New DeKalb County Department of Purchasing and Contracting · 2019. 12. 16. · 100856, Sale of...

DeKalb County Department of Purchasing and Contracting Maloof Administration Building, 1300 Commerce Drive, 2nd Floor, Decatur, Georgia 30030

July 17, 2017

INVITATION TO BID (ITB) NO. 17-100856

FOR

SALE OF RIGHTS TO TITLE OF A CERTAIN PORTION OF THE BLUE SKY CONDOMINIUM COMPLEX

DEKALB COUNTY, GEORGIA

Procurement Agent: Cathryn Horner, Purchasing Manager, Team A Phone: 404-371-6334 Email: [email protected] Pre-Bid Conference and Site Visit:

August 1, 2017, 9:30 a.m. at 3106 Memorial Drive, Decatur GA 30032 The Pre-Bid and Site Visit are not mandatory but Bidders are encouraged to attend.

Deadline for Submission of Questions: 5:00 P.M. ET, August 4, 2017 Bid Opening: 3:00 P.M. ET, August 15, 2017

____________________________________________________________________________________________________________

FIRM’S NAME AND ADDRESS: (Street, City, State and Zip Code. Type or print): ________________________________________________

________________________________________________

________________________________________________

Federal Tax ID No. _______________________________ ARE YOU A DEKALB COUNTY FIRM? Yes ____ No ____

TELEPHONE AND FAX NUMBERS WITH AREA CODE: Phone:__________________________________________ Fax:____________________________________________

E-mail:_________________________________________

SIGNATURE OF PERSON AUTHORIZED TO SIGN BID AND DATE: ________________________________________________

SIGNER’S NAME AND TITLE (Type of Print): ________________________________________________

THE RESPONSIBILITY FOR SUBMITTING A RESPONSE TO THIS BID TO THE DEPARTMENT OF PURCHASING AND CONTRACTING OF DEKALB COUNTY GOVERNMENT ON OR BEFORE THE STATED DATE AND TIME WILL BE SOLELY AND STRICTLY THE RESPONSIBILITY OF THE BIDDER. NOTE: THIS IS NOT AN ITB FOR CONSTRUCTION SERVICES, BUILDING REMODELING SERVICES OR BUILDING REPAIR SERVICES.

ITB No. 17-100856

Page No. 1

TABLE OF CONTENTS

FOR

INVITATION TO BID NO. 17-100856

TITLE PAGE NO. INVITATION TO BID OVERVIEW 3 INVITATION TO BID PROCEDURES 5 BIDDING INSTRUCTIONS, TERMS AND CONDITIONS 9 THE EXERCISE OF DEKALB COUNTY’S CONTRACTUAL RIGHT TO DIRECT REAP/PSRES TO CONVEY REAP/PSRES’S REAL PROPERTY INTEREST IN A PORTION OF THE BLUE SKY CONDOMINIUMS PRICE SCHEDULE 12 BID ACKNOWLEDGEMENT FORM 15 NSP INITIATIVE TO ELIMINATE SLUM AND BLIGHT AND 16 PARTIAL LIST OF RECORDED DOCUMENTS REGARDING PROPERTY RIGHT OF ENTRY AND ACCESS AGREEMENT 21

ITB No. 17-100856 Page No. 2

INVITATION TO BID OVERVIEW

A. PURPOSE:

DeKalb County, Georgia (from time to time referred to in this Invitation to Bid as the “County”) requests competitively sealed bids from qualified bidders to pay to the County an amount not less than the aggregate fair market value for “Sale of Rights to a Certain Portion of the Blue Sky Condominium Complex” that is more particularly described on Page 12 in exchange for the County exercising its contractual right to direct Real Estate Alliance Partners/Pellerin & Salomon Real Estate Services, LLC (from time to time referred to in this Invitation to Bid as “REAP/PSRES”) to convey REAP/PSRES’ title, if any, to such portion of the Blue Sky Condominium Complex to the successful qualified bidder, in accordance with all attached requirements.

B. GENERAL INFORMATION:

1. BID TIMETABLE:

The anticipated schedule for the bid process is as follows:

Date Issued: July 10, 2017 Pre-Bid Conference and Site Visit: August 1, 2017, 9:30 a.m. at 3106 Memorial Drive, Decatur GA 30032

The Pre-Bid and Site Visit are not mandatory but Bidders are encouraged to attend.

Deadline for Submission of Questions: 5:00 P.M. ET, August 4, 2017

Bid Opening: 3:00 P.M. ET, August 15, 2017

Bids Valid Until: Bids shall be valid for 120 days from and including the bid opening date.

Sealed bids are to be addressed and delivered to: DeKalb County Department of Purchasing and Contracting Maloof Administration Building 1300 Commerce Drive, 2nd Floor Decatur, Georgia 30030, not later than 3:00 P.M. ET, August 15, 2017. Submit one original bid package (inclusive of the entire Invitation to Bid document and required documents) stamped “Original” and two sealed identical copies stamped “Copy” of the bid package to the address listed above.

2. CONTACT PERSON: The contact person for this bid is Cathryn Horner, Procurement Manager, Team A. General inquiries concerning the meaning or interpretation of this Invitation to Bid (ITB) may be requested from the contact person via telephone at 404-371-6334 or via email at [email protected]. Questions and requests for information or clarification concerning the specifications in this ITB must be submitted to the above listed contact person via email no later than the date and time listed in the bid timetable. Questions and requests received after the above stated time or sent to anyone other than the listed contact person will not receive a response or be the subject of addenda.

3. QUESTIONS: All requests must be in writing. Any explanation desired by a bidder regarding the meaning or interpretation of the Invitation to Bid, drawings, specifications, requirements, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before the submission of their bids. If any statement in the bidding documents, specifications, plans, etc., appear ambiguous to the Bidder, Bidder is specifically instructed to make a written request to the Department of Purchasing and

ITB No. 17-100856 Page No. 3

Contracting as outlined in the preceding sentence. Any information given to a prospective bidder concerning an Invitation to Bid will be furnished to all prospective bidders, as an addenda to the Invitation, if such information is necessary to bidders in submitting bids on the Invitation or if the lack of such information would be prejudicial to uninformed bidders. Oral explanations or instructions given before the award of the contract will not be binding. Questions must be submitted no later than 5:00 pm EST on “August 4, 2017.”

