Sale of Beaumont ISD Real Property (24.17) 6.007 Acre Parcel of

REQUEST FOR SEALED BIDS

BEAUMONT INDEPENDENT SCHOOL DISTRICT

BID NOTICE 24.17 – SALE OF BEAUMONT ISD REAL PROPERTY

Bid Notice #24.17 – Sale of 6.007 Acre Parcel of Land

Sale of Beaumont ISD Real Property (24.17)

6.007 Acre Parcel of Land

Located at:

1965 Southerland Street Beaumont, TX 77705

SCHEDULE:

Deadline to Receive Questions: Friday, May 31, 2024 by 2:00 p.m.

Responses to Questions Posted Online: Tuesday, June 4, 2024 by 2:00 p.m.

Bid Submission Deadline: Tuesday, June 11, 2024 by 2:00 p.m.

REQUEST FOR SEALED BIDS

BEAUMONT INDEPENDENT SCHOOL DISTRICT

BID NOTICE 24.17 – SALE OF BEAUMONT ISD REAL PROPERTY

Bid Notice #24.17 – Sale of 6.007 Acre Parcel of Land

Pursuant to Section 272.001(a), Texas Local Government Code, the Beaumont Independent

School District (“Beaumont ISD” or “District”) is soliciting sealed bids from interested parties to

purchase the surface estate only of the parcel of unimproved real property described below. The

District will not consider financing the purchase of the Property and will accept only cash or other

good funds acceptable to the Title Company at closing (cashier’s check or wired funds).

Property

The property consists of approximately 6.007 acre parcel land, more or less, legally described as

JW BULLOCK ABST 7PT TR 1 PLAT B-8 6.0017 AC SOUTHERLAND BLDG and located at 1965

Southerland Street, Beaumont, Texas 77705 as depicted and described in the Property

Information attached hereto Exhibit A (“Property”), together with all rights, privileges, and

appurtenances pertaining thereto, provided that the District expressly excepts from this

transaction and will reserve the entire mineral estate in and of the Property, including any and all

rights to oil, gas, and other minerals and mineral interests (collectively, “Minerals”), subject to a

reasonable waiver of surface rights. The minimum bid for the Property is $130,000.00 (One

Hundred Thirty Thousand and No/100 Dollars) unless the sealed bid meets an exception to the

fair market value requirement under Chapter 272, Texas Local Government Code. The Property

and any portion thereof shall be used and occupied, if at all, only in accordance with applicable

laws.

Overview

The solicitation documents may be obtained by visiting the Beaumont ISD Purchasing

Department website, available at https://www.bmtisd.com/bids. QUESTIONS REGARDING THIS

SOLICITATION OR THE BIDDING PROCESS should be addressed, in writing, to Kristin Gentry,

Purchasing Director, at kgentry@bmtisd.com. All questions must be submitted prior to the

deadline for questions specified in this request. The District will issue responses to timely

submitted questions in the form of an addendum posted to the Beaumont ISD Purchasing

Department website.

All required submissions should be completed, sealed, and submitted to the Beaumont ISD

Purchasing Department, located at 3395 Harrison Ave, Beaumont, Texas 77706, during the

District’s regular business hours of Monday through Friday, 8:00 a.m. to 4:00 p.m., up to the

submission deadline.

The submission deadline is 2:00 p.m. CST on Tuesday, June 11, 2024, and sealed bids will be

publicly opened and read aloud at that time. In the event that no sealed bids are received by the

designated submission deadline, the District reserves the right to issue one or more addenda to

keep this solicitation open and extend the submission deadline until an acceptable sealed bid is

received. The District also reserves the right to reject any or all sealed bids to purchase the

above-described Property.

REQUEST FOR SEALED BIDS

BEAUMONT INDEPENDENT SCHOOL DISTRICT

BID NOTICE 24.17 – SALE OF BEAUMONT ISD REAL PROPERTY

Bid Notice #24.17 – Sale of 6.007 Acre Parcel of Land

Solicitation Schedule

The following is the anticipated schedule for this solicitation (all times shown are Central

Standard Time/CST):

Solicitation Milestone

Date & Time

Advertisement (1

run)

Bid documents posted on the Beaumont ISD website

www.bmtisd.com/bids

Tuesday, May 14, 2024

Advertisement (2

run)

Tuesday, May 21, 2024

Deadline to receive written questions

(emailed to bids@bmtisd.com)

Friday, May 31, 2024 by 2:00 p.m.

Responses to written questions issued by

addendum

(posted on BISD website at www.bmtisd.com/bids)

Tuesday, June 4, 2024 by 2:00 p.m.

Submission Deadline

Tuesday, June 11, 2024 by 2:00 p.m.

Beaumont Independent School District reserves the right to revise the foregoing schedule at any

time. Any such revision(s) will be set forth in an addendum to this request posted on the

Beaumont ISD Purchasing Department website, available at www.bmtisd.com/bids.

Exhibits and Attachments

Exhibit A – Property Information

Exhibit B – Letter of Intent Form

Attachment No. 1 – Proposal Response Form

Attachment No. 2 – Conflict of Interest Questionnaire

Attachment No. 3 – Felony Conviction Notice

Attachment No. 4 – Non-Collusion Affidavit

Attachment No. 5 – Form 1295 Instructions

All sealed bids to purchase the Property must be submitted in the form of the Letter of Intent

attached hereto as Exhibit B. To submit a sealed bid, the prospective purchaser must complete

all sections of the Letter of Intent and submit one (1) original and two (2) copies of the executed

Letter of Intent. In addition, Attachments 1-4 listed above must be completed, signed and, where

applicable, notarized, and submitted with the sealed bid.

All sealed bids must be accompanied by a cashier’s check for the Earnest Money made payable

to the Districts chosen title company: Texas Regional Title, 7675 Folsom Drive, building 100,

Beaumont, TX 77706 (“Title Company”) in the amount of $1,300.00 and a cashier’s check for

the Independent Consideration made payable to Beaumont Independent School District in the

amount of $500.00. The Earnest Money and Independent Consideration will not earn interest

while in the District’s possession. All sealed bids that are not accepted will be returned to the

prospective purchaser with the uncashed checks for the Earnest Money and Independent

Consideration.

