The city of la marque

August 29, 2023

Request for Proposals

RFP #23-04

FOR LEASE OR PURCHASE OF CITY PROPERTY
 FOR REDEVELOPMENT OF CITY PROPERTY

Due to: City Clerk

1111 Bayou Road

La Marque, TX 

CLEARLY MARK BID AS “RFP #23-04”

Late responses will be unopened and not accepted for consideration. The City of La Marque, Texas is not responsible for lateness or failure of timely delivery. Please ensure you allow time to provide your response timely so that you may be properly considered.

The City of La Marque, Texas (“City”) is seeking proposals from qualified respondents to lease or purchase Property along FM 2004 adjacent to the Gulf Greyhound Park Dog Track. The goal of the Request for Proposals (RFP) is to sell or enter into a long-term lease with a business, group, non-profit, developer, or property management group which provides the best overall proposal to develop the Property as a private use facility. In this RFP, the term “proposal” shall be interpreted to mean “bid” as that term is used in Section 272.001 of the Texas Local Government Code, and the term “proposer” shall mean “bidder.”

The City intends to enter into an agreement with the respondent with the best overall proposal permitted by market and business plan that aligns with the City’s Strategic Plan and overall vision for the Interstate Highway 45 Corridor. 

La Marque is a growing community of approximately 14 square miles located in Central Galveston County. La Marque has been coined as the Gateway to the Gulf and is the second fastest growing city in Galveston County, Texas. Several major state highways pass through La Marque including I-45 and SH-3. La Marque was officially incorporated in 1952. 

La Marque’s close proximity to the Port of Galveston; Texas City, Texas; and Houston have made it a popular location for residential and business growth.

1. pROPERTY DESCRIPTION

2. Legal Description of Property:
3. Property ID: 311687
4. ABST 208 PAGE 7 PT OF LOT 19 (19-7) WATERMAN SUB
5. Location – The property is located Southwest of the Gulf Greyhound Dog Track. Access to the Property may be achieved across FM 2004. 
6. Appraised “As Is” Market Value – The Property is appraised for $419,760.00 by the Galveston County Central Appraisal District.
7. Flood Zone – The Property appears to be in a flood zone with a .2% annual chance flood hazard.
8. Hazardous Substances – There are no known adverse environmental conditions on the Property
9. Land Size – Approximately 20.988 Acres.
10. Improvements – The property is currently vacant and used for regional detention for Drainage District Number 2. 
11. Zoning – The property is currently zone Public. Respondents are encouraged to submit responses that address rezoning of the Property. 

Sealed Proposals are due no later than 3 p.m. CDT on October 16, 2023. Proposals received after this time will not be accepted. Respondents shall submit seven (7) printed copies (1 original and 6 duplicate copies) plus one (1) digital copy (CD/DVD/thumb drive/email via PDF to ).

Sealed Proposals shall be marked “RFP 23-04 – Redevelopment of City Property” and addressed to City of La Marque – City Clerk. Proposals may be hand-delivered or mailed to the following:

Hand Deliver to:                                                                                 Ship to:

1111 Bayou Road                                                                               1111 Bayou Road

La Marque, TX 77568                                                                                    La Marque, TX 77568            

Attn: City Clerk                                                                                  Attn: City Clerk                      

Tours of the property will be offered by appointment only. Appointments can be made via email to . A tour of the property is not mandatory.

The deadline to submit questions related to this RFP is no later than September 15, 2023 at 3:00 p.m. CDT. All questions should be submitted electronically to . An addendum with responses to the questions will be posted on the City’s website with the RFP notice.

Schedule – The City will generally follow the schedule outlined below for the selection process. The City reserves the right to modify the schedule as necessary to ensure fairness and adequate time for review. Changes to deadlines will be posted on the City’s website along with the RFP notice.

The Property is adjacent to areas zoned as C-4 and Single Family Residential. Permitted developments in the C-4 zoning district include the items set out in the attached Exhibit 1. The C-4 district is established to provide for more intense non-residential mixed-use development that provides a pedestrian oriented environment. The district is intended to include uses such as retail commercial, professional offices, entertainment, hospitality, and service business both for the City and the region that benefits from location along Interstate Highway 45 (IH-45) and service the community. Any rezoning of the Property will be at the sole discretion of the City of La Marque, Texas. 