4. ADDITIONAL INFORMATION/ADDENDA:

The County will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the bid opening date. Bidders should not rely on any representations, statements or explanations other than those made in this ITB or in any addendum to this ITB. Where there appears to be a conflict between the ITB and any addenda issued, the last addendum issued will prevail. It is the responsibility of the Bidder to ensure awareness of all addenda issued for this solicitation. Please acknowledge the addenda and submit to the DeKalb County Department of Purchasing and Contracting as requested. Bidders may contact the above listed contact person to verify the number of addenda prior to submission. Addenda issued for this ITB will be posted on DeKalb County’s website, https://www.dekalbcountyga.gov/purchasing-contracting/bids-itb-rfps. Bidder should regularly check the County’s website for addenda.

ITB No. 17-100856 Page No. 4

INVITATION TO BID PROCEDURES

A. BIDDER INFORMATION:

1. FAILURE TO RETURN ALL PAGES OF THIS INVITATION TO BID MAY RESULT IN BID BEING DEEMED NON-RESPONSIVE.

2. Should any of the submittals not be identical to the original submittal, bidder may be deemed non-

responsive and his bid may be rejected and not considered.

3. Bid Withdrawal Bids may be withdrawn at any time prior to the bid opening. After bids have been publicly opened, withdrawal of bids shall be based upon Part 3, Section IV, F. within the DeKalb County Purchasing Policy.

4. Expenses of Preparing Responses to this ITB The County accepts no responsibility for any expenses incurred by the Bidders who submit bids in response to this ITB. Such expenses are to be borne exclusively by the Bidders.

5. It is the responsibility of each Bidder to ensure that its submission is received by 3:00 p.m. on the bid due date. The time/date stamp clock located in the Department of Purchasing & Contracting shall serve as the official authority to determine lateness of any bid. The bid opening time shall be strictly observed. Be aware that visitors to our offices will go through a security screening process upon entering the building. Bidders should plan enough time to ensure that they will be able to deliver their submission prior to our deadline. Late submissions, for whatever reason, will not be evaluated. Bidders should plan their deliveries accordingly. Telephone or fax bids will not be accepted.

6. Attention to General Terms and Conditions Bidders are cautioned to thoroughly understand and comply with all matters covered under the General Terms and Conditions section of this ITB. The successful Bidder(s) will enter into a contract approved by the County. The County’s ITB document and attachments, subsequent County addenda, and the Bidder’s response documents are intended to be incorporated into a contract. All Bidders should thoroughly review this document prior to submitting a bid. Any proposed revisions to the terms or language of this document must be submitted in writing with the bid. Since proposed revisions may result in a bid being rejected if the revisions are unacceptable to the County, bidders should review any proposed revisions with an officer of the firm having authority to execute the contract. No alterations can be made in the contract after award is made.

7. Required Signatures Bids must be signed by an officer or agent of the firm having the authority to execute contracts.

8. Ethics Rules Bidders are subject to the Ethics provision within the DeKalb County Purchasing Policy; the Organizational Act, Section 22A, the Code of DeKalb County; and the rules of Executive Order 2014-4. Any violations will be addressed, pursuant to these policies and rules. To the extent that the Organizational Act, Section 22A, the Code of DeKalb County, and the rules of Executive Order 2014-4 allow a gift, meal, travel expense, ticket, or anything else of value to be purchased for a CEO employee by a contractor doing business with the County, the contractor must provide written disclosure, quarterly, of the exact nature and value of the purchase to the Chief Integrity Officer, if created, or the Finance Director or his/her designee. Every contractor

ITB No. 17-100856 Page No. 5

conducting business with the County will receive a copy of these ethical rules at the time of execution of the contract.

B. BID SUBMITTAL:

1. All bids should be completed in ink or typewritten. Errors should be crossed out and corrections

entered in ink or typewritten adjacent to the error. The person signing the bid should initial corrections in ink.

2. If applicable, provide evidence that the Bidder is a DeKalb County Firm.

3. Bids must be submitted in a sealed envelope(s) or box(es) with the Bidder’s name and “ITB No. 17-

100856, Sale of Rights to Title of a Certain Portion of the Blue Sky Condominium Complex” on the outside of each envelope or box. All Bidders delivering submittals via delivery services, please place the sealed bid envelope(s) or box(es) inside the delivery service envelope(s) or box(es). Bidders are responsible for informing any delivery service of all delivery requirements. No responsibility shall attach to the County for the premature opening of a submission not properly addressed and/or identified. The Decatur postmaster will not deliver certified or special delivery mail to specific addresses within DeKalb County Government.

C. CONTRACT AWARD:

1. Information identifying the recorded documents received by the County from REAP/PSRES relating

to Item No. 1 are attached as Exhibit “A” to the Invitation to Bid. DEKALB COUNTY, GEORGIA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, THAT DOCUMENTS IDENTIFIED IN EXHBIT A ARE TRUE, CORRECT AND COMPLETE OR ARE AN EXHAUSTIVE LIST OF ALL RECORDED DOCUMENTS EVIDENCING REAP/PSRES’ INTEREST, IF ANY, OR THAT THOSE DOCUMENTS ESTABLISH THAT REAP/PSRES HOLDS ANY REAL PROPERTY INTEREST IN THE BLUE SKY CONDOMINIUM COMPLEX, OR ANY PORTION THEREOF.

2. A sketch of the site, floodplain map, and site survey are attached as Exhibit “B” to the Invitation to

Bid. 3. DeKalb County still has a relationship with REAP/PSRES such that DeKalb County may direct

REAP/PSRES to transfer its real property interest in the Blue Sky Condominium project to the successful bidder.

4. REAP/PSRES’ files, papers, documents and data, if any, are the property of REAP/PSRES and not

the property of DeKalb County. DeKalb County will not sell these items as part of the interest described in ITB No. 17-100856. Additionally, DeKalb County does not, and will not be deemed to, make any representations or give any assurances that any such files, papers, documents and data provided to any bidder or any other party by REAP/PSRES or by any other party (other than DeKalb County), are accurate or complete.

