Loading...
HomeMy WebLinkAboutRFP - P1056 LEASE FOR THE RESOURCE RECOVERY FARMREQUEST FOR PROPOSAL P1056 Lease Resource Recovery Farm Clty of Fort Collins The City of Fort Collins is requesting proposals from respondents to lease the Resource Recovery Farm site for Agricultural purposes. Written proposals, three (3) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), February 13, 2007. Proposal No. P1056. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort'Collins, 80522-0580. A Pre -Proposal meeting will be held at 10:00 a.m. January 25, 2007 in Conference Room 2E at 215 N. Mason in Fort Collins. Questions concerning the scope of the project should be directed to the Sr. Environmental Planner, Daylan Figgs, City of Fort Collins Natural Areas Program, P. O. Box 580, Fort Collins, CO 80522, (970) 416-2814. Questions regarding proposals submittal or process should be directed to John D. Stephen, CPPO, CPPB, Senior Buyer (970) 221-6777. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, httos://secure2.fcqov.com/bso/login.osp 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, Jam s B. O'Neill II, CPPO, FNIGP ctor of Purchasing & Risk Management 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 WWW.fcaov.com 23. Indemnification. Lessee agrees to indemnify and hold harmless the Lessor against all damages, claims, liabilities for injury or damage to person, property or whenever and by whomever brought and causes of action arising from or in anyway relating to the Lessee's possession or use of the Property. To the extent permitted by law, The Lessor shall be responsible for any damages, claims or liabilities arising from the Lessor's actions, or actions by its assigns or sub -contractors, relating to the Property. 24. Notices. Any notice by either party to the other shall be in writing and shall be deemed to be duly given only if delivered personally, or mailed by registered mail in a postage prepaid envelope addressed to the parties as follows: Lessee: Lessor: Natural Areas Program Manager City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 With a copy to: Real Estate Manager City of Fort Collins Colorado P.O. Box 580 Fort Collins, CO 80522 25. Conditions of the Agreement. It is further agreed by and between the Lessor and Lessee as follows: 25.1. That this Agreement may not be enlarged, modified, or altered, except as in writing, signed by all parties as an amendment hereto. 25.2 That no waiver of any breach of this Agreement shall be held or construed to be a waiver of any subsequent breach thereof. 25.3 That it is expressly understood and agreed by all parties hereto that in the performance of the obligations provided for in this Agreement, time is of the essence. 25.4 The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto and all covenants are to be construed as conditions of this Lease. 25.5 If either party must resort to legal action to enforce the terms of this Agreement, the prevailing party shall be entitled to its reasonable costs and attorney fees incurred as a result of the litigation. 25.6 If any provisions of this Lease shall be declared invalid or unenforceable, the remainder of this Lease shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have signed this Agreement the day and year first written above. LESSEE: Date: STATE OF ) ) ss COUNTY OF ) Subscribed and sworn to before me this and Lessee. Witness my hand and official seal. My Commission expi Date: ATTEST City Clerk APPROVED AS TO FORM: Assistant City Attorney day of Notary Public LESSOR: , 2007 by City of Fort Collins, Colorado, a Municipal Corporation By. City Manager EXHIBIT A Legal Description of Leased Propertv Administrati— cP ;ces PurchasinP REQUEST FOR PROPOSAL P1056 Lease Resource Recovery Farm City of Fort Collins The City of Fort Collins is requesting proposals from respondents to lease the Resource Recovery Farm site for Agricultural purposes. Written proposals, three (3) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), February 13, 2007. Proposal No. P1056. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. A Pre -Proposal meeting will be held at 10:00 a.m. January 25, 2007 in Conference Room 2E at 215 N. Mason in Fort Collins. Questions concerning the scope of the project should be directed to the Sr. Environmental Planner, Daylan Figgs, City of Fort Collins Natural Areas Program, P. O. Box 580, Fort Collins, CO 80522, (970) 416-2814. Questions regarding proposals submittal or process should be directed to John D. Stephen, CPPO, CPPB, Senior Buyer (970) 221-6777. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, https://secure2.fcgov.com/bso/login.osp 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management 215 North Mason Street • 2°d Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 wwNvA%!ov.com REQUEST FOR PROPOSAL P1056 Lease Resource Recovery Farm DESCRIPTION: This site is City owned and consists of approximately 110 irrigated acres (fields "1, 2, 6, 7, 8, and 9). (map of property is attached). This property has not been used for crop production for several years, therefore some maintenance and repair is needed for water delivery. USE OF PROPERTY: The lessee shall use that portion of the property which is arable land for the cultivation of crops (small grain, corn) and/or growing hay. Currently no fields are in production. Up to 6 shares of Lake Canal water and Sand Dike (delivery only) are available for irrigation. The city will pay all assessment fees for Lake Canal and Sand Dike. Proposals shall provide for maintenance, repairs, and operations which are to equal or exceed all the conditions included in the lease agreement shown here in Exhibit "B". TERMS: A five year lease starting January 1, 2007 and ending December 31, 2011. REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING QUALIFICATION STANDARD FACTOR 2.0 Scope of Does the proposal show an understanding of the project Proposal objective, methodology to be used and results that are desired from the project? 