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Aubrey Dunn, Commissioner of Public Lands State of New Mexico NOTICE OF PUBLIC AUCTION Planning & Development Lease Number BL-2611 Doa Ana County, New Mexico The New Mexico Commissioner of Public Lands (the "Commissioner") will accept sealed bids seeking the highest and best bid for a planning and development lease of 641.052 acres of state trust land to occupy and develop the land for future sale, lease, or exchange. The land is located in Doa Ana County, New Mexico in the Las Cruces East Mesa area north of the Red Hawk Golf Course and the Metro Verde subdivision. Additional information is available in the bid packet, available at http://www.nmstatelands.org or upon request. The entire bid packet is incorporated with this notice by reference and should be reviewed before submitting a bid. Description of the Land: The land is offered as a single parcel only, and is described as follows (the "lease land"): A tract of land situate north of the city of Las Cruces, Doa Ana County, New Mexico being all of Section 33, Township 21 South., Range 2 East., N.M.P.M., containing 640 acres, more or less. I.Summary of Basic Provisions of the Lease: The lease land is proposed to be leased pursuant to State Land Office Rule 22 (19.2.22. NMAC) and is to occupy and develop the land solely to accomplish the planning and development project. The term of the Lease is for twenty (20) years. Per the Lease, Lessee shall pay to Lessor as rent for the lease land and for the rights and privileges granted in the Lease: $15,000.00 for the first year, and increasing by three percent (3%) each year thereafter for the duration of the Lease. The lessee may qualify for a planning and development credit (IVC) for increased value to trust land as a result of the lessee's placement of infrastructure and/or procurement of government approvals. The credit will be payable by a subsequent purchaser, lessee or exchange party or, alternatively, as a credit in favor of the lessee for the lessee to acquire or lease some or all of the lease land. See 19.2.22.17 NMAC The rights granted in the Lease are subject to all valid existing rights in the leased premises. The Lease contains additional provisions regarding Assignment (Section IV), Subsequent Lease, Sale, or Exchange of Land (Section VI), Relinquishment (Section VIII), Termination (Section IX), Lessee Payments (Section X), Surface Non-disturbance Agreement (Section XI), Permitted Use (Section XV), Land Stewardship (Section XVII). II.Requirement and Qualifications of Bidders & Required Deposits: Only qualified bidders may submit a sealed bid. In order to qualify to submit a sealed bid, prospective bidders must submit the following deposits: 1.Application Fee (non-refundable) $ 4,000.00 2.Transaction Deposit Advertising Cost (estimated) $ 8,000.00 Survey Cost $ 1,299.75 Appraisal Cost $ 5,332.16 Appraisal Review Cost $ 2,350.00 Total Transaction Deposi $16,981.91 3.Minimum Rent Deposi $15,000.00 4.Total Qualification Deposit $35,981.91 A bidder shall submit one payment for the Total Qualification Deposit in the amount of $35,981.91, payable to "Commissioner of Public Lands." III.The application, and Total Qualification Deposit must be received at the New Mexico State Land Office, PO Box 1148, Santa Fe, NM, 87504 or 310 Old Santa Fe Trail, Santa Fe, NM, 87501, Attn: Deputy Commissioner of Public Lands, no later than 3:00 p.m. on November 16, 2018. IV.The auction will be in the form of a sealed bid. Only bidders who have submitted a complete application and met the qualification requirements may submit a sealed bid. The minimum bonus bid amount is five thousand dollars ($5,000.00) with additional amounts in increments of one thousand dollars ($1,000.00) each. The bonus bid amount should be entered on the bid form and sealed in a separate envelope. The envelope containing the sealed bid must be plainly marked "BL-2611 AUCTION SEALED BID" on the outside of the envelope and must show the date and time the bid is scheduled to be opened, as set forth above. Sealed bids may be submitted by mail, express delivery, or in person to the Deputy Commissioner of Public Lands and must be received by 3:00 p.m. on November 26, 2018. All qualifying bids submitted will be opened at the date, time and place of the auction as set forth below. Date: Tuesday, November 27, 2018 Time: 9:30 am Place: New Mexico State Land Office 310 Old Santa Fe Trail, Santa Fe, NM 87501 V. Selection of the Winning Bidder: The Lease, if any, will be awarded to the bidder making the highest bonus bid, if the offer made is determined to be satisfactory by the Commissioner based on the required qualifications for bidders. If two or more sealed bids by qualified bidders are equal in the amount and exceed the amount of any and all other sealed bids by qualified bidders, the Commissioner may exercise his discretion to request oral bid opening or cancel the lease auction. In the event that the bid opening is cancelled, all qualified bidders will be notified by mail at the address provided in the submitted application. The Commissioner reserves the right to reject all bids or cancel the auction, and to reinitiate the process of offering the leased premises for lease, sale or exchange on the same or different terms. The successful bidder must deposit with the Commissioner the bonus bid amount no later than five business days after the auction. If the bonus bid is not timely submitted, the Commissioner may disqualify a bidder and declare the next highest bidder to be the successful bidder, or declare that no bid was successful. VI.How to Get Additional Information: Additional information is available in the bid packet. The bid packet is incorporated in this notice by reference and should be reviewed in detail before attempting to qualify to bid. To obtain a copy of the bid packet, please go to http://www.nmstatelands.org or contact: James White NM State Land Office 310 Old Santa Fe Trail Santa Fe, New Mexico 87501 505-827-5731 jwhite@slo.state.nm.us Disabled individuals who require aid to participate in the Lease auction may call (505) 827-5760; Fax (505) 827-6157 and /or TTY (800) 659-8331. Upon request, these documents may be available in alternative formats. Dated at Santa Fe, New Mexico, this 5th day of September, 2018. Electronically Signed Aubrey Dunn Commissioner of Public Lands Santa Fe, New Mexico Journal North: September 7, 14, 21, 28, October 5, 12, 19, 26, November 2, 9, 2018 Left-red    Print Legal   Email-red   Published on: Fri September 14, 2018