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NOTICE OF PUBLIC AUCTION FOR LEASE OF STATE TRUST LAND In Bernalillo County, New Mexico ES-0022 The Commissioner of Public Lands will conduct a public auction of a lease of the surface of the Lands described in paragraph A below (the "Land") at 11:00 a.m. on December 21, 2010 on the front steps of the Bernalillo County Courthouse in Albuquerque, NM. All prospective bidders must thoroughly read the Bid Information Packet which can be obtained from Brian Bingham at: State Land Office, 310 Old Santa Fe Trail, Santa Fe, NM. 87504; or (505) 827-1252; or, bbingham@slo.state.nm.us. The Commissioner may either select the highest and best qualified bidder who places at least the minimum bid or reject all bids. If a bidder is selected the Lease will be entered into between the Commissioner and the selected bidder. A.Description of the Land to be Leased: Surface estate of the following: Township 10N Range 4E Section 33 Subdivision NW4SW4 Acreage 35.793 Township 10N Range 4E Section 33 Subdivision SW4NE4 Acreage 40.00 acres Total acreage 75.793 acres Prospective bidders should to apply to Anna Villa for a permit to inspect the Land by calling (505) 827-5789. B.Summary of the Terms of the Lease: The Land shall be leased pursuant to the terms of business lease ES-0022 (the "Lease") which is included in the Bid Information Packet. The Lease is for the use of the Land for the development, erection, installation, and maintenance of solar energy conversion systems and related solar power generating facilities. The term of the Lease is for 50 years unless sooner terminated by the lessee upon prior written notice. The Lease rent consists of: (i) base rent of $2.00 per acre per year escalating to $8.26 per acre per year, and, (ii) a royalty based upon a percentage of gross revenues after the Project is in operation, commencing at 0.75% and escalating. Other charges or fees are applicable as stated in the Lease. The Land is being leased AS IS with no warranties as to condition or usefulness. The Lease is offered only for all of the Land; bids for a lease of less than the entire Land will not be considered. Bidders are responsible for verifying encumbrances and their effect on the Land. The Lease will reserve to the State all minerals of whatsoever kind, geothermal resources, pore spaces, and certain water rights, together with rights of access and surface use necessary for or incident to exploration for and extraction and removal of such minerals, geothermal resources, pore spaces, and water rights located in, under, or upon the Land and will be subject to all existing rights-of-way, easements, leases, and other valid existing rights. Prospective bidders are encouraged to inspect the records for the Land at the New Mexico State Land Office, the Bernalillo County Clerk's Office, and all relevant state and federal records. C.To Qualify to Bid. Only bids from qualified bidders will be accepted. In order to bid at the auction, a bidder must first submit the Bidder Qualification Form found in the Bid Information Packet. The Form requires proof of certain qualifications, an application to lease the state trust land, and a Transaction Deposit of $19,101.59. The Bidder Qualification Form, application, and deposit must be received at the State Land Office, 310 Old Santa Fe Trail, Room 102, Santa Fe, NM. 87501, Attn: Brian Bingham, no later than 4:00 p.m. on December 16, 2010. Transaction Deposits of unsuccessful bidders will be returned. The successful bidder, if any, shall pay the total costs of advertising, appraising, surveying and leasing, and will he billed for any costs in excess of the amounts set out in this Paragraph C. The Transaction Deposit represents: 1. Non-refundable Application fee$50.00 2. First lease year's base rent $1,151.59 3. Advertising Cost $5,000.00 4. Survey Cost/Direct Expenditures $12,900.00 Total Deposit $19,101.59 D.Auction bidding. Bidding at the auction will begin at a minimum of $1,000.00, with bids increasing in increments of $1,000.00. Payment must be tendered at the conclusion of the auction, in cash or certified funds. E.To obtain a Bid Information Packet and other information please contact: Brian Bingham at: 310 Old Santa Fe Trail, Santa Fe, New Mexico 87501; or bbingham@slo.state.nm.us; or, (505) 827-1252. F.Disabled individuals who require aids to participate in the auction may call or e-mail the individual listed above at the phone number or e-mail address given above, or can contact the appropriate State Land Office Division by contacting Relay New Mexico at (505)292-0454 or the AT&T Operator Service for TTY at (800) 855-1155. The right to reject any and all bids is expressly reserved and no agreement shall be effective unless and until the Lease is entered between the successful bidder and the Commissioner. Dated at Santa Fe, New Mexico, this 14th day of October, 2010. Patrick H. Lyons Commissioner of Public Lands P.O. Box 1148 Santa Fe, New Mexico 87504 Journal North: October 18, 24, 31, November 1, 8, 15, 22, 29, December 6, 13, 2010 Left-red    Print Legal   Email-red   Published on: Mon December 06, 2010