5. DeKalb County does not have a master list of all title interests because DeKalb County has not

compiled one. DeKalb County will not attempt to identify the owners of any of the real property interests comprising the Blue Sky Condominium project. DeKalb County expects that interested bidders will conduct a search of the real property records, and rely upon those search results to identify and analyze the state of title to the real property interests comprising the Blue Sky Condominium project.

ITB No. 17-100856 Page No. 6

6. Note that the previous project did not include demolition or assessments for hazardous materials;

therefore, the County does not have any information pertaining to such. 7. DeKalb County anticipates that bidders will contact any parties that bidders deem necessary to contact

during the course of bidders’ due diligence process. With respect to ITB No. 17-100729, (i) neither REAP/PSRES nor the law firm(s) that have provided services to REAP/PSRES are agents of DeKalb County, and (ii) DeKalb County is not an agent of either REAP/PSRES or the law firm(s) that have provided services to REAP/PSRES. Further DeKalb County does not, and will not be deemed to, make any representation or give any assurances that any information bidders obtain from any party other than DeKalb County is accurate and complete.

8. THE COUNTY DOES NOT BY THE PUBLICATION, POSTING OR DISSEMINATION OF THIS

INVITATION TO BID AND ALL EXHIBITS AND OTHER INFORMATION PROVIDED HEREWITH (INCLUDING, WITHOUT LIMITATION, EXHIBIT A) OR POSTED FROM TIME TO TIME ON THE COUNTY’S WEBSITE, HTTPS://WWW.DEKALBCOUNTYGA.GOV/PURCHASING-CONTRACTING/BIDS-ITB-RFPS, AND THE COUNTY SHALL NOT BY THE PUBLICATION, POSTING OR DISSEMINATION OF ANY ADDENDA, DOCUMENT, INSTRUMENT OR OTHER INFORMATION PUBLISHED, POSTED OR DISSEMINATED IN CONNECTION WITH THIS INVITATION TO BID, MAKE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE WHATSOEVER, WITH RESPECT TO THE BLUE SKY CONDOMINIUM COMPLEX, AND ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING PROVISION, THE COUNTY MAKES, AND SHALL MAKE, NO EXPRESS OR IMPLIED WARRANTY AS TO MATTERS OF TITLE, ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITION, VALUATION, GOVERNMENTAL APPROVALS, GOVERNMENTAL REGULATIONS OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE BLUE SKY CONDOMINIUM COMPLEX (HEREIN COLLECTIVELY CALLED THE “DISCLAIMED MATTERS”). WITH RESPECT TO THE BLUE SKY CONDOMINIUM COMPLEX AND EXHIBIT A, BIDDER HAS NOT RELIED UPON AND WILL NOT RELY UPON, EITHER DIRECTLY OR INDIRECTLY, ANY REPRESENTATION OR WARRANTY OF THE COUNTY. BIDDER WILL HAVE THE OPPORTUNITY TO CONDUCT A VISUAL INSPECTION OF THE BLUE SKY CONDOMINIUM COMPLEX (SUBJECT TO THE TERMS, REQUIREMENTS AND CONDITIONS CONTAINED IN THAT CERTAIN RIGHT OF ENTRY AND ACCESS AGREEMENT ATTACHED TO THE INVITATION TO BID AS EXHIBIT “B”) AND RELY UPON SAME AND SHALL ASSUME THE RISK THAT ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMED MATTERS, MAY NOT HAVE BEEN REVEALED BY BIDDER’S VISUAL INSPECTION AND OTHER INVESTIGATIONS. BIDDER SHALL ACCEPT ANY REAL PROPERTY INTEREST IN THE BLUE SKY CONDOMINIUM COMPLEX OBTAINED BY VIRTUE OF ITEM NO. 1 “AS IS”, “WHERE IS”, AND WITH ALL FAULTS, AND THERE ARE NO ORAL AGREEMENTS, WARRANTIES OR REPRESENTATIONS, COLLATERAL TO OR AFFECTING ITEM NO. 1 BY THE COUNTY. BIDDER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT IT HEREBY WAIVES, RELEASES AND DISCHARGES ANY CLAIM IT HAS, MIGHT HAVE HAD OR MAY HAVE AGAINST COUNTY WITH RESPECT TO (I) THE DISCLAIMED MATTERS, (II) THE CONDITION OF THE BLUE SKY CONDOMINIUM COMPLEX, EITHER PATENT OR LATENT AND (III) ANY OTHER STATE OF FACTS THAT EXISTS WITH RESPECT TO THE BLUE SKY CONDOMINIUM COMPLEX. IN THE EVENT THAT THERE IS A SUCCESSFUL QUALIFIED BIDDER, THE TERMS AND CONDITIONS OF THIS PARAGRAPH SHALL EXPRESSLY SURVIVE THE CONSUMMATION OF THE TRANSFER

ITB No. 17-100856 Page No. 7

OF ANY PORTION OF THE BLUE SKY CONDOMINIUM COMPLEX TO SUCH SUCCESSFUL QUALIFIED BIDDER BY REAL ESTATE ALLIANCE PARTNERS/PELLERIN & SALOMON REAL ESTATE SERVICES, LLC.

9. DeKalb County reserves the right to reject any and all bids and to re-advertise. The acceptance of any

bid shall be subject to the approval of the governing authority of DeKalb County. 10. DeKalb County will facilitate the closing process. 11. DeKalb County will not waive or extinguish any unpaid tax obligations regarding the property. 12. DeKalb County will and does reserve the right to collect any unpaid water bills regarding the property

incurred within the applicable statute of limitations.

13. Bidder is cautioned to make the bid complete and to furnish all information and detail required by these specifications. Failure to comply may result in the bid being unconsidered due to incompleteness.

14. THIS BID IS NOT A BID FOR CONSTRUCTION SERVICES, BUILDING REMODELING

SERVICES OR BUILDING REPAIR SERVICES. 15. TORT IMMUNITY: No officer, employee, or agent of the County acting within the scope of his/her

employment or function shall be held personally liable in tort or named as a defendant in any action for injury or damage suffered because of any act, event, or failure to act.

