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Invitation to Negotiate (ITN)
Purchase Bids for City Owned Property in the Industrial Park, Heber City, Utah
Release Date: 9/1/2021
https://www.heberut.gov/Bids.aspx?BidID=14
Sealed proposals will be accepted from interested parties until 5:00 p.m. Monday, October
4, 2021 and will be reviewed and evaluated as received.
I. Preface: Heber City Municipal Corporation, (“The City”, “Heber”, or “Heber City”) a
political subdivision of the State of Utah, desires to solicit potential purchasers for a 1.5 acre
City owned property, located in the industrial zone, at 2295 S. 390 W, more particularly
described in Exhibit A.
II. Purpose of ITN: This ITN establishes the parameters for interested parties to submit
proposals for consideration to purchase 1.5 acres described in the Preface. After solicitation and
review of proposals from purchasers, the City may award the purchase contract to that individual
or entity whose proposal best meets the City’s goals for the property. The City will not consider
proposals that are deemed non-responsive or un-reasonable.
III. City Goals: The City will consider all proposals. The City will give more attention,
however, to those proposals that best support the City's goals. The City’s goals are multifaceted
and include maximizing, to the greatest extent possible, each of the following criteria:
1) Sale/purchase price – City seeks proposals that are equal to or greater than current
market values.
2) Capital investment – City prefers potential purchasers who intend to make sizeable
capital investments into the parcel, as a condition of purchasing the property. City’s
goal is to maximize capital investment dollars that are invested into the property.
Products of the capital investment might include, new building, warehouse facility, etc.
3) Creation of sustainable, livable wage jobs—City prefers a potential purchaser who is
likely to generate new, livable wage jobs, by virtue of the capital investment into the
parcel.
4) Future property and sales taxes to City – City is seeking a potential purchaser whose
proposed use of the property, in conjunction with the capital investment, would yield
the greatest return of property taxes, real and personal, and/or sales taxes to the City.
IV. Content of Submittals. Proposals must include those information items, both written
and graphic, in so far as to accurately convey the intent of the project, and the following:
1) Purchaser Details: Provide contact info for purchaser and any proposing developing entity
or individual and identify the project manager/owner. Proposals shall be signed by an
authorized representative(s) with authority to submit such proposal and execute a legally
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binding purchase/sales agreement. Experience section shall be a maximum of 1 page.
2) Proposal Details: Experience section shall be a maximum of 3 pages.
a. Purchase Price: Submit purchase price for purchase of 1.5 acre parcel. Include
details pertaining to how purchase will be transacted, e.g. cash, loan, etc., and date
of expected closing. Include any proposed contingencies.
b. Capital Investment: Provide summary of capital investment that would be made
as a condition of purchase. Details shall include amount of capital dollars, type of
investment, and physical asset that would be generate/created. Timeline for
completing capital investment should be included.
c. Sustainable and Livable Wage Jobs: Detail number of new jobs that would be
created after completion of capital investment. Information regarding the types of
jobs, purpose of jobs, sustainability of jobs, and wages for new jobs, is required.
Additional information should be included that details how the jobs could benefit
Heber residents.
d. Taxes: Provide information on the type of taxes that would be generated from the
proposed capital investment and anticipated uses that would benefit Heber City.
3) Project Funding and Financial Stability: The City wants to ensure that the successful
Purchaser has the necessary financial resources to purchase the property and invest
additional capital dollars into the property in a timely manner. Please furnish a statement
of financial resources demonstrating that the potential purchaser has the ability to purchase
the property and make the proposed capital investment. Additionally, list and explain any
pending bankruptcies, liens, stop notices, judgments, lawsuits and foreclosures, or any such
actions filed or resolved in the past seven (7) years. Financial Stability section shall be a
maximum of two (2) pages.
4) Experience: Itemize experience in similar projects (show examples, provide references).
Experience section shall be a maximum of 1 page.
5) Innovation: Identify ideas, new concepts, and arrangements other than those listed in this
ITN. City will favor innovative proposals. Innovation shall be a maximum of 1 page.
