Request for Proposals to offer for lease restaurant space at Senator Bob Martin Eastern Agriculture Center.

1 STATE OF NORTH CAROLINA Department of Administration State Property Office – Leasing Section Request for Proposal (RFP) #: SPO-58-LL-16 North Carolina Department of Agriculture and Consumer Services Date Issued: February 28, 2023 Proposal Closing Date: March 22, 2023 At 4:00 PM ET Direct all inquiries concerning this RFP to: Susan Tyre Wendy Dudka NC Dept. of Agriculture NC Dept. of Agriculture Susan.Tyre@ncagr.gov Wendy.Dudka@ncagr.gov 252-792-5802 919-707-3167 mailto:Susan.Tyre@ncagr.gov%20%09%09Wendy.Dudka@ncagr.gov 2 NOTICE TO PROPOSERS 1. READ, REVIEW AND COMPLY: It shall be the Proposer’s responsibility to read this entire document, review all enclosures and attachments, and any addenda thereto, and comply with all requirements specified

herein, regardless of whether appearing in these Instructions to Proposers or elsewhere in this RFP document. 2. PROPOSAL SUBMITTAL All proposals shall be submitted electronically via the North Carolina Business Invitation Delivery System (NC BIDS). For additional information, the NC BIDS for Vendors page includes online training videos and a link to NC BIDS FAQs for Vendors. (More detail in NOTE that follows.) There is No Fee for lease proposal submittal through NC-BIDS. Failure to submit a proposal in strict accordance with these instructions may constitute sufficient cause to reject a vendor’s proposal(s). 3. CRITICAL UPDATED INFORMATION: This RFP may be updated to include critical information in an Addenda. It is important that all Proposers proposing on this RFP periodically check the State’s IPS website for any Addenda that may be issued prior to the proposal opening date. All Vendors shall be deemed to have read and understood all information in this RFP and all Addenda thereto. 4. LATE PROPOSALS: It shall be the Proposer’s sole responsibility to ensure the timely submission of proposals at the designated office by the designated time. 5. ACCEPTANCE AND REJECTION: The State reserves the right to reject any and all proposals, to waive any informality in proposals and, unless otherwise specified by the Proposer, to accept any item in the proposal. 6. CERTIFICATE TO TRANSACT BUSINESS IN NORTH CAROLINA: As a condition of lease award, each Proposer that is a corporation, limited-liability company or limited-liability partnership shall have, and shall maintain throughout the term of The Lease, Registration to Transact Business in North Carolina from the North Carolina Secretary of State, as required by North Carolina law. 7. PROPOSER REGISTRATION AND SOLICITATION NOTIFICATION SYSTEM: The North Carolina electronic Vendor Portal (eVP) allows Proposers to electronically register free with the State to receive electronic notification of current procurement opportunities for goods and Services of potential interests to them available on the Interactive Purchasing System, as well as notifications of status changes to those solicitations. Online registration and other purchasing information is available at the following website: http://ncadmin.nc.gov/about-doa/divisions/purchase-contract. Note: Be aware that vendor data may expire every 30 days when using the NC electronic Vendor Portal, so allow adequate time when attempting to respond to time sensitive deadlines. https://ncadmin.nc.gov/nc-bids-vendors https://ncadmin.nc.gov/nc-bids-faqs-vendors http://ncadmin.nc.gov/about-doa/divisions/purchase-contract 3 NOTE TO PROPOSER ELECTRONIC RESPONSES ONLY WILL BE ACCEPTED FOR THIS SOLICITATION IN ORDER TO BE CONSIDERED, YOUR PROPOSAL SHALL BE SUBMITTED IN STRICT ACCORDANCE WITH THESE INSTRUCTIONS PRIOR TO THE ADVERTISED CUT-OFF TIME. BY 4:00 PM, MARCH 22, 2023. ALL PROPOSALS SHALL BE SUBMITTED ELECTRONICALLY VIA THE NORTH CAROLINA BUSINESS INVITATION DELIVERY SYSTEM (NC BIDS) For additional information, the NC BIDS for Vendors (https://ncadmin.nc.gov/nc-bids-vendors) page includes online training videos and a link to NC BIDS FAQs for Vendors. NC BIDS has a file size limitation of 24MB. If the proposal exceeds 24MB, the proposal or space plans should be split into multiple files. Proposers are to use the following naming standard when submitting proposals: [PROPOSAL NUMBER]_[PROPOSER NAME]_[MthDayYr] (ex. SPO-92-501_ACME-LLC_070120) NOTE: Failure to submit a proposal in strict accordance with these instructions may constitute sufficient cause to reject the vendor’s proposal(s). PROPOSALS MAILED, E-MAILED OR HAND DELIVERED TO THE DEPARTMENT OF ADMINISTRATION BUILDING WILL NOT BE ACCEPTED AND SHALL NOT BE CONSIDERED. Following the selection of any proposal and its placement on the Council of State Agenda, if applicable, by the State Property Office, there shall be no further negotiations with those who presented proposals which were not selected for the Agenda. SPECIAL NOTE: In accordance with the North Carolina Administrative