16. OPEN RECORDS ACT: Without regard to any designation made by the person or entity making a

submission, DeKalb County considers all information submitted in response to this Invitation to Bid to be public record that will be disclosed upon request pursuant to the Georgia Open Records Act, O.C.G.A. § 50-18-7- et seq., without consulting or contacting the person or entity making the submission, unless a court order is presented with the submission. You may wish to consult an attorney or obtain legal advice prior to making a submission.

ITB No. 17-100856 Page No. 8

BIDDING INSTRUCTIONS, GENERAL TERMS AND CONDITIONS REGARDING THE EXERCISE OF DEKALB COUNTY’S CONTRACTUAL RIGHT TO DIRECT REAP/PSRES TO CONVEY REAP/PSRES’S REAL PROPERTY INTEREST IN A PORTION OF THE BLUE SKY

CONDOMINIUMS

A. NO BID BY REAP/PSRES. By submitting a bid, each bidder will be deemed to represent and warrant to the County that such bidder is not REAP/PSRES.

B. VISUAL INSPECTION ONLY. Bidder acknowledges that Bidder will have the opportunity, but is not obligated,

to conduct a visual inspection of the Blue Sky Condominium Complex (subject to the terms, requirements and conditions contained in that certain Right of Entry and Access Agreement attached to the Invitation to Bid as Exhibit “B” ) prior to submitting a bid. In no case will Bidder’s inability to conduct any physical inspection of the Blue Sky Condominium Complex other than such visual inspection constitute grounds for the withdrawal of a bid after opening.

C. CONDITION AND LOCATION OF PROPERTY. Any portion of the Blue Sky Condominium Complex

that is conveyed to the Bidder will be conveyed ''as is" and "where is". T he County makes no warranty, express or implied, as to quantity, kind, character, quality, size, or description of any of the Blue Sky Condominium Complex, or its fitness for any use or purpose.

D. PREPARATION OF BIDS. (a) Bidders are expected to examine all instructions. Failure to do so will be at

the bidder's risk. (b) Each bidder shall furnish the information required by the bid form. The bidder shall sign the bid and print or type his name on the original and each continuation sheet thereof on which he makes an entry. Erasures or other changes must be initiated by the person signing the bid. Bids signed by an agent are to be accompanied by evidence of his authority unless such evidence has been previously furnished to the issuing office. (c) A total bid price shall be entered in the amount column. Payment of the bid price should not be structured to include a deferred payment arrangement, installment payments, third party financing contingencies, contingent payments or “seller-financing”.

E. EXPLANATIONS TO BIDDERS. Any explanation desired by a bidder regarding the meaning or

interpretation of the Invitation to Bid, etc. must be requested in writing to the Department of Purchasing and Contracting and with sufficient time allowed for a reply to reach bidders before the submission of their bids. Any information given to a prospective bidder concerning an Invitation to Bid will be furnished to all prospective bidders, as an addendum to the Invitation to Bid, if such information is necessary to bidders in submitting bids on the Invitation to Bid or if the lack of such information would be prejudicial to uninformed bidders. Receipt of addenda by a bidder must be acknowledged on the bid or by a letter received before the time set for opening of bids. Oral explanations or instructions given before the final selection of the successful qualified bidder will not be binding.

F. SUBMISSION OF BIDS. - (a) Bids and modifications thereof shall be enclosed in sealed envelopes,

addressed to the office specified in the Invitation to Bid, with the name and address of the bidder, the date and hour of opening, and the invitation number in the face of the envelope. Telegraphic bids or Facsimile bids wil1 not be considered: The Bidder agrees that his bid will not be withdrawn within ninety (90) calendar days and that during such period his bid will remain firm and irrevocable. The County reserves the right to reject any or all bids, to waive any technical defects in bids, and unless otherwise specified by the County or by the Bidder, to direct REAP/PSRES to convey only a portion of REAP/PSRES’s real property interest in the Blue Sky Condominium Complex, as may be in the best interest of the County. (b) Be sure to sign bids; unsigned bids will not be considered (except in cases where bid is enclosed with other papers which have been signed and this determination is to be made by the County).

G. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS. Verify your bid. Late bids and modifications

or withdrawals thereof received at the office designated in the Invitation to Bid after the exact time set for ITB No. 17-100856

Page No. 9

opening of bids will not be considered.

H. EMPLOYEE BIDDING. Employees of DeKalb County (including members of the immediate families) may bid on this property.

I. PAYMENT . The Bidder agrees to pay the price quoted in his bid in return for DeKalb County exercising its contractual right to direct REAP/PSRES to convey REAP/PSRES’s real property interest in a portion of the Blue Sky Condominium Complex. Payment of the full purchase price must be made before (or at the same time that) DeKalb County directs REAP/PSRES to convey its interest to the Bidder (i.e., a simultaneous closing). The balance of the purchase price after applying the total bid deposit made by the Bidder under the Invitation t o B i d (or otherwise the full purchase price) shall be paid to the Department of Purchasing and Contracting by certified check made payable to DeKalb County Director of Finance. Payment of the purchase price should not be structured as a deferred payment arrangement, an installment payment arrangement or contemplate “seller-financing”. And, payment of the purchase price shall not be contingent upon third party financing or any other contingencies.

J. COUNTY-FURNISHED PROPERTY. No labor or facilities will be furnished by the County unless otherwise provided for in the Invitation to Bid.

K. AWARDS: The final selection, if any, of the successful qualified bidder will be made based upon the

County’s identification of the highest responsive and responsible bidder whose bid will be most advantageous to the County, price and other factors considered. The County reserves the right to make one selection, multiple selections, or no selection, reject or accept any or all bids and waive informalities, minor irregularities and technicalities in bids received, whichever is deemed to be in the best interest of the County.

L. RISK OF LOSS. After DeKalb County exercises its contractual right to direct REAP/PSRES to convey

REAP/PSRES’s real property interest in a portion of the Blue Sky Condominium Complex to the successful qualified bidder, all risk of loss, damage, or destruction from any cause whatsoever shall be borne by the successful qualified bidder. In no event shall County be responsible for any maintenance of, or loss, damage or destruction to the Blue Sky Condominium Complex.

