County of Sacramento REQUEST FOR BIDS 8902 BEDFORD AVENUE FAIR OAKS, CALIFORNIA Minimum Bid Price: $75,000 SALE OF SURPLUS REAL PROPERTY AT PUBLIC BID Sealed Bid Submittal Deadline: Tuesday, June 12, 2018 at 2:00 P.M. Submit Bid Package to: County of Sacramento Real Estate Division 3711 Branch Center Road Sacramento, CA 95827 Attn: Michael Colbert Public Bid Opening: Wednesday, June 13, 2018 at 2:00 P.M. (Bidders must be present at the public bid opening for your sealed bid to be considered.) If you have questions after reviewing this Request For Bids, please contact Michael Colbert at phone (916) 876-5335 or email ColbertM@SacCounty.net 1
Table of Contents Overview... 3 Property... 4 Bid Instructions... 5 Submission Requirement... 6 Selection Criteria... 7 Selection Process... 7 Miscellaneous... 8 Tentative Schedule... 8 Attachments: Exhibit A - Legal Description Exhibit B - Plat Map Exhibit C - Aerial Photo and Proximity Map Exhibit D - Bid Form Exhibit E - Bidder Registration Form Exhibit F - Agreement to Escrow Instructions for Earnest Money Deposit Exhibit G - Sales and Purchase Agreement Exhibit H - Preliminary Title Report Exhibit I - Waiver and Release of Liability and Indemnity Agreement Exhibit J - Permit-To-Enter 2
OVERVIEW On September 13, 2006, the Board of Supervisors of the County of Sacramento (hereinafter referred to as County ) approved the Environmental Impact Report for the Hazel Avenue Widening Project Madison Avenue to U.S. Highway 50 (hereinafter referred to as Project ). The Project involves widening Hazel Avenue from four to six lanes and required the County s full acquisition of over 40 parcels. On December 9, 2014, the Board of Supervisors adopted Resolution No. 2014-1007, declaring remnant properties purchased for the Project as surplus and authorizing the sale of those parcels valued at $25,000 or less. The County has completed the sale of those properties. On April 24, 2018, the Board of Supervisors adopted Resolution No. 2018-0242, declaring the belowdescribed real property as surplus to County needs, authorizing the Director of the Department of General Services ( Director ) of the County to offer the property for sale and accept sealed bids, and setting a time and place for the sealed bid opening. At the conclusion of the sealed bid opening, the Director will call for oral bids. The Director has the sole discretion in determining the highest bid and may reject any and all bids, either written or oral, and withdraw the property from sale. Final acceptance of the sale shall be subject to the approval of the Board of Supervisors, pursuant to Government Code 25535. The County Real Estate Division is now accepting sealed bids for the purchase of County-owned real property located at 8902 Bedford Avenue, Fair Oaks, CA 95628 (portion of Assessor s Parcel Numbers 235-0212-029 & 030) on the east side of Hazel Avenue, south of Bedford Avenue (hereinafter referred to as Property ). Sealed written bids must be received by 2:00 P.M., Tuesday, June 12, 2018 at County of Sacramento Real Estate Division, 3711 Branch Center Road, Sacramento, CA 95827, Attention: Michael Colbert. Sealed bids will be opened and commencement of the public bid shall be at 2:00 P.M., Wednesday, June 13, 2018 at 3711 Branch Center Road, Sacramento, CA 95827 in Conference Room 112. The minimum bid shall be SEVENTY FIVE THOUSAND AND N0/100 DOLLARS ($75,000.00). No bids will be accepted for less than the minimum bid price. This is a cash sale. No contingencies will be considered. The Property offered for sale is on an AS-IS basis with no guarantees or warranties. Sale is a buyer beware sale. Prospective bidders are advised to read the information provided in the Preliminary Title Report and investigate the property BEFORE buying. It is the responsibility of the prospective bidder to inspect the property prior to submitting a bid to determine pertinent factors of access, zoning, utilities, and easements, etc. Upon request, prospective buyers will be given a Waiver and Release of Liability and Indemnity Agreement and/or a short-term Permit-To-Enter to conduct its due diligence tests and inspections. 3
PROPERTY The Property is located at 8902 Bedford Avenue, Fair Oaks, CA 95628 (portion of Assessor s Parcel Numbers 235-0212-029 & 030) on the east side of Hazel Avenue, south of Bedford Avenue. The Property fronts on Bedford Avenue. A sound wall was constructed along the Hazel Avenue right-ofway as part of the Project. Direct access to and from Hazel Avenue is restricted. Please see Exhibit A for a legal description of the Property, Exhibit B for a plat map of the Property, and Exhibit C for an aerial photo and proximity map. The Property consists of approximately 10,785 square feet (0.247 acre) of vacant land. The zoning is RD-5 Residential. To determine what uses are designated within the zoning criteria, consult the Sacramento County Planning and Environmental Review Division, Public Information Counter at: 827 7 th Street, Room 102 Sacramento, CA 95814 8:30 a.m. to 4:30 p.m. Monday through Friday Phone: (916) 874-6221 Email: sacplan@saccounty.net Website: www.per.saccounty.net 4