Code (Title I North Carolina Administrative Code, Chapter 6B.0212) a proposer's meeting will be required following the cut-off date for receiving proposals for leases with rental exceeding $150,000 annually (including renewal options). A proposer’s meeting might not be required if initial proposal(s) are less than $150,000 in annual rent. After the original proposals are received and site visits made the proposer's meeting will be conducted by the State Property Office at a time and place to be announced by the State Property Office. At this meeting the selected proposers will submit their lowest price proposal. IN LIEU OF THE PROPOSER OR ITS AGENT BEING PRESENT AT THE PROPOSER’S MEETING, PROPOSER MUST SUBMIT THE FINAL PRICE PROPOSAL TO THE STATE PROPERTY OFFICE AGENT OR TO THE PHYSICAL LOCATION OF THE MEETING BEFORE THE COMMENCEMENT OF THE PROPOSERS MEETING. IT IS THE PROPOSER’S RESPONSIBILITY TO ENSURE THE FINAL PRICE PROPOSAL IS RECEIVED BY THE STATE PROPERTY OFFICE AGENT BEFORE COMMENCMENT OF THE PROPOSER’S MEETING. The Proposer’s meeting MAY be held virtually. Instructions for the meeting will be provided under separate cover. Annual per square foot rental rates which include indeterminable percentage increases(s), such as uncapped consumer price index increases, etc. shall not be accepted during either the initial term or the renewal period. Pursuant to Articles 3 and 3C, Chapter 143 of the North Carolina General Statutes and Executive Order No. 25, the State invites and encourages participation in this procurement by Historically Underutilized Businesses (HUBs) consisting of minority, women and disabled business firms that are at least fifty-one percent owned and operated by individual(s) of the aforementioned categories. Also included in this category are disabled business enterprises and non-profit work centers for the blind and severely disabled. The State of North Carolina encourages the submission of proposals covering “green buildings”. Components such as site, enclosures, infrastructure, contents and materials in “green building” result in reduced costs in operation, energy, maintenance and insurance as well as could improve employee motivation and productivity. https://ncadmin.nc.gov/nc-bids-vendors https://ncadmin.nc.gov/nc-bids-vendors https://ncadmin.nc.gov/nc-bids-faqs-vendors 4 Pursuant to North Carolina General Statute 146.25-1, the Department of Administration shall give preference to lease proposals involving buildings identified by the North Carolina Historical Commission as having historic, architectural or cultural significance. Pursuant to North Carolina General Statute 146.25-1(b), the Department of Administration may negotiate on relevant factors that represent the best interest of the State. Relevant factors may include, but are not limited to, timeliness of delivery of the proposed space, maintenance, upkeep and condition of the proposed space and prior performance of the proposer. 5 SPECIFICATIONS FOR SPACE TO BE LEASED BY THE STATE OF NORTH CAROLINA NORTH CAROLINA DEPARTMENT OF AGRICULTURE & CONSUMER SERVICES GENERAL INSTRUCTIONS Cut-off date for receiving proposals is 4:00 PM, MARCH 22, 2023 via NC-BIDS. After reading and fully understanding these specifications, prepare your proposal as follows: • Full description of plans and intentions for your use of the space. Be as detailed as possible. Provide documentation showing you have researched all required permits for your proposed operation. Include business operating hours. Please include a statement indicating how your proposal will improve the Senator Bob Martin Eastern Agriculture Center. • Premises is to be leased as is. Any improvements will be at Proposer’s expense. Provide information on improvements you propose to make to the premises. This may include up-fit construction and/or new construction. Provide a timeline for startup of your proposed operation. • A resume of your experience and abilities that you feel qualify you to operate the food and beverage service at the Senator Bob Martin Eastern Agriculture Center (If proposal is being made jointly by two or more individuals, a resume of each is required. Attach additional sheets as necessary). Include any documentation to verify the ability to maintain a Grade “A” sanitation rating. • A current financial statement for each person or firm making this proposal. • Three letters of recommendation on behalf of each person highlighting his/her character, business and management abilities from prior customers, suppliers and/or event promoters. LOCATION: Senator Bob Martin Eastern Agriculture Center 2900 NC HWY 125 South Williamston, NC 27892 Facilities Included: ±994 Sqft. in the show arena See sketch map of the Senator Bob Martin Eastern Agriculture Center property for specific locations of facilities. (Attachment A). PRE-PROPOSAL CONFERENCE A VOLUNTARY PRE-PROPOSAL CONFERENCE WILL BE HELD AT 2900 NC HWY 125 SOUTH, WILLIAMSTON, NC 