M. DEFAULT. If, after being selected as the successful qualified bidder, the Bidder fails to timely (i.e., at the

closing of the transfer of REAP/PSRES’s real property interest) pay the balance of the purchase price as required by this Invitation to Bid, he shall forfeit his bid deposit as liquidated damages and lose any right, title or interest which he may have otherwise to require DeKalb County to exercise its contractual right to direct REAP/PSRES to convey REAP/PSRES’s real property interest in a portion of the Blue Sky Condominium Complex to the Bidder. Additionally, Bidder is hereby informed that if the County gives REAP/PSRES written direction to convey REAP/PSRES’s real property interest in a portion of the Blue Sky Condominium Complex to the Bidder and REAP/PSRES fails to do so, REAP/PSRES’s failure to so convey its interest after having received the County’s written direction to do so shall not be deemed a County default, and County shall not be deemed to be liable to Bidder for damages.

N. FAILURE TO BID. In the event no bid is to be submitted, do not return the invitation unless otherwise

specified. Failure of the recipient to bid, or to notify the issuing office that future invitations are desired, may result in removal of the name of such recipient from the mailing list for the type of items covered by the Invitation to Bid.

O. FAILURE TO OBSERVE. Any of the instructions and conditions in this Invitation to Bid that are not

observed may constitute grounds for rejection.

ITB No. 17-100856 Page No. 10

P. REJECTION OF BIDS. The County reserves the right to reject any or all bids, or to waive any technicalities and to re-advertise the property. The County also reserves the right to remove the property described herein from the market before bids are opened and to make NO AWARD on bids received.

Q. Bidder is cautioned to make his bid complete and to furnish all information and details required by these

specifications. Failure to comply may result in the bid being non-responsive due to incompleteness.

R. This Invitation to Bid consists of 27 pages: FAILURE TO RETURN ALL WILL RESULT IN BID BEING DEEMED NON-RESPONSIVE.

ITB No. 17-100856 Page No. 11

PRICE SCHEDULE

INTERESTS

Option

A

Cash Bid

The exercise of DeKalb County, Georgia’s contractual right under Amendment No. 2 to DeKalb County Contract No. 09-901732 – “NSP Initiative to Eliminate Slum and Blight- Blue Sky Condominium” dated April 21, 2010, between DeKalb County, Georgia and Real Estate Alliance Partners/Pellerin & Salomon Real Estate Services, LLC to direct REAP/PSRES to convey REAP/PSRES’s real property interest, if any, in that certain portion of the Blue Sky Condominium Complex located at 3106 Memorial Drive, Decatur, Georgia 30032 (which portion is described by the documentation attached to this Invitation to Bid as Exhibit “A”1) to the successful qualified bidder.

Amount Bid in Figures $ _____________________________ Amount Bid in Words $ _________________________________________________________________________

Option

B

Cash Bid with a Required Affordable Housing Commitment The exercise of DeKalb County, Georgia’s contractual right under Amendment No. 2 to DeKalb County Contract No. 09-901732 – “NSP Initiative to Eliminate Slum and Blight- Blue Sky Condominium” dated April 21, 2010, between DeKalb County, Georgia and Real Estate Alliance Partners/Pellerin & Salomon Real Estate Services, LLC to direct REAP/PSRES to convey REAP/PSRES’s real property interest, if any, in that certain portion of the Blue Sky Condominium Complex located at 3106 Memorial Drive, Decatur, Georgia 30032 (which portion is described by the documentation attached to this Invitation to Bid as Exhibit “A”2) to the successful qualified bidder.

Amount Bid in Figures $ _____________________________ Amount Bid in Words $ _________________________________________________________________________

1 DeKalb County does not represent that the documentation attached as Exhibit “A” describes all of REAP/PSRES’s interest in the Blue Sky Condominium project. Instead, DeKalb County expects that interested bidders will conduct a search of the real property records, and rely upon those search results to identify and analyze the state of title to the real property interests comprising the Blue Sky Condominium project, and specifically, REAP/PSRES’s interest in the Blue Sky Condominium project. 2 DeKalb County does not represent that documentation attached as Exhibit “A” describes all of REAP/PSRES’s interest in the Blue Sky Condominium project. Instead, DeKalb County expects that interested bidders will conduct a search of the real property records, and rely upon those search results to identify and analyze the state of title to the real property interests comprising the Blue Sky Condominium project, and specifically, REAP/PSRES’s interest in the Blue Sky Condominium project.

ITB No. 17-100856 Page No. 12

NOTES:

1. Conditional offers will be rejected.

2. Bidder may submit bids for Option A, Option B, or both.

3. The following are bid requirements pertaining to Option A only: a. Option A has a minimum bid requirements of no less than $750,000.00.

4. The following are bid requirements pertaining to Option B only:

a. Option B does not have a minimum bid requirement. b. The property will be conveyed to Bidder at Closing subject to a required affordable housing

commitment stating that no less than 20% of the units will be affordable to low income households. Additionally, Option B is subject to the requirements set forth in Exhibit D, Guidelines for Affordable Housing Commitment within a Proposed Residential Development. Within five (5) years after Closing Bidder must both (1) obtain “insurable fee simple title” to all of the units in the Blue Sky Condominium Complex that are not conveyed to the Bidder at Closing (i.e., such that Bidder then owns 100% of the property comprising the Blue Sky Condominium Complex) and (2) either i) demolish or ii) renovate, restore or rehab, as necessary, the property and all structures on the property to bring the property and all such structures into compliance with local codes and ordinances and state laws. Additionally, Bidder shall at all times after Closing keep the Blue Sky Condominium Complex secure and cleared of debris and trash as required by applicable law.

5. For the purposes of this ITB, “Closing” means the delivery of the conveyance deed by REAP/PSRES

to the successful bidder.