BID INSTRUCTIONS 1. Submitted Bids. Sealed bids must be submitted on the Bid Form (Exhibit D) and delivered to: County of Sacramento Real Estate Division 3711 Branch Center Road Sacramento, CA 95827 Attn: Michael Colbert Sealed bids MUST BE RECEIVED in our office at the above-described location by 2:00 P.M., Tuesday, June 12, 2018. Bids will NOT be accepted after the deadline. Each sealed bid will be marked with the date and time upon receipt. Postmarks are unacceptable. Bids will be opened, examined, and declared by the Director conducting the sale at 2:00 P.M., Wednesday, June 13, 2018 at the County of Sacramento Real Estate Division, 3711 Branch Center Road, Sacramento, CA 95827 in Conference Room 112. All bidders must be present with earnest money deposit to be considered. A completed and signed Bidder Registration Form (Exhibit E) shall be required. Complete the form and turn it in at the registration table on the day of the public bid opening. All bids submitted shall be deemed to have been made with full knowledge of all terms, conditions, and requirements herein contained. 2. Minimum Bid. The minimum bid shall be SEVENTY FIVE THOUSAND AND N0/100 DOLLARS ($75,000.00). No bids will be accepted for less than the minimum bid price. All sales will be for lawful money of the United States. No contingencies will be considered. 3. Earnest Money Deposit. Each bidder must bring to the sealed bid opening an earnest money deposit in the form of a bank certified check or cashier s check payable to Fidelity National Title Company at 1375 Exposition Boulevard, Suite 240, Sacramento, CA 95815 in the amount of FIFTEEN THOUSAND AND N0/100 DOLLARS ($15,000.00). Failure of the bidder to present the required earnest money deposit at registration on the day of the sealed bid opening shall be cause for rejection. The successful bidder s non-refundable earnest money deposit will be collected by County at the conclusion of the public bid and deposited in escrow to be applied towards the purchase price upon Close of Escrow. 4. Escrow Instructions for Earnest Money Deposit and Sales and Purchase Agreement. At the conclusion of the public bid, the successful bidder must sign the Agreement to Escrow Instructions For Earnest Money Deposit (Exhibit F), and the Sales and Purchase Agreement (Exhibit G). The County will deposit the fully-executed Escrow Instructions and earnest money deposit check to escrow, along with a copy of the partially-executed Sales and Purchase Agreement. 5. Balance Due. The balance of the winning bid amount accepted shall be due in full prior to the Close of Escrow to Fidelity National Title Company at 1375 Exposition Boulevard, Suite 240, Sacramento, CA 95815. The balance of the purchase price must be made by wire transfer, cashier s check, or bank certified check. Personal checks will not be accepted. If the successful bidder does not complete the sale, TIME BEING OF THE ESSENCE, the successful bidder shall forfeit all of his or her rights as such including the right to the earnest money deposit which shall be retained by the County of Sacramento to offset damages sustained by County as a direct and proximate result of bidder s failure to pay said balance, and all right, title and interest in said real property shall continue to remain vested in the County of Sacramento free of any claim or equity of such bidder or those claiming through him or her. The deposit shall not be refunded. However, in the event the Board of Supervisors is unwilling to authorize sale, earnest money deposit will be refunded to the successful bidder. 5
6. Bid To Purchase Executed By Other Than Bidder. A Bid Form (Exhibit D) executed by an attorney or agent on behalf of the bidder shall be accompanied by an authenticated copy of a Power of Attorney or other evidence of the authority to act on behalf of the bidder. If the bidder is a corporation, a Certificate of Corporate Bidder must be executed. If the Bid Form is signed by the Secretary of the corporation, the Certificate of Corporate Bidder must be executed by some other officer of the corporation under the corporate seal. In lieu of the Certificate of Corporate Bidder, there may be attached to the Bid Form, copies of corporation records that establish the official character and authority of the officer signing, duly certified by the secretary or assistant secretary under the corporate seal, to be true copies. SUBMISSION REQUIREMENT 1. SEALED WRITTEN BID. (DUE by 2:00 P.M., Tuesday, June 12, 2018 at County of Sacramento Real Estate Division, 3711 Branch Center Road, Sacramento, CA 95827, Attention: Michael Colbert) All sealed bids must include the following completed and signed document: a. Bid Form (Exhibit D) i. If Bid Form is executed by other than the bidder, form must be accompanied by evidence of the authority to act on behalf of the bidder as described in Paragraph 6 immediately above. Do not include the earnest money deposit in the sealed bid package! Bring that with you to the sealed bid opening and present at registration (see Public Bid below). 