R EQUEST FOR P ROPOSALS
S ALE
OF
P ROPERTY O WNED BY THE B OARD OF R EGENTS
OF T HE U NIVERSITY OF T EXAS S YSTEM
RFP No. REO 06-30-2016 UTEP
P ROPOSAL S UBMITTAL D EADLINE : 4:00 P .
M .
C ENTRAL T IME , J UNE 30
TH
, 2016
I. G ENERAL D ESCRIPTION
The University of Texas at El Paso and the Board of Regents of The University of Texas System (the
“Owner”) are pleased to announce that they are seeking proposals for the sale of an improved tract of land. The property comprises an approximately 4,000 square feet building located on approximately
0.553 acres of land and located at 1700 E. Paisano Dr., El Paso, El Paso County, Texas (the “Premises”).
Due to likely interest from multiple parties, the Owner has decided to market the Premises for sale by means of this Request for Proposals following certain guidelines, procedures and deadlines. Details of the process appear below.
II. T HE P REMISES
The Premises is located near the intersection of Coles Street and Paisano Drive/East 1 st Avenue in central
El Paso, Texas. The Premises is located approximately 7/10 ths of a mile east of downtown El Paso. The area is generally an industrial area; the Premises, and the properties in the vicinity of the Premises, are predominately of an industrial use. An aerial view of the Premises is attached hereto as Exhibit “A”.
The Premises is currently leased; the lease expires April 30, 2017. The current zoning is M-1 Light
Industrial.
III. P ROPOSAL I NFORMATION
A. Contacts and Addresses
The proposal and sales process will be administered by the Real Estate Office of The University of
Texas System and the Office of Business Affairs at The University of Texas at El Paso. Potential purchasers and/or interested brokers must contact Susan Avena to make arrangements to inspect the Premises during the timeframe provided for such inspection:
Susan Avena
Manager
The University of Texas at El Paso
Office of the Vice President for Business Affairs
Administration Building Room 301
El Paso, Texas 79968
Telephone: (915) 747-5113
FAX: (915) 747-5068
EMAIL: savena@utep.edu
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B.
Responses to this Request for Proposals must be submitted to:
Derek Silva
Assistant Director of Real Estate
The University of Texas System Real Estate Office
210 West 7
Suite 600 th Street
Austin, Texas 78701
Telephone (512) 579-5044
FAX: (512) 499-4388
EMAIL: dsilva@utsystem.edu
Important Dates and Deadlines
May 2, 2016
June 6-10, 2016
RFP package available on the UT System Real Estate Office website.
Site visits to the Premises will be scheduled this week only by prior appointment with Susan Avena at U. T. El Paso (see contact information above).
June 30, 2016 Responses must be submitted to The University of Texas at El Paso at the above street address, must contain the information requested in Exhibit
“B”, and must be received at the U.T. System Real Estate Office, at the address indicated above, on or before 4:00 p.m., Central Time, January
30, 2016. One original and two hard copies of the respondent’s proposal in 8 ½” x 11” format are required. Proposals must be submitted in a sealed
envelope showing the respondent’s name and address, and must reference “RFP
No. REO 06-30-2016 UTEP” in the lower left-hand corner of the envelope.
July 15, 2016 After the submission deadline, the Owner will review all proposals for completeness and adherence to the terms of this request for proposals. If the Owner elects to accept a proposal, it will submit a proposed purchase contract to the selected respondent(s). The selected respondent will have ten (10) days after receipt of the proposed contract to either sign the contract or notify Owner of any provisions in the contract to which the respondent objects. Owner may then either submit to the respondent a revised contract or terminate contract negotiations.
Proposals received after the due date may not be considered. Proposals may not be modified after submittal, but may be withdrawn and resubmitted prior to the due date.
C. Guidelines for Proposals
The following criteria are required for each proposal. Proposals that do not comply with these guidelines may be rejected, at the sole option of the Owner.
1. Proposals submitted must be for the purchase of the Premises; no proposal for the lease of the Premises will be considered.
2. The Premises is being offered in its current “AS IS” condition, with all defects.
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3. Proposals must be submitted on a form similar to the Purchase Proposal Template attached as Exhibit “B”. Please note that these guidelines are intended as an outline only and are not a full and complete listing of all terms and conditions that are to be included in the purchase contract.
4. THE OWNER RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS IN ITS
SOLE DISCRETION. THE OWNER SHALL HAVE THE RIGHT TO DISCONTINUE THE
PROPOSAL PROCESS AT ANY TIME PRIOR TO EXECUTION OF A PURCHASE
CONTRACT AND THE OWNER SHALL HAVE NO OBLIGATION TO NOTIFY ANY
RESPONDENT OF SUCH DISCONTINUATION. THE OWNER RESERVES THE RIGHT
TO SELL THE PREMISES TO ANY THIRD PARTY AND ON ANY TERMS
ACCEPTABLE TO THE OWNER AFTER DISCONTINUANCE OF THE PROPOSAL
PROCESS WITHOUT NOTICE TO THE RESPONDENTS.
5. ANY PROPOSAL PRESENTED TO THE OWNER MUST BE BASED ON THE
RESPONDENT’S OWN INVESTIGATION AND NOT ON ANY STATEMENTS MADE
BY THE OWNER OR ANY EMPLOYEE OR AGENT OF THE OWNER. THE OWNER
MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER WITH RESPECT
TO THE PREMISES OR THE INFORMATION SET FORTH HEREIN.