REQUEST FOR SEALED BIDS

BEAUMONT INDEPENDENT SCHOOL DISTRICT

BID NOTICE 24.17 – SALE OF BEAUMONT ISD REAL PROPERTY

Bid Notice #24.17 – Sale of 6.007 Acre Parcel of Land

Inspection of the Property Prior to Submission of Sealed Bids

Prospective purchasers are permitted to make a physical inspection of the Property prior to

submitting a sealed bid if the prospective purchaser so elects.

“AS-IS Sale” and Disclaimer

THE PROPERTY WILL BE SOLD AS-IS, WHERE-IS, WITH ALL FAULTS CONDITION, AND THE

DISTRICT MAKES NO, AND SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS, WARRANTIES,

COVENANTS, OR GUARANTEES REGARDING THE PROPERTY.

Prospective purchasers are advised to conduct their own inquiries and investigations regarding

the Property, including, without limitation, the Property Information set forth in Exhibit A, any

other documents or other information provided by the District, its employees, contractors, or

agents relating to the Property or this solicitation, and any encumbrances, conditions, easements,

assessments, reservations, and restrictions with respect to the Property. Prospective purchasers

shall not rely upon, and the District does not make any representations, warranties, covenants, or

guarantees relating to, these or any other matters affecting the Property, and prospective

purchasers shall perform appropriate due diligence and legal analysis with respect thereto.

The conveyance of the Property by the District will be subject to all visible and apparent

easements, any and all matters contained in the vesting deed wherein the District acquired the

Property, any and all matters filed of record in the real property records of Jefferson County,

Texas, and any other matters noted as “Permitted Exceptions” as defined in the Agreement. For

purposes of this request, the term “Agreement” means the definitive Purchase and Sale

Agreement executed by the successful proposer, if any, who is awarded a contract pursuant to

this request (“Buyer”) and countersigned by the District’s authorized representative after the

Buyer’s sealed bid has been approved and accepted by the District’s Board of Trustees. The

Agreement and any deed delivered by the District at closing will contain an “AS-IS” clause

acceptable to the District, including, without limitation, a disclaimer and waiver of all

representations, warranties, covenants, and guarantees, except for the limited warranty of

title, which shall be given as to the Property only (and not any ancillary rights, privileges, and

appurtenances).

Not an Offer; Contract Approval Required

THIS REQUEST CONSTITUTES A REQUEST FOR SEALED BIDS ONLY, WHICH MAY OR MAY NOT

RESULT IN A SALE OR CONTRACT TO SELL AND DOES NOT SERVE AS A LEGAL OFFER BY THE

DISTRICT UNDER CONTRACT LAW. THE SUBMISSION OF A SEALED BID CONSTITUTES AN OFFER

TO PURCHASE THE PROPERTY THAT THE DISTRICT MAY OR MAY NOT ACCEPT, IN ITS SOLE

DISCRETION. THE REQUEST AND THE SEALED BID SUBMITTED TO THE DISTRICT PURSUANT TO

THIS REQUEST MAY CREATE LEGAL OBLIGATIONS ON THE PROSPECTIVE PURCHASER.

PROSPECTIVE PURCHASERS ARE ADVISED TO HAVE AN ATTORNEY REVIEW THIS REQUEST FOR

SEALED BIDS, INCLUDING THE EXHIBITS AND ATTACHMENTS, THE LETTER OF INTENT, AND THE

PROSPECTIVE PURCHASER’S SEALED BID TO ADVISE THE PROSPECTIVE PURCHASER AS TO THE

EFFECTS THEREOF.

THE DISTRICT RESERVES THE RIGHT TO REJECT ANY OR ALL SEALED BIDS TO PURCHASE THE

PROPERTY AND/OR TO MAKE COUNTER-OFFERS TO ANY PROSPECTIVE PURCHASER AND

NEGOTIATE THE TERMS OF A LETTER OF INTENT AND/OR ANY RESULTING AGREEMENT.

REQUEST FOR SEALED BIDS

BEAUMONT INDEPENDENT SCHOOL DISTRICT

BID NOTICE 24.17 – SALE OF BEAUMONT ISD REAL PROPERTY

Bid Notice #24.17 – Sale of 6.007 Acre Parcel of Land

This Request for Sealed Bids does not obligate the District to award a contract or pay any costs

incurred by a prospective purchaser in the preparation and submittal of a sealed bid. If a sealed

bid is selected for recommendation pursuant to the requirements of this request, the prospective

purchaser, sealed bid, Letter of Intent, and resulting Agreement, if any, will be submitted to the

District’s Board of Trustees (“Board”) for consideration and approval. If the Board approves and

accepts a sealed bid, any delegation of authority by the Board to an authorized representative of

the District to commit the District contractually shall be limited to the scope of authority to

contract expressly delegated by the Board. NO CONTRACT SHALL BE ENFORCEABLE AGAINST THE

DISTRICT UNLESS AND UNTIL IT IS APPROVED BY THE DISTRICT’S BOARD OF TRUSTEES AT A DULY

CALLED MEETING AND PROPERLY EXECUTED BY BOTH THE SELECTED PROSPECTIVE PURCHASER,

IF ANY, AND THE AUTHORIZED REPRESENTATIVE OF THE DISTRICT.