27892 ON MARCH 9, 2023, AT 1:00 P.M. SCOPE The North Carolina Department of Agriculture and Consumer Services, Senator Bob Martin Eastern Agriculture Center is requesting the submission of proposals by food service companies to operate the food and beverage service facilities for the Senator Bob Martin Eastern Agriculture Center in the Coliseum Show Arena. The Senator Bob Martin Eastern Agriculture Center has a long term interest in maintaining a quality food service operation to complement and encourage arena events. The Senator Bob Martin Eastern Agriculture Center desires an operation that will have the atmosphere of a rural independently owned food business with friendly staff. The Senator Bob Martin Eastern Agriculture Center desires “Home Style” old fashioned cooking as well as an operation that will provide quality food and beverage service in a friendly, courteous and helpful manner to customers. LEASE AGREEMENTS It is anticipated the lease will be effective July 1, 2023 or a date satisfactory to the State. Proposer may include alternate effective date for consideration. The Lease Agreement will be prepared by the State and will include pertinent portions of the Request for Proposals, the Proposal submitted, and other items that the State deems applicable. 6 LEASE PERIOD The Lease shall be for an initial term of three (3) years, with one (1) year renewal options desired. The renewal options shall be upon mutual agreement by both parties. RENTAL Rental shall be a minimum amount of $20,000 for Year 1 of the term with 2% annual increases for the term and renewals. Rental payments are to be delivered to the office of the Senator Bob Martin Eastern Agriculture Center by the 10th day of each month. Rental payment will be made in 12 monthly payments. Payments of rent not delivered within thirty (30) days of the due date will bear interest beginning on the due date at the rate established by law for State agency past-due accounts receivable. In addition, payments of rent not delivered within ninety (90) days of the due date will be assessed a late fee equal to five (5%) of the original amount due. All payments of rent shall be made payable to the Senator Bob Martin Eastern Agriculture Center. Proposer will provide to the Landlord on a monthly basis, copies of filed monthly Sales Tax and Use Tax Return (Form E-500) submitted to the North Carolina Department of Revenue, as it pertains to this specific business operation only. Proposer will provide reasonable access to all financial records pertaining to this contract for auditing purposes. Proposer’s financial records for this proposal must be maintained separate and apart from personal accounts and other private interests not covered by this proposal. Records shall be maintained in a manner conforming to generally accepted accounting practices. ACCEPTANCE AND REJECTION The right is reserved by the State to accept or reject any and all proposals or to waive any informality in the Proposals. SAVE HARMLESS Proposer agrees to indemnify and save harmless the State of North Carolina and all of its agencies from any claim for damage to any person or groups which occur on account of the use of the demised premises by its agents, servants, employees, licensees and invitees. INSURANCE Proposer shall at its sole cost and expense procure and maintain in full force and effect during the term of the lease from an insurance company duly authorized to do business in North Carolina, insurance as appropriate for the conduct of the lease: 1. General Liability Coverage, on a Comprehensive Broad Form on an occurrence basis in the minimum amounts of $1,000,000 / $5,000,000 Combined Single Limit (C.S.L.). (Defense cost shall be in excess of the limits of liability) In addition, there shall be sub-limits of $1,000 premises medical payment per person; $10,000 premises medical payment per accident; and $100,000 care custody and control. Proposer will keep in effect at all times fire legal liability insurance with a minimum amount of $500,000 to cover damages caused by the negligence of the Proposer. 2. Workmen’s Compensation Insurance covering all of Proposer’s employees who are engaged in any work under the lease in keeping with all applicable laws. (State Statutory Limit) 3. Automobile Liability Insurance covering all of Proposer’s vehicles operating at the Senator Bob Martin Eastern Agriculture Center in keeping with all applicable laws. 4. Product liability insurance in the amount of $1,000,000 for bodily injury, including death, each person. 5. Alcohol liability insurance in the amount of $1,000,000, if a component of the proposal. Proposer shall furnish to the State certificates evidencing insurance coverage before operation commences under the Lease. The State of North Carolina shall be named as additional insured on all policies. All certificates or policies shall provide that the insurance company will give the State of North Carolina thirty (30) days written notice prior to cancellation or any changes in stated coverage of any such insurance. 