STATE OF ALABAMA DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES STATE LANDS DIVISION INVITATION FOR BIDS FOR THE LEASE OF STATE LAND LOCATED IN LIMESTONE COUNTY, ALABAMA Notice is hereby given pursuant to Code of Alabama, 1975, Section 9-15-70 et seq., that sealed bids for the lease of state property in Limestone County, Alabama will be received by the State Lands Director until April 27, 2017 at 2:30 p.m. at which time all bids will be publicly opened and read in the office of the State Lands Division, Department of Conservation and Natural Resources, Room 464, Folsom Administrative Building, Montgomery, Alabama 36130 - 1901. Also pursuant to the above referenced Code Section, Officers and employees of the Department of Conservation and Natural Resources and the Department of Corrections, as well as members of their families, shall be excluded from bidding on any tract(s) described herein. A tract of land located in Township 3 South, Range 3 West, Section 1, Limestone County, Alabama, containing 362.87 acres more or less, being more commonly known as Limestone Correctional Facility Farm; more particularly described as follows: A tract of land comprised of Field Nos. 11, 12, 14, 15, 18, 21, 22, 23, 28 and 30 as shown in green on a USDA Farm Service Agency map, less and except 5.16 acres flagged around the post line located in Field 11 and 44.9 acres up to the flagged fence line in Field 18, as depicted on the State of Alabama Department of Corrections Limestone Correctional Facility Property Lease Map, Project Number 44-L-25, dated 11-28-16. Any conveyance will be made subject to: 1) Reservation of all oil, gas and minerals rights; 2) All other reservations and restrictions of record; 3) The term for the lease will be for five (5) years with an option to renew for an additional three (3) year period under the same terms and conditions as stated in the lease pending written approval from the Alabama Department of Corrections to be granted in its sole discretion. Lessee shall notify Lessor in writing of its interest in renewing lease agreement at least 120 days prior to the lease period ending date; 4) Lessee must make the first year's rental payment upon receipt of the fully executed lease with each sequential payment being due on or before the anniversary date of the execution of the lease; Each year's rental will increase by 3% over the previous year's rental; 5) Lessee shall not permit, allow or cause any act, deed or depredation to be performed or committed on said premises or any practice to be adopted or followed in or about said premises which shall cause or be likely to cause injury to any person or damage to the premises or any property located thereon. The Lessee shall take good care of the premises and and will return said premises to Lessor at the expiration or termination of the Lease in at least as good condition as at the commencement of the Lease; 6) Lessee shall not damage, sever nor remove any trees from the premises without prior notification and consent of Lessor. Trees, seedlings, or saplings alive or dead, shall not be disturbed in any manner, or removed from the premises without prior consent of Lessor. The foregoing prohibition on use and removal includes but is not limited to either removal or on-site use of firewood, straw, pine cones. Lessee further agrees not to clear any land or to cut down or use any timber or to allow any other person to clear said land or to cut down or use any timber from said lands without the written consent of Lessor or its authorized agent; 7) Lessee will exert reasonable efforts to prevent fire on the premises and will exercise due diligence in extinguishing any fire which might occur on said property. Should any spontaneous or uncontrolled fire occur on the premises, Lessee shall report same to Lessor within 24 hours of discovery. This provision shall not apply to the prescriptive silvicultural burning practices performed or authorized by Lessor; 8) Lessee agrees to maintain all the roads and trails on the premises in good and passable condition in accordance with Alabama's Best Management Practices for Forestry published by the Alabama Forestry Commission and the requirements of the Alabama Department of Conservation. Lessee will refrain from using said roads and trails for vehicular traffic during periods of wet weather, and will drain and fill all "wet" places in the roads and trails, maintain waterbars, and otherwise prevent erosion. No new roadways, trails or other travel ways shall be cleared, constructed, or improved on the premises except on the express written approval of the Lessor. All roads constructed by Lessee (except any lost through reclamation) shall become the property of the State. All