Waiver

BY SUBMITTING A SEALED BID, THE PROSPECTIVE PURCHASER AGREES TO AND DOES HEREBY

WAIVE ANY AND ALL CLAIMS IT HAS OR MAY HAVE AGAINST BEAUMONT INDEPENDENT

SCHOOL DISTRICT, OR ITS PAST, PRESENT, OR FUTURE TRUSTEES, EMPLOYEES, AGENTS, OR

REPRESENTATIVES ARISING OUT OF OR IN CONNECTION WITH (1) THE ADMINISTRATION,

EVALUATION, OR RECOMMENDATION OF ANY SEALED BID; (2) ANY REQUIREMENTS UNDER OR

IN CONNECTION WITH THE REQUEST OR RELATED DOCUMENTS; (3) THE REJECTION OF ANY

SEALED BID OR ANY PART OF ANY SEALED BID; (4) WAIVER BY THE BEAUMONT INDEPENDENT

SCHOOL DISTRICT OF ANY TECHNICALITIES OR IRREGULARITIES IN THE REQUEST OR ANY

SEALED BID; (5) WAIVER OR CHANGE IN ANY PROVISION OF THE REQUEST OR RELATED

MATERIALS THAT DOES NOT MATERIALLY AND ADVERSELY AFFECT A SPECIFIC SEALED BID;

AND/OR (6) THE AWARD OF AN AGREEMENT, IF ANY.

Right to Withdraw or Amend

The District reserves the right to withdraw this request at any time for any reason and to

withdraw the Property from designation as surplus and/or from sale at any time; and to issue

such responses to questions, clarifications, modifications, amendments, and/or addenda as the

District deems appropriate, in its sole discretion. If and when the District responds to questions

or any part of this request is revised, amended, supplemented, corrected, extended, withdrawn,

or changed in a manner that impacts the process or the outcome, the District will issue an

addendum addressing such matters, and the addendum will be posted on the Beaumont ISD

Purchasing Department website, available at https://www.bmtisd.com/bids. It is the sole

responsibility of the prospective purchaser to monitor the Beaumont ISD Beaumont ISD

Purchasing Department website to verify issuance of addenda and to ensure the prospective

purchaser’s receipt thereof. Prospective purchasers shall acknowledge receipt of any addenda in

the prospective purchaser’s sealed bid.

Non-Discrimination

The District is an equal opportunity educational institution, which does not discriminate on the

basis of race, color, religion, national origin, gender, age, disability, or any other characteristic

protected by law.

REQUEST FOR SEALED BIDS

BEAUMONT INDEPENDENT SCHOOL DISTRICT

BID NOTICE 24.17 – SALE OF BEAUMONT ISD REAL PROPERTY

Bid Notice #24.17 – Sale of 6.007 Acre Parcel of Land

Prohibited Conduct

ALL COMMUNICATIONS REGARDING THIS BID NOTICE SHALL ONLY BE BETWEEN THE

PROSPECTIVE PURCHASER OR ITS AGENT AND THE DISTRICT CONTACT SET FORTH ON THE FIRST

PAGE OF THIS REQUEST. PROSPECTIVE PURCHASERS SHALL NOT COMMUNICATE WITH ANY

OTHER PERSON AT THE DISTRICT, INCLUDING ANY TRUSTEE OR ADMINISTRATOR, REGARDING

THIS REQUEST OR THE PROSPECTIVE PURCHASER’S SEALED BID.

Any direct or indirect actions taken to unduly influence the competitive process, to circumvent

equal consideration for all prospective purchasers, or to disregard ethical and legal policies and

other requirements may be grounds for disqualification from participation in this request for bids

and/or any future District orders or contracts.

***Nothing contained herein shall prohibit any person or entity from publicly addressing the

Board during any duly noticed public meeting, in accordance with applicable Board policies and

the Texas Open Meetings Act.

Confidentiality and Texas Public Information Act

To the extent permitted by law, documents submitted as part of the sealed bid will be treated as

confidential during the review and evaluation process, with the exception of the names of the

prospective purchasers and the sealed bid amounts. Unless required by law, sealed bids will not

be made available for review by anyone other than the District or its designated agents, and

there shall be no disclosure of any prospective purchaser’s sealed bid to a competing prospective

purchaser prior to the acceptance of a sealed bid and award of an Agreement. Upon the award

of an Agreement, if any, sealed bids and any other information submitted to the District may

become public information (except for any information that remains confidential under

applicable law) and may be subject to disclosure to any person who makes a proper request for

the information. If a prospective purchaser believes that any information included in its sealed

bid contains proprietary, trade secret, or other information that is privileged or confidential by

law or that may cause substantial competitive harm to the prospective purchaser’s business if

disclosed by the District to a third-party, even after the award of the Agreement, the prospective

purchaser should clearly and conspicuously mark that information in its sealed bid and the

prospective purchaser may be entitled to protect such information at the time a request is made

for disclosure; provided, however, that the District cannot guarantee that any such information is

protected from disclosure, and the prospective purchaser should consult with its legal counsel to

determine whether such information may be protected from disclosure. Wholesale marking of

the entire sealed bid as “Confidential” or “Proprietary” will not be effective.

Instructions for Submission of Sealed Bids

Prospective purchasers should exercise particular care in reviewing the requirements for sealed

bids and the selection criteria set forth in this request. Sealed bids that do not materially

conform to requirements of this request may be disqualified from consideration. As used in this

request, the term “sealed bid” means a prospective purchaser’s offer package in a sealed

envelope containing all of the documents required by the request, including, without limitation,

all required originals and copies of the completed Letter of Intent and Attachments 1-4, a

cashier’s check for the Earnest Money, and a cashier’s check for the Independent Consideration.

All of the documents described herein shall be completed correctly, signed, and, where

applicable, notarized. Original documents should be clearly marked “Original.” The outside of

REQUEST FOR SEALED BIDS

BEAUMONT INDEPENDENT SCHOOL DISTRICT

BID NOTICE 24.17 – SALE OF BEAUMONT ISD REAL PROPERTY

Bid Notice #24.17 – Sale of 6.007 Acre Parcel of Land

the sealed envelope containing the sealed bid must clearly state the prospective purchaser’s

name and “Sealed Bid #24.17, Sale of Beaumont ISD Surplus Real Property – 6.007 Acre Parcel of

Land.”