2.0 Assigned Do the persons who will be working on the project have the Personnel necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Do the proposed cost and work hours compare favorably Work Hours with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? Reference evaluation (Top Ranked Firm) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? EXHIBIT "B" LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into on the date set forth hereinafter, and effective as of the 1st day of January 2007, by and between City of Fort Collins, hereinafter referred to as the "Lessor", and XXXXX hereinafter referred to as "Lessee". WITNESSETH: WHEREAS, the Lessor is the owner of certain lands and improvements in Larimer County described and depicted on Exhibit "A", which is attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the Lessee desires to lease said Property for the purpose of hay and crop production; and WHEREAS, on xxxx, the Fort Collins City Council approved Resolution xxxx which authorized the leasing of the Property. NOW THEREFORE, for and in consideration of the mutual covenants and obligations herein expressed, the monetary payment hereinbelow recited, the receipt and adequacy of which is hereby acknowledged, it is hereby mutually covenanted and agreed by and between the parties as follows: 1. Property. The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor the Property as described on Exhibit "A". 2. Term. 2.1 The initial term of this Lease shall be for a period of one (1) year commencing upon signing and terminating without further action by either party at midnight on December 31, 2007. 2.2 The lease may be extended on a year-to-year basis for a period of 4 years after December 31, 2007 on the terms and conditions acceptable to both parties, but neither party has the obligation to extend the lease for any year beyond the initial term. 2.3 In the event termination of the Lease by either party under Section 2.2 above, Lessee shall remove all personal property or improvements not owned by Lessor within 90 days. If Lessee fails to remove said personal property within the above time limit, the Lessee hereby grants the Lessor the absolute right to keep, convey, destroy, or otherwise dispose of it in any manner Lessor chooses, and in addition, Lessee agrees to pay any net costs incurred by Lessor in doing so, within ten (10) days of receipt of Lessor's statement of costs therefore. 2.4 The Lessor reserves the right to perform management activities at any time during the year. Any management activity that has the potential to influence farming practices will be coordinated with the Lessee. 2.5 The Lessor reserves the right to open the Leased Premises to public use at any time during this Lease. Any modification to farming practices will be coordinated with the Lessee. 3.0 Rent. The Lessee shall pay to the Lessor, at 200 West Mountain, or at such other place as the Lessor may from time to time designate, a rental of, with xxxx said annual rent payable in April, 2007, and the remaining xxxx payable on or before December 31, 2007. 3.1 Except as otherwise provided in this Lease, the Lessee shall pay the Lessor, during the entire twelve (12) month term of this Lease, XX dollars per acre of farmed land. 4. Permissible Uses of Property and Operations. Lessee agrees to use and occupy the Property only for the purposes of crop and grass production and for no other purpose whatsoever without the prior written consent of the Lessor. 5. Weed management. The Lessee shall be responsible for controlling noxious and toxic plants found upon the Leased Premises. The cost of labor to control such plants shall be the sole responsibility of the Lessee. The Lessor, however, shall be responsible for the cost of any herbicides or other materials necessary to control such plants. In using any herbicides or other materials to control noxious and toxic plants on the Leased Premises, the Lessee shall comply with all applicable federal, state, and local laws, rules, and regulations controlling the application and storage of such herbicides and materials. In addition, the Lessee shall indemnify and hold the Lessor, and its officers and employees, harmless from any and all claims, judgments, penalties, fines, costs, and attorney's fees that may result from the Lessee's use, application, and storage of such herbicides and other materials. 