CHAPTER 3. LEASING OF STATE LAND FOR LODGING AND FOOD FACILITIES
IC 14-18-3
Chapter 3. Leasing of State Land for Lodging and Food Facilities
IC 14-18-3-1
Legislative intent
Sec. 1. It is the intent and purpose of this chapter to do the
following:
(1) Provide means for the construction of adequate food and
lodging facilities for the guests of Indiana state parks and
recreation areas without the expenditure of public money.
(2) Solicit and encourage the use of private capital to provide
food and lodging facilities.
(3) Provide more attractive recreational facilities for tourists
seeking vacation sites in Indiana.
As added by P.L.1-1995, SEC.11.
IC 14-18-3-2
Lease and contract powers of department
Sec. 2. (a) The department may do the following:
(1) Lease state owned land that is under the management and
control of the department.
(2) Lease federally owned land that is under the control and
management of the department.
(3) Contract for the construction and operation of lodging and
food facilities on the leased land.
(b) If the department determines that action under subsection (a)
would be in the best interests of the state park system, the lease and
contract may be negotiated and executed in the manner prescribed by
this chapter in addition to the methods permitted by other statutes.
As added by P.L.1-1995, SEC.11.
IC 14-18-3-3
Contents of lease and contract
Sec. 3. (a) A lease and contract authorized by section 2 of this
chapter must include in its terms the following provisions and
conditions:
(1) The legal description of the leasehold.
(2) The term of the lease, which may not exceed forty (40)
years.
(3) A stipulation that the lessor shall build and maintain access
roads to a lodging and food facility constructed and operated by
the lessee.
(4) Specifications controlling the construction of any lodging
and food facility to be constructed and operated by a lessee that
state the following:
(A) The number and size of sleeping rooms and bathroom
facilities.
(B) The size and capacity of the kitchen and dining facilities.
(C) The size of patio, lobby, lounge, and meeting room
areas.
(D) The type and quality of construction.
(E) Other criteria and specifications that the department
considers necessary and advisable.
(5) The manner of payment of rental.
(6) A stipulation that the department has control and
supervision over the following:
(A) The maximum rates to be charged guests using the
lodging and food facility.
(B) The sanitary conditions of the facility.
(C) The quality of food and service furnished the guests of
the facility.
(D) The structural maintenance of the facility.
(7) The disposition of the leasehold and improvements at the
expiration of the lease.
(8) A prohibition on the sale of alcoholic beverages on the
premises.
(b) The lease and contract may prescribe other terms and
conditions that the department considers necessary and advisable to
carry out the intent and purposes of this chapter.
As added by P.L.1-1995, SEC.11.
IC 14-18-3-4
Initial draft of proposed lease and contract; notice of hearing
Sec. 4. (a) The department shall do the following:
(1) Draft and distribute copies of the following to the hotel and
motel industry:
(A) A proposed lease and contract.
(B) A notice of the time and place that the department will
hold a public hearing to consider the terms and conditions of
the proposed lease and contract.
(2) Submit a copy of the proposed lease to the office of tourism
development.
(b) The office of tourism development shall submit an evaluation
and recommendations for amendments for consideration before the
public hearing.
As added by P.L.1-1995, SEC.11. Amended by P.L.229-2005,
SEC.14.
IC 14-18-3-5
Hearing on proposed lease and contract
Sec. 5. (a) The department shall give at least sixty (60) days
notice of the public hearing by publishing notice in a newspaper of
general circulation in Indiana.
(b) At the public hearing, the department shall receive objections
and suggested amendments to the terms of the proposed lease and
contract from persons who are interested in leasing the land and
constructing lodging and food facilities.
As added by P.L.1-1995, SEC.11.
IC 14-18-3-6
Final draft of proposed lease and contract
Sec. 6. Following the hearing under section 5 of this chapter, the
department shall do the following:
(1) Prepare a final draft of the proposed lease and contract.
(2) Submit the lease and contract to the attorney general.
As added by P.L.1-1995, SEC.11.
IC 14-18-3-7
Notice to bidders
Sec. 7. If the attorney general approves the lease and contract, the
department shall give at least ten (10) days notice in a newspaper of
general circulation in Indiana notifying the public and prospective
bidders of the time and place that the department will receive bids.
As added by P.L.1-1995, SEC.11.
IC 14-18-3-8
Interview of bidders
Sec. 8. The department shall interview each bidder to discover the
resources and experience of the bidder.
As added by P.L.1-1995, SEC.11.
IC 14-18-3-9
Award of lease to highest and best bidder
Sec. 9. After the interview, the department may award the lease
to the highest and best bidder.
As added by P.L.1-1995, SEC.11.
IC 14-18-3-10
Execution of lease and contract
Sec. 10. A lease and contract must be executed by the authorized
agents of the state and by the lessee.
As added by P.L.1-1995, SEC.11.
IC 14-18-3-11
Additional and supplemental authority
Sec. 11. The authority granted to the department by this chapter
is in addition and supplemental to the authority granted to the
department by IC 14-19-1-2.
As added by P.L.1-1995, SEC.11.