Sealed bids may be mailed, couriered, or hand delivered, and must be received by the

Beaumont ISD Purchasing Department at 3395 Harrison Ave, Beaumont, Texas 77706 no later

than 2:00 p.m. CST on Tuesday, June 11, 2024.

Prospective purchasers are responsible for ensuring that sealed bids are delivered according to

the instructions in this request by the stated submission deadline. If a sealed bid is misplaced due

to an insufficient address or improper delivery, the District will bear no responsibility for the loss

and will not accept the sealed bid after the submission deadline if it is found. Sealed bids

received after the submission deadline or received at a location other than the location specified

in the request will not be considered for award and will be returned unopened to the prospective

purchaser. The time/date stamp clock used by the District’s Purchasing Department shall be the

official time of receipt of the sealed bids.

Proposed Changes

No exceptions or changes to the terms and conditions of the request or the Letter of Intent will

be accepted unless such exceptions or changes that may be requested by the prospective

purchaser are specifically and expressly stated in the sealed bid, received by District on or before

the submission deadline, accepted by District, and ultimately reduced to writing and signed by

both the prospective purchaser and an authorized representative of the District. The District

reserves the right to accept, reject, and/or negotiate any proposed exceptions or changes,

provided that such exceptions or changes would not reflect any unfair advantage to one

prospective purchaser over another. Exceptions or changes to the request for sealed bids terms

and conditions or Letter of Intent that the District considers to be too general, unreasonable, or

affecting essential terms, or any language to the effect that the prospective purchaser does not

consider this request or the Letter or Intent to be part of its contractual obligation, may reduce

or eliminate the prospective purchaser’s prospects for award.

Withdrawal of Sealed Bids

Prospective purchasers may request to withdraw a sealed bid prior to the submission deadline.

Any such request must be made in writing at the same location designated for submission of

sealed bids. If a prospective purchaser’s request to withdraw a sealed bid is granted, the District

will return the sealed bid to the prospective purchaser unopened. Once the submission deadline

has passed, all sealed bids shall be deemed final, conclusive, and irrevocable, and no sealed bids

shall be subject to withdrawal, correction, or amendment for errors or miscalculations by the

prospective purchaser. All sealed bids shall remain fixed and binding on the prospective

purchaser and open and valid for not less than ninety (90) days after the submission deadline,

and no sealed bids may be withdrawn for a period of ninety (90) days after the submission

deadline without the prior written consent of the District’s Board of Trustees.

REQUEST FOR SEALED BIDS

BEAUMONT INDEPENDENT SCHOOL DISTRICT

BID NOTICE 24.17 – SALE OF BEAUMONT ISD REAL PROPERTY

Bid Notice #24.17 – Sale of 6.007 Acre Parcel of Land

Form 1295

If a Form 1295 is required by statute, prior to taking the recommended sealed bid to the Board of

Trustees for consideration, the District will require the prospective purchaser with the highest

ranked sealed bid to submit evidence that the prospective purchaser has completed Form 1295

(Certificate of Interested Parties). The instructions for completing the 1295 form are set forth in

Attachment 5. The prospective purchaser will be required to electronically complete and sign a

1295 form on the Texas Ethics Commission website, print out the form, and deliver a copy of the

form to the District’s Purchasing Department.

If the District requests a prospective purchaser to complete Form 1295, within forty-eight (48)

hours from the date the District notified the prospective purchaser of the need for the Form

1295, the prospective purchaser must submit evidence to the District that the form has been

completed. If the prospective purchaser fails to submit the required information to the District

within such 48-hour period, the District may deem that sealed bid ineligible and request that the

prospective purchaser with the next highest ranked sealed bid complete the Form 1295 with the

process continuing until the prospective purchaser with the highest ranked sealed bid complies

with this requirement.

Selection Process

Review of Sealed Bids. All sealed bids will be reviewed to determine if they conform with the

request requirements. Conforming sealed bids will be evaluated, and the final sealed bid

selection and award of an Agreement, if any, will be subject to approval and acceptance by the

District's Board of Trustees. No final determination of a successful sealed bid will be made until a

thorough review of all sealed bids is conducted and completed.

Waiver of Minor Technicalities. Notwithstanding anything contained in this request, the District

reserves the right to waive minor technicalities or irregularities in a sealed bid so long as such

technicality or irregularity does not put any other prospective purchaser at a disadvantage or

otherwise adversely affect the sealed bid process.

Evaluation Criteria for Award. An Agreement, if awarded, will be made to the prospective

purchaser with the highest ranked sealed bid representing the best value to the District based on

the Evaluation Criteria below; provided that the sealed bid is in compliance with the

requirements set forth in this request, including a sealed bid amount that is acceptable to the

District, and not determined to be ineligible.

Evaluation Criteria

1. Sealed bid amount offered for the Property 75 Points

(Taking into consideration the proposed Purchase Price and any other

financial terms contained in the sealed bid, including, but not limited to,

any proposed exceptions or changes to the allocation of costs, expenses,

and liabilities in the Request for Sealed Bids or Letter of Intent, and

whether the sealed bid amount is equal to or greater than the fair market

value of the Property or satisfies an exception to the fair market value

requirement under Chapter 272, Texas Local Government Code)

REQUEST FOR SEALED BIDS

BEAUMONT INDEPENDENT SCHOOL DISTRICT

BID NOTICE 24.17 – SALE OF BEAUMONT ISD REAL PROPERTY

Bid Notice #24.17 – Sale of 6.007 Acre Parcel of Land

2. Acceptance of the request terms and Letter of Intent 15 Points

(Taking into consideration the extent to which the sealed bid includes any

proposed exceptions or changes to the request terms or Letter of Intent, with

preference given to sealed bids containing no proposed exceptions or

changes)

3. The use to which the prospective purchaser will put the Property 10 Points

(Taking into consideration the economic value of the proposed use of the

Property to the District and the community, including, but not limited to, the

long-term operational and ad valorem taxation impact of the sealed bid on the

District, and whether the prospective purchaser’s intended use of the Property

will result in the Property benefitting the District and the community in ways

other than economic)

Total 100 Points

THE DISTRICT RESERVES THE RIGHT TO REJECT ANY OR ALL SEALED BIDS

Best and Final Offer. The District reserves the right to request prospective purchasers to submit a

best and final offer or to request prospective purchasers to respond to a request for clarification

following the evaluation of the initial sealed bids. Either process may occur and will be at the sole

discretion of the District. In the event that the District elects to request a best and final offer, it

will notify the highest ranked prospective purchasers (up to a maximum of 5) in writing, request

those prospective purchasers to submit their best and final offer, and provide a deadline for such

offers. Best and final offers must be submitted on forms required by District in its notice and

request for best and final offers.

