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HomeMy WebLinkAbout1998-12-23 Applicant Site Solicitation Proposal4. The site size desired falls within a range from 134,000 to 150,000 square feet of land, excluding setbacks, easements, drainage and water retention, septic requirements, and any other unusual conditions affecting land development and use. The optimum site dimensions are 300 feet of frontage by 450 feet of depth. 5. offerors must own or control the site and must state the price. If the offer is submitted by an agent for the owner, evidence of that agent's exclusive authority to sell the subject site must accompany the offer. 8. offers should be submitted on USPS OFFER TO SELL and shall provide a minimum of 8 months for acceptance of the offer. 7. The property offered must be properly zoned to permit use for the planned postal facility or must be capable of being rezoned for such use without delay of construction. If a zoning change or replatting is required, the offeror will be responsible for all such actions and the cost thereof. LISPS personnel nay, if requested by the owner or local officials, attend hearings to present a summary of the interest of the USPS regarding the site. closing will not take place until all zoning and replatting requirements are reset. 8. Sites offered will be evaluated on the basis of location, cost, value, accessibility to customers and transportation networks, availability of utilities, soil conditions, environmental conditions, topographic features and other factors affecting development and use. 9. USPS reserves the right to negotiate with offerors for better terms, clarification of any conditions, modifications, or any other changes deemed necessary; to secure offers on properties other than those offered in response to this solicitation; and/or to reject any and all offers. This is not a sealed solicitation and proposals will not be publicly opened. 10. Proposals should include the following information: The offerors daytime telephone number and address; a plot plan or survey plat that readily identifies the property, its size, dimensions, location of any buildings thereon, abutting streets, alleys, easements and rights of way, and a copy of any applicable building and/or title (deed) restrictions that would affect development of the property. A correct legal description, copy of the current deed and photographs are desired. RESOD (Nov 97, 0.12, P) N UNITED STATES POSTAL SERVICE. Sites Only Facility Name /Location S T I LLWAT ER -- CARRIER ANNEX Date XX STILLWATER, MN 55082 --9998 12/23/1998 11. Additional information and materials may be obtained by calling the undersigned. Other Provisions: The Postal Service will also consider existing buildings of at least 21,600 net interior square feet if they provide at least 97 parking spaces on site, or in combination with established on- street parking. An area capable of being used for docks and maneuvering must also be provided. UNITED STATES POS TAL n r 1I.J L� SERVICE. �l CE. Facility Name /Location STILLWATER, MN — CARRIER ANNEX *ffer to Sell Re The undersigned, hereinafter called the seller, in consideration of mutual covenants and agreements herein set forth, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, hereby makes the irrevocable offer to sell and convey to the United States Postal Service and its assigns, the fee simple title to the following described land, with the buildings and improvements thereon, hereinafter referred to as "land ", and all rights, hereditaments, easements and appurtenances thereunto belonging, and legally described as follows: subject to the following rights outstanding in third parties: Excepting and reserving to the seller the following rights and interests: The terms and conditions of this offer are as follows: 1. The seller agrees that this offer may be accepted by the United States Postal Service through any duly authorized representative, by delivering, mailing or telefaxing a notice of acceptance to the seller at the address stated below, at any time within calendar days from the date hereof, whereupon this offer and the acceptance thereof become a binding contract. 2. The Postal Service agrees to pay the seller for said land the sum of payable upon approval by the Postal Service of the seller's title and execution and delivery by the seller of a good and sufficient general warranty deed conveying said land with the hereditaments and appurtenances thereunto belonging to the United States Postal Service and its assigns, in fee simple, free and clear from all liens and encumbrances, except those specifically excepted or reserved above, together with all right, title, and interest of the seller in and to any streams, alleys, roads, streets, ways, strips, gores, or railroad rights -of -way abutting or adjoining said land. 3. It is agreed that the Postal Service will defray the expenses incident to the recordation of the deed to the Postal Service and the procurement of the necessary title evidence. 4. The seller agrees that all taxes, assessments, and encumbrances which are a valid lien against the land as of the time of conveyance to the Postal Service shall be satisfied of record by the seller at or before the transfer of title and, the seller, will, at the request of the Postal Service and without prior payment or tender of the purchase price deliver the general warranty deed to the Postal Service and obtain and record such other curative evidence of title as may be required by the Postal Service. If the seller fails to satisfy any such liens or fails to secure such curative evidence as required within sixty (60) days of acceptance of this offer by the Postal Service, the Postal Service may pay said liens and cure such defects and deduct any cost incurred from the purchase price of the land. Real Estate taxes for the current year, utilities and rents, if applicable, are to be pro -rated as of the date of closing. PS Form 8339, July 1997 un►IrEDSrArES Offer to Sell Real Property POSTAL SERVICE 5. The seller agrees that loss or damage to the property by fire or acts of God shall be at the risk of the seller until the title to the land and deed to the Postal Service have been accepted by the Postal Service through its duly authorized representative or until the right of occupancy and use of the land, as hereinbelow provided for, has been exercised by the Postal Service; and, in the event that such loss or damage occurs, the Postal Service may, without liability, refuse to accept conveyance of the title or it may elect to accept conveyance or title to such property, in which case there shall be an equitable adjustment of the purchase price. 