6. For the purposes of this ITB, “insurable fee simple title” means such title as is insurable by a title insurance company, under its standard form of owner’s policy of title insurance, at its standard rates, subject only to the following: (i) the standard or printed exclusions and standard or printed exceptions in the form of owner’s policy of title insurance referenced above; (ii) such matters as would be disclosed by a current and accurate survey and inspection of the Blue Sky Condominium Complex; (iii) the lien for property taxes, utility costs and property owner’s association fees; (iv) zoning ordinances affecting the Blue Sky Condominium Complex; (v) all easements, covenants, restrictions, reservations and rights-of-way of record as of the date of Closing and (vi) the state of compliance or non-compliance of the Blue Sky Condominium Complex as of the date of Closing with any laws, codes, ordinances, rules, regulations or private restrictive covenants applicable to or affecting the Blue Sky Condominium Complex.

7. DeKalb County reserves the right to review, along with its Federal partner, all offers and accept that offer which is most advantageous to the County.

8. The enclosed (or attached) bid in response to Invitation No. 17-100856 is a firm offer, as defined by

Section O.C.G.A. 11-2-205 of the Code of Georgia (Georgia Laws 1962 pages 156-178), by signatory. This offer shall remain open for acceptance for a period of one hundred twenty (120) calendar days from the date of the opening of the bids, as set out in the invitation for bids. The terms, conditions, and other limitations of the invitation for bid are accepted.

9. The transaction(s) contemplated by this Invitation to Bid shall be subject to the following conditions:

Nothing herein shall be construed to deprive any person or other legal entity of any private rights

ITB No. 17-100856 Page No. 13

which might have been acquired pursuant to purchase according to any recorded plat or to affect any existing easements, for utilities or other purpose, held by a legal entity other than DeKalb County, Georgia. Provided further that the County hereby reserves for itself and its successors and assigns, any and all existing water and sewer easements upon, over, across, and under the above-described property for the collection, direction, concentration, discharge, ponding, or retention of rain waters, surface water or other waters from the roads, streets, alleys, parks, lots, ditches, culverts, drains, lakes, rivers, streams, ponds and properties of DeKalb County, Georgia, or properties devoted to a public use. Notwithstanding the foregoing, DeKalb County reserves the right to reject any and all bids submitted.

10. Neither this Invitation to Bid, nor any future addenda hereto nor any exhibits or other information

published presently or in the future in connection herewith shall be deemed: (i) a representation or warranty that DeKalb County holds any real property interest in the Blue Sky Condominium Complex, or any portion thereof, or (ii) a representation or warranty that REAP/PSRES holds any real property interest in the Blue Sky Condominium Complex, or any portion thereof or (iii) to make any bidder an assignee of, or a third party beneficiary under or with respect to, DeKalb County Contract No. 09-901732 – “NSP Initiative to Eliminate Slum and Blight- Blue Sky Condominium” dated April 21, 2010, including all amendments thereto and modifications thereof.

11. At the Closing, and in the event that the successful bidder bid for Option B (and not Option A), the

successful bidder will enter into an agreement with the County (in recordable form, and otherwise in a form acceptable to the County) providing that the successful bidder will, within five (5) years after Closing, both (A) obtain “insurable fee simple title” to all of the units in the Blue Sky Condominium Complex that are not conveyed to the Bidder at Closing (i.e., such that Bidder then owns 100% of the property comprising the Blue Sky Condominium Complex) and (B) either i) demolish or ii) renovate, restore or rehab, as necessary, the property and all structures on the property to bring the property and all such structures into compliance with local codes and ordinances and state laws. After Closing, Bidder shall at all times keep the Blue Sky Condominium Complex secure and cleared of debris and trash as required by applicable law. In the event that the successful bidder bid for Option B, a deed restriction or a restrictive covenant, in a form acceptable to the County, shall also be recorded against the property at Closing to evidence the affordability restrictions.

End Price Schedule.

ITB No. 17-100856 Page No. 14

BID ACKNOWLEDGEMENT FORM

I, the undersigned, acknowledge that I have read the Bid Document in its entirety and agree to conform to its every requirement. I further acknowledge that failure to prepare, submit, or execute this bid in the exact manner requested will be just cause to reject my entire bid. ___________________________________ ___________________________________ Name of Business Entity Submitting Bid Print Name and Title of Authorized Signer ___________________________________ __________________________________ Business Entity Street Address Authorized Signature ___________________________________ ___________________________________ Business Entity City, State and Zip Code Contact Person’s Phone Number ___________________________________ ___________________________________ Business Entity County Contact Person’s E-mail Address ___________________________________ ___________________________________ ___________________________________

Bidder acknowledges addendum(s): No. 1____, No. 2____, No. 3____ (If Applicable)

Bidder acknowledges that this bid is valid for 120 days from and including __________(Initial) the bid opening date. The above acknowledgment must be properly signed and firmly attached to your bid. The acknowledgment becomes a part of your bid and without it your bid is not complete and will be subject to rejection. THIS PAGE MUST BE RETURNED WITH YOUR BID. FAILURE TO SUBMIT THIS COMPLETED FORM MAY RESULT IN YOUR BID BEING DEEMED NON-RESPONSIVE.

ITB No. 17-100856 Page No. 15

Exhibit “A”

[ Partial List of Recorded Documents Regarding Property Attached]

ITB No. 17-100856 Page No. 16

PARTIAL LIST OF RECORDED DOCUMENTS REGARDING PROPERTY

UNIT VESTED OWNER DEED REFERENCE (DeKalb County Real Property Records)

3106-1 Blue Sky Residential Condominium Association, Inc.

23211/32

3106-2 Real Estate Alliance Partners /Pellerin & Salomon Real Estate Services, LLC

22337/207

3106-3 Blue Sky Residential Condominium Association, Inc.