7 LAWS Proposer shall comply and secure compliance, at his cost and expense with all the requirements of all local, State, and Federal laws in carrying out his obligations under this Lease. This lease contract shall be governed by the laws of the State of North Carolina. SELECTED PROPOSAL Supporting documentation for all properly submitted proposals will be evaluated to determine the qualified proposals. Evaluation of qualified proposals will be based on: desirability of the proposal as to how it will complement the total operation of the Senator Bob Martin Eastern Agriculture Center, demonstrated ability of the proposer(s) to execute the proposal submitted, demonstration of sufficient funds for the execution of the proposal submitted, the amount of rent offered, and all relevant factors that might affect the public interest. Proposal forms for all proposals determined to be qualified will be evaluated for proper execution. The selected proposal will be the qualified proposal judged by the State to be in the best interest of the State. DESCRIPTION OF SPACE OFFERED The lease premises includes approximately 994 sqft. of specific space in the show arena. All alterations and improvements made to the premises at the Proposer’s expense shall become the property of the Landlord at the termination of the Lease or the vacation of the premises by the Proposer. It is further agreed that upon the termination of the Lease or the vacation of the premises by the Proposer any alterations or improvements made by the Proposer will be removed at the Landlord’s request, even if permanently affixed, at the Proposer’s sole expense and the premises restored by the Proposer to a condition comparable to that in which they were prior to the letting of the Lease. The Landlord reserves the right to enter and inspect the premises at any time. LANDLORD RESPONSIBILITIES A. For the facility at the Senator Bob Martin Eastern Agriculture Center, Landlord agrees to provide: 1. All utilities as they currently exist in the buildings including but not limited to electric, gas, water and sewer. 2. Adequate garbage and refuse containers, garbage service and grease disposal service. 3. The existing commercial kitchen space containing a 3-section stainless steel sink and exhaust hood along with gas, electrical and plumbing hookups for commercial kitchen equipment. 4. Maintenance for the roof, exterior of the building, wiring, and plumbing furnished and installed by the Landlord, provided however that any such repairs are necessitated by the negligence or willful act of Proposer, its agents, employees and invitees shall be done by the Proposer. 5. Maintenance of ceilings, and lighting on interior of the building per standards set by the Martin County Health Department. 6. A designated parking area for employees. 7. Routine Maintenance of HVAC system. 8. Landlord will conduct all required inspections of fire suppression systems and proposer shall promptly correct all deficiencies for which they are responsible within 30 days. B. The Landlord is not responsible for interruption of electrical power or power failure. Proposer is encouraged to install alert systems on devices needing uninterrupted power. C. The Landlord will maintain permanent fixtures attached to the building that is owned by the State in the facilities of this lease agreement. 8 D. The Landlord shall not be obligated to rebuild or repair any of the subject premises if destroyed or rendered unusable due to the actions of the Proposer or any employees of the Proposer. E. The Landlord reserves the right to close, temporarily or permanently, any of the facilities, or any portion thereof which are subject to this Contract if needed for repairs. If the facilities are destroyed as a result of fire, earthquake, hurricane, tornado or other catastrophic natural event or act of God, the facilities may be rebuilt. Consideration will be given to the Proposer in the event of such disaster. PROPOSER RESPONSIBILITIES A. General 1. Proposer shall have exclusive right to provide food and beverage service to all events held in the show arena governed by this contract, unless an exemption is given by the Landlord or if the event organizer does not desire food and/or beverage service. Food and beverage service must be supplied for duration of event hours. Beverage service may include alcohol. 2. Proposer is required to provide proper ABC permits for beer and fortified wine. 3. Proposer will provide food and beverage service, appropriate to the size and nature of the event and will include popular fast food and snack foods. Adequate personnel shall be provided to serve all size events in a timely manner, keeping lines to a minimum. Proposer will serve a variety of plate meal options when requested by Landlord or as event size and length dictate. 