Bid package-Twin Eagle WMA -Tobacco barns - 2026.pdf

Invitation No: 12122025_________________

Bid Opens: Friday, December 12, 2025, at 3 p.m.

1. Bids must be submitted on the “Form of Proposal” included within and made part of this Invitation and received at the Division of Real

Properties, Department of Facilities

Management, Finance and

Administration Cabinet, 3rd Floor, Bush Building, 403 Wapping Street, Frankfort, Kentucky 40601-2607, not later than the specified “bid opening” time and date.

2. The Commonwealth of Kentucky reserves the unqualified right to reject any or all bids.

3. Bids will be ‘publicly’ read aloud and Bidders may access the bid opening through a conference call. To access the conferencing bridge, Bidders may either dial

502-782-CONF (2663) OR 502-

564-9110. Once called, Bidders will be prompted to enter a code.

Bidders, as

“attendees/participants” need to enter the code 77330. Please be mindful that the conference call will not begin until the moderator

(Buyer: Wendell Harris) is logged in and the conference call will end once the moderator hangs up.

4. For further information or to obtain a hard copy of the bid package, contact Wendell Harris, Division of Real Properties, Bush

Building, 3rd Floor, 403

Wapping Street, Frankfort, KY

40601-2607 phone: 502/782-

0360, or email:

wendell,harris@ky.gov.

FOR LEASE

STATE-OWNED REAL PROPERTY

Twin Eagle Wildlife Management Area

Tobacco Barns

Department for Fish and Wildlife Resources

Owenton, Kentucky mailto:Wendell.harris@ky.gov

INVITATION TO BID

TWIN EAGLE WILDLIFE MANAGEMENT AREA

GENERAL TERMS AND CONDITIONS

SECTION I

SCOPE OF LEASES

At the request of the Department of Fish and Wildlife Resources, hereafter referred to as

"Department", the Division of Real Properties, issues this Invitation to Bid on the lease of the following:

South Barn Located off Hwy 355, farthest from house. Capacity 6300 sticks, good condition. No subleasing of barn, clean up barn after tobacco is removed.

Middle Barn Located off Hwy 355, second farthest from house and closest to highway. Capacity 6000 sticks, good condition. No subleasing of barn, clean up barn after tobacco is removed.

Both of which are a part of the Twin Eagle Wildlife Management Area in Owen County, North of Perry Park, Kentucky.

SECTION II

LEASE TERM

The lease agreement established from this Sealed Bid for agricultural land and the barn will be for the period beginning on the date of execution to December 31, 2026 (year one), to be renewed automatically upon the same terms and conditions for four (4) successive one-year periods, for a total of five (5) years. The Lessee's occupancy and use of the leased premises are subject to, and the Lessee shall comply with, all applicable state and federal statutes, rules, and regulations.

SECTION III

BASIS OF BID QUOTATIONS

Rental rates quoted in response to this Invitation shall remain firm for the initial term of the resulting lease. After the initial period, amounts are subject to revision, which may be either increases or decreases. Either party may request said revision in writing. Any request for a decrease in the rent must be documented as to the reason for the requested decrease.

The party to whom the request is presented must notify the requesting party of his decision within 30 days after receipt of the request or satisfactory supporting documentation, whichever occurs later. In the event the requested revision is refused, the requesting party shall have the right to withdraw from the lease, without prejudice. Bids for the tobacco barn are to be made on a dollar amount per barn. The successful bidders shall enter into lease contracts with the Department of Fish and Wildlife Resources on an annual basis

(annually renewable for four years). Payment may be made by money orders, cashier’s checks or certified checks, which are to be made payable to the Department of Fish and

Wildlife Resources. Payment in full must accompany the lease when signed by the Bidder.