23211/24

3106-4 Real Estate Alliance Partners /Pellerin & Salomon Real Estate Services, LLC

22127/144

3106-5 MAR Partners 1, LLC 21609/329 3106-6 Blue Sky Residential Condominium Association,

Inc. 23211/20

3106-7 Ron Louder 21470/721 3106-8 Janice McDaniel 19872/102 3106-9 Real Estate Alliance Partners /Pellerin & Salomon

Real Estate Services 22127/298

A-1 Real Estate Alliance Partners /Pellerin & Salomon Real Estate Services

22129/50


22129/50


22129/50


22129/50


22129/50


22129/50


22129/50


22129/50

B-1 Real Estate Alliance Partners /Pellerin & Salomon Real Estate Services

22129/50


22129/50


22129/50


22129/50


22129/50


22129/50


22129/50


22129/50

ITB No. 17-100856 Page No. 17




22129/50

B-8 Real Estate Alliance Partners /Pellerin & Salomon Real Estate Services, LLC

22129/50

B-9 Red Hair Investments Group, LLC 18572/354 C-1 SG Real Properties, LLC 23900/740 C-2 Real Estate Alliance Partners /Pellerin & Salomon

Real Estate Services, LLC 22140/470

C-3 Federal National Mortgage Association 20879/420 C-4 Real Estate Alliance Partners /Pellerin & Salomon


C-5 Real Estate Alliance Partners /Pellerin & Salomon Real Estate Services

22126/444

C-6 Real Estate Alliance Partners /Pellerin & Salomon Real Estate Services

22115/80

C-7 Chase Home Finance 22213/206 C-8 Raymond G. Daniels 20358/626 C-9 Lovie Hobbs 20769/599 D-1 Blue Sky Residential Condominium Association,

Inc. 23075/772

D-2 Real Estate Alliance Partners /Pellerin & Salomon Real Estate Services, LLC

22129/50

D-3 Blue Sky Residential Condominium Association, Inc.

23075/772


22129/50

D-5 Marvin Jerome Forte 20156/768 D-6 Real Estate Alliance Partners /Pellerin & Salomon


D-7 Blue Sky Residential Condominium Association, Inc.

22844/597


22129/50

D-9 Red Hair Investments Group, LLC 18572/354 E-1 DFI-OTH Cap, LLC 23002/96 E-2 Real Estate Alliance Partners /Pellerin & Salomon


E-3 G8 Capital Fund V, LLC 21747/437 E-4 Blue Sky Residential Condominium Association,

Inc. 23036/75

E-5 Sara F. Lavender & Lissa Perez 20119/650 E-6 Real Estate Alliance Partners /Pellerin & Salomon


E-7 PCB Real Estate Venture 21649/342 E-8 Real Estate Alliance Partners /Pellerin & Salomon


F-1 Real Estate Alliance Partners /Pellerin & Salomon Real Estate Services

22129/50

ITB No. 17-100856 Page No. 18




22129/50


22129/50


22129/50

F-5 Blue Sky Residential Condominium Association, Inc.

22546/49


22129/50


22129/50


22129/50

G-1 Mariesha Collins 19770/730 G-2 Deutsche Bank Trust Company Americas

formerly known as Banker’s Trust Company, as Trustee and Custodian for Morgan Stanley ABS Capital I Inc., MSAC 2007-NC4

20596/64

G-3 Real Estate Alliance Partners /Pellerin & Salomon Real Estate Services, LLC

22011/275

G-4 Heather Leone 24236/227 G-5 Real Estate Alliance Partners /Pellerin & Salomon


G-6 Real Estate Alliance Partners /Pellerin & Salomon Real Estate Services

22127/144

G-7 Real Estate Alliance Partners /Pellerin & Salomon Real Estate Services

21986/294

G-8 Richard Clarke 22271/296

ITB No. 17-100856 Page No. 19

Exhibit “B”

Consists of: 1. Access Agreement

ITB No. 17-100856 Page No. 20

RIGHT OF ENTRY AND ACCESS AGREEMENT THIS RIGHT OF ENTRY AND ACCESS AGREEMENT (herein called this “Agreement”) is made and entered into as of the 30th day of August, 2016, by and between REAL ESTATE ALLIANCE PARTNERS/PELLERIN & SALOMON REAL ESTATE SERVICES, LLC (herein called “Owner”); and _________________________ a ___________ _______________________ (herein called “Interested Party”).

W I T N E S S E T H: WHEREAS, Owner is the owner of a portion of the Blue Sky Condominium Complex located at 3106 Memorial Drive, Decatur, Georgia 30032 (the “Property”); WHEREAS, Interested Party has requested the right of entry upon and access to the Property for the purposes of conducting a visual inspection of the Property to assess the condition of the Property (collectively, the “Visual Inspection”), all in connection with the Interested Party’s preparation of its response to that certain Invitation to Bid issued by DeKalb County, Georgia (“DeKalb County”) on June 20, 2016 (the “Invitation to Bid”); WHEREAS, Owner has agreed to grant to Interested Party, and Interested Party has agreed to accept from Owner, a non-exclusive, revocable license to enter upon the Property to perform the Visual Inspection in accordance with the terms and provisions of this Agreement; and WHEREAS, Owner and Interested Party have agreed to execute and enter into this Agreement for the purpose of setting forth their agreement with respect to the Visual Inspection. NOW, THEREFORE, for and in consideration of the foregoing premises, the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and Interested Party do hereby covenant and agree as follows: 1. Access by Interested Party. (a) Interested Party and Interested Party’s agents, employees, contractors, representatives and other designees (collectively, “Interested Party’s Designees”) shall have the right to enter upon the Property on July 13, 2016 (the “Visual Inspection Date”) only for the purpose of performing the Visual Inspection. Owner may revoke the license granted hereby, and terminate this Agreement, at any time by giving written notice of such revocation and termination to Interested Party. (b) Interested Party expressly agrees as follows:

(i) any activities by or on behalf of Interested Party, including, without limitation, the entry by Interested Party or Interested Party’s Designees onto the Property with respect to the Visual Inspection, shall be undertaken on the Visual Inspection Date only, and shall not damage the Property in any manner whatsoever or disturb or interfere with the rights or possessions of the occupants on the Property or on any other portion of the Blue Sky Condominium Complex; (ii) in the event that any portion of the Blue Sky Condominium Complex is materially altered or disturbed in any manner in connection with the Visual Inspection, Interested Party shall return the damaged portion of the Blue Sky Condominium Complex to substantially the condition existing prior to the Visual Inspection; and (iii) Interested Party shall, and does hereby, indemnify, defend and hold Owner and DeKalb County harmless from and against any and all claims, liabilities, damages, losses, costs and expenses of any kind or nature whatsoever (including, without limitation, attorneys’ fees and expenses and court costs) suffered, incurred or sustained by Owner or DeKalb County, as the case may be, as a result of, by reason of, or in connection with the Visual Inspection.