Sealed Proposals are due no later than 3 p.m. CDT on October 16, 2023. Proposals received after this time will not be accepted. Respondents shall submit seven 7 printed copies (1 original and 6 duplicate copies) plus one (1) digital copy via thumb drive or PDF to www.bids.cityoflamarque.org

Comprehensive responses are required for every section of the RFP. Proposers shall follow the form as prescribed below.

1. Overview of Proposal – Provide a summary of the proposal for the property including a brief summary of the proposer’s organization/team, single point of contact, contact information, proposed lease terms (if applicable), and intended use;
2. Proposed purchase price and fiscal impact to the City;
3. Proposer Background and Status – Provide information on any team members associated with the proposal including their names, contact information, resumes, and role on the team. Provide information on the tax and organizational status of the proposer (e.g. individual, corporation, non-profit, etc.);
4. Relevant Experience – Provide examples of other redevelopment, relevant business enterprises, or managed property;
5. Financial Capacity – Provide evidence of financial capacity to complete the project. This may include financial statements which may be marked “confidential and proprietary.” Include financing strategies and sources proposed to complete the project;
6. Business Plan – The business plan should address all items. If an item does not apply, the proposal shall explain why it does not apply;

1. Intended use or uses.
2. Financing plan for improvements.
3. Proposed schedule and timeframe for completing all phases including permitting, renovations, and occupancy.
4. Proposed facility modifications or renovations to the interior or exterior of the property.
5. Estimate of project costs.
6. Concept drawings, floor plans, and schematic designs.
7. Proposed sublet rates, if applicable.
8. Describe how the project will benefit the La Marque community and further the goals for the area along Interstate Highway 45 in La Marque.
9. Estimated annual sales tax over the life of the project.
10. Maintenance plan for the upkeep of the property.

G. Lease Proposal and Terms – Provide a proposed monthly lease payment to the City and the duration. Include any proposed mechanisms for lease rate changes;

H. Acknowledgement and Required Forms.

I.  A survey of the portion of the property the Proposer wishes to purchase. 

The City has attempted to provide a comprehensive statement of requirements through this RFP for the proposal. Written proposals must present Proposer's understanding of the property being purchased and the plans for future use of the property. Proposers are asked to be specific in presenting their qualifications and their business plan that indicates the intended use of the site, including a timeline. Proposals must be as thorough and detailed as possible so that the City may properly evaluate capabilities to develop the property.

While purchase price is a consideration, it is the goal of the City of La Marque to sell the Property to the individual, group or corporation which provides the best overall proposal for development of this location that meets the goals of the Comprehensive Plan, Strategic Plan, and provide the best value to the citizens of La Marque, Texas, and to do so within 24 months of purchase. The City intends to enter into an agreement with the respondent whose proposal is deemed most advantageous to the city. The City may conduct discussions with any or all proposers. These discussions may include but are not limited to: requests for additional information, interviews, modifications or revisions to the original Request for Proposal as allowed by law.

The City will consider bids based on the purchase price offered by the bidder, the intended use of the building, the long-term value the project will provide to the City, and other criteria listed below.

All complete proposals received prior to the deadline will be evaluated by the City. No proposals will be accepted after the deadline. The City will not open any proposals prior to the deadline. Proposals will be evaluated based on which proposal provides the best overall value to the City, along with readiness and proof that the site can be operational within 24 months. While the purchase/rental/lease rate is a consideration, the City will also consider the intended use, business plan vitality, tax impact, and alignment with the City’s overall goals as part of the evaluation. The City will consider proposals for the purchase of less than all of the Property. Any proposal to purchase less than half of the Property should also include details on how it will preserve access to the portion of property that is not purchased and a survey detailing this.

The City may request any or all Proposers give a presentation and/or interview with the City including the City Council. These discussions may include requests for additional information and/or requests to modify or revise the original RFP as allowed by law.

Following the evaluation process, Proposals will be ranked in order of preference and contract negotiations will begin with the top ranked proposer. Should negotiations with the highest rank proposer fail to yield an acceptable agreement or the proposer is unable to execute an agreement, negotiations with that proposer will be formally ended and then commence with the next highest ranked proposer. While negotiations are underway, the Proposer will be allowed to conduct a noninvasive inspection of the Property.

