PURCHASE AGREEMENT AND BIDDING INSTRUCTIONS
4006 STORM OAK DR. ELMENDORF, TEXAS - .570 ACRE (NO ACCESS)
SAWS BID SOLICITATION NO.: R-23-011-LE
1. Sale of SAWS Property. The City of San Antonio, Texas, a home-rule municipality of the
State of Texas, actingby and through the San Antonio Water System Board of Trustees ("SAWS"),
desires to sell and is soliciting offers to purchase certain SAWS-owned real property ("SAWS
Property").
2. The SAWS Property. The SAWS Property is described as follows:
The 0.570 Acre “Water Well Tract” beingout of Lot 45, SOUTH OAKS ESTATES
Subdivision, Unit 1, according to the plat thereof recorded in Volume 90517, Page
29, Plat Records of Bexar County, Texas, located in Elmendorf, Bexar County,
Texas, together with all improvements thereon and appurtenances thereto.
ACCESS TO THE SAWS PROPERTY IS BY WAY OF A 20’ “WATER
DIST. EASEMENT”, OVER AND ACROSS CB 4126A BLK LOT 45 REFER
TO: 81800-000-0450 (SOUTH OAKS ESTATES UT-1) ACCORDING TO
THE PLAT THEREOF RECORDED IN VOLIME 90517, PAGE 29, PLAT
RECORDS OF BEXAR COUNTY, TEXAS. BIDDERS ARE NOTIFIED
THAT THE SAWS PROPERTY IS FUNCTIONALLY LANDLOCKED DUE
TO THE LIMITATION OF USE OF SAID EASEMENT FOR WATER
DISTRIBUTION PURPOSES (E.G. IT IS NOT A GENERAL PURPOSE
ACCESS EASEMENT).
THERE IS NO ACCESS FROM A PUBLIC RIGHT OF WAY TO THE
SAWS PROPERTY
3. Bid Information. This Purchase Agreement and Bidding Instructions document is the
official bid form that must be completed and returned by interested bidders in accordance with the
instructions herein. Sealed bids for the purchase of LAND will be received by SAWS either
Electronically or through Sealed bids. Interested bidders must:
a. furnish the information requested in Section 17 below;
b. sign this Purchase Agreement and Bidding Instructions document (“Purchase
Agreement”);
c. sign and enclose the San Antonio Water System Discretionary Real Estate
Contracts Disclosure form attached hereto as Exhibit “C”.
d. place the Purchase Agreement and San Antonio Water System Discretionary Real
Estate Contracts Disclosure in a sealed envelope properly identified as containing
a “Bid for Purchase of SAWS PROPERTY (SAWS BID SOLICITATION NO. R-
23-011-LE), 4006 Storm Oaks, Elmendorf Texas - .570 ACRE (NO ACCESS)”
addressed and delivered to:
San Antonio Water System
Customer Service Building
Attn: Lindsay Esquivel
2800 U.S. Hwy 281 North
SAN ANTONIO WATER SYSTEM
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Suite 171
San Antonio, Texas 78212
Sealed bids should be deposited in the black metal drop box labeled Contracting
located on the left wall when entering through the first set of double glass doors entry
on the north side of the Customer Service Building.
It is the bidder's sole responsibility to deliver the bid documents properly
completed, on time, to the proper location.
e. If submitting the bid electronically, bidders, should reference the Electronic Bid
Opening Instructions attached to the Invitation to Offerors for additional
information.
f. Selection of successful bidder will be based on price.
g. SAWS reserves the right to reject any and all bids and waive any formalities.
THERE IS A MINIMUM BID OF $5,000.00 FOR THE SAWS PROPERTY. ANY BID
LESS THAN $5,000.00 WILL BE AUTOMATICALLY REJECTED.
4. Bidder Inspection. Bidders understand and acknowledges that the SAWS Property lacks
access to a public right of way and inspections may not be conducted. By submitting a bid, bidder
waives any inspection of the SAWS Property.
