet; thence North 88º 14 13 West 184.84 feet to the POINT OF BEGINNING.

CITY OF COVINGTON INVITATION FOR BIDS: SALE OF REAL PROPERTY FORM OF PROPOSAL (SEALED BID) The undersigned bidder does hereby propose to execute the contract herewith submitted by bidder for purchase and sale of the real property described in this Invitation for Bids, subject to the Instructions, Terms and Conditions and Authentication of Bid and Affidavit of Non- Collusion and Non-Conflict of Interest. Purchase and Sale Agreement (attached): Purchase Price: Resume including project history of bidder and principal(s) of bidder (attached): Authentication of Bid and Affidavit of Non-Collusion and Non-Conflict of Interest I, the bidder or duly authorized signatory of bidder, do hereby certify: 1. I have independently arrived at and submitted this bid without collusion, agreement, understanding, or planned common course with any other bidder. 2. I have not and will not communicate the contents of this bid to any person not an employee or agent of the bidder prior to the official bid opening. 3. I am legally entitled to enter into contracts with the City of Covington, Georgia and am not in violation of any prohibited conflict of interest. 4. I have fully informed myself regarding the accuracy of the statements made in this affidavit. 5. I have read the entire content of the Invitation for Bids, including the Form of Proposal, Instructions, Terms of Sale, etc. 6. I accept all the terms and conditions herein as part of my proposal and I will be bound by the same. 7. I am not relying on any statement, verbal or otherwise, not contained herein. SIGNATURE ON FOLLOWING PAGE

BIDDER NAME: ADDRESS: CITY/STATE/ZIP: PHONE ( ) NOTE: Signature is required. Failure to sign shall render the proposal invalid. Signature: Printed Name/Title: Date: