Public Auction (Land) - Northwest Corner of Adobe & Recker Roads at Northwest...
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Online Public Auction Northwest Corner of Adobe & Recker Roads
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Please review the City of Mesa Advertisement Below
In order to Participate in the Online Public Auction for this Property you will have to get registered by clicking on Start Response button to the right. After Registering you can upload Bidder Affidavit, Submit questions, and Schedule and complete a Qualified Bidder Online Auction Training.
Auction Narrative
The City of Mesa is conducting a Public Online Auction to identify the highest bidder for a City-owned parcel located at the Northwest corner of Adobe and Recker Roads, Mesa, Arizona. The City of Mesa Real Estate Department is responsible for disposing of this excess parcel owned by the City, which was acquired as part of a project, but is no longer needed.
The General Plan Character area designation is Neighborhood with a subtype of suburban. A rezoning will be required to allow a multi-family development on the property.
According to Chapter 7 of the Mesa 2040 General Plan, the primary focus of the neighborhoods character type is to provide safe places for people to live where they can feel secure and enjoy their surrounding community. The character type can contain a wide range of housing options and often have associated nonresidential uses such as schools, parks, places of worship, and local serving businesses. As part of the development of a complete neighborhood, the suburban subtype may include duplexes and multi-family along arterial frontages and at major street intersections.
A likely request to rezone the property to allow a multi-family development on the property will conform to the goals of the neighborhood character area designation. Per chapter 7 of the General Plan (pg. 7-10), residential multiple (RM) dwelling is listed as one of the primary zoning districts in the suburban character type.
Overall, a multifamily re-zoning that is well designed and carefully integrated into the surrounding area will conform to the City’s General Plan.
Current Zoning – RS Single Residence. The current zoning on this site is RS-7. Per the City of Mesa Zoning Ordinance to provide areas for detached single residence housing at densities of up to 7 units per net acre. Designators (-90, -43, -35, -15, -9, -7 and -6) are used to denote the minimum lot size in thousands of square feet. This district also provides for residential care facilities, day care group homes, park and recreation facilities, and civic and institutional uses such as churches and places for religious assemblies that are appropriate in a residential environment. Non-residential uses of a strictly limited scale under the specific conditions listed may also be allowed.
SUBMISSION OF QUESTIONS AND INQUIRIES
All questions and inquiries shall be submitted in writing to the City Contacts listed below no later than October 12, 2020. Failure to submit by this deadline may result in the question or inquiry not receiving a response. Mesa staff will respond in writing and post all questions, inquiries and responses as a Public Auction Notice Addendum by October 15, 2020.
NO RIGHT TO RELY ON VERBAL RESPONSES. A Bidder shall not rely on City staff, employees, elected officials, board members, or consultants’ verbal responses to questions or inquiries.
DUTY TO EXAMINE. It is the responsibility of each Bidder to examine all information made available, make inquiries, ask questions, and seek clarification, as necessary. Lack of care in preparing a bid shall not be grounds for modifying or withdrawing the bid after the auction, nor shall it give rise to any claim in law or equity against the City, its officials, employees or representatives.
Site Inspections. Prospective Bidders may inspect the Property, including performing soil testing, after entering into a Bidders Access License Agreement(Click to view and download) with the City.
LOBBYING PROHIBITION. Any communication between any Bidder or their affiliates and the City (including, but not limited to, City Council, City employees, and City representatives or consultants) that is made for the purpose of influencing the process or the outcome of the auction, is strictly prohibited. This prohibition is imposed from October 12, 2020 to October 20, 2020 or until the City cancels the auction, rejects all bids, or otherwise acts in a manner which ends the auction process. This section shall not prohibit public comment at any City Council meeting, study session, or City Council committee meeting. The lobbying prohibition shall not apply to Bidder-initiated communication with the City contacts identified herein, or City-initiated communications for the purposes of conducting the auction. Persons violating this prohibition may be subject to a warning letter or rejection of their bid depending on the nature of the violation. This section shall not be interpreted to prohibit: (a) public comment at any City Council meeting, study session, or City Council committee meeting; or (b) the exercise of any protected speech right.