5. Bid Due Date. Sealed or electronic bids will be received until 2:00 P.M. (CST) San
Antonio, Texas time on December 15, 2023 (the “Bid Deadline”) at the address shown in
paragraph 3 above.
6. Notice of Acceptance. This Purchase Agreement and the selection of the successful bidder
may be subject to the approval of the SAWS Board of Trustees. Following the Bid Deadline and
SAWS’ staff selection of a recommendedsuccessful bidder, if any, SAWS may be required to seek
Board of Trustees approval to accept the bid of said bidder and to enter in this Purchase Agreement
with said bidder. SAWS will give notice of the acceptance of a bid to the successful bidder (the
"Successful Bidder"), if any, within sixty (60) days after the Bid Deadline. Bids shall expire and
are automatically rejected by SAWS if not accepted within sixty (60) days of the Bid Deadline.
The date that SAWS signs this Purchase Agreement shall be the Date of this Agreement.
7. Title Exceptions. The SAWS Property will be conveyed without warranty of title and
subject to (i) all visible and apparent easements, (ii) all matters of record relating to the SAWS
Property as shown in the Real Property Records of Bexar County, Texas, (ii) acknowledgment of
lack of legal access to a public road, (iii) all applicable zoning, platting and other governmental or
HOA ordinances, laws, rules (collectively, the “Permitted Exceptions”). Additionally, the
Successful Bidder must obtain any applicable permits and approvals for Successful Bidder’s use
of the SAWS Property.
8. As Is Condition. THE SAWS PROPERTY WILL BE CONVEYED IN ITS PRESENT
“AS IS” CONDITION, INCLUDING ITS LACK OF LEGAL ACCESS TO A PUBLIC
ROAD. IF THE PURCHASE AGREEMENT CLOSES, SUCCESSFUL BIDDER
ACCEPTS THE SAWS PROPERTY IN ITS PRESENT CONDITION. SUCCESSFUL
SAN ANTONIO WATER SYSTEM
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BIDDER ACKNOWLEDGES THAT IT IS NOT RELYING UPON THE ACCURACY OR
COMPLETENESS OF ANY REPRESENTATION, BROCHURE, RENDERING,
PROMISE, STATEMENT OR OTHER ASSERTION OR INFORMATION WITH
RESPECT TO THE SAWS PROPERTY MADE OR FURNISHED BY OR ON BEHALF
OF, OR OTHERWISE ATTRIBUTED TO, SAWS OR ANY OF ITS AGENTS,
EMPLOYEES OR REPRESENTATIVES, ANY AND ALL SUCH RELIANCE BEING
HEREBY EXPRESSLY AND UNEQUIVOCALLY DISCLAIMED, BUT IS RELYING
SOLELY AND EXCLUSIVELY UPON ITS OWN EXPERIENCE AND ITS
INDEPENDENT JUDGMENT. SUCCESSFUL BIDDER FURTHER UNEQUIVOCALLY
DISCLAIMS (I) THE EXISTENCE OF ANY DUTY TO DISCLOSE ON THE PART OF
SAWS OR ANY OF ITS AGENTS, EMPLOYEES OR REPRESENTATIONS, (II) ANY
RELIANCE BY SUCCESSFUL BIDDER ON THE SILENCE OR ANY ALLEGED
NONDISCLOSURE OF SAWS OR ANY OF IT AGENTS, EMPLOYEES OR
REPRESENTATIVES AND (III) ANY RIGHT TO INSPECT THE SAWS PROPERTY.
SUCCESSFUL BIDDER TAKES THE SAWS PROPERTY UNDER THE EXPRESS
UNDERSTANDING THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES.
SUCCESSFUL BIDDER EXPRESSLY WARRANTS AND REPRESENTS THAT NO
PROMISE OR AGREEMENT WHICH IS NOT HEREIN EXPRESSED HAS BEEN
MADE TO IT AND HEREBY DISCLAIMS ANY RELIANCE UPON ANY SUCH
ALLEGED PROMISE OR AGREEMENT. THIS AGREEMENT CONSTITUTES THE
ENTIRE AGREEMENT BETWEEN THE PARTIES. SUCCESSFUL BIDDER HAS
AGREED TO DISCLAIM RELIANCE ON SAWS AND TO ACCEPT THE SAWS
PROPERTY “AS-IS” WITH FULL AWARENESS THAT THE SAWS PROPERTY’S
PRIOR USES OR OTHER MATTERS, INCLUDING LACK OF LEGAL ACCESS,
COULD AFFECT ITS CONDITION, VALUE, SUITABILITY OR FITNESS; AND
SUCCESSFUL BIDDER CONFIRMS THAT SUCCESSFUL BIDDER IS HEREBY
ASSUMING ALL RISK ASSOCIATED THEREWITH. SUCCESSFUL BIDDER
UNDERSTANDS THAT THE DISCLAIMERS OF RELIANCE AND OTHER
PROVISIONS CONTAINED HEREIN COULD LIMIT ANY LEGAL RECOURSE OR
REMEDY SUCCESSFUL BIDDER OTHERWISE MIGHT HAVE. SUCCESSFUL
BIDDER ACKNOWLEDGES THAT IT HAS SOUGHT AND HAS RELIED UPON THE
ADVICE OF ITS OWN LEGAL COUNSEL CONCERNING THIS PROVISION.
PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE CLOSING AND SHALL NOT
MERGE, AND ARE ALSO INCLUDED IN THE DEED WITHOUT WARRANTY.
9. Closing Documents fromSAWS. SAWS will convey the SAWS Property to the Successful
Bidder by Deed Without Warranty and Sanitary Control Easement (the “Deed”) in the form
attached hereto as Exhibit “A”. The Deed shall be countersigned by the Successful Bidder to
evidence acceptance of the terms contained therein. The Sanitary Control Easement is a 150’ radius
restriction area (no feed lots, no septic systems, etc) around the well previously located on the
Property that will be released in the Deed at Closing.
10. Closing. The closing date will be on the first business day thirty (30) days after the Date of
this Agreement (“Closing”), or on such other earlier date as SAWS and Successful Bidder may
mutually agree. The Closing will be at SAWS Headquarters, 2800 US Hwy, 281N, 6th Floor, San
Antonio, Texas 78212. Payment of the Bid Price must be made by cashier’s check. The Successful
Bidder is responsible for recording the Deed at their expense in the Official Public Records of
Bexar County.
SAN ANTONIO WATER SYSTEM
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11. Real Property Taxes. The SAWS Property is currently exempt from real property taxes.
Taxes for the year of Closing and future years will be the obligation of the Successful Bidder. If
this transfer or the Successful Bidder's use of the SAWS Property after Closing results in the
assessment of additional taxes, penalties, or interest, including without limitation "rollback taxes"
(the "Assessments") for periods prior to Closing, the Assessments will be the obligation of the
Successful Bidder. Obligations imposed by this Section 11 shall survive Closing.
12. No Brokers. SAWS will not pay a brokerage commission for the sale of the SAWS
Property. Successful Bidder represents and warrants that no broker represents Successful Bidder
and Successful Bidder hereby agrees to defend, indemnify, and hold harmless SAWS for any
claims for a brokerage fee or commission. The Successful Bidder’s obligation to indemnify under
this Section 12 shall survive Closing.
13. Default. If for any reason the Successful Bidder fails to comply with any of the provisions
of this Purchase Agreement, or if any of the representations or warranties of the Successful Bidder
contained in this Purchase Agreement are incorrect or become incorrect or untrue, SAWS, at its
election, may (i) terminate this Purchase Agreement, (ii) waive any unmet requirements and
proceed to Closing, or (iii) pursue any remedies it may have at law or in equity. If SAWS fails to
comply with this Purchase Agreement, the Successful Bidder's sole and exclusive remedy under
this Purchase Agreement shall be to terminate this Agreement.
14. Property Information.SAWS has obtained information on the SAWS Property, set forth in
more detail in Exhibit “B” attached hereto (the "Property Information Documents"), which will be
made available to all prospective Bidders at www.saws.org.
SAWS does not make any representation or warranty as to the quality, accuracy or completeness
of any data or information contained in the Property Information Documents.Further, SAWS does
not represent or warrant that the Property Information Documents constitute all of the documents
in SAWS possession related to the SAWS Property.
15. Notices. Any notices to be given hereunder by or to the Successful Bidder shall be given
by transmittingby email to the address below, placingthe notice in the United States mail, certified
or registered, properly stamped and addressed to the address shown below or such other addresses
as the respective party may direct in writing to the other, or by personal or overnight delivery to
such address, and such notice shall be deemed delivered upon such emailing, placing in the mail,
or upon such personal or overnight delivery:
a. SAWS
Mark Brewton
Senior Corporate Counsel
San Antonio Water System
2800 U.S. Hwy 281 North
San Antonio, Texas 78212
mark.brewton@saws.org
b. Bidder
As set out in Section 17 below.
16. Right to Reject. SAWS reserves the right to reject any and all offers to purchase the SAWS
Property and nothing in this Agreement shall require SAWS to accept any offer or to complete a
sale of the SAWS Property.
SAN ANTONIO WATER SYSTEM
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17. Bid Information.
a. SURPLUS PROPERTY:
SAWS BID SOLICITATION NO. R-23-011-LE
4006 Storm OAK Dr. Elmendorf, Texas - .570 ACRE (NOACCESS), Bexar
County, Texas
b. BIDDER:
Name:
Address:
Email:
c. BID PRICE: $
(the “Bid Price”)
THERE IS A MINIMUM BID OF $5,000.00 FOR THE SAWS PROPERTY. ANY BID
LESS THAN $5,000.00 WILL BE AUTOMATICALLY REJECTED.
18. Disclaimers.
a. Notice Regarding Title. THE TEXAS REAL ESTATE LICENSE ACT
REQUIRES A REAL ESTATE AGENT TO ADVISE A BUYER THAT BUYER SHOULD
HAVE AN ATTORNEY EXAMINE AN ABSTRACT OF TITLE TO THE PROPERTY
BEING PURCHASED; OR A TITLE INSURANCE POLICY SHOULD BE OBTAINED.
NOTICE TO THAT EFFECT IS HEREBY GIVEN TO BIDDER.
b. Notice Regarding Possible Liability for Additional Taxes (Texas Property
Code-Section 5.010). If for the current ad valorem tax year the taxable value of the SAWS
Property that is the subject of this Purchase Agreement is determined by a special appraisal
method that allows for appraisal of the SAWS Property at less than its market value, the
person to whom the SAWS Property is transferred may not be allowed to qualify the SAWS
Property for that special appraisal in a subsequent tax year and the SAWS Property may
then be appraised at its full market value. In addition, the transfer of the SAWS Property or
a subsequent change in the use of the SAWS Property may result in the imposition of an
additional tax plus interest as a penalty for the transfer or the change in the use of the SAWS
Property. The taxable value of the SAWS Property and the applicable method of appraisal
for the current tax year is public information and may be obtained from the tax appraisal
district established for the county in which the SAWS Property is located.
c. Annexation Disclosures. If the SAWS Property that is the subject of this
Contract is located outside the limits of a municipality, the SAWS Property may now or later
be included in the extraterritorial jurisdiction of a municipality and may now or later be
subject to annexation by the municipality. Each municipality maintains a map that depicts
its boundaries and extraterritorial jurisdiction. To determine if the SAWS Property is
located within a municipality's extraterritorial jurisdiction or is likely to be located within a
municipality's extraterritorial jurisdiction, contact all municipalities located in the general
proximity of the SAWS Property for further information.
SAN ANTONIO WATER SYSTEM
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