6. THE PREMISES IS SUBJECT TO WITHDRAWAL FROM THE MARKET AT ANYTIME
FOR ANY OR NO REASON.
7. By submitting a proposal, the respondent acknowledges and agrees that (1) this Request for Proposals is a solicitation for proposals and is not a contract or an offer to contract; (2) the submission of a proposal in response to this Request for Proposals will not create a contract between the respondent and the Owner; (3) the Owner has made no representation, written or oral, that a contract will be issued under this Request for
Proposals; and (4) the respondent shall bear, as its sole risk and responsibility, any cost that arises from its preparation of a proposal and any costs associated with the clarification or negotiation of its offer.
8. Proposals are to be valid for the System's acceptance for a minimum of 45 days from the submittal deadline date to allow time for evaluation, selection, and any unforeseen delays.
D. Inquiries and Interpretations
All questions or requests for clarifications regarding this Request for Proposals must be in writing and sent via mail or e-mail to Mr. Silva on or before June 23, 2016. All questions or
requests for clarification must reference “RFP No. REO 06-30-2016 UTEP” in the subject line.
Only replies to questions and clarifications that are made by formal written addenda shall be binding.
IV. S ELECTION P ROCESS
A. Review
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After the submission deadline, the Owner will review all responses for completeness and adherence to the terms of this Request for Proposals. At the sole discretion of the Owner, incomplete submissions may either be rejected or returned to the respondent for prompt completion and resubmission. Based on the final submission, each response will be evaluated.
At this phase of the selection process, the Owner reserves the right to enter into further discussions with any respondent regarding its proposal and qualifications.
The Owner reserves the right to require evidence satisfactory to the Owner of a respondent’s financial ability to purchase the Premises for the amount stated in the proposal before the Owner determines which proposal to select. Any respondent who fails to promptly supply evidence of financial ability may be disqualified at the option and sole discretion of the Owner.
The respondent selected to be the purchaser will be the respondent whose proposal is the most advantageous to the Owner. The Owner will select the successful proposal based on, but not limited to, the following criteria: the information provided by respondent in response to this
Request for Proposals and any subsequent communications or presentations by the respondent, the respondent’s economic proposal, and the respondent’s willingness to enter into a contract acceptable to the Owner.
Submission of a proposal indicates the respondent’s acceptance of the Selection Process, the
Statement of Limitations, and all requirements of this Request for Proposals, and respondent’s recognition that subjective judgments must be made by the Owner during the selection process.
B. Selection
The goal of the selection process will be to select a purchaser with whom to negotiate the terms of a purchase contract. If the negotiation process results in a contract that meets the objectives of the
Owner, the Owner will enter into such contract with the selected respondent that will define the responsibilities and liabilities of each party.
V. S TATEMENT OF L IMITATIONS
A. General Statement
This Request for Proposals, the submissions in response to it, and any relationship between the
Owner and respondent arising from this Request for Proposals, are subject to the specific limitations, conditions and representations expressed in this Request for Proposals and applicable statutes.
B. The Owner’s Right to Modify, Suspend and Waive
The Owner reserves the right to: (a) modify, and/or suspend any and all aspects of the Request for Proposals; (b) request additional information; and (c) waive any defects as to form or content of the Request for Proposals or any responses submitted.
C. Broker’s Fees
The Owner is willing to pay a sales commission on this transaction. Each respondent should specify a commission amount and a structure of payment(s). Any broker who is to be paid a commission must have a letter of registration, executed by the respondent, authorizing the broker to represent the respondent. Commission payments will be a factor in computing the most
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Page 5 of 7 favorable contract economic terms for the Owner. NO COMMISSION WILL BE PAID BY THE
OWNER TO A PRINCIPAL INVOLVED IN THE TRANSACTION.
D. Texas Public Information Act
The Owner considers all information, documentation and other materials submitted in response to this Request for Proposals to be of a non-confidential and/or non-proprietary nature and therefore will be subject to public disclosure under the Texas Public Information Act (Texas
Government Code, Chapter 552) after closing of the sale of the property. Respondents are hereby notified that the Owner strictly adheres to all statutes, court decisions and the opinions of the
Texas Attorney General regarding the disclosure of request for proposals information.
Attachments:
Exhibit “A” – Aerial Map with Premises labeled
Exhibit “B” – Purchase Contract Proposal Template
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Exhibit “A”
Aerial Map
Tract 1 is the Premises
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Exhibit “B”
Purchase Contract Proposal Template
Please propose terms that will form the basis of a purchase agreement. Below is a template of minimum terms to be considered. The respondent may provide more detail and/or add additional terms to be considered by Owner.
Owner: The Board of Regents of The University of Texas System
Respondent: Provide Purchaser’s full legal entity name, including the state of incorporation (if applicable).
Purchase Price: Please propose a Purchase Price.
Escrow Deposit: Please specify the amount of the proposed earnest money deposit.
Premises: The land and improvements located at 1700 E. Paisano Dr., El Paso, TX
Feasibility Period:
Please propose a period of time for the Feasibility Period.
Closing Date:
Please propose the Closing Date of the contract.
Broker’s Fee:
Please indicate a Broker’s Fee, if any, to be paid by Owner for the transaction.
Other Contract Provisions:
Please specifically describe any special terms the respondent will request pertaining to a purchase contract, such as who pays for survey, title insurance, options to extend the closing date, etc…
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