AMENDMENT#2

RFP 030817

BEAVER DAM SERVICE AREA

Approximately 9+- acres

OPERATION OF GENERAL MERCHANDISEAND FUEL SERVICE FACILITIES

OFF WENDELL H. FORD WESTERN KENTUCKY PARKWAY

Questions and Answers

From

Written Questions received and Questions from Offerors Conference held 2/8/17

1. Do you happen to know how many gallons of fuel the previous operator was pumping each

month?

No, the Commonwealth was not provided this information under the previous

agreement.

2. What is the approximate rent the state is asking?

Per the RFP (page 20), the initial minimum bid acceptable is $15,000 per month

3. Does one person have to lease whole facility or there could be one person for

gas/convenience and other for restaurant side?

The selected Offeror/Lessee is fully responsible for all mandatory requirements of the

RFP/lease. However, services may be subleased as long as the agreements are given

prior approval by the Commonwealth.

4. Is there a contract for purchasing fuel?

The Commonwealth does not have an agreement for fuel or any other agreements

currently in effect at the site.

5. Is it possible to view the inside of the building?

One site visit (Offeror’s Conference) was held on February 8th and a second

site visit will be held on February 24, 2017 from 9:00 a.m. CST (10:00 a.m.

EST) to 12:00 p.m. CST (1:00 p.m. EST)

6. May we please have the gas and diesel sales by grade?

The Commonwealth was not provided this information under the previous agreement. 7. What is the current condition of the underground storage tanks?

Unknown

8. What are the ages of the underground storage tank?

KYTC’s assume that the tanks are approximately 21 years old, since that is the

timeframe of the start of the previous lease, but that has not been verified.

9. Is there any flexibility in the opening date once the contract has been signed?

The RFP states a three (3) month period after execution of the lease for the site to be

operational; however, in Section 20 of the Lease Sample (Exhibit D), there is language

concerning acts beyond control of the Lessee pertaining to performance of the lease.

10. Is there an ability to expand the building to include more square footage for a possible second

food chain?

KYTC has not placed restrictions on the site, but they should be similar in scope to the

RFP, which would include a restaurant.

11. What is the age of the roof and the materials it is made of?

KYTC’s assume that the roof is approximately 21 years old, since that is the timeframe

of the start of the previous lease, but that has not been verified and the materials are

not known.

12. Is there a floor plan of the building?

No, a floor plan has not been located.

13. Did Arby's run the convenient store?

The previous agreement was with RTM ACQUISITION COMPANY, LLC only and

the Commonwealth was not a party to other agreements.

14. Are there other agreements in place on the property?

The Commonwealth only had an agreement with RTM ACQUISITION COMPANY,

LLC which is no longer in effect.

15. Is the property in the City Limits or Ohio County?

Ohio County

16. Are alcohol sales permitted?

KYTC has not restricted alcohol sales but the property is subject to all local, state, and

federal laws.

17. Can the site be opened up more by removing the concrete in the center?

KYTC has not placed restrictions on the site, but they should be similar in scope to the

RFP

18. Can an interested party schedule a site visit so that an engineering study may be conducted?

One site visit was held on February 8th and a second site visit will be held on

February 24, 2017 from 9:00 a.m. CST (10:00 a.m. EST) to 12:00 p.m. CST

(1:00 p.m. EST). Studies may be performed during this time.

19. Does the 9 1/2 acre area include the potential truck parking expansion area?

KYTC confirmed the approximate acreage for the site without including the expansion

area is 9 ½ acres

20. Will answers to questions be sent directly via email?

Yes, if your email address was provided, answers will be sent directly as well as posted

with the RFP.

21. Have the underground storage tanks been replaced? Unknown. What material are they made

of? Unknown.

22. Can the previous lessee contact information be provided?

A copy of the previous lease is included as Exhibit A.

23. Is the opening date to have the facility operational (90 days from lease signing) negotiable?

Please see question #9 What if issues are discovered? Please see question #9

24. Is it possible to build another structure in the expansion area identified for truck parking?

KYTC has not placed restrictions on the site, but they should be similar in scope to the

RFP

25. Who maintains the pole lighting on the site?

The Lessee is responsible for lighting in the the parking lot areas. It is possible the

expansion area may contain 2 KYTC light poles (one on the east and one on the west).

If that is the case, KYTC will continue to maintain those poles.

26. Is it possible to view utility bills for the property?

KYTC was not provided this information.

27. Is the storage building on the same meter as the main building?

KYTC assumes this is the case, but it has not been verified.

28. Has the main building been winterized since the previous lessee vacated?

KYTC had the water turned off and drained the pipes

29. In Exhibit I, is the list of violations associated with the property?

No, the list of violations is associated with the entity submitting a proposal, not

violations associated with the property itself.

30. Are there restrictions associated with signage of the site?

Yes, see page 11 of the RFP in the Signage section--all signage must be approved by

KYTC prior to installation.