6. The agents, employees or representatives of the Postal Service shall have the right, during the period of the offer, subject to the use made of the premises by the seller to enter upon the said premises for the sole purpose of inspecting the same and making test borings, plans and topographical surveys in connection with the Postal Service's contemplated use of the premises. The Postal Service, at its expense shall promptly restore the property of the seller to its original condition in accordance with good engineering practices. 7. Possession of the property shall be delivered to the purchaser on the day the sale is consummated unless a different possession date is herein specified. 8. The seller agrees not to rent, lease or otherwise increase tenancy on any portion of the property subsequent to execution of this offer to Sell Real Property. 9. It is agreed that the spouse, if any, of the seller, by signing below, agrees to join in any deed to the Postal Service and to execute any instrument deemed necessary to convey to the Postal Service any separate or community estate or interest in the subject property and to relinquish and release any dower, curtesy, homestead, or other rights or interests of such spouse therein. 10. No member of or delegate to Congress may be admitted to any part or share of this option, or to any benefit arising from it. This prohibition does not apply to the extent this option is with a corporation for the corporation's general benefit. 11. Contingent Fees: a. The seller warrants that no person or selling agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the seller for the purpose of obtaining business. b. For breach or violation of this warranty, the Postal Service has the right to annul this contract without liability, or at its sole discretion, to deduct from the contract price or consideration, or otherwise recover from seller the full amount of the commission, percentage, brokerage fee, or contingent fee. c. Licensed real estate agents or brokers having listings on property for sale, in accordance with general business practice, and who have not obtained such licenses for the sole purpose of effecting this offer, may be considered as bona fide employees or agencies within the exception contained in this clause. 12. The terms and conditions aforesaid are to apply to and bind the heirs, executors, administrators, successors, and assigns of the seller. 13. The seller agrees that the Postal Service may acquire title to said land by condemnation or other judicial proceedings, in which event the seller agrees to cooperate with the Postal Service in the prosecution of such proceedings; agrees that the consideration hereinabove stated shall be the full amount of the award of just compensation, inclusive of interest, for the taking of said land; agrees that any and all awards or just compensation that may be made in the proceeding to any defendant shall be payable and deductible from the said amount. 14. Seller warrants that as of the date of this offer and of transfer of title, except as specifically identified in this agreement, (1) the property (including the land, surface water, groundwater, and improvements to the land) is free of all contamination from petroleum products or any hazardous substance or hazardous waste, as defined by applicable state or federal law, and (2) there are no underground storage tanks or associated piping on the property. This warranty survives transfer of title and shall be binding upon seller, its successors and assigns. Ps Form 8339, July 1997 2 UNIT STATES �, POSTAL SERVICE. *ffer to Sell Real Propert 15. All terms and conditions with respect to this offer are expressly contained herein and the seller agrees that no representative or agent of the Postal Service has made any representation or promise with respect to this offer not expressly contained herein. 16. Seller warrants that legal title is held as follows: (Show whether joint tenants, tenants in common, tenants by the entirety, etc.) 17. The following paragraphs were added or deleted before execution: PS Form 8339, July 1997 3 UNITED STATES Offer to Sell Real Property POSTAL SERVICE Date: Print Sellers Name* Signature Print Sellers Name* Signature Print Sellers Name* Signature Print Sellers Name* Signature Print Sellers Name* Signature Print Sellers Name* Signature Print Sellers Name" Signature Print Sellers Name* Signature Notice of acceptance of this offer to be sent to: Seller: Address: Telephone No: Taxpayer I D: Witness to Seller ** Witness to Seller ** * All individuals or co- owners must sign. If married, the spouse also must sign. If unmarried, the owner's legal marital status must be indicated. If the property is owned by a partnership, all partners must sign or if a limited partnership, the general partner(s) must sign. If the property is in an estate or owned by a corporation, evidence of authority of the signatories must accompany the option. "This space will be used for witnesses to signatures if required by State law. Acceptance of offer To Sell Real Property Date: The offer of the Seller contained herein is hereby accepted for and on behalf of the United States Postal Service. Print Name and Title of Contracting Officer Signature of Contracting officer Print Address of Contracting Officer PS Form 8339, July 1997 4 RESOL[CAD Nov. 97, v2.90, P) P age 1 of 1