27004-B: Lease County Property

ITB #27004-B: Lease of County Property - First Manassas Mile Road
GENERAL TERMS AND CONDITIONS
1. Definitions:
a. County or Lessor: Fayette County, Georgia
b. ITB: Invitation to Bid
c. Bidder: A company or individual who submits a bid in response to this ITB.
d. Successful Bidder: The Bidder that is awarded a lease.
e. Lessee: The Successful Bidder, upon execution of the lease.
2. Property "As Is": The property is being leased "as is," "where is" and "with all faults" to Lessee.
3. Preparation of Offers: It shall be the responsibility of the Bidder to examine all instructions and
other information that are part of this ITB. The Bidder should take care to provide all requested
information.
4. Submission of Offers: Bidders must submit their bid, along with any amendments issued by the
County, in a sealed opaque envelope. Mail or deliver one (1) original, unbound bid, signed in ink
by a company official authorized to make a legal and binding offer and a copy on a flash drive to:
Fayette County Government
Purchasing Department
140 Stonewall Avenue West, Suite 204
Fayetteville, GA 30214
ITB Number: 27004-B
ITB Name: Lease of County Property - First Manassas Mile Road
5. Timely Receipt: Bids not received in the Purchasing Department by the time and date of the
scheduled bid opening will not be considered.
6. Open Offer: To allow sufficient time for a contract to be awarded, the bid, once submitted and
opened, shall remain open for acceptance for a period of at least ninety (90) days from the date
of the opening to the date of award.
7. Due Diligence & Inspection: Bidders must complete any and all due diligence and property
inspections before the proposal received-by time and date. No provision is made for a due
diligence period once proposals have been opened.
8. Defects or Irregularities: The County reserves the right to waive any defect or irregularity in any
bid received.
9. References: Include with your bid three (3) references, on the form provided. Include all
information as requested on the form.
10. Bid Preparation Costs: The Bidder shall bear all costs associated with preparing their bids.

11. Late Submissions: Bids not received by the time and date of the scheduled opening will not be
considered.
12. Offer Corrections or Withdrawals: The Bidder may correct a mistake, or withdraw a bid,
before the opening date and time by sending written notification to the Director of
Purchasing. Bids may be withdrawn after the opening only with written authorization
from the Chief Procurement Officer.
13. Proposal Evaluation: Award will be made to the Bidder whose bid and proposal are deemed the
best value for the County, taking into consideration payment terms, proposed use of the
property, references, any exceptions listed, and/or other factors deemed relevant in making the
award. The County may make such investigation as it deems necessary to determine the ability
of the Bidder to lease, and the Bidder shall furnish to the County all information and data for
this purpose as the County may request. The county reserves the right to reject any bid, or all
bids, and to re-advertise for bids.
14. Ethics - Disclosure of Relationships: Before a proposed contract in excess of $10,000.00 is
recommended for award to the Board of Commissioners or the County Administrator, or before
the County renews, extends, or otherwise modifies a contract after it has been awarded, the
Lessee must disclose certain relationships with any County Commissioner or County Official, or
their spouse, mother, father, grandparent, brother, sister, son or daughter related by blood,
adoption, or marriage (including in-laws). A relationship that must be reported exists if any of
these individuals is a director, officer, partner, or employee, or has a substantial financial
interest the business, as described in Fayette County Ordinance Chapter 2, Article IV, Division 3
(Code of Ethics).
If such relationship exists between your company and any individual mentioned above, relevant
information must be presented in the form of a written letter to the Director of Purchasing. You
must include the letter with any bid, proposal, or price quote you submit to the Purchasing
Department.
In the event that a Lessee fails to comply with this requirement, the County will take action as
appropriate to the situation, which may include actions up to and including rejection of the bid
or offer, cancellation of the contract in question, or debarment or suspension from award of a
County contract for a period of up to three years.
15. Lease Execution: After the county makes an award, all required documents are received by the
county, and the lease is fully executed with signature of both parties, the county will issue a fully
executed lease. The county shall not be liable for payment of any costs incurred by any bidder
prior to the county issuing a fully executed lease.
16. Assignment of Lease: Assignment of any lease or other contract resulting from this invitation to
bid will not be authorized, except with express written authorization from the County.
17. Term of Lease: The initial term of the Lease shall begin upon issuance of an executed Lease, and
continue through June 30, 2027. Thereafter, the Lease will renew automatically for one-year
renewal terms unless either party gives notice of non-renewal at least thirty (30) days prior to