4. Proposer shall have the first right to cater to events in the facilities at management’s discretion. Other vendors or food trucks may operate at other areas of the facilities at management’s discretion, not near or in the show arena unless the restaurant is allowed to be closed. 5. Proposer is requested to provide food products produced and/or supplied by North Carolina producers and/or vendors, although this is not a requirement. 6. Proposer shall be available for contact by phone, email and text by Landlord regarding events and their setup during regular business hours and on weekends as necessary. 7. Proposer shall also communicate with event organizers to facilitate better servicing of events with response and corrective action promptly. 8. Proposer shall not assign, transfer, convey, sublet or otherwise dispose of the Contract, or any part thereof, to any person, partnership, company or corporation without prior written approval of the Landlord. 9. Proposer agrees that he shall at the end of the term of this agreement quit and surrender the premises and equipment owned by the State of North Carolina in as good a state and condition as they were at the commencement of this agreement, reasonable wear thereof and damages by the elements are expected. 10. Proposer may not utilize the Landlord’s utilities or property to service functions that occur off of the property unless there is prior written approval from the Landlord. 11. Proposer must keep all stored equipment and supplies necessary and relevant for on-site operations only in an orderly manner while on Landlord’s Property and only in areas designated by the Landlord. Landlord has the right to make inspections without prior notification as deemed necessary and appropriate. 12. Proposer will be responsible for obtaining and maintain all permits, license, training, certifications, and insurance coverage required during the term of the agreement. B. Operating 1. Proposer will procure all permits and licenses and pay all charges and fees necessary and incidental to the due and lawful conduct of the services. They shall keep fully informed of all existing and future Federal, State and local laws, ordinances and regulations which in any manner may affect the fulfillment of the Lease and shall comply with it. 2. Proposer will schedule a regular quarterly meeting with the Agricultural Center personnel and at other times as necessary. 3. The Landlord will be reimbursed for fraudulent or negligent acts committed by the Proposer’s employees. 9 4. The facilities' equipment will not be removed from the State's premises. If any of the Landlord’s equipment needs to be moved from one location to another location on the premises, the Proposer must seek approval from the Landlord. 5. The Landlord’s equipment must be properly maintained and operated. Ventilation hoods and fans must be maintained and cleaned by the proposer a minimum of twice a year. 6. Ice Machines should have a water maintenance plan, should be drained quarterly. 7. All requirements regarding advertising (on and off the premises) must meet with prior review and approval by the Landlord. 8. No alterations will be made to the facilities without prior approval. No additions or changes to the site or the structural, electrical, plumbing, mechanical, or HVAC systems on the leased premises shall be made without the written approval of the Landlord. The Landlord may require the Proposer to furnish plans and specifications prepared by registered Architects and/or Engineers to use as factors in deciding whether or not to approve changes proposed by the Proposer. Proposer shall, if requested, return the leased premises and structure to the same condition as existed upon original occupancy by the Proposer, excluding normal wear and tear. 9. Any contractor employed by the Proposer to provide such alteration or up-fitting shall be appropriately licensed by the State of North Carolina. Said Contractor shall provide and maintain, during the life of the contract, Comprehensive General Liability Insurance, including coverage for Premises Operations Independent Contractor, Completed Operations, Products and Contractual Exposures, as shall protect such Contractors from claims arising out of any bodily injury, including accidental death, as well as from claims for property damages which may arise from operations under the contract, whether such operations by the Contractor or by any Subcontractor, or by anyone directly or indirectly employed by either of them and the minimum limits of such insurance shall be as follows: a. Bodily Injury............$1,000,000 per occurrence b. Property Damage.......$3000,000 per occurrence $1,000,000 aggregate $1,000,000 Combined Single Limit shall satisfy both conditions 10. The Proposer will maintain all food preparations, food service, receiving dock area, and dining areas in a clean manner and will dispense of waste and grease properly. Table clearing, floor care and interior trash removal will be the Proposer’s responsibility. 