SECTION IV

USE OF PROPERTY

Property shall be used exclusively for the purpose of housing tobacco only, with the understanding there will be no stripping in the barn or subleasing of the barn. No grazing of livestock shall be permitted. The Lessee shall be responsible for the accomplishment of specified utilization, maintenance and repairs to the barns as approved in writing in advance by KDFWR, and care of the barn included in this lease; shall furnish all equipment labor and supplies; and shall pay all expenses necessary and incident to compliance with the provisions and conditions as set forth herein. No part of any lease unit may be placed in any federal agricultural land retirement program. The Lessee shall be responsible for maintaining the entire leased premises in a clean and sanitary condition throughout the lease term and any renewal thereof. The Lessee further agrees that upon the expiration, cancellation or termination of the Lease Agreement, that they will return the leased premises in as good an order as received, ordinary wear and tear, and acts of God excepted and the barn must be cleaned after tobacco is removed. The Department shall be responsible for insuring that such provisions are enforced. Major deviations from these provisions will not be made without the written approval of the Department and Division of Real Properties. Problems, which arise under any aspect of performance, shall first be resolved between the Lessee and the Department. If such problems and or disagreements cannot be resolved, either party, in writing will refer them to the Division of Real Properties for settlement.

SECTION V

RENTAL PAYMENT

The balance of the lease payment (total lease payment less $100.00 bid deposit) for the initial term of the lease will be due and payable upon the execution of a lease document.

The annual rental payment for renewal terms shall become due and payable in full on the first day of each year of the Lessee's use of the property.

SECTION VI

SITE VISIT

Bidders are urged and expected to inspect the site to be leased, and to satisfy themselves as to all general and local conditions that may affect the cost of compliance with the lease, to the extent such information is reasonably obtainable. In no event will a failure to inspect the site constitute grounds for a claim after award of lease.

NOTE: FOR FURTHER INFORMATION

CONCERNING EXACT LOCATION AND

ACCESS TO THE SITE, PLEASE

CONTACT SCOTT FERRELL, PHONE:

502-535-6335, MONDAY THROUGH

FRIDAY, 8:00 A.M. TO 4:30 P.M.

SECTION VII

CANCELLATION

Either party to the resulting Lease Agreement may cancel the agreement by notice to the other party, specifying the date of cancellation, with such notice not to be less than thirty

(30) days prior to the date of cancellation. The time under this Section shall be computed from the date of mailing of the above-referenced notice and cancellation shall not be effective until the last day of the month in which the notice periods end. Upon said cancellation, the Lessee shall quit the leased premises and will return them in as good an order as received, ordinary wear and tear, and acts of God excepted.

SECTION VIII

ASSIGNMENT

The Lessee shall not voluntarily, involuntarily, or by operation of the law assign, sublet, transfer, mortgage or otherwise encumber all or any part of the premises to any other person, partnership, corporation or other entity without first obtaining in each and every instance the Department and the Finance and Administration Cabinet's prior written consent. Any attempt to assign, sublet, transfer, mortgage or otherwise encumber all or any part of the premises without such consent shall be void. If an assignment of the lease is made with written consent of the Finance and Administration Cabinet, the Lessee shall not be relieved from the payment of all rent according to the terms hereof or for the performance of all other terms, covenants, and conditions of the Lease. If the Department and the Finance and Administration Cabinet once gives consent, such consent shall not operate as a waiver of the necessity for obtaining Finance's prior written consent to any subsequent assignment or subletting. No assignment will be effective or binding against the Lessor until such time the assignee executes an amendment to the Lease Agreement reflecting such assignment.

SECTION IX

HOLD HARMLESS

AND LIABILITY

INSURANCE

The bidder agrees to indemnify and hold harmless the Lessor from any and all claims, demands, damages, actions, costs, including attorney's fees, and charges for which the

Lessor may be subject, or for which the Lessor, or the Lessee, may be required to pay by reason of use. The Lessee shall, at their own expense, assume defense of such claims and actions for damages or judgments arising from injury to any person or property or loss of life or property resulting from or in any way connected to the character, condition or use of the leased premises or any means of ingress thereto, or egress therefrom unless such injury or loss arises directly from the negligence of the Lessor, or any of its officers agents or employees, while acting within the scope of their employment.

The Successful Bidder will be required to obtain, from a reputable insurance company authorized to do business in the Commonwealth, and carry liability of indemnity insurance providing as a minimum:

COMMERCIAL GENERAL LIABILTIY, via the Occurrence Form, with a $1,000,000

Combined Single Limit for any one Occurrence for Bodily Injury, Personal Injury and

Property Damage, $2,000,000 aggregate including:

1. Premises – Operations Coverage

2. Products and Completed Operations

3. Contractual Liability

4. Broad Form Property Damage

5. Independent Contractors Protective Liability

6. Personal Injury

Said insurance shall name the Commonwealth as an additional insured and shall also provide that said policy shall not be subject to cancellation, termination or change without at least thirty (30) days prior written notice to the Commonwealth. The Successful Bidder must furnish a copy of its insurance policy to the Department of Fish and Wildlife prior to commencement of operations.

