DO NOT contact District Officials including Board Members, Superintendent or Staff
Respondents interested in acquiring the District Property shall provide the following information in addition to the General Qualification information discussed above and the Proposal Process discussed below.
The purpose of this RFP is to give Respondents the flexibility to submit proposals that will meet their specific needs. However, the following guidelines are provided to summarize the terms that the District would like to see within the final agreement with the selected Respondent. Respondents will be required to enter into an Agreement drafted by the District which will include the terms discussed herein and in Respondent’s proposal. The District may consider all Respondents submitted pursuant to this RFP and, at its sole discretion, may enter into direct negotiations with any Respondent during which the terms and conditions of the Agreement may be negotiated to determine if the Parties can reach a mutually acceptable agreement. However, the following guidelines are provided to indicate the terms that the District is likely to accept and/or require.
· The District will give high priority to the Respondent offering the highest price. Proposals must state the total amount that the Respondent is willing to pay to acquire the District Property. However, as noted above, the District plans to use the proceeds provided by Respondent to acquire the new Main Office. Thus, the District is also looking for a proposal that will contemplate completing the transaction as soon as possible and work with the District to coordinate the property transfers. Thus, Respondents are encouraged to provide an offer that includes a short Due Diligence Period and Close of Escrow Period, as noted below.
· Respondent may request a “Due Diligence Period” to take any and all actions Respondent deems necessary to ensure the District Property can be used for the Respondent’s intended use. Respondent shall identify the total number of days required for the “Due Diligence Period” but the District may give special consideration to Respondents who seek a shorter Due Diligence Period to begin after execution of the Agreement. However, the Due Diligence Period can be no longer than ninety (90) days. During the Due Diligence Period, the Respondent may request access to the District Property to conduct inspections, testing, and investigations on the District Property to determine if the District Property is acceptable. Respondent must describe the anticipated activities it will conduct on the District Property to complete its inspection requirements and must confirm that it will return the District Property to its original condition after its due diligence inspections. Respondents must acknowledge and consider that their access to the District Property during the Due Diligence Period must be coordinated with the District, and Respondent must provide customary indemnification and insurance for such access and investigation. Respondents must also work with the City during the Due Diligence Period to obtain the necessary approvals for its planned development of the Property.
· The District will not consider any proposals that include an entitlement contingency.
· Respondents cannot rely on any statement or document provided by the District to assess the viability of the District Property, and therefore must use the Due Diligence Period to conduct all investigations it deems necessary to assess the District Property. The District will not be responsible for providing the Respondents any reports regarding the Property. A title report issued by Pacific Coast Title will be provided to the selected Respondent and Escrow instructions from Intervalley Escrow
· If a Due Diligence Period is requested, Respondent shall also identify a Good Faith Deposit that will be provided to the District in consideration for the Due Diligence Period. Respondent may terminate the agreement during the Due Diligence Period for any reason. However, upon termination, the District shall keep the Good Faith Deposit. If Respondent does not terminate the agreement during the Due Diligence Period, the District should be entitled to ten percent (10%) of the Good Faith Deposit.
· The Respondent must commit to a Closing Date within fifteen (15) days after the end of the Due Diligence Period.
· Respondent should identify the potential governmental agency reviews and approvals necessary for its anticipated use of the District Property, including rezoning, conditional use permits, and any anticipated environmental review document. Respondent may request the District’s assistance in obtaining any necessary approvals during the Due Diligence Period. However, such assistance shall not be mandatory and shall be provided at no cost to the District, whatsoever. Respondent must confirm that it will be solely responsible for obtaining any necessary approval for the Respondent’s intended use of the District Property.
· Respondent must note that the Project includes historical components that are considered to be protected historical structures which cannot be removed and thus, any proposed development must include the historical structures as a part of its planned development project.
· Respondent must describe in detail the anticipated use of the District Property. The District will accept any use that complies with local zoning and all applicable regulations, including any and all proposed zoning/entitlement modification(s) anticipated by Respondent, but will give special positive consideration to any use that aids the local economy or provides a benefit to local community.
· Respondent must address how its intended use of the District Property will impact the surrounding facilities and how such impacts will be mitigated by Respondent. Such considerations shall include all traffic and access issues related to the intended use, and how such proposed traffic and access will be accomplished (i.e., Respondent will note if acquisition of the District Property is adequate for its purposes, or if other access easement(s), further transfer of acreage, or other shared use may be necessary to accomplish its goals with respect to its intended project).
· Respondents must accept the Property in its current “as-is” condition without any representations or warranties from the District regarding its condition or sufficiency for the Respondent’s intended use.
Respondent must grant the District the right to fully occupy the Property after the close of escrow for a period of 6 months at the rate of one dollar ($1) per month. The District will be responsible for the payment of the utilities during said occupancy.