11. The Proposer will be responsible for providing all equipment necessary to meet the requirements for providing food and beverage service except the existing exhaust hood and 3-section stainless steel sink. 12. The Proposer will be responsible for maintaining/cleaning the flooring and walls. 13. The Proposer will be responsible for keeping drain lines free of food waste and grease. 14. Menus and prices must be posted at all sales areas. Pricing cannot be increased without the written approval of the Landlord. 15. Proposer will be responsible for rodent and pest control in the leased premises. 16. The Proposer will be required to operate at least one (1) hour before event and at other times when the event organizer requests, or the Landlord deems necessary. 17. Proposer will not provide drive through service as part of the business operated on the premises. 18. Proposer will not sell NC Education Lottery chances nor act as an agent of any game of chance, legal or illegal, within the leased premises. 19. Proposer will not offer live animals as part of business conducted within the lease premises. 20. Proposer shall maintain a sanitation rating of Grade “A” or equivalent at all times with the Martin County Health Department or other authority having jurisdiction. 21. Proposer shall correct, within thirty (30) days notification, all deficiencies for which Proposer is responsible under the Lease noted by the NC Department of Insurance during its annual inspection of the Premises. C. Product 10 1. Food must be fresh, of good quality, cooked and prepared on the premises. Fresh is defined as not out of date on packaging, spoiled, freezer burned, and any other terms that are under the Martin County Health guidelines. Food will be prepared from market fresh items when in season. 2. When served, breakfast items will be selected from but not restricted to fresh fruit, hot and cold cereals, eggs, lean bacon, country ham (center and end slices), link and patty sausage, grits, stewed apples, toast, milk, coffee and juices. 3. When served, lunch and supper items will be selected from but not restricted to hotdogs, hamburgers, barbeque pork and chicken, meatloaf, hot soups, chili, steak, pork shops, fish, pasta dishes, ethnic foods, mashed potatoes, rice, bread, roast meat, fried chicken, pizza, fresh vegetables, congealed salads, green salads, casseroles, fresh fruit, pies, cakes, cobbler, tea, coffee, juices, and soft drinks. Low calorie and/or low sodium items may be required. 4. Menus will be renewed and rotated, with the uppermost goal of having adequate selection, superior quality and variety for the consumer. The Landlord will approve all menus and prices. D. Personnel 1. Personnel considered objectionable by the Landlord will not be retained. 2. Proposer will be an equal opportunity employer. 3. Proposer will not be permitted to use subcontractors or independent contractors for food and beverage service on the premises and shall use only its own employees unless approved by the Landlord. All benefits will be the responsibility of the employer. 4. Proper attire for all employees will be required. “Tank Tops” and “T-shirts” with distasteful statements or pictures WILL NOT be allowed. Shirts with Proposer’s name or logo and name tags are required for all Proposer employees on duty. NC Senator Bob Martin Eastern Agriculture Center shirts will not be allowed for Proposer’s staff on duty. 5. No Proposer’s officer or employee can be employed by the North Carolina Department of Agriculture and Consumer Services. If employed by another State of North Carolina Department, the Proposer must submit employee’s written disclosure, “Request for Approval of Secondary Employment, as required by Section 3 of the NC State Human Resources Manual to the Landlord. 6. Proposer and Proposer’s personnel shall conduct themselves in a professional manner at all times. Failure to do so may result in exclusion of that person from the facilities or termination of the contract. Any conflicts, disturbances, problems, etc. should be reported to Security immediately. Security will then notify the Landlord of the situation. E. Financial 1. Proposer will make no purchases or charges of any type in the name of the North Carolina Department of Agriculture and Consumer Services or the Senator Bob Martin Eastern Agriculture Center. 2. Payments are due monthly at the Senator Bob Martin Eastern Agriculture Center Office by the 10th day of each month. Payments of rent not delivered within thirty (30) days of the due date will bear interest beginning on the due date at the rate established by law for State agency past-due accounts receivable. In addition, payments of rent not delivered within ninety (90) days of the due date will be assessed a late fee equal to five (5%) of the original amount due. All payments of rent shall be made payable to the Senator Bob Martin Eastern Agriculture Center. 