The provisions of this paragraph 1(b) shall survive any revocation, termination or expiration of this Agreement. (c) Interested Party specifically acknowledges that Interested Party’s right to enter upon the Property is limited to the performance of the Visual Inspection. Without limiting the generality of the foregoing sentence, Interested Party shall in no event undertake any invasive testing or any environmental studies or testing whatsoever. (d) NEITHER OWNER NOR DEKALB COUNTY HAS MADE AND SHALL NOT BE DEEMED TO HAVE MADE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AND NEITHER OWNER NOR DEKALB COUNTY SHALL HAVE ANY LIABILITY WHATSOEVER AS TO THE CONDITION OF THE PROPERTY (OR ANY PART THEREOF

ITB No. 17-100856 Page No. 21

OR IMPROVEMENT THEREUPON) OR ANY OTHER PORTION OF THE BLUE SKY CONDOMINIUM COMPLEX AND NEITHER OWNER NOR DEKALB COUNTY SHALL BE LIABLE FOR ANY LATENT, HIDDEN, OR PATENT DEFECT THEREIN OR FOR THE FAILURE OF THE PROPERTY, OR ANY PART THEREOF, OR ANY OTHER PORTION OF THE BLUE SKY CONDOMINIUM COMPLEX, TO OTHERWISE COMPLY WITH ANY APPLICABLE LAWS. The provisions of this paragraph 1(d) shall survive any termination or expiration of this Agreement.

2. Lien Waivers. Upon receipt of a written request from Owner, Interested Party will provide Owner with lien waivers following completion of the Visual Inspection from each and every contractor, materialman, engineer, architect and surveyor who might have lien rights in connection therewith, in form and substance reasonably satisfactory to Owner and its counsel. Interested Party hereby indemnifies Owner from and against any claims or demands for payment, or any liens or lien claims made against Owner or the Property as a result of the Visual Inspection performed by or for Interested Party pursuant to this Agreement. The provisions of this paragraph 2 shall survive any revocation, termination or expiration of this Agreement. 3. No Representation Regarding Invitation to Bid. Neither the entry into this Agreement, nor Interested Party’s conducting the Visual Inspection (and incurring any costs or expenses in connection therewith) shall constitute any representation whatsoever regarding how DeKalb County will respond to Interested Party’s response, if any, to the Invitation to Bid. Interested Party hereby acknowledges that the final selection, if any, of a successful qualified bidder will be made based upon applicable DeKalb County policies and procedures and the terms and conditions contained in the Invitation to Bid. 4. Miscellaneous. To the extent any rights or obligations under this Agreement remain in effect, this Agreement shall be binding upon and enforceable against, and shall inure to the benefit of, the parties hereto and their respective heirs, legal representatives, successors and assigns. Owner does not hereby convey to Interested Party any right, title or interest in or to the Property, but merely grants the specific rights and privileges hereinabove set forth. This Agreement may not be assigned or transferred by Interested Party, in whole or in part, and any attempted assignment or other transfer shall be null and void and of no force or effect. This Agreement shall be construed, enforced and interpreted in accordance with the laws of the State of Georgia, and those laws shall control in the event of any conflict of laws. Time is of the essence of this Agreement. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same instrument. In no event shall this Agreement or any memorandum hereof be recorded in the real property records. If any term, covenant, condition or provision of this Agreement, or the application thereof to any person or circumstance, shall ever be held to be invalid or unenforceable, then in each such event the remainder of this Agreement or the application of such term, covenant, condition or provision to any other person or any other circumstance (other than those as to which it shall be invalid or unenforceable) shall not be thereby affected, and each term, covenant, condition and provision hereof shall remain valid and enforceable to the fullest extent permitted by law. Failure by any party to complain of any action, non-action or breach of any other party shall not constitute a waiver of any aggrieved party’s rights hereunder. IN WITNESS WHEREOF, Owner and Interested Party have caused this Agreement to be executed and sealed, all the day and year first written above.

OWNER: REAL ESTATE ALLIANCE PARTNERS/PELLERIN & SALOMON REAL ESTATE SERVICES, LLC By:______________________________ Name: ___________________________ Title: ____________________________

INTERESTED PARTY: __________________________________ By:_______________________________ Name:_____________________________ Title:______________________________

ITB No. 17-100856 Page No. 22

Exhibit “C”

Consists of:

1. Sketch of the site 2. Floodplain map 3. Site survey

ITB No. 17-100856 Page No. 23

ITB No. 17-100856 Page No. 24

ITB No. 17-100856 Page No. 25

ITB No. 17-100856 Page No. 26

Exhibit “D”

Consists of: Guidelines for

Affordable Housing Commitment within a Proposed Residential Development

At least 20 percent of units must be affordable to low income households. Housing is considered affordable when the resident pays no more than 30% of the household income towards gross housing costs. The Housing and Urban Development Department (HUD) establishes and publishes income limits annually, and the developer will utilize HUD income limit data based on time of occupancy.

The chart below displays 2017 DeKalb County HUD INCOME LIMITS [1].

Atlanta Area Median Family Income (MFI) is $69,700

Family Size Extremely Low

Income (30% of Median)

Very Low Income (50% of Median)

Low – to Moderate Income (80% of Median)

1 Person $14,650 $24,400 $39,050 2 Persons $16,750 $27,900 $44,600 3 Persons $20,420 $31,400 $50,200 4 Persons $24,600 $34,850 $55,750 5 Persons $28,780 $37,650 $60,250 6 Persons $32,960 $40,450 $64,700 7 Persons $37,140 $43,250 $69,150 8 Persons $41,320 $46,050 $73,600

[1] HUD Income limits are not for use with Multi-family Tax Credit or HOME projects.

ITB No. 17-100856 Page No. 27

New DeKalb County Department of Purchasing and Contracting · 2019. 12. 16. · 100856, Sale of...

Documents

Transcript of New DeKalb County Department of Purchasing and Contracting · 2019. 12. 16. · 100856, Sale of...