the end of the initial term or the then-current renewal term. This agreement is subject to the
multi-year contractual provisions of O.C.G.A. 36-60-13(a).
18. Annual Adjustments: Any adjustments to unit prices, compensation, or other considerations
shall be negotiated at least 30 days prior to the end of the then-current term, and shall become
effective at the beginning of the next renewal term.
19. Insurance: The Successful Offeror shall procure and maintain the following insurance, to be in
effect throughout the term(s) of the contract, in at least the amounts and limits set forth as
follows:
* General Liability Insurance: $1,000,000 combined single limit per occurrence, including
bodily and personal injury, destruction of property, and contractual liability.
* Automobile Liability Insurance: $1,000,000 combined single limit each occurrence,
including bodily injury and property damage liability.
* Worker's Compensation: Workers Compensation as required by Georgia statute.
Before a contract is executed with the Successful Bidder, the Successful Bidder shall provide
Certificates of Insurance for all required coverage. The Successful Bidder can provide the
Certificate of Insurance after award of the lease, but must be provided prior to execution of the
lease document by both parties. Certificates shall list an additional insured as follows:
Fayette County, Georgia
140 Stonewall Avenue West
Fayetteville, GA 30214
20. Indemnification: The Lessee shall indemnify the County and all its officers, agents and
employees against any suits, actions, or other claims brought on account of any injuries or
damages to any person, persons, or property resulting from any negligent act or fault of the
Lessee, or of any agent, employee, subcontractor or supplier in the performance of any contract
which may be awarded. The Lessee shall pay any judgment with cost which may be obtained
against the county growing out of such injury or damages.
21. Termination for Cause: The County may terminate the Lease for cause by sending written notice
to the Lessee of the Lessee's default in the performance of any term of the Lease. Termination
shall be without prejudice to any of the County's rights or remedies by law.
22. Termination for Convenience: The County may terminate the Lease for its convenience at any
time with 10 days' written notice to the Lessee.
23. Force Majeure: Neither party shall be deemed to be in breach of the Lease to the extent that
performance of its obligations is delayed, restricted, or prevented by reason of any act of God,
natural disaster, act of government, or any other act or condition beyond the reasonable
control of the party in question.
24. Severability: The invalidity of one or more of the phrases, sentences, clauses or sections

contained in the Lease shall not affect the validity of the remaining portion of the
contract. If any provision of the Lease is held to be unenforceable, then both parties shall
be relieved of all obligations arising under such provision to the extent that the provision
is unenforceable. In such case, the Lease shall be deemed amended to the extent
necessary to make it enforceable while preserving its intent.
25. Choice of Law & Forum: The Lease shall be governed in accordance with the laws of the State of
Georgia. The parties agree to submit to the jurisdiction in Georgia, and further agree that any
cause of action arising under the Lease shall be required to be brought in the appropriate venue
in Fayette County, Georgia.