3. Proposer will provide to the Landlord on a monthly basis, copies of filed monthly Sales Tax and Use Tax Return (Form E-500) submitted to the North Carolina Department of Revenue, as it pertains to this specific business operation only. Proposer will provide reasonable access to all financial records pertaining to this contract for auditing purposes. Proposer’s financial records for this proposal must be maintained separate and apart from personal accounts and other private interests not covered by this proposal. Records shall be maintained in a manner conforming to generally accepted accounting practices. 4. Proposer shall meet all financial obligations in accordance with terms agreed upon when contracting for service or supplies. F. Termination and Forfeiture 11 1. If Proposer shall fail to make any payment of rent when due or shall fail to comply with any agreement herein contained or any of the rules commenced by or against it in any legal proceeding to declare it bankrupt, insolvent, or unable to pay its debts, or shall make a general assignment for the benefit of its creditors, Landlord may enter and take possession of the premises and expel Proposer, therefrom, using such means and force as may appear expedient, without prejudice to other remedies available to Landlord. And, in such event, Proposer hereby expressly waives notice to quit possession and such other formalities or conditions as may be required by law. 2. No entry by Landlord under this lease shall bar Landlord from the recovery of rent or damages for the breach of this lease by Proposer, nor shall the receipt of rent by Landlord after any such breach or delay by Landlord in enforcing its rights hereunder be deemed a waiver of any rights or privileges granted Landlord by this Lease. 3. All alterations and improvements made to the premises at the Proposer’s expense shall become the property of the Landlord at the termination of the Lease or the vacation of the premises by the Proposer. It is further agreed that upon the termination of the Lease or the vacation of the premises by the Proposer any alterations or improvements made by the Proposer shall be removed at the Landlord’s request, even if permanently affixed, at the Proposer’s sole expense and the premises restored by the Proposer to a condition comparable to that in which they were prior to the letting of the Lease. 12 PROPOSAL FORM (Must be submitted electronically for proposal to be accepted) Name______________________________________________________________________________ Firm Name______________________________________________________________________________ Address____________________________________________________________________________ Telephone______________________________________Fax_________________________________ Lease term three (3) years effective _______________ or a date satisfactory to the State, plus __ 1-year renewal period(s) upon mutual agreement to by both parties. I. Rental: I propose the following minimum annual rental during year one (1) of the three (3) year term of the lease. Rental for the year must be expressed as a flat rate. Percentages of sales are not acceptable. A MINIMUM INITIAL ANNUAL RENTAL OF $20,000 IS REQUIRED FOR YEAR 1 OF THE TERM. The annual rental increases will begin in year 2 of the agreement. Year 1 _______________ ($20,000 minimum) Annual increases of ___% beginning in Year 2 of the term and renewal years (2% minimum) II. The selected proposer must register as a legal entity, if applicable, under North Carolina Law before the transaction is placed on the Council of State agenda. Failure to register may result in a delay of the approval process or rejection of the proposal. III. I have read and accept the request for proposals (specifications) pages 2. through 8. and all attachments and stipulate that this proposal is made in keeping with the requirements therein. I understand that this proposal will be evaluated on the basis of: desirability of the proposal as to how it will complement the total operation of the Senator Bob Martin Eastern Agriculture Center, demonstrated ability of the proposer(s) to execute the proposal submitted, demonstration of sufficient funds for the execution of the proposal submitted, the amount of rent offered, and all relevant factors that might affect the public interest. I further realize that the State may reject this proposal for any reason it deems warranted. Signature________________________________ Date ______________________ Signature________________________________ Date ______________________ 13 NOTE: All proposals shall be submitted electronically via the North Carolina Business Invitation Delivery System (NC BIDS). The cut-off date for proposals: MARCH 22, 2023 at 4:00PM. 14 ATTACHMENT A SENATOR BOB MARTIN EASTERN AGRICULTURE CENTER (aerial view) EXTERIOR VIEW OF COLLISEUM SHOW ARENA