Notification to Prospective Purchasers. The District will notify all prospective purchasers via

electronic mail or U.S. Mail within fifteen (15) District business days after the sealed bid opening

as to the status of their sealed bid and whether the District will request the prospective

purchaser to submit a best and final offer. No oral statements or verbal acknowledgement of an

award to a particular prospective purchaser shall create a contractual or other obligation on the

part of the District.

Disposition of Earnest Money and Independent Consideration. If a prospective purchaser’s

sealed bid is accepted and an Agreement is awarded to that prospective purchaser by the

District’s Board of Trustees, the District will forward the cashier’s check for the Earnest Money to

the Title Company (Texas Regional Title) to be applied toward the Purchase Price at closing and

will deposit and retain the Independent Consideration, which shall be non-refundable to the

prospective purchaser. If a sealed bid is not accepted, the District will notify the prospective

purchaser that its sealed bid was not accepted and inform the prospective purchaser regarding

the process for return of the cashier’s checks for the Earnest Money and Independent

Consideration.

REQUEST FOR SEALED BIDS

BEAUMONT INDEPENDENT SCHOOL DISTRICT

BID NOTICE 24.17 – SALE OF BEAUMONT ISD REAL PROPERTY

Bid Notice #24.17 – Sale of 6.007 Acre Parcel of Land

EXHIBIT A

PROPERTY INFORMATION

REQUEST FOR SEALED BIDS

BEAUMONT INDEPENDENT SCHOOL DISTRICT

BID NOTICE 24.17 – SALE OF BEAUMONT ISD REAL PROPERTY

Bid Notice #24.17 – Sale of 6.007 Acre Parcel of Land

REQUEST FOR SEALED BIDS

BEAUMONT INDEPENDENT SCHOOL DISTRICT

BID NOTICE 24.17 – SALE OF BEAUMONT ISD REAL PROPERTY

Bid Notice #24.17 – Sale of 6.007 Acre Parcel of Land

REQUEST FOR SEALED BIDS

BEAUMONT INDEPENDENT SCHOOL DISTRICT

BID NOTICE 24.17 – SALE OF BEAUMONT ISD REAL PROPERTY

Bid Notice #24.17 – Sale of 6.007 Acre Parcel of Land

EXHIBIT B

LETTER OF INTENT FORM

Beaumont Independent School District

3395 Harrison Ave

Beaumont, Texas 77706

Re: Letter of Intent from ___________________________ (“Prospective Purchaser”) to

purchase the surface estate of an approximate 6.007 acre parcel of land (“Property”)

from Beaumont Independent School District (“Seller”) pursuant to request for sealed bids

notice 24.17.

To Seller:

Prospective Purchaser submits the following offer to purchase the above-described Property, as

depicted in Exhibit A of the request. Prospective Purchaser acknowledges that, if accepted by the

Seller’s Board of Trustees, such purchase would be subject to the following material terms, to be

finalized by the parties in a definitive Purchase and Sale Agreement (“Agreement”) to be

executed by Seller and Prospective Purchaser following approval of the same by Seller’s Board of

Trustees:

1. Prospective Purchaser’s Contact Information:

Legal Name: ____________________________________________________________

Authorized Representative: _________________________________________________

Address: _______________________________________________________________

Phone Number: __________________________________________________________

Email: _________________________________________________________________

2. Purchase Price: The purchase price for the Property (“Purchase Price”) will be

$____________________, payable in cash at closing, in accordance with the terms below. The

Purchase Price will not be adjusted based on the final Survey approved by Prospective

Purchaser and Seller.

3. Earnest Money and Independent Consideration: Prospective Purchaser submits a cashier’s

check herewith in the amount of $1,300.00 payable to Texas Regional Title Company, as

Earnest Money, and Prospective Purchaser submits a cashier’s check herewith in the amount

of $500.00 payable to Beaumont Independent School District, as Independent Consideration.

Seller will deposit the Earnest Money with the Title Company within five (5) Seller business

days after the Effective Date of the Agreement and, except as may be provided otherwise in

the Agreement, the Earnest Money shall be applied to the Purchase Price at closing. Upon

the parties’ execution of the Agreement, the Independent Consideration shall be non-

refundable to Prospective Purchaser and shall be retained by Seller as independent

consideration for Prospective Purchaser’s right to terminate the Agreement during the

Feasibility Period, as described below.

REQUEST FOR SEALED BIDS

BEAUMONT INDEPENDENT SCHOOL DISTRICT

BID NOTICE 24.17 – SALE OF BEAUMONT ISD REAL PROPERTY

Bid Notice #24.17 – Sale of 6.007 Acre Parcel of Land

4. Title Company: The Title Company for this transaction shall be:

Texas Regional Title, 7675 Folsom Dr., Bldg. 100, Beaumont, TX 77706 Attn: Mary Rodriguez.

5. Effective Date: The Effective Date of the Agreement shall be the date that the fully executed

Agreement is receipted by the Title Company.