Persons with Disability. Persons with disability may request a reasonable accommodation by contacting the City of Mesa Real Estate Office, at 480-644-2521. Requests should be made as early as possible to allow time to arrange the accommodation.
BIDDING INFORMATION
AUCTION REGISTRATIONAND TRAINING. Bidders must first register with the City for the auction and fill out the Bidder Affidavit and then complete Qualified Bidder Online Auction Training through Feasibly during the required period (see below). During registration, each Bidder shall deliver and submit to the City of Mesa’s Real Estate Services representative located at 20 E. Main Street, Suite 500, Mesa AZ 85201, a cashier’s check or money order made payable to the City of Mesa in the amount of $25,000.00 by 9:00 a.m. the day of the auction. All Bidders, except for the highest Bidder, will have the cashier’s check or money order returned at the conclusion of the auction.
DUE DILIGENCE. It is the Bidder’s responsibility to perform all due diligence and investigation of the Property, including researching the records of the parcel, all relevant files made available by the City of Mesa and any other public agencies regarding this Property. All requests for the City’s Property file should be made in writing at Kim.Fallbeck@mesaaz.gov and an electronic copy will be provided.
SALE OF PROPERTY “AS IS”, “WITH ALL FAULTS”. Notice is hereby given that the Property is being sold and shall be purchased by the highest Bidder in an “AS-IS” condition “WITH ALL FAULTS,” with only the representations and warranties set forth in the Purchase and Sale Agreement and Escrow Instructions.
BIDDER AFFIDAVIT; INITIAL OFFERS.
All Bidders must sign an affidavit (“Bidder Affidavit”) making certain guarantees related to the auction including: (i) the Bidder has undertaken due diligence in preparation for the auction or waives their right to, (ii) the Bidder’s representative is authorized to bid and bind the Bidder, and (iii) the Bidder is purchasing the Property in an “AS IS” condition “WITH ALL FAULTS”. All Bidders shall acknowledge and agree in the Bidder Affidavit that they are purchasing the Property solely upon the basis of their own due diligence and investigation of the Property, and not on the basis or any representation, express or implied, written or oral, made by the City of Mesa or its officials, employees, or representatives. Each Bidder shall also acknowledge that he or she did not engage in collusion or other anti-competitive practices in connection with the preparation or submission of its bid(s). Once complete, the Bidder Affidavit can be uploaded to the auction site athttps://mesa.eauctionservices.com/advertisements/1056or delivered in person to the City of Mesa, Real Estate Services located at 20 E. Main Street, Suite 500, Mesa AZ 85225 by 9:00 a.m., the day of the auction.
MINIMUM BID AMOUNT.
The minimum bid amount is $435,000.00. Appraisal report for the Property is posted below, under Additional Property Information.
BIDDING INCREMENTS.
After the first bid, bidding increments shall be no less than $2,500.00 thereafter. Bidding will be conducted online.
REQUIREMENTS POST AUCTION.
Upon declaration of the highest bid, the highest Bidder shall sign an affidavit stating the amount of the winning bid and Bidder must, by 3:00 p.m. the day after the auction: (a) execute the Purchase and Sale Agreement and Escrow Instructions as presented (no negotiations of the agreement will be accepted); and (b) deposit a total of ten percent (10%) of the winning bid amount, less the $25,000.00 deposit, with the Escrow Agent by cashier’s check payable to the Escrow Agent or by wire transfer of immediately available funds to the account of the Escrow Agent. This amount shall serve as the Earnest Money required by the Purchase and Sale Agreement and Escrow Instructions. Following such execution and deposit, the City will forward the $25,000.00 deposit, made by the highest Bidder during auction registration, to the Escrow Agent.