The City makes no guarantees or representations that any award will be made and reserves the right to cancel this solicitation for any reason, including:

• Reject any and all proposals received as a result of this RFP.
• Waive or decline to waive any informality and any irregularities in any proposal or responses received.
• Negotiate changes, including a delayed closing date.
• Negotiate lease back option.
• Select Proposer(s) it deems to be the best overall proposer to fulfill the needs of the City. Proposer(s) with the highest purchase price(s) will not necessarily be selected, since a number of criteria other than price are also important in the determination of the most acceptable proposal(s).
• Terminate the RFP process.

1. CONDITIONS OF SALE

All bidders must provide documentation to demonstrate readiness and proof that site can be improved in accordance with the proposal submitted to the City and can be operational within 24 months from the date of conveyance of the Property to the successful proposer. The obligations of the successful proposer complete the improvements on the Property in accordance with the proposal submitted to the City, and to cause the completed facility to be operational within 24 months of conveyance of the Property shall be secured by the Deed of Trust to Secure Performance, restrictive covenants, and other instruments deemed appropriate by the City.

The City and the successful proposer will enter a Purchase and Sale Agreement (using the City’s form) for the purchase of the Properties within thirty (30) days of award notification from the City. If said Purchase and Sale Agreement is not entered into by the successful proposer within said thirty (30) day period, the award of the proposal will expire and be of no effect. City and proposer shall pay transaction costs related to the sale/purchase of the property at closing as is customary in Galveston County, Texas.

Failure of the successful proposer to timely enter into said Purchase and Sale Agreement will result in the sale of the Property being awarded to the next proposer that submits the proposal deemed by the City Council to provide the next best overall value to the City. In the event there is no “next proposer,” then the award will be deemed to have expired automatically and be of no effect, and City may sell the Property at a later date.

The Property is offered for sale “AS IS, WITH ALL FAULTS.” City makes no representations or warranties whatsoever, express or implied, except as may be otherwise expressly set forth in the sale documents, nor is any official, employee or agent of City authorized to make any representation or warranty of any kind with respect to the Property, including without limitation, zoning, tax consequences, physical or environmental conditions, availability of access, ingress or egress, operating history, projections, valuation, marketability, suitability for a particular purpose, governmental approvals, governmental regulations or any other matter or thing relating to or affecting the Property. In no event is City responsible or liable for latent or patent defects or faults, if any, in the Property, or for remedying or repairing same, including, but not limited to, defects relating to asbestos or asbestos containing materials, underground storage tanks or hazardous or toxic materials, chemicals or waste, or for constructing or repairing any streets, water wells, septic tank systems, utilities or any improvements located on the Property or shown on any plat of the Property. Proposers are put on notice that any prior grant and/or encumbrance affecting the Property may be of record in the Official Records of Galveston County, Texas, and proposers are encouraged to examine all public records affecting the Property. The provisions of this paragraph survive closing of any sale/purchase of the Property. The City makes no warranties or representations regarding any governmental approvals or permission needed to develop the Property.

The City anticipates that the general scope of the successful Developer team’s responsibilities would include, but not be limited to:

• Entitlements: The Developer shall be responsible for all aspects of the project, including pre-development planning, environmental review, and design. The selected Developer shall be responsible, at its sole expense, for obtaining all land use entitlements and other governmental approvals necessary for the proposed project.
• Predevelopment Cost: The selected Developer shall bear all predevelopment costs relating to this project. All fees or expenses of engineers, architects, financial consultants, attorneys, planning or other consultants or contractors retained by Developer for any study, analysis, evaluation, report, schedule, estimate, environmental review, surveys, planning and/or design activities, drawings, specifications or other activity or matter relating to the Project shall be the sole responsibility of and undertaken at the sole cost and expense of Developer and no such activity or matter shall be deemed to be undertaken for the benefit of, at the expense of, or in reliance upon the City.
• Financing: The Developer shall be responsible for providing funding for the Project, whether it be in the form of debt financing, equity, tax credits or a combination of these methods. If debt financing is used, no financial risk or credit risk shall be imposed upon or borne by the City.
• Construction: The Developer shall be responsible for demolition (if any), design, construction and commissioning of the Project including obtaining all permits, fees, and approvals necessary for construction of the Project.