6. Feasibility Period: Prospective Purchaser shall have until 5:00 p.m. CST on the date that is

forty-five (45) days after the Effective Date to perform any non-invasive surveys, tests,

inspections, and other due diligence activities on or with respect to the Property, provided

that such activities shall be subject to any reasonable requirements of Seller, which

requirements shall be further detailed in the Agreement. Any invasive due diligence

activities, including, without limitation, a Phase II environmental site assessment, shall

require the Seller’s prior written consent. If Prospective Purchaser deems the Property

unsuitable, Prospective Purchaser may terminate the Agreement by providing written notice

to Seller prior to the expiration of the Feasibility Period, and upon such timely termination

the Earnest Money shall be returned to Prospective Purchaser.

7. Survey: Prospective Purchaser, at its sole cost and expense, shall obtain a new land title

survey of the Property (“Survey”) within twenty (20) days after the Effective Date of the

Agreement, indicating the boundaries and total area of the Property, and shall provide a copy

of such Survey to Seller and the Title Company for approval.

8. Title Commitment and Policy: Within fifteen (15) days after the Effective Date, Prospective

Purchaser will, at its sole cost and expense, cause the Title Company to issue to Prospective

Purchaser a commitment (“Title Commitment”) for an owner’s policy of title insurance

covering the Property (“Title Policy”). Prospective Purchaser will pay for the Title Policy and

any endorsements requested by Prospective Purchaser at closing.

9. Title Review: Prospective Purchaser will have a period of fifteen (15) days after receipt of the

last of the Survey and the Title Commitment to make written objections to matters affecting

title. Seller may, but is not required to, cure any such objections.

10. Closing: Closing and funding of the transaction shall take place within fifteen (15) days

following the expiration of the Feasibility Period, unless otherwise agreed by the parties in

writing. At closing, Seller will convey the Property to Prospective Purchaser by Special

Warranty Deed, free and clear of all mortgages, liens, and other encumbrances, except as

approved or waived by Prospective Purchaser, provided that Seller will make no warranties as

to any rights, privileges, or appurtenances pertaining to the Property.

11. Minerals and Surface Rights: Seller excepts from this transaction and will reserve in the deed

delivered by Seller at closing any and all minerals in and of the Property, subject to a

reasonable waiver of surface rights for the development and production of said minerals.

REQUEST FOR SEALED BIDS

BEAUMONT INDEPENDENT SCHOOL DISTRICT

BID NOTICE 24.17 – SALE OF BEAUMONT ISD REAL PROPERTY

Bid Notice #24.17 – Sale of 6.007 Acre Parcel of Land

12. Commissions: Prospective Purchaser represents to Seller that Prospective Purchaser has

entered into an agreement with _________________________ (“Prospective Purchaser’s

Broker”) to represent Prospective Purchaser in the purchase of the Property. Prospective

Purchaser shall be responsible for the payment of any fees, commissions, or compensation

payable to Prospective Purchaser’s Broker or any other person or entity as a result of

Prospective Purchaser’s participation in the transaction contemplated herein, and Seller shall

have no liability therefor.

13. Proposed Land Use: Offeror’s proposed land use is described below:

14. Taxes: Property taxes will be prorated to the date of closing.

15. THIS SALE SHALL BE AN “AS-IS, WHERE-IS, WITH ALL FAULTS” SALE, AND THE SPECIAL

WARRANTY DEED DELIVERED BY SELLER AT CLOSING SHALL SO PROVIDE.

It is understood that the basic transaction outlined above and such other terms and conditions as

are usual and appropriate for a transaction of this type shall be the subject matter of a definitive

Agreement prepared, negotiated, and executed by Seller and Prospective Purchaser after the

approval of the terms set forth herein by Beaumont ISD’s Board of Trustees. If Prospective

Purchaser’s sealed bid is selected and this Letter of Intent is approved by Beaumont ISD’s Board

of Trustees, Prospective Purchaser agrees, within ten (10) business days after written notification

by Seller, to execute any such Agreement. Beaumont ISD’s acceptance of the Agreement is

effective only upon the execution of the Agreement by Beaumont ISD’s authorized representative

after approval of the same by Seller’s Board of Trustees.

_________________________________________

Signature of Authorized Representative

_________________________________________

Print Name

_________________________________________

Date

ONCE EXECUTED BY PROSPECTIVE PURCHASER, THIS LETTER OF INTENT CONSTITUTES AN OFFER TO PURCHASE THE

PROPERTY AND MAY CREATE LEGAL OBLIGATIONS ON THE PROSPECTIVE PURCHASER. AN OFFER MAY ONLY BE

ACCEPTED BY FORMAL ACTION OF THE BEAUMONT ISD BOARD OF TRUSTEES. PROSPECTIVE PURCHASERS MAY

WISH TO HAVE AN ATTORNEY REVIEW THIS LETTER OF INTENT TO ADVISE THEM AS TO THE EFFECTS THEREOF.

REQUEST FOR SEALED BIDS

BEAUMONT INDEPENDENT SCHOOL DISTRICT

BID NOTICE 24.17 – SALE OF BEAUMONT ISD REAL PROPERTY

Bid Notice #24.17 – Sale of 6.007 Acre Parcel of Land

ATTACHMENT 1

SEALED BID FORM

Introduction

This sealed bid is for the purchase of the surface estate of a parcel of land containing

approximately 6.007 acres (as further described in Beaumont ISD Request for Sealed Bid Notice

24.17) and consists of:

1. This Sealed Bid Form (Attachment 1), completed, signed, and notarized;

2. One (1) original and two (2) copies of the completed and signed Letter of Intent (Exhibit

B);

3. A cashier’s check for the Earnest Money;

4. A cashier’s check for the Independent Consideration;

5. The completed, signed, and, where applicable, notarized Attachments 1-4; and

6. The signed addenda, if any.

All portions of the sealed bid must be completed on forms provided by the District (except for the

cashier’s checks for the Earnest Money and the Independent Consideration). Please write the

request number (24.17) in the memo section or elsewhere on the cashier’s checks.

Please type or print in the blanks below all applicable information. If the information is not

applicable, please indicate by placing N/A in the blank. Additional sheets may be added as

necessary to provide complete information. Please be sure to fill out this form completely.

