ADDENDUM NO. 1 TO BID PACKAGE FOR THE SALE OF REAL PROPERTY LOCATED AT 1111 WEST 6TH STREET, AUSTIN, TRAVIS COUNTY, TEXAS 78703 CARRUTH ADMINISTRATION CENTER MAY 27, 2011 NOTICE OF CHANGES TO BID PACKAGE The following changes modify the Austin Independent School District s Bid Package for the Sale of Real Property Located at 1111 West 6th Street, Austin, Travis County, Texas 78703 dated May 17, 2011 ( CAC Bid Package ). Unless otherwise expressly provided herein, capitalized terms used herein shall have the same meanings as designated in the CAC Bid Package. 1. Bid Instructions. The following new subsection is added to Section 4.2 of the Bid Instructions in the CAC Bid Package: E. AISD agrees to pay a real estate brokerage commission to Bidder s licensed real estate broker at the closing of the sale of the Property (but only in the event of closing) in an amount not to exceed 2.5% of the Purchase Price paid for the Property at closing. 2. Bid Form. The Bid Form attached as Exhibit B to the CAC Bid Package is deleted in its entirety and replaced with the Bid Form attached as Exhibit B to this Addendum No. 1 to Bid Package (modifying Paragraph 2 of the Bid Form). The attached Bid Form is incorporated as Exhibit B to the CAC Bid Package for all purposes. All Bids must be submitted on the revised Bid Form attached as Exhibit B to this Addendum No. 1 to Bid Package (or a copy thereof). 3. Section 7.04 of Proposed Agreement (Real Estate Commission). The first sentence of Section 7.04 of the Proposed Agreement (attached as Exhibit D to the CAC Bid Package) is deleted in its entirety and replaced with the following sentence: Seller agrees to pay ( Purchaser s Broker ) a real estate brokerage commission in cash at Closing (but only in the event of Closing) in an amount equal to percent ( %) of the Purchase Price paid at Closing. This Addendum No. 1 to Bid Package is available at Austin Independent School District, 1111 West 6th Street, Building B, Room 320, Austin, Texas 78703-5399 and online at http://www.swsg.com and http://archive.austinisd.org/misc/bid/requests.phtml.
EXHIBIT B Bid Form
BID FORM SALE OF REAL PROPERTY LOCATED AT 1111 WEST 6TH STREET, AUSTIN, TRAVIS COUNTY, TEXAS 78703, TOGETHER WITH ALL IMPROVEMENTS THEREON THE PROPERTY WILL BE SOLD AS A UNIT CONSISTING OF ALL THE REAL PROPERTY AND ALL IMPROVEMENTS THEREON, but will not include trade fixtures, machinery, equipment, furniture and all other items of personal property of every kind and character owned by third parties or AISD, except for the personal property owned by AISD and located in the Residential Units. 1. Bidder: a. Full legal name of Person, Company, Partnership or Sole Proprietorship bidding: b. State of Incorporation or Principal Place of Business: c. Name, address, phone number and fax number (if available) of the contact person for the Bidder, who is authorized to represent the Bidder in connection with the Bid Documents: d. If Bidder is a corporation or other entity, Bidder has attached the following documents: Corporate resolution, partnership agreement or other appropriate documents evidencing: (i) the authority of the entity to make this Bid, and (ii) the authority of the person(s) signing on behalf the entity, and the contact person, designated above, to act on behalf of the entity. 2. Bid Price and Bidder s Broker: a. The purchase price bid is ($ ), to be paid by Bidder IN CASH OR CASHIER S CHECK at Closing as full payment for the Property. Bid Form Carruth Administration Center (Rev. #1) 1
b. Is Bidder represented by a licensed real estate broker in connection with this transaction? Circle One: Yes No If yes, complete subsection c. below. c. (i) The real estate brokerage commission to be paid to Bidder s broker in accordance with Section 7.04 of the Proposed Agreement is % of the Purchase Price paid at Closing. (ii) The following is Bidder s broker s information: Broker s Name: Broker s License No. Broker s Address: Broker s Phone No. 3. The following is Bidder s information for purposes of notice in Section 10.04 of the Proposed Agreement (include street address for Bidder): If to Bidder: with a copy to: Attn: FAX: Attn: FAX: 4. Changes to Proposed Agreement: a. Please list with specificity all changes or modifications (if any) to the terms of the Proposed Agreement (including exhibits) attached as Exhibit D to the Bid Package that Bidder desires to incorporate into the Proposed Agreement. Response: (i) Bid Form Carruth Administration Center (Rev. #1) 2
(ii) (iii) [Attach additional page(s) if necessary] b. Is Bidder s Bid conditioned upon AISD s acceptance of the changes and/or modifications to the Proposed Agreement stated above? Circle One: Yes No If yes, explain: 5. The Bidder hereby acknowledges receipt of all Addenda issued by AISD, if any, subsequent to the issuance of the Bid Package. 6. In submitting this Bid, Bidder certifies that: a. This Bid constitutes a firm offer to purchase the Property described in Exhibit A to the Bid Package on the terms stated in the Bid Documents, and Bidder understands that said offer shall be irrevocable for the duration of the period specified in Article VI of the Bid Instructions following the deadline for the submission of Bids. b. The undersigned is authorized to bind the Bidder. c. The purchase price stated in this Bid has been arrived at independently by the Bidder. The Bidder has engaged in no consultation, communication or agreement with any competitor regarding said price, or any matter relating to such price, the purpose of which is to restrict competition. d. The Bidder complies, or agrees to comply, with all requirements set forth in the Bid Documents. Bid Form Carruth Administration Center (Rev. #1) 3
e. The Bidder understands that this Bid will entitle it to be considered as a potential purchaser of the Property from AISD subject to the terms and conditions of the Bid Documents and that AISD will determine, in its sole discretion, whether to accept all, part or none of Bidder s bid. 7. If this Bid is accepted, the Bidder agrees to fully comply with the Bid Documents including the Agreement, in strict accordance with same. 8. The Bid Documents are incorporated herein by reference and made a part hereof for all purposes. All capitalized terms not otherwise defined herein shall have the same meanings as designated in AISD s Bid Package for the Sale of Real Property Located at 1111 West 6th Street, Austin, Travis County, Texas 78703, dated May 17, 2011, as the same may be modified as herein provided. 9. The Bid Guarantee, consisting of (a) a Bid Bond showing AISD as obligee, in the amount of $25,000.00, or (b) a cashier s check, payable to AISD, in the amount of $25,000.00, is enclosed. (Bidder s Name) (Signature of Authorized Officer) (Signer s Printed Name and Title) (area code) (phone number) Date: Bid Form Carruth Administration Center (Rev. #1) 4