31. Is there additional financial information available for the previous lessee?

KYTC does not have additional information.

32. What is the date the property can be taken over?

The date the lease is executed by the Commonwealth; however, construction may not

begin until all Commonwealth approvals have been received.

33. What is the first date rent will be due? Is it the day the lease is signed?

Yes, rent is owed the date the lease is executed by the Secretary of Finance.

34. When does the property have to be ready for operation?

The RFP states the site has to be operational within 3 months of execution of the lease.

35. Is there a delay for the rent to start after the site is operational (after the 3 month renovation

period)?

The RFP and lease do not have a delay for rent to start after renovation.

36. Are there fees or percentages added on for payments due for additional agreements on the

site?

The lease rate is a flat fee per month with no additional charges. However, the

Commonwealth must pre-approve all agreements or subleases associated with the

property.

37. Is the reason the previous lessee is no longer operating because they did not submit

appropriate paperwork?

The previous operator’s lease term ended January 2, 2017, per the attached Exhibit A.

38. What will the new lease require as far as reporting and how often?

Specific reporting requirements have not been established at this time; however,

Section #46 of the Sample Lease (Exhibit D) does speak to the Lessee’s requirement to

provide access to information associated with the Lease and 200 KAR 5:314 speaks to

audit requirements for all state contracts

39. Is the lift station within the leased area and if so, who is responsible for it?

Per KYTC, the lift station is within the lease area, and it will be the full responsibility of

the successful lessee to manage and maintain this unit or provide an alternative (subject

to review/approval from the Commonwealth) for sewer for the site, as all utilities are

the responsibility of the selected Offeror/Lessee.

40. What is the condition of the underground storage tanks? Unknown.

41. Are there any highway plans known at this time that would re-route traffic which would

impact this property?

Per KYTC, none at this time.

42. Is there existing legislation that requires transgender restrooms?

Not to KYTC’s knowledge

43. Does the information in Exhibit C represent rent?

Yes, that is the amount KYTC was paid based on a percentage of sales.

44. What does it mean on page 20 of the RFP where it states 50 points will be awarded?

The highest flat rate of rent per month will receive the full 50 points.

45. Is it possible to have an area for motor homes on the site? Possibly in the expansion area.

KYTC has not placed restrictions on the site, but they should be similar in scope to the

RFP. Motor homes are considered outside the scope of this RFP.

46. Has the truck parking been adequate in the past?

The RFP does state extra points will be awarded for expanded truck parking.

47. Has the building been temperature controlled since the previous lessee vacated?

The building has not been temperature controlled since it was vacated. At this time, KYTC

has the turned on the heat at a low level.

48. Has the building had any frozen pipes? KYTC is not aware any issues with frozen pipes,

but that has not been verified and the property is offered As-is.

49. With reference to the fuel operation, when is the last time it was checked and are repairs

needed?

KYTC indicated the fuel operation was checked on approximately January 11, 2017, and

KYTC has no knowledge of needed repairs but the property is offered As-is.

50. Is it the lessee's responsibility to make repairs, if needed, to the fuel operation or is it the

state's?

The property is offered As-is and the underground storage tanks will be the full

responsibility of the Successful Offeror/Lessee with ownership of the tanks transferred at

the time the lease is signed.

51. Is the equipment in the facility in working order?

The property is offered As-is so nothing within the leased premises has warranties or

guarantees.

52. Why was there a picture of a reptile in the site report? Unknown. Are reptiles a concern?

Not to KYTC’s knowledge

53. Did Arby's provide all services at the site under the last agreement?

The Commonwealth's agreement was with RTM ACQUISITION COMPANY, LLC and it

is possible RTM ACQUISITION COMPANY, LLC had agreements with other entities for

services offered. However, when a new lease is in place, the lessee must seek pre-approval

for any agreement or sublease associated with the site.

54. What needs to be included in the proposal? Only immediate plans or future plans that may

not occur within the 3 month time frame to get the site operational?

All plans should be included as well as timeframe estimates for completion.

55. Does the visitor’s center information remain with the building?

KYTC has only required the successful Offeror/Lessee to provide a small desk space for

the Ohio County Tourism Group. Specific terms of that agreement must be defined by the

Lessee and said group and approved by the Lessor.

56. Will a rack for the pamphlets suffice or does the desk have to be staffed? See #55. Who

provides the employee?

The successful Offeror/Lessee will not be responsible for staffing this area.

57. What is the condition of the HVAC System? Unknown.

58. Is the refrigeration unit(s) on the roof? Unknown.

59. What is the term of the Lease with the Commonwealth of Kentucky? Please see Section #2

of the Sample Lease (Exhibit D to RFP). Said term is 20 years. What are the extension

options? Please see Section #3 of the Sample Lease (Exhibit D to RFP). Option of two (2)

extensions of five (5) years each.

Exhibit A to follow

End of Exhibit A and End of Amendment #2 of RFP 030817