A. Prospective Purchaser’s General Information

The prospective purchaser must be a person or legal entity in existence on the date of submission

of the sealed bid. The name of the prospective purchaser in this Sealed Bid Form must be the

same as the name of the prospective purchaser in the Letter of Intent (Exhibit B) and any

additional documents that form the sealed bid. The following information must be provided:

Name of Prospective Purchaser:

Address:

Type of Organization (Individual, Partnership, Corporation, Association):

REQUEST FOR SEALED BIDS

BEAUMONT INDEPENDENT SCHOOL DISTRICT

BID NOTICE 24.17 – SALE OF BEAUMONT ISD REAL PROPERTY

Bid Notice #24.17 – Sale of 6.007 Acre Parcel of Land

B. Contact Information for Prospective Purchaser’s Principal or Authorized Representative

Name and Title:

Address:

City/State/Zip:

Phone No:

Fax No:

Email Address:

C. Bank Reference

D. Personal/Business References

Instructions: Provide at a minimum three (3) references that can verify your financial stability and

capability to enter into a purchase of the magnitude and nature as required by this request. A

prospective purchaser may, but is not required to, provide additional references.

1.____________________________________________________________________________

2.____________________________________________________________________________

3.____________________________________________________________________________

E. Prospective Purchaser’s offered price for the Property (“Purchase Price” in the Letter of

Intent)

$______________________________

F. Use to which the Prospective Purchaser intends to put the Property

______________________________________________________________________________

Bank Name:

Address:

Phone:

Contact:

Name

Address

Contact Information

(Email/Phone Number)

REQUEST FOR SEALED BIDS

BEAUMONT INDEPENDENT SCHOOL DISTRICT

BID NOTICE 24.17 – SALE OF BEAUMONT ISD REAL PROPERTY

Bid Notice #24.17 – Sale of 6.007 Acre Parcel of Land

G. Letter of Intent

Attached as Exhibit B is the form of the Letter of Intent (“LOI”) that is part of the sealed bid and

will comprise the prospective purchaser’s offer to purchase the Property. The LOI must be

completed and signed by an authorized representative of the prospective purchaser and

submitted to the District as part of the sealed bid.

Any proposed changes or exceptions to the terms of this request or the form of the LOI, which

will be considered in the sealed bid evaluation and award process, must be noted here (no

changes or exceptions will be considered after the sealed bid has been submitted):

______________________________________________________________________________

H. Representations and Certifications – Sealed Bid Certification

The person signing and making the verification below affirms that he or she is duly authorized to

execute this sealed bid on behalf of the prospective purchaser; that this company, corporation,

firm, partnership, or individual has not prepared this sealed bid in collusion with any other

person, firm, or entity making or considering making a sealed bid to the District for this or any

future District solicitations; and that the prospective purchaser has not communicated about or

discussed the contents of this sealed bid with any employee, trustee, or agent of the District

other than Ms. Kristin Gentry, Purchasing Director.

Prospective Purchaser:

Address:

City/State/Zip:

Phone No:

Fax No:

Email Address:

Typed Name:

Date:

REQUEST FOR SEALED BIDS

BEAUMONT INDEPENDENT SCHOOL DISTRICT

BID NOTICE 24.17 – SALE OF BEAUMONT ISD REAL PROPERTY

Bid Notice #24.17 – Sale of 6.007 Acre Parcel of Land

I. Verification by Prospective Purchaser

State of ______________________ §

County of ______________________ §

The undersigned, being first duly sworn on oath, states as follows:

The information submitted herein is true and correct. I represent that if this sealed bid is

accepted, as of the date of closing on the purchase of the Property, I will have conducted all

due diligence and investigations I deem necessary or advisable and will have inspected the

Property on which this sealed bid is submitted to the extent I deem material. I further

represent and warrant that I have read and understand the complete Request for Sealed Bids

(24.17), Sale of Beaumont ISD Surplus Real Property – 6.007 Acre Parcel of Land, including all

attached documents; that I have asked any relevant questions that I would need to have

answered before making a decision to purchase the Property; that I accept title to the Property

“AS IS,” “WHERE IS,” and with all faults, without any representation, warranty, covenant, or

guarantee from the District, except for the limited warranty of title to the land set forth in the

special warranty deed delivered by the District at closing. I further acknowledge that I am a

knowledgeable buyer of real property, that I have been advised to and understand that I have a

right to have an attorney review this request for sealed bids, including this document and the

Letter of Intent. I further represent that I am not relying upon any representation, warranty,

covenant, statement, guarantee, or other assertion of the Beaumont Independent School

District, or any trustee, agent, consultant, representative, or employee of the District. Further,

I represent that I am legally authorized to sign this sealed bid on behalf of the prospective

purchaser and have the authority to sign any other documents relating to the purchase and

sale of this Property and bind the prospective purchaser to the terms thereof. The foregoing

representations and all material terms and conditions of Request for Sealed Bids (24.17) Sale of

Beaumont ISD Surplus Real Property – 6.007 Acre Parcel of Land, shall survive the award, if any,

to the undersigned prospective purchaser and execution of the Agreement.

NAME OF PROSPECTIVE PURCHASER: ____________________________

By: ____________________________________ Date: ______________

(Signature)

Printed Name: ___________________________________

Title: ___________________________________

Sworn to and subscribed before me on this ___ day of ____________________, 2024, by

___________________________________.

___________________________________

(Notary)

___________________________________

(Commission expires)

REQUEST FOR SEALED BIDS

BEAUMONT INDEPENDENT SCHOOL DISTRICT

BID NOTICE 24.17 – SALE OF BEAUMONT ISD REAL PROPERTY

Bid Notice #24.17 – Sale of 6.007 Acre Parcel of Land

ATTACHMENT 2

CONFLICT OF INTEREST QUESTIONNAIRE

REQUEST FOR SEALED BIDS

BEAUMONT INDEPENDENT SCHOOL DISTRICT

BID NOTICE 24.17 – SALE OF BEAUMONT ISD REAL PROPERTY

Bid Notice #24.17 – Sale of 6.007 Acre Parcel of Land

NOTE: When completing this Questionnaire, please be certain to answer each and every question;

check the applicable boxes; and indicate “Not Applicable” if and where appropriate. Please sign

and date.

