R651-700-12. Competitive Bidding Process for Special Use Leases  


Latest version.
  • (1) The Division shall determine on a case-by-case basis if an area requested for a Special Use Lease shall be offered to the public through competitive bidding. This decision shall be made after considering:

    (a) Whether the area requested for a Special Use Lease or permit is Division Land;

    (b) The nature of the use and length of authorization requested;

    (c) The availability of reliable data regarding the fair market rental value of the subject parcel for the proposed use; and

    (d) Whether other applications are received by the Division to use the same area requested for the same or competing uses.

    (2) If the Division determines that the greatest benefit to the public recreation and/or the Division would be achieved by offering the subject area through competitive bidding, it shall give Notice of Leasehold Availability and provide an opportunity for applications to be submitted.

    (3) The Notice of Leasehold Availability shall state;

    (a) The location and size of the subject area;

    (b) The user(s) approved by the Division for the subject area;

    (c) The type of auction and minimum acceptable bid amount;

    (d) What developments, if annex on the subject area the applicant must purchase from the existing lessee, and a general estimate of the present value of said developments as determined by the Division; and

    (e) The deadline for submitting a completed application to the Division.

    (4) The Notice of Leasehold Availability shall be:

    (a) Published at the applicant's expense not less than once each week for two (2) successive weeks in a newspaper of general circulation in the county(ies) in which the subject parcel is located;

    (b) Posted on the Division Internet website; and

    (c) Sent to persons indicating an interest in the subject parcel.

    (5) The highest qualified bidder shall be awarded the lease at auction subject to satisfaction of the requirements of R651-700- (9 and 10) of these rules. The Division, however, shall have th right to reject any and all bids submitted.