Invitation to Bid #27004-B
Lease of County Property - First Manassas Mile Road
OBJECTIVE
Fayette County, Georgia wishes to enter into a lease agreement with a private company or other
entity for the use of three parcels of currently unused land which are located adjacent to the
County's solid waste transfer station property.
INTRODUCTION
The County's solid waste transfer station is located at 211 First Manassas Mile Road,
Fayetteville, Georgia 30214. Three parcels of land located adjacent to the transfer station are
not needed for transfer station operations. The County wishes to lease the three parcels to a
private company or other entity to put this acreage to productive use, which would provide a
benefit to both the Lessee and the County. Examples might include mulching, grinding, and
disposal of vegetative waste brought to the transfer station; use of the property as a recycling
station; or a staging area for road or timber projects.
PROPERTY DESCRIPTION
a. Property Location: 211 First Manassas Mile Road, Fayetteville, Georgia 30214.
b. Size: Tract One consists of 15.000 acres, Tract Two consists of 0.707 acres, and Tract Three
consists of 6.293 acres.
c. Legal Description: See Exhibit 1.
d. Existing Conditions: Both parcels are heavily wooded with pine trees.
e. Utilities: Utilities can be made available. Any and all costs for utility service will be the
responsibility of the lessee, not the County.
LEASE TERM: The initial term of the Lease will begin on issuance of an executed Lease, and continue
through June 30, 2027. Thereafter, the Lease will renew automatically for one-year renewal terms
unless either party gives notice of non-renewal at least thirty (30) days prior to the end of the initial
term or the then-current renewal term. This agreement is subject to the multi-year contractual
provisions of O.C.G.A. 36-60-13(a).
MAINTENANCE: The Lessee will be responsible for all costs and expenses in connection with the
use, operation, and maintenance of the Property.
OTHER: The Lease agreement shall include the General Terms and Conditions that are included in
this Invitation to Bid.
PROTECTION OF PROPERTY & ACCESS:
* The Lessee agrees to care for and maintain the premises in a proper manner.
* The Lessee shall not make any improvements on the leased property without prior approval
by the County.

* The Lessee shall comply with all federal, state, county and local laws, regulations, and
policies in response to its use of the premise.
* Any property or incidentals damaged during the course of the Lease shall be repaired or
replaced to the satisfaction of Fayette County.
* The Lessee shall not sublet, assign, or transfer its interest or obligations under this Lease to
any third party, without express written County approval.
* Site Plan: Any development of the parcel(s) shall be in accordance with Federal, State, and
Local permitting requirements. The successful responder shall perform and pay all costs for
design, permitting, and site development. This may include, but is not limited to, an
encroachment permit for new driveways onto Firsts Manassas Mile Road, stormwater
management, NPDES permitting, landscaping, or other site development.
BID RESPONSE REQUIREMENTS
Your bid should include the following:
1. Required Forms and Information:
a. Company Information {form provided}
b. Bid Form {form provided}
c. References {form provided}
d. Contractor Affidavit under O.C.G.A. 13-10-91(b)(1) {form provided}
e. Signed Addenda, if any are issued.
2. Proposal for Use of the Property: As stipulated in Georgia Code at O.C.G.A. 36-9-3
(A)(1), please provide a short proposal for use of the property. Describe the activities
you propose to carry out on the property. Explain how this would benefit both the
Lessee and the County. Detail any capital improvements that you would propose to
make on the property (Please note that the County must give written approval prior to
any improvements being made to the land). If your proposed compensation to the
County includes in-kind services or other non-cash contributions in addition to the cash
amount stated on the Bid Form, clearly explain.

BID FORM
ITB 27004-B: Lease of County Property - First Manassas Mile
The monthly amount of:
$ _______________________ ( _____________________________________________ Dollars)
is bid for the lease of the County property described in this Invitation to Bid.
Other compensation or considerations include:
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________
SIGNATURE: _____________________________________________________________________
PRINTED NAME: __________________________________________________________________
COMPANY'S NAME: ______________________________________________________________

COMPANY INFORMATION
ITB #27004-B: Lease of County Property - First Manassas Mile Road
A. COMPANY
Company Name: _________________________________________________
Physical Address: ________________________________________________
_______________________________________________________________
Mailing Address (if different): ______________________________________
_______________________________________________________________
Website (if applicable): ____________________________________________
B. AUTHORIZED REPRESENTATIVE
Signature: _______________________________________________________
Printed or Typed Name: ____________________________________________
Title: ___________________________________________________________
E-mail Address: __________________________________________________
Phone Number: __________________________________________________
C. PROJECT CONTACT PERSON
Name: _________________________________________________________
Title: __________________________________________________________
E-mail Address: __________________________________________________
Phone Number: __________________________________________________
Updated 2/22/2022