REQUEST FOR SEALED BIDS

BEAUMONT INDEPENDENT SCHOOL DISTRICT

BID NOTICE 24.17 – SALE OF BEAUMONT ISD REAL PROPERTY

Bid Notice #24.17 – Sale of 6.007 Acre Parcel of Land

ATTACHMENT 3

FELONY CONVICTION NOTIFICATION

State of Texas Legislative Senate Bill No. 1, Section 44.034, Notification of Criminal History,

Subsection (a), states “a person or business entity that enters into a contract with a school

district must give advance notice to the district if the person or an owner or operator of the

business entity has been convicted of a felony. The notice must include a general description of

the conduct resulting in the conviction of a felony.”

Subsection (b) states “a school district may terminate a contract with a person or business

entity if the district determines that the person or business entity failed to give notice as

required by Subsection (a) or misrepresented the conduct resulting in the conviction. The

district must compensate the person or business entity for services performed before the

termination of the contract.”

This Notice is Not Required of a Publicly-Held Corporation

Prospective Purchaser’s Name: __________________________________________________

Authorized Company Official’s Name (Printed): ____________________________________

A. Prospective purchaser is a publicly-held corporation. Therefore, this reporting requirement is

not applicable.

Yes No

B. Prospective purchaser is not owned or operated by anyone who has been convicted of a

felony:

Yes No

C. Prospective purchaser is owned or operated by the following individual(s) who has/have been

convicted of a felony:

Yes No

Name of Felon(s):

___________________________________________________________________________

Details of Conviction(s):

___________________________________________________________________________

I, the undersigned agent for the prospective purchaser named above, certify that I have reviewed

the information concerning notification of felony convictions and the foregoing information is

true and correct to the best of my knowledge.

Signature of Company Official: Date:

_________________________________ ___________________

NOTE: When completing this Questionnaire, please be certain to answer each and every question;

check the applicable boxes; and indicate “Not Applicable” if and where appropriate. Please sign

and date.

REQUEST FOR SEALED BIDS

BEAUMONT INDEPENDENT SCHOOL DISTRICT

BID NOTICE 24.17 – SALE OF BEAUMONT ISD REAL PROPERTY

Bid Notice #24.17 – Sale of 6.007 Acre Parcel of Land

ATTACHMENT 4

NON-COLLUSION AFFIDAVIT

By submission of this sealed bid, the undersigned certifies that:

A. This sealed bid has been independently arrived at without collusion with any other

prospective purchaser or with any other competitor;

B. This sealed bid has not been knowingly disclosed and will not be knowingly disclosed,

to any other prospective purchaser or competitor or potential competitor, prior to the

opening of the sealed bids for this solicitation.

C. No attempt has been or will be made to induce any other person, partnership, or

corporation to submit or not submit a sealed bid.

D. The undersigned certifies that he/she is fully informed regarding the accuracy of the

statements contained in this certification, and that the penalties herein are applicable

to the prospective purchaser as well as to any other person signing on the prospective

purchaser’s behalf.

_________________________________ __________________

Authorized Agent (Print Name) Date

_________________________________

Signature

_________________________________

Prospective Purchaser Name

__________________________________

Prospective Purchaser Address

Sworn to and subscribed before me on this ___ day of ______________________, 2024,

by ___________________________________.

___________________________________

(Notary)

___________________________________

(Commission expires)

REQUEST FOR SEALED BIDS

BEAUMONT INDEPENDENT SCHOOL DISTRICT

BID NOTICE 24.17 – SALE OF BEAUMONT ISD REAL PROPERTY

Bid Notice #24.17 – Sale of 6.007 Acre Parcel of Land

ATTACHMENT 5

FORM 1295 INSTRUCTIONS

The District is required to comply with House Bill 1295, which amended the Texas

Government Code by adding Section 2252.908, Disclosure of Interested Parties. Section 2252.908

prohibits the District from entering into a contract with a business entity unless the business

entity submits a Disclosure of Interested Parties (Form 1295) to the District at the time business

entity submits the signed contract. Effective January 1, 2018, the Form 1295 requirement does

not apply to: (1) a contract with a publicly traded business entity or wholly owned subsidiary of

the same; (2) an electric utility; or (3) a gas utility. The Texas Ethics Commission has adopted rules

requiring the business entity to file Form 1295 electronically with the Texas Ethics Commission.

As a business entity, the prospective purchaser selected for contract award, if any, must complete

Form 1295 electronically with the Texas Ethics Commission using the online filing application,

which can be found at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The

prospective purchaser must complete Form 1295, even if no interested parties exist. After

completing the Form 1295, the prospective purchaser should print a copy of the completed form

(making sure that it has a computer-generated certification number in the “Office Use Only” box),

have an authorized agent of the business entity sign the form, and submit the completed Form

1295 to the District’s Purchasing Department. The District must acknowledge the receipt of the

filed Form 1295 by notifying the Texas Ethics Commission of the receipt of the filed Form 1295 no

later than the 30th day after receipt by the District. After the District acknowledges the Form

1295, the Texas Ethics Commission will post the completed Form 1295 to its website with seven

business days after receiving notice from the District.

NOTE: PROSPECTIVE PURCHASERS ARE NOT REQUIRED TO SUBMIT A COMPLETED FORM 1295

WITH THEIR SEALED BIDS. THE DISTRICT WILL NOTIFY THE PROSPECTIVE PURCHASER SELECTED

FOR CONTRACT AWARD, IF ANY, REGARDING SUBMISSION OF THE COMPLETED FORM 1295 AT

THE APPROPRIATE TIME, AS FURTHER DETAILED IN THIS REQUEST.