roads constructed or used shall be left in good condition with proper provisions made for drainage and runoff; 9) The Lessee shall not assign the lease or sublet any part of the premises without the written consent of Lessor; 10) Lessee will be required to affirm that it will not violate federal immigration law or knowingly employ, hire for employment, or continue to employ an unauthorized alien within the state of Alabama for the duration of the lease. Furthermore, a lessee found to be in violation of this provision shall be deemed in breach of the agreement and shall be responsible for all damages resulting therefrom; 11) Lessee will be required to maintain property access restrictions established by Lessor through the locking of all gates that access the premises. The Lessee, at its own expense, may acquire and install locks on gates accessing the premises; however, personal locks must not interfere with Lessor's access to the premises, Lessee's failure to comply with this provision of the lease shall constitute cause for immediate termination of the lease; and 12) Lessee shall not locate or construct shelters, buildings or other such improvements upon the premises without the prior written approval of the Lessor. Lessor shall not be responsible or liable for any damage to any improvements. The successful bidder shall reimburse the Department of Corrections for the cost of the appraisal in the amount of $2,500 and for the advertisement fees incurred for this notice. The MINIMUM BID for this parcel is $48,990.00 rent per year. EACH bid submitted must be accompanied by a certified or cashier's check in the amount of $9,700.00 as a bid deposit made payable to the State Lands Division which will be forfeited if the bid is accepted and the Bidder does not complete the transaction. Any bid submitted without such check will not be considered. Unsuccessful bidders' deposits will be returned following the bid opening. The successful bidder's deposits will be applied to the first year's rental amount of the successful bid. EACH bid submitted must be clearly marked on the outside of a separate envelope SEALED BID FOR LIMESTONE CORRECTIONAL FACILITY FARM LEASE IN LIMESTONE COUNTY, ALABAMA, NOT TO BE OPENED UNTIL APRIL 27, 2017 AT 2:30 P.M. and delivered to: State Lands Division, Room 464, Folsom Administrative Building, 64 North Union Street, Montgomery, Alabama 36130. ATTENTION: PLEASE NOTE THAT ALL BIDS MUST BE SUBMITTED SPECIFICALLY TO THE STATE LANDS DIVISION OFFICE AT 64 NORTH UNION STREET, ROOM 464, FOLSOM ADMINISTRATIVE BUILDING, MONTGOMERY, ALABAMA 36130 (36104 IF DELIVERED BY PRIVATE COURIER). NO BID SHALL BE RECEIVED FOR ANY REASON ANY TIME AFTER THE ADVERTISED DEADLINE. IT SHALL BE THE SOLE RESPONSIBILITY OF THE BIDDER TO ENSURE ACTUAL RECEIPT OF THE BID BY THE STATE LANDS DIVISION PRIOR TO THE ADVERTISED DEADLINE. The successful bidder must complete the transaction within 30 days of award or forfeit the bid deposit. Specification of a minimum bid amount to be considered does not suggest acceptance of any bid which may equal or exceed that amount. The State does not warrant nor guarantee title to the lands herein advertised or otherwise warrant or guarantee the condition of the land or improvements related to the land herein advertised. This lease is conducted pursuant to the provisions of the Alabama Land Sales and Leasing Act (Act 95-280) and/or other laws of the State of Alabama governing this transaction whether or not included in this notice. The State reserves the right to reject any or all bids and further reserves the right to negotiate a higher lease with the highest bidder. No lease may be made at a price less than the highest bid received or published minimum, whichever is highest. The Department of Conservation and Natural Resources does not discriminate on the basis of race, color, religion, age, gender, pregnancy, national origin, genetic information, veteran status, or disability in its hiring or employment practices nor in admission to, access to, or operations of its programs, services, or activities. Unless specifically provided otherwise in subsequent corrective advertisement, the terms and conditions as stated in this notice shall be controlling over this transaction. The property may be inspected before April 20, 2017. To schedule an inspection, contact the State Lands Division at 334-242-3484. Potential bidders desiring to obtain a copy of the Department of Corrections lease referred to herein may visit: http://outdooralabama.com/ land-sales-leasing-act/ limestonecounty correctionalfacilityaglease Patricia J. Powell State Lands Director The News Courier March 29, April 5, April 12, April 19, 2017
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