The Escrow Agent for the sale of the Property is:
SECURITY TITLE AGENCY 1528 E. Williams Field Road, Suite 102 Gilbert, AZ 85295 Attention: Kerry Hemphill Telephone: 480-448-7122 Email: Kerry.Hemphill@SecurityTitle.com
RESERVATIONS OF THE CITY
Requirements for Entering into the Purchase Agreement. The highest Bidder will be required to enter into the Purchase and Sale Agreement and Escrow Instructions (“Purchase Agreement”) with the City. If the highest Bidder fails to enter into the Purchase Agreement and deposit the Earnest Money with the Escrow Agent for any reason, the City reserves the right to offer and award the Purchase Agreement to the next highest Bidder so long as the next highest Bidder: (1) is qualified and willing to accept the Purchase Agreement, and (2) deposits the Earnest Money with the Escrow Agent.
Waiver and Rejection Rights. The City may cancel this online auction, in whole or in part, for any reason or no reason whatsoever, at any time prior to the acceptance of a final bid. The Mesa City Council must approve the sale and may accept the bid from the highest Bidder and reserves the right to reject all bids. The City, its officials, employees and representatives are not liable for the expenditure of any funds by any prospective Bidder or Bidder (including the highest Bidder) for the expenditure of any funds in anticipation of participating in the auction or the sale of the Property.
SUMMARY OF TERMS OF SALE
The specific terms of sale of the property are set forth in the un-executed Purchase Agreement that is included in the bid package. It is the responsibility of prospective Bidders to review all terms outlined in the Purchase Agreement as the terms of the agreement will not be negotiated with the winning Bidder (buyer). If there is any conflict between the terms of the Purchase Agreement and the information in this auction notice, the terms of the Purchase Agreement will control, therefore it is important that each Bidder carefully read the agreement. The following are a summary of some of the terms of the sale of the Property.
A. Property Sold “AS-IS.” The Property is being sold “AS-IS” and therefore is subject to existing encumbrances, reservations, easements, leases, and rights-of-way.
B. Date of City Council Consideration for the Purchase Agreement. The Mesa City Council is required to approve the sale of the Property, which is done at the City Council’s sole discretion. The City Council is scheduled to consider approval of the City entering into the Purchase and Sale Agreement and Escrow Instructions with the highest Bidder at a date following the auction; however, the City Council retains the authority to reject bid.
C. Opening of Escrow. The opening of escrow shall occur within five (5) business days after the execution of the Purchase Agreement by both buyer and seller.
D. Entitlements. The Property is zoned RS-7. RS Single Residence. To provide areas for detached single residence housing at densities of up to 7 units per net acre. Designators (-90, -43, -35, -15, -9, -7, and -6) are used to denote the minimum lot size in thousands of square feet. This district also provides for residential care facilities, day care group homes park and recreation facilities, and civic and institutional uses such as churches and places for religious assemblies that are appropriate in a residential environment. Non-residential uses of a strictly limited scale under the specific conditions listed may also be allowed.
Before the closing of the transaction, the highest bidder will be required to follow usual and customary City processes to obtain rezoning and site plan approval from Planning and Zoning, a Minor General Plan Amendment (if necessary), and re-zone and plat the Property, so that it can be developed for residential use.
E. Feasibility Period. Rezoning and site plan approval takes approximately six (6) months; therefore, the feasibility period is six (6) months from the opening of escrow. The Earnest Money will be refundable to buyer during the feasibility period and will be non-refundable and payable to the seller after the feasibility period.
F. Closing Deadline. The highest bidder must close on the purchase of the Property within eight (8) months of the opening of escrow; extensions of the closing deadline may be available with approval of the City Manager.
ADDITIONAL PROPERTY & SALE TRANSACTION INFORMATION
The City will post here any addendum information or changes as they become available. Bidders are encouraged to visit this website regularly for any additional information.
LAND AUCTION QUESTIONS AND ANSWERS
The City will post here any inquiries received by October 12, 2020 and responses by October 15, 2020. Bidders are encouraged to visit this website for information.
DISCLAIMER
Maps posted on this website are for general overview purposes only. Unless otherwise stated, all depictions are approximate. The information provided by the City in this auction notice is not a substitute for a Bidder performing its own due diligence on the Property. It is the responsibility of prospective Bidders to review all information provided on this website and seek technical or legal advice as needed to assure the understanding of all legal descriptions, surveys, and other documents relevant to the Property.
