Stephanie Garcia Richard, Commissioner of Public Lands State of New Mexico EXHIBIT 2: NOTICE OF PUBLIC AUCTION Long-Term Solar Energy Lease Number ES-0168 Valencia County, New Mexico The New Mexico Commissioner of Public Lands (the Commissioner) will accept sealed bids seeking the highest bid for the following long term solar energy lease (the Lease) for renewable energy (solar power) facilities. This prospective Lease will be offered at auction on July 10, 2024. Additional information is available in the bid packet for this prospective Lease, available at http://www.nmstatelands.org or upon request as detailed below. 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 for this lease is offered as a single parcel only, located in the State of New Mexico N.M.P.M., and is described in the table below (the Land): Township, Range, Section Subdivision Acreage 07N03E32 SW4SW4, Pt. SE4SW4 (39.7707 ac.), Pt. SW4SE4 (0.1921 ac.) 79.9628 acres Total Acreage: 79.9628 acres, more or less 1) Summary of Basic Provisions of the Lease: The land identified above for the prospective Lease is offered to be leased pursuant to State Land Office Rule 9 (19.2.9 NMAC) for the purpose of operating renewable energy (solar power) facilities, and is subject to the terms and conditions authorized in the prospective Lease. The term of the prospective Lease is for up to fifty (50) years. Per Section 4 of the prospective Lease, the prospective lessee (Lessee) shall pay to the Commissioner (Lessor) as rent for the Land and for the rights and privileges granted in the lease: First Years Base Rent is seventy-five dollars ($75.00) per acre. For the proposed Lease area of 79.9628 acres, first years rent amount for lease ES-0168 is five thousand nine hundred ninety-seven dollars and twenty-one cents ($5,997.21). Operations Base Rent for the prospective Lease begins when the solar power facility starts generating energy. The rent for operations phase base year, year one (1) will be four thousand dollars ($4,000.00) per megawatt (MW) of installed capacity. The Lease contains additional fees, including a seventy-nine dollar and ninety-six cent ($79.96) Ground Disturbance Charge (Section 4.2.1) of one dollar ($1.00) per acre, and a Solar Power Device Installation Charge (Section 4.2.2) of two thousand dollars ($2,000.00) per megawatt of Installed Capacity. Additional Operation Base Rent parameters, including Percent Rent, are referenced in Section 4.1.2 of the Lease. Decommissioning Phase Rent for the prospective Lease: Lessee shall pay Lessor one-time Decommissioning Phase Rent of three dollars ($3.00) per acre, payable upon commencement of decommissioning activities on the leased Land, as described in Section 4.1.6 of the Lease. 2) Requirements and Qualification of Bidders & Required Deposits: Only qualified bidders may submit a sealed bid. In order to qualify to submit a sealed bid, prospective bidders must first submit the following, for the Lease: a) a completed application meeting the statement of minimum qualifications-Exhibit 4, b) an application fee of five hundred dollars ($500.00); c) an advertising deposit and d) the first years rent, for a Total Qualification Deposit which is listed in the table below. If no person or entity qualifies to bid or submits a bid, the applicant nominating the land to be auctioned and leased will be responsible for payment of all advertising costs. This Total Qualification Deposit is payable to Commissioner of Public Lands. Lease Number Application Fee Advertising Deposit First Years Rent Total Qualification Deposit ES-0168 $500.00 $9,000.00 $5,997.21 $56,899.04 3) Application and Deposit Submittal: The application and qualification deposit must be received at the New Mexico State Land Office, P.O Box 1148, Santa Fe, NM, 87504 (USPS postal mail) or 310 Old Santa Fe Trail, Santa Fe, NM, 87501 (courier service or hand delivery), Attn: Commissioner of Public Lands, no later than 3:00 p.m. (MST) on April 10, 2024. 4) Sealed Bid Auction: The auction will be conducted via sealed bid. Only bidders who have submitted a complete application and met the qualification requirements may submit a sealed bid. The minimum bonus bid is ten thousand dollars ($10,000.00), with additional amounts in increments of ten thousand dollars ($10,000.00). 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 with specific lease number and AUCTION-SEALED BID, not to be opened until July 10, 2024 at 9:30 am. Sealed bids may be submitted by mail, express delivery, or in person to the Commissioner of Public Lands and must be received no later than 3:00 p.m. (MST) on Friday, July 5, 2024. All bids submitted for the prospective Lease will be opened at the date, time and place of the auction as set forth below. Date: Wednesday, July 10, 2024 Time: 9:30 am (MST) Place: New Mexico State Land Office 310 Old Santa Fe Trail, Santa Fe, NM 87501 5) Selection of the Winning Bidder: The Lease, if any, will be awarded to the bidder making the highest bid, taking into consideration the bonus bid, total bid value and other factors. If two or more sealed bids by qualified bidders are equal in amount and exceed the amount of any and all other sealed bids by qualified bidders, the Commissioner may exercise her discretion to request oral bids at the 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 to cancel this auction, and to reinitiate the process of offering the Land for long-term 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 (5) business days after auction. If the bonus bid is not timely submitted, the Commissioner may disqualify the bidder and declare the next highest qualified bidder to be the successful bidder, or declare that no bid was successful. 6) How to Get Additional Information: Additional information is available in the bid packet for the Lease. The bid packet is incorporated in this notice by reference and should be reviewed in detail before attempting to qualify to bid. To obtain more information about this Lease or a copy of the bid packet, please go to http://www.nmstatelands.org or contact: Office of Renewable Energy Commercial Resources Division NM State Land Office 310 Old Santa Fe Trail Santa Fe, New Mexico 87501 (505) 827-5724 Email: [email protected] Disabled individuals who require aid to participate in the Lease auction may call (505) 827-5760; Fax (505) 827-5766 and /or TTY (800) 659-8331. Stephanie Garcia Richard Commissioner of Public LandValencia County News Bulletin: May 2, 9, 16, 23, 30, June 6, 13, 20, 27, July 4, 2024.