1. TERMS AND CONDITIONS

2. The City reserves the right to reject any and all proposals and to cancel, withdraw, or suspend this RFP at any time.
3. The City makes no express or implied representation or warranties as to the accuracy and/or completeness of any of the information provided as part of the RFP, including information that is available upon request.
4. The City reserves the right to seek additional information from the respondents at any time.
5. Any proposed modifications to the premises are subject to the approval of the City.
6. There is no express or implied obligation of the City to reimburse responding Proposers for any expenses incurred in preparing Proposals in response to this Request for Proposals. The City will not reimburse firms for any expenses or associated costs for the preparation of a Proposal or related presentation.
7. By submitting a proposal in response to this RFP, the Proposer represents that it has carefully read and understands all elements of this RFP; has familiarized itself with all federal, state, and local laws, ordinances, and rules and regulations that may affect the cost, progress, or performance of the work; and has full knowledge of the scope, nature, quality and quantity of services to be performed.
8. All materials submitted as part of this RFP shall become the property of the City.
9. To the extent allowed by law, all proposals will be kept confidential during the bidding process. Except for trade secrets and confidential information that is marked by the proposer as proprietary, all proposals will be open for public inspection after an agreement is awarded.
10. No officer, employee, independent consultant or elected official of the City who is involved in the development, evaluation or decision-making process of this solicitation shall have a financial interest, direct or indirect, in the resulting agreement. Any willful violation of this paragraph shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision with the knowledge, expressed or implied, by the vendor shall render the agreement voidable by the City.
11. Compliance with Section 2252.908 Texas Government Code/Disclosure of Interested Parties is required. The City cannot enter into an agreement until a copy of Form 1295 is submitted through the Texas Ethics Commissions electronic filing application.
12. Any agreement awarded as a result of this RFP shall be governed by and construed in accordance with the laws of the State of Texas, and is fully performable in La Marque, Texas, and venue for any action related to this contract will be Galveston County, Texas.
13. The proposer shall, defend, indemnify, and hold the City harmless from any claim.

14. CERTIFICATION AND ACKNOWLEDGEMENT

The undersigned, as an authorized agent of the proposer, hereby certifies:

( ) The Proposer has, after August 29, 2023 but prior to submitting this proposal, either: 1) accessed the RFP website posting at www.bids.cityoflamrque.org and reviewed and fully evaluated ______ addenda related to this RFP; or 2) obtained from the City and reviewed and fully evaluated copies of ______ addenda related to this RFP.

( ) The Proposer is familiar with all instructions, terms and conditions, and specifications stated in this RFP, including the following:

( ) The proposer understands there are tours of the Property available by appointment between August 29, 2023 – September 15, 2023. Attendance is not mandatory; however, it is highly encouraged to schedule a tour. Appointments will be made available by contacting the City Clerk’s office at .

( ) The proposal has been arrived at independently and submitted without collusion with any other Proposer, City staff or City contractor, and the contents of the proposal have not been communicated by the Proposer or, to the Proposer’s best knowledge and belief, by any one of its employees or agents to any person not an employee or agent of the Proposer, and will not be communicated to any person prior to the City’s final action on this RFP by City Council. Nothing in this paragraph shall be construed to prevent or preclude two or more companies or persons from joining together to submit a proposal for the work.

( ) The City makes no representations as to its physical condition or as to its potential use. It is being sold “As Is” as it pertains to its physical condition, and it will be sold by a special warranty deed in a form as approved by the City’s legal representative. If other agreements are proposed, they will also be reviewed and will be subject to modification and approval by the City’s legal representative prior to acceptance by the City Council.

( ) The offers, terms and conditions of the proposal will remain valid and effective and may be relied upon by the City for a period of ninety (90) days following the Proposal Closing Date and Time as identified in this RFP or addenda.

Signed By: ______________________ Title: ____________________________

Typed Name: ___________________ Company Name: _____________________

Phone No.: _____________________ Fax No.: __________________________

Email: ______________________________________

Bid Address: ______________________________________________________

Order Address: _____________________________________________________

Remit Address: _____________________________________________________

Federal Tax ID No.: _____________________________

DUNS No.:____________________________________ Date: _______________