6. Water and Irrigation. It shall be Lessee's sole responsibility to manage irrigation water, electricity and/or equipment for the crop irrigation, through arrangements with the Owners or other such arrangements as are mutually agreeable to Lessee and the Lessor. The Lessor shall provide 6 shares of Sand Dike (right to use only) and 3.6 shares of Lake Canal water. 7. Crop Production. It shall be the Lessee's sole responsibility for all costs associated with producing the crop including all costs of tillage, seeds, seeding, fertilizer, irrigation management, weed management, and harvesting. 8. Condition of Property, Maintenance and Damage. Lessee stipulates that the Property has been examined and that they are, at the time of this lease, in good order and repair, safe, clean and in tenantable condition. Lessee acknowledges and agrees to take possession of the Property "as -is" and in its actual condition at the commencement of this Lease, and waives any claims related to said condition. If, during the term of this Lease, the Property or any part thereof shall be destroyed or so damaged by fire or other casualty as to become untenantable, then, at the option of the Lessor, the term hereby created shall cease; and this Lease shall become null and void from the date, of such damage or destruction; and the Lessee shall immediately surrender the Property and his interest therein to the Lessor; and the Lessee shall pay rent within said term only to the time of such surrender, provided, however, that the Lessor shall exercise such option to so terminate this Lease by notice in writing delivered to the Lessee within thirty (30) days after such damage or destruction. 9. Alterations and Improvements. Lessee shall make no alterations or improvements to the Property without prior written consent of the Lessor. All alterations, changes and improvements built, constructed, or placed on the Property by Lessee, with the exception of the fixtures removable without damage to the Property and movable personal property shall, unless otherwise provided by written agreement between the parties hereto, be the property of the Lessor upon construction and remain on the Property at the termination of this Lease. In addition, any and all major maintenance and repair of the Property, whether or not due to the Lessee's misuse, waste or neglect or that of its employees, agents, or visitors, shall be the sole responsibility of the Lessee at Lessee's expense. 10. Signs. The Lessee shall not affix, erect or maintain on the Property any sign or advertisement without first obtaining the Lessor's approval as to the sign or advertisement to be erected on the Premises. The Lessor hereby acknowledges that Lessee shall be entitled to erect such signs as it deems necessary to notify the general public of any unsafe conditions or prohibition on public access, without further advance notice from Lessee, provided such signs comply with the applicable Larimer County Sign Code. 11. Assignment and Sublease. The Lessee shall not assign, sublet or grant any concession or license for use of the Property or any part thereof without the prior written consent of the Lessor. The Lessor's consent to any given assignment, subletting, concession or license shall not be deemed to be a license. An assignment, subletting, concession or license obtained without the prior written consent of the Lessor, or an assignment or subletting by operation of law, shall be void and shall, at the Lessor's option, terminate this Lease. 12. Hazardous or Danaerous Materials 12.1 As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the state of Colorado or the United states Government. The term "hazardous material" includes, without limitation, any material or substance that is: (i) defined as a "hazardous substance" under appropriate state law provisions; (ii) petroleum; (iii) asbestos; (iv) designated as "hazardous substance" pursuant to section 311 of the Federal Water Pollution Control Act (33 U.S.C. section 1321); (v) defined as "hazardous waste" pursuant to section 1004 of the Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6903); (vi) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601); or (vii) defined as a "regulated substance" pursuant to Subchapter IX, Solid Waste Disposal Act (Regulation of Underground Storage Tanks) (42 U.S.C. Section 6991. 12.2 The Lessee shall not keep or have on the Property any article, item or thing of a dangerous, inflammable or explosive character that might unreasonable increase the danger of fire to the Property, or that may be subject to special handling or management requirements of federal, state or local laws. Nor shall the Lessee cause or permit any Hazardous Material to be brought upon, kept or used in or about the Premises by the Lessee, its agents, employees, contractors or invitees, without the prior written consent of the Lessor (which the Lessor shall not unreasonably withhold as long as the Lessee demonstrates to the Lessor's reasonable satisfaction that such hazardous material is necessary or useful to the Lessee's business and will be used, kept and stored in a manner' which complies with all laws regulating any such Hazardous Material). If the Lessee breaches this obligation, or -if the presence of Hazardous Material on the Property caused or permitted by the Lessee results in contamination of the Premises or if contamination of the Premises by Hazardous Material otherwise occurs for which