After award of the license, the minimum liability amounts of required coverage established under this Section shall be subject to modification by the Commonwealth upon sixty (60) days written notice to the Successful Bidder.

Casualty Insurance

During the term of the license agreement, and any extension thereof, the Successful Bidder shall maintain, at the successful Bidder’s sole expense, fire and extended coverage insurance, including theft and vandalism, covering the proposed development in an amount equal to its full replacement cost value. The successful Bidder shall also carry and maintain during the term of the license, at successful Bidder’s sole cost and expense, fire and extended coverage insuring all contents and inventories in the premises to the extent of their full insurable value. Certificates of such policies shall be delivered to the

Commonwealth within ten (10) days of the beginning of operations at the facilities, and thereafter within thirty (30) days prior to the expiration of the term of each policy, together with evidence of payment thereof by the Successful Bidder. Renewal or additional policies shall be obtained and maintained by the Successful Bidder in like manner and to like extent.

All policies of insurance must contain a provision that the company writing the policy will give the Commonwealth thirty (30) days advance written notice of any cancellation or lapse of the effective date or any reduction in the amounts of insurance.

Said insurance shall name the Commonwealth as an additional insured and shall contain a non-cancellation clause notifying the Commonwealth at least thirty (30) days in advance of any proposed cancellation. Copies of all insurance policies shall be submitted to the

Department of Fish and Wildlife Resources, #1 Sportsman’s Lane, Frankfort, Kentucky

40601, annually for review and approval.

SECTION X

TERMINATION FOR DEFAULT

(a) If at any time during the period in which the Lease Agreement is in effect, the

Lessee, In the opinion of the Lessor, defaults on any obligation incurred hereunder, including, but not limited to the obligation to pay rent as provided in this

Agreement, then the Agreement shall be subject to termination by the Lessor, with no right of recourse remaining in the Lessee. All rights and benefits therein conferred shall be deemed forfeited, and the Lessee covenants that it shall quietly surrender possession of the demised premises to the Lessor, provided however, that before any termination shall occur under this Paragraph, the Lessee shall be given written notice and be allowed thirty (30) days from the date of receipt of such notice in which to cure such default or noncompliance. If said default or noncompliance is cured within the above time period, then the Lease Agreement shall remain in full force and effect.

(b) The procedure for termination of the Lease Agreement under this Paragraph shall be as follows:

1. The Lessor shall deliver, by certified mail, to the Lessee a "Notice of Termination" which shall specify (a) the nature of the termination; (b) the extent to which use under the Lease Agreement is to be terminated; and (c) the date upon which termination becomes effective.

2. The Lessee shall stop use under the Lease Agreement on the date indicated and to the extent specified in said "Notice of Termination," unless the default or noncompliance is cured within the time period stated in the notice.

(c) In the event of termination for default, the Lessee shall be responsible for paying to the Lessor any and all monetary sums due the Lessor under this Lease Agreement, up to and including the effective date of termination.

(d) The rights and remedies of the Lessor provided in the Agreement shall not be exclusive, and are in addition to any other rights and remedies provided by law or in equity.

SECTION XI

METHODS OF AWARD

The Lease will be awarded for the lease of South Barn capacity of 6300 sticks, in good condition, and Middle Barn capacity of 6000 sticks, in good condition, on a highest bid amount to that responsible, responsive bidder whose offer conforming to this Invitation to

Bid will be most advantageous to the Commonwealth. The Commonwealth of Kentucky reserves the right to reject any or all bids and waive technicalities. The bidder's past performance under lease shall be a consideration and may be a factor in the award of the lease.

SECTION XII

ADDING TERMS AND CONDITIONS

Additional terms and conditions that come within the scope of the resultant lease and found to be needed may be added to the lease if mutually agreeable to both the Lessee and the Department.