V. Evaluation Process.
Step 1: City reviews proposals submitted in response to ITN and eliminates unresponsive
proposals.
Step 2: City ranks responsive proposals on an overall scale of 1 to 100, awarding 25% of
the scale to each of the four criteria found in section IV (2).
Step 3: City invites top proposers that are deemed to be most responsive and responsible
(based on ranking) to negotiate terms of a possible agreement. Negotiations will focus and
develop details of the project.
Step 4: Term sheets are presented to Heber City Council for consideration. City Council
selects top proposal to negotiate a possible agreement.
Step 5: Agreement negotiated with staff and approved by City Council. Should successful
negotiation result, a binding legal purchase/sales agreement and possible development
agreement will be required. This invitation to negotiate does not provide a complete
understanding of the project, nor does it contain all matters upon which an agreement must
be reached. The City reserves the right to negotiate necessary and reasonable legal terms
and conditions. Should negotiations prove unsuccessful with top purchaser, firm, entity or
individual, City will commence negotiations with runner-up proposal.
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VI. Development Agreement. When one purchaser is chosen, prior to the closing date,
purchaser and City shall agree upon the form of a Development Agreement relating to
purchaser’s development of the property, including but not limited to, and subject to the criteria,
contained in this Invitation to Negotiate. Said Development Agreement shall be executed on or
before the closing date. If the form of the Development Agreement is not agreed upon prior to
the closing date, the purchase shall not consummate, and any initially accepted proposal shall
automatically be vacated and any further relationship between the City and a potential purchaser
shall terminate. The Development Agreement will contain such terms as are necessary for the
orderly development of the property in accordance with this ITN proposal and, in any event,
shall address the matters described herein.
VII. Proposal Deadline. Proposals must be received in the Heber City Recorder’s Office no
later than Monday, October 4, 2021, by 5:00 p.m. Requested information shall be delivered
electronically by email to Heber City Recorder at tcooke@heberut.gov. Please include in subject
line of email the following: Purchase Bids for City Owned Property in the Industrial Park,
and proposing Purchaser’s name. Proposals may also be delivered via other electronic means, such
as thumb drive, etc. The package containing the other electronic means must clearly note the name
of this ITN and name of proposer on the front of the package and be addressed to Heber City
Recorder at 75 N. Main, Heber City, Utah 84032.
VIII. Proprietary Information. If any proposers believe that any portion of its proposal is
subject to a legal exception to public disclosure, that individual or entity shall: (1) clearly mark the
relevant portions of its proposal as “Confidential” and (2) upon request from the City, identify the
legal basis for exception from disclosure under the Public Records Act. The City Attorney’s Office
will determine if the information is confidential, based on state and federal law. Note that under
Utah law, a price proposal to a public agency is not a trade secret. Any proposers shall defend,
indemnify, and hold harmless, the City regarding any claim by any third party for the public
disclosure of the “confidential” portion of the proposal.
City shall consider each proposal subject to the public disclosure requirements of the Utah Records
Act, unless there is a legal exception to public disclosure.
IX. Administrative Guidance. The information provided herein is intended and designed to provide
those interested in responding sufficient basic information regarding minimum requirements. It is not
intended to limit a proposal's content or exclude any relevant or essential data therefrom. Proposers are at
liberty and are encouraged to conduct their own due diligence on the property. The City will not be liable
for any costs proposers may incur in conducting due diligence or in the preparation or presentation of this
proposal. The City reserves the right to reject any and all proposals or to waive any irregularities or
informalities in any proposal or in the ITN procedures. Upon City Council approval, a contract may
be awarded.
Questions: Questions may be forwarded to Heber City Manager Matt Brower:
mbrower@Heberut.gov through Monday, September 27.
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EXHIBIT A
Parcel Address: 2295 S. 390 W. Heber City, Utah 84032
Serial: OPU-0004-0-007-045
Parcel I.D.: 00-0021-1743
Acreage: 1.5 ac