SAWS 2024 Capital Improvement Program Kickoff Meeting

Agency:	San Antonio Water System
State:	Federal
Type of Government:	State & Local
NAICS Category:	541611 - Administrative Management and General Management Consulting Services
Posted Date:	Dec 21, 2023
Due Date:	Jan 30, 2024
Bid Source:	Please Login to View Page
Contact information:	Please Login to View Page
Bid Documents:	Please Login to View Page

Please join us for an in -person presentation announcing 2024 Capital Improvement Program projects.

Registration:

https://www.eventbrite.com/e/saws-2024-capital-improvement-program-kickoff-event-tickets-769002746917

Non-Mandatory

Meeting 3:00 PM, Tuesday Jan. 30, 2024

San Antonio Water System Headquarters Building, 2800 U.S. Hwy 281 N, San Antonio, Texas 78212; CAFETERIA DINING ROOM

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Marisol V. Robles

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Registration Agreement

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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

Page 1 of 24

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

Page 2 of 24

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

Page 3 of 24

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

Page 4 of 24

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

Page 5 of 24

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SAWS 2024 Capital Improvement Program Kickoff Meeting

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