SECTION XIII

GOOD FAITH DEPOSIT

A good faith deposit must be submitted with each bid in an amount equal to ONE

HUNDRED DOLLARS ($100.00). The good faith deposit should be made payable to the

Kentucky State Treasurer (certified or cashier check only- cash will not be acceptable). All such deposits will be returned on unsuccessful bids. The deposit made with the successful bid will be retained by the agency and later applied to the lease payment.

NOTE: BIDS FOR THE BARNS ARE TO BE MADE

ON A TOTAL DOLLAR AMOUNT FOR

BOTH BARNS.

SECTION XIV

CONFLICT OF LAW AND CHOICE OF LAW PROVISION

The parties agree hereto that the laws of the Commonwealth of Kentucky shall govern all questions as to the execution, validity, interpretation, construction, and performance of this

Lease. Furthermore, the parties hereto agree that any legal action, which is brought on the basis of, said Agreement, shall be filed in either the Franklin County Circuit Court or

Franklin County District Court, commensurate with the jurisdictional limits of those

Courts, of the Commonwealth of Kentucky.

FORM OF PROPOSAL

(SEALED BID)

TO: Finance and Administration Cabinet

Department for Facilities and Support Services

Division of Real Properties

State Properties Branch

Bush Building 3rd Floor

403 Wapping Street

Frankfort, Kentucky 40601

BID FORM

INVITATION NO: _12122025_____

BID OPENING: _Friday, Dec. 12, 2025

TIME: __3 PM ET________

Subject to the General Terms and Conditions and Authentication of Bid and Affidavit of

Non-Collusion and Non-Conflict of Interest, I propose to pay the Commonwealth of

Kentucky the following amount:

For the lease of the South Barn, capacity of 6300 sticks AND for the lease of the Middle Barn, capacity of 6000 sticks, both located at

Twin Eagle Wildlife Management Area, in Owenton, Kentucky, I propose to pay the sum of $ per year.

AUTHENTICATION OF BID AND

AFFIDAVIT OF NON-COLLUSION AND

NON-CONFLICT OF INTEREST

I hereby swear (or affirm) under the penalty for false swearing as provided by KRS

523.040:

1. That I am the bidder (if the bidder is an individual), a partner, (if the bidder is a partnership), or an officer or employee of the bidding corporation having authority to sign on its behalf (if the bidder is a corporation);

2. That the attached bid or bids covering Kentucky Division of Real

Properties Invitation Number 12122025 have been arrived at by the bidder independently and have been submitted without collusion with, or without any agreement, understanding or planned common course of action with, any other bidder or materials;

3. That the contents of the bid or bids have not been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder or its surety on any bond furnished with the bid or bids and will not be communicated to any such person prior to the official opening of the bids or bids;

4. The bidder is legally entitled to enter into lease with the Commonwealth of Kentucky and is not in violation of any prohibited conflict of interest, including those prohibited by the provisions of KRS 45A.330 to .340 and 164.390, and,

5. That I have fully informed myself regarding the accuracy of the statements made above.

Rev. 9-16-22 Rev. 9-16-22

Required Affidavit for Bidders, Offerors and Contractors

(KRS 45A.110 & 45A.115)

Affidavit Effective for One (1) Year from Date of Execution

Instructions: Pursuant to KRS 45A.110 and 45A.115, a bidder, offeror, or contractor

(“Contractor”) is required to submit a Required Affidavit for Bidders, Offerors, and Contractors to be awarded a contract, or for the renewal of a contract. An authorized representative of the contracting party must complete the attestation below, have the attestation notarized, and return the completed affidavit to the Commonwealth.

Attestation

As a duly authorized representative for the Contractor, I swear and affirm under penalty of perjury, that that the Contractor has not knowingly violated campaign finance laws of the Commonwealth of Kentucky and that the award of a contract will not violate any provision of the campaign finance laws of the Commonwealth. For purposes of this attestation, "Knowingly" means that the bidder or offeror is aware or should have been aware of the existence of a violation. The bidder or offer understands that the Commonwealth retains the right to request an updated affidavit at any time.

Bidder or Offeror Name: __________________________________________________________

Address: __________________________________________________________

Commonwealth of Kentucky Vendor Code (If known): _______________

Subscribed and sworn to before me this _____ day of _______________, ____________.

State of: ___________________ Notary: ___________________________________

County of: _________________ My Commission Expires: _____________________

Signature Printed Name

Title Date