2. PUBLIC BID. (TO BE HELD at 2:00 P.M., Wednesday, June 13, 2018 at County of Sacramento Real Estate Division, 3711 Branch Center Road, Sacramento, CA 95827 on Conference Room 112) Sealed written bids will be opened at the Public Bid. All bidders must have submitted a sealed bid by the submittal deadline and need to be present at the public bid opening for his/her bid to be considered. Bidders must present the following at the registration table: a. Completed and signed Bidder Registration Form (Exhibit E) b. Valid picture identification (valid driver s license, California ID card, military ID card, or passport) c. Earnest money deposit in the form of a bank certified check or cashier s check payable to Fidelity National Title Company at 1375 Exposition Boulevard, Suite 240, Sacramento, CA 95815 in the amount of FIFTEEN THOUSAND AND N0/100 DOLLARS ($15,000.00) 3. Declaration of Highest Bid. Upon declaration of the highest bid, the successful bidder must be prepared to sign the Agreement to Escrow Instructions For Earnest Money Deposit (Exhibit F) and the Sales and Purchase Agreement (Exhibit G). The County will collect the earnest money deposit and signed agreements from the successful bidder and will submit said deposit and agreements to escrow. 6
SELECTION CRITERIA Selection criteria will be based on highest responsive bid. No contingencies will be considered. The Director may reject any and all bids, either written or oral, and withdraw the property from sale if he/she deems such action to be in the best public interest. SELECTION PROCESS 1. Public Bid Opening. Sealed bids will be opened at 2:00 P.M., Wednesday, June 13, 2018. The highest sealed written bid will be declared by the Director. 2. Oral Over-Bid Procedure. Immediately after opening and declaring written bids, the Director conducting the sale shall call for oral bidding, whereupon any bidder or bidder representative may make an oral bid for the Property. Oral bidders must have already submitted a sealed written bid in order to be qualified to make an oral bid. Bids shall be at a price at least five percent (5%) above the highest written bid or subsequent oral bid until the Property is sold to the highest bidder. Higher increments are acceptable should the bidders wish to expedite the sale. The Director shall have sole discretion in determining the highest bid. If the Director deems such action to be in the best public interest, the Director may reject any and all bids, either written or oral, and withdraw the Property from sale. 3. Agreement to Escrow Instructions for Earnest Money Deposit. After the highest bid is declared by the Director, an Agreement to Escrow Instructions for Earnest Money Deposit (Exhibit F) will be fully executed by the successful bidder and the County, which shall constitute the acceptance of the highest bidder. 4. Sales and Purchase Agreement. All terms and conditions of sale are contained in the Sales and Purchase Agreement (Exhibit G). After the highest bid is declared by the Director and the Agreement to Escrow Instructions for Earnest Money Deposit is signed by the successful bidder, the successful bidder will sign the Sales and Purchase Agreement, which constitutes bidder s acceptance of Property. Any proposed changes to the Sales and Purchase Agreement must be negotiated prior to the sealed bid opening. The Sales and Purchase Agreement shall be scheduled for hearing by the Board of Supervisors at the next available hearing date and shall not be binding or effective until approved by the Board at an open public hearing. 7
MISCELLANEOUS 1. INSPECTION OF PROPERTY. Caution! Investigate before you bid physical inspection of the Property is strongly recommended. Do not attempt to purchase Property at the public bid unless an investigation has been made as to the exact location, desirability, and usefulness of the Property. The Property will be sold on an AS-IS basis, and the County in no way assumes any responsibility, implied or otherwise, that the property is in compliance with zoning ordinances or conform to building codes and permits. The failure of any bidders to inspect or to be fully informed as to the condition of all or any portion of the premises or Property offered, will not constitute grounds for any claim or demand for adjustment or withdrawal of bid after auction. Prospective bidders are advised to read the information provided in the Preliminary Title Report (Exhibit H). Upon request, prospective buyers will be given a Waiver and Release of Liability and Indemnity Agreement (Exhibit I) and/or a short-term Permit-To-Enter (Exhibit J) to conduct its due diligence tests and inspections. Please note that the Permit-To-Enter requires certain insurance coverages. 2. COMMISSION. In the event successful bidder is represented by a licensed real estate broker, the successful bidder shall be responsible for any real estate, finders or other commission due or payable by reason of this transaction. Each party shall indemnify the other for any actions which may cause the other party to be liable for a real estate brokerage or sales commission arising here from. TENTATIVE SCHEDULE Tuesday, April 24, 2018 Wednesday, April 25, 2018 Tuesday, June 12, 2018 Wednesday, June 13, 2018 Thursday, June 14, 2018 Tuesday, July 24, 2018 August 2018 Board of Supervisors approval of Resolution of Intention Release Request for Bids Sealed Bids Due by 2:00 P.M. Public Bid Opening at 2:00 P.M. Submit Escrow Instructions and Earnest Money Deposit to Escrow Board of Supervisors approval of Sales and Purchase Agreement Close of Escrow 8