the Lessee is legally liable to the Lessor for damage resulting therefrom, then the Lessee shall indemnify, defend and hold the Lessor harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, damages, arising from adverse impact or marketing of space, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the Lease term as a result of such contamination. This indemnification of the Lessor by the Lessee includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or groundwater on or under the Premises. Without limiting the foregoing, if the presence of any Hazardous Material on the Premises caused or permitted by the Lessee results in any contamination of the Premises, the Lessee shall promptly take all actions at his sole expense as are necessary to return the Premises to the condition existing prior to the introduction of any such Hazardous Material to the premises; provided that the Lessor's approval of such action shall first be obtained, which approval shall not be unreasonably withheld so long as such action would not potentially have any material adverse affect on the Premises. 13. Utilities. Lessee shall be responsible for arranging for and paying all utility services required on the Property for the Lessee's use. 14. Taxes, Real and Personal. 14.1 Lessee shall not be responsible for payment of any real property taxes and assessments imposed upon the Property. 14.2 The Lessee shall pay all sales and use taxes imposed as the result of the business conducted on the Property and all personal property taxes assessed against personal property situated thereon during the term hereof. 14.3 In default of the payment of any such taxes by the Lessee, the Lessor may pay the same (but shall be under no obligation to do so), and the amount so paid shall be due at the time of the next rental payment. However, it is understood that if the Lessor shall pay any such amount, the Lessor shall not waive any of their rights hereunder as a result of such default. 14.4 The Lessee shall not be required to pay any tax, assessment, tax lien or other imposition or charge upon or against the Property or any part thereof or the improvements at any time situated thereon so long as the Lessee shall, in good faith and with due diligence, contest the same or the validity thereof by appropriate legal proceedings, which shall, have the effect of preventing the collection of the tax, assessment, tax lien or other imposition or charge so contested, provided that, pending any such legal proceedings, the Lessee shall give the Lessor such reasonable security as maybe demanded by the Lessor to insure payment of the amount of the tax, assessment, tax lien or other imposition or charge and all interest and penalties thereon. 15. Hunting. Lessor shall have sole control of hunting on the Property. Lessee shall refer all hunting requests and claims of hunting rights by third parties to the Lessor. Hunting of any and all kinds will be prohibited on the Property unless allowed by written permission of the Lessor. 16. Right of Inspection/Study of Property. The Lessor, or the Lessor's assigns or contractors, shall have the right at all reasonable times, during the term of this Lease, to enter the Property for the purpose of inspecting or studying the Property and all buildings, grounds and improvements thereof, and agrees not to interfere with Lessee's use of the Property during said visits. 17. Surrender of Property. At the expiration of this Lease term or after termination notification from the Lessor, the Lessee agrees to quit and surrender the Property in as good a state and condition as it was at the time of commencement of this Lease, reasonable wear and tear and damages by the elements excepted. The Lessee agrees to be responsible and to reimburse the Lessor for any repairs to the Property required due to the Lessee's occupancy of the Property. 18. Default. If any default is made in the payment of rent, or any part thereof, at the times hereinbefore specified, or if any default is made in the performance of or compliance with any term, provision or condition hereof, this Lease, at the option of the Lessor, shall be terminated and forfeited, and the Lessor may reenter the Property and remove all persons and personal property therefrom. The Lessee shall be given written notice of any default or breach of the provisions of this Agreement and termination or forfeiture of the Lease shall not result if, within twenty (20) days after receipt of such notice, the Lessee has corrected the default or breach or has taken action reasonably likely to affect such correction within a reasonable time. In addition to the remedy specified above, the Lessor may in the event of a default avail itself of any other remedy available at law or equity. 19. Insurance. The Lessee, at his sole cost and expense, shall, during the term of this Lease, procure, pay for and keep in full force and effect a minimum of $300,000 liability insurance and shall furnish a certificate of insurance to Lessor showing the Lessor as additional insured. 20. Encumbrances. Lessee shall pay all costs and charges for work done by it or caused to be done by it, in or to the Property and for all materials furnished in connection with such work. In no event shall Lessee be entitled to cause or permit the establishment of any lien or other encumbrance on the Property. 21. Condemnation. 21.1 If, during the term of this Lease: (a) the title to the whole or substantially all of the Property shall be taken; (b) if the Property shall be deprived of adequate ingress or egress to or from all public streets and highways abutting the Property; or (c) if the Lessee cannot reasonably operate in the remainder of the Property the business being conducted on the Property at the time of such taking as the result of the exercise of the power of eminent domain hereinafter referred to as "proceedings", then this Lease shall terminate as of the date of such taking pursuant to such proceedings. For the purpose of construing the provisions of this Article, "proceedings" shall include any negotiated settlement of any matter involving a condemnation; and a "taking" shall be deemed to occur when title to the Property or possession thereof is acquired by the governmental authority, whichever first occurs. 21.2 If, during the term of this Lease, title to less than the whole or title to less than substantially all of the Property shall be taken in any such proceedings and the Lessee can reasonably operate in the remainder of the Property the business being conducted on the Property at the time of such taking, this Lease shall not terminate; and the monthly rental thereafter due and payable by the Lessee shall be reduced in such just proportion as the nature, value and extent of the part so taken bears to the whole of the Property. 22. Requirements of Law. At all times during the term of this Lease, Lessee shall observe and comply promptly with all then current laws, ordinances, resolutions, orders, covenants, restrictions, rules and regulations of the federal, state and local governments, and of all courts or other governmental authorities having jurisdiction over the Property or any portion thereof, including any requirements pertaining to construction activities whether the same are in force at the commencement of this Lease or are in future passed, enacted or directed. 23. Indemnification. Lessee agrees to indemnify and hold harmless the Lessor against all damages, claims, liabilities for injury or damage to person, property or whenever and by whomever brought and causes of action arising from or in anyway relating to the Lessee's possession or use of the Property. To the extent permitted by law, The Lessor shall be responsible for any damages, claims or liabilities arising from the Lessor's actions, or actions by its assigns or sub -contractors, relating to the Property. 24. Notices. Any notice by either party to the other shall be in writing and shall be deemed to be duly given only if delivered personally, or mailed by registered mail in a postage prepaid envelope addressed to the parties as follows: Lessee: Lessor: Natural Areas Program Manager City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 With a copy to: Real Estate Manager City of Fort Collins Colorado P.O. Box 580 Fort Collins, CO 80522 25. Conditions of the Agreement. It is further agreed by and between the Lessor and Lessee as follows: 25.1. That this Agreement may not be enlarged, modified, or altered, except as in writing, signed by all parties as an amendment hereto. 25.2 That no waiver of any breach of this Agreement shall be held or construed to be a waiver of any subsequent breach thereof. 25.3 That it is expressly understood and agreed by all parties hereto that in the performance of the obligations provided for in this Agreement, time is of the essence. 25.4 The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto and all covenants are to be construed as conditions of this Lease. 25.5 If either party must resort to legal action to enforce the terms of this Agreement, the prevailing party shall be entitled to its reasonable costs and attorney fees incurred as a result of the litigation. 25.6 If any provisions of this Lease shall be declared invalid or unenforceable, the remainder of this Lease shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have signed this Agreement the day and year first written above. LESSEE: Date: STATE OF ) ) ss COUNTY OF ) Subscribed and sworn to before me this day of and , Lessee. Witness my hand and official seal. My Commission expires Notary Public LESSOR: Date: ATTEST City Clerk APPROVED AS TO FORM: Assistant City Attorney , 2007 by City of Fort Collins, Colorado, a Municipal Corporation M City Manager EXHIBIT A Legal Description of Leased Property Administrati— cP ;ces PurchasinP REQUEST FOR PROPOSAL P1056 Lease Resource Recovery Farm City of Fort Collins The City of Fort Collins is requesting proposals from respondents to lease the Resource Recovery Farm site for Agricultural purposes. Written proposals, three (3) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), February 13, 2007. Proposal No. P1056. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. A Pre -Proposal meeting will be held at 10:00 a.m. January 25, 2007 in Conference Room 2E at 215 N. Mason in Fort Collins. Questions concerning the scope of the project should be directed to the Sr. Environmental Planner, Daylan Figgs, City of Fort Collins Natural Areas Program, P. O. Box 580, Fort Collins, CO 80522, (970) 416-2814. Questions regarding proposals submittal or process should be directed to John D. Stephen, CPPO, CPPB, Senior Buyer (970) 221-6777. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, https://secure2.fcgov.com/bso/login.osp 2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a copy of the Bid. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision -making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management 215 North Mason Street • 2°d Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • Fax (970) 221-6707 wwNvA%!ov.com REQUEST FOR PROPOSAL P1056 Lease Resource Recovery Farm DESCRIPTION: This site is City owned and consists of approximately 110 irrigated acres (fields "1, 2, 6, 7, 8, and 9). (map of property is attached). This property has not been used for crop production for several years, therefore some maintenance and repair is needed for water delivery. USE OF PROPERTY: The lessee shall use that portion of the property which is arable land for the cultivation of crops (small grain, corn) and/or growing hay. Currently no fields are in production. Up to 6 shares of Lake Canal water and Sand Dike (delivery only) are available for irrigation. The city will pay all assessment fees for Lake Canal and Sand Dike. Proposals shall provide for maintenance, repairs, and operations which are to equal or exceed all the conditions included in the lease agreement shown here in Exhibit "B". TERMS: A five year lease starting January 1, 2007 and ending December 31, 2011. REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING QUALIFICATION STANDARD FACTOR 2.0 Scope of Does the proposal show an understanding of the project Proposal objective, methodology to be used and results that are desired from the project? 2.0 Assigned Do the persons who will be working on the project have the Personnel necessary skills? Are sufficient people of the requisite skills assigned to the project? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Do the proposed cost and work hours compare favorably Work Hours with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? Reference evaluation (Top Ranked Firm) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? EXHIBIT "B" LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into on the date set forth hereinafter, and effective as of the 1st day of January 2007, by and between City of Fort Collins, hereinafter referred to as the "Lessor", and XXXXX hereinafter referred to as "Lessee". WITNESSETH: WHEREAS, the Lessor is the owner of certain lands and improvements in Larimer County described and depicted on Exhibit "A", which is attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the Lessee desires to lease said Property for the purpose of hay and crop production; and WHEREAS, on xxxx, the Fort Collins City Council approved Resolution xxxx which authorized the leasing of the Property. NOW THEREFORE, for and in consideration of the mutual covenants and obligations herein expressed, the monetary payment hereinbelow recited, the receipt and adequacy of which is hereby acknowledged, it is hereby mutually covenanted and agreed by and between the parties as follows: 1. Property. The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor the Property as described on Exhibit "A". 2. Term. 2.1 The initial term of this Lease shall be for a period of one (1) year commencing upon signing and terminating without further action by either party at midnight on December 31, 2007. 2.2 The lease may be extended on a year-to-year basis for a period of 4 years after December 31, 2007 on the terms and conditions acceptable to both parties, but neither party has the obligation to extend the lease for any year beyond the initial term. 2.3 In the event termination of the Lease by either party under Section 2.2 above, Lessee shall remove all personal property or improvements not owned by Lessor within 90 days. If Lessee fails to remove said personal property within the above time limit, the Lessee hereby grants the Lessor the absolute right to keep, convey, destroy, or otherwise dispose of it in any manner Lessor chooses, and in addition, Lessee agrees to pay any net costs incurred by Lessor in doing so, within ten (10) days of receipt of Lessor's statement of costs therefore. 2.4 The Lessor reserves the right to perform management activities at any time during the year. Any management activity that has the potential to influence farming practices will be coordinated with the Lessee. 2.5 The Lessor reserves the right to open the Leased Premises to public use at any time during this Lease. Any modification to farming practices will be coordinated with the Lessee. 3.0 Rent. The Lessee shall pay to the Lessor, at 200 West Mountain, or at such other place as the Lessor may from time to time designate, a rental of, with xxxx said annual rent payable in April, 2007, and the remaining xxxx payable on or before December 31, 2007. 3.1 Except as otherwise provided in this Lease, the Lessee shall pay the Lessor, during the entire twelve (12) month term of this Lease, XX dollars per acre of farmed land. 4. Permissible Uses of Property and Operations. Lessee agrees to use and occupy the Property only for the purposes of crop and grass production and for no other purpose whatsoever without the prior written consent of the Lessor. 5. Weed management. The Lessee shall be responsible for controlling noxious and toxic plants found upon the Leased Premises. The cost of labor to control such plants shall be the sole responsibility of the Lessee. The Lessor, however, shall be responsible for the cost of any herbicides or other materials necessary to control such plants. In using any herbicides or other materials to control noxious and toxic plants on the Leased Premises, the Lessee shall comply with all applicable federal, state, and local laws, rules, and regulations controlling the application and storage of such herbicides and materials. In addition, the Lessee shall indemnify and hold the Lessor, and its officers and employees, harmless from any and all claims, judgments, penalties, fines, costs, and attorney's fees that may result from the Lessee's use, application, and storage of such herbicides and other materials. 6. Water and Irrigation. It shall be Lessee's sole responsibility to manage irrigation water, electricity and/or equipment for the crop irrigation, through arrangements with the Owners or other such arrangements as are mutually agreeable to Lessee and the Lessor. The Lessor shall provide 6 shares of Sand Dike (right to use only) and 3.6 shares of Lake Canal water. 7. Crop Production. It shall be the Lessee's sole responsibility for all costs associated with producing the crop including all costs of tillage, seeds, seeding, fertilizer, irrigation management, weed management, and harvesting. 8. Condition of Property, Maintenance and Damage. Lessee stipulates that the Property has been examined and that they are, at the time of this lease, in good order and repair, safe, clean and in tenantable condition. Lessee acknowledges and agrees to take possession of the Property "as -is" and in its actual condition at the commencement of this Lease, and waives any claims related to said condition. If, during the term of this Lease, the Property or any part thereof shall be destroyed or so damaged by fire or other casualty as to become untenantable, then, at the option of the Lessor, the term hereby created shall cease; and this Lease shall become null and void from the date, of such damage or destruction; and the Lessee shall immediately surrender the Property and his interest therein to the Lessor; and the Lessee shall pay rent within said term only to the time of such surrender, provided, however, that the Lessor shall exercise such option to so terminate this Lease by notice in writing delivered to the Lessee within thirty (30) days after such damage or destruction. 9. Alterations and Improvements. Lessee shall make no alterations or improvements to the Property without prior written consent of the Lessor. All alterations, changes and improvements built, constructed, or placed on the Property by Lessee, with the exception of the fixtures removable without damage to the Property and movable personal property shall, unless otherwise provided by written agreement between the parties hereto, be the property of the Lessor upon construction and remain on the Property at the termination of this Lease. In addition, any and all major maintenance and repair of the Property, whether or not due to the Lessee's misuse, waste or neglect or that of its employees, agents, or visitors, shall be the sole responsibility of the Lessee at Lessee's expense. 10. Signs. The Lessee shall not affix, erect or maintain on the Property any sign or advertisement without first obtaining the Lessor's approval as to the sign or advertisement to be erected on the Premises. The Lessor hereby acknowledges that Lessee shall be entitled to erect such signs as it deems necessary to notify the general public of any unsafe conditions or prohibition on public access, without further advance notice from Lessee, provided such signs comply with the applicable Larimer County Sign Code. 11. Assignment and Sublease. The Lessee shall not assign, sublet or grant any concession or license for use of the Property or any part thereof without the prior written consent of the Lessor. The Lessor's consent to any given assignment, subletting, concession or license shall not be deemed to be a license. An assignment, subletting, concession or license obtained without the prior written consent of the Lessor, or an assignment or subletting by operation of law, shall be void and shall, at the Lessor's option, terminate this Lease. 12. Hazardous or Danaerous Materials 12.1 As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the state of Colorado or the United states Government. The term "hazardous material" includes, without limitation, any material or substance that is: (i) defined as a "hazardous substance" under appropriate state law provisions; (ii) petroleum; (iii) asbestos; (iv) designated as "hazardous substance" pursuant to section 311 of the Federal Water Pollution Control Act (33 U.S.C. section 1321); (v) defined as "hazardous waste" pursuant to section 1004 of the Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6903); (vi) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601); or (vii) defined as a "regulated substance" pursuant to Subchapter IX, Solid Waste Disposal Act (Regulation of Underground Storage Tanks) (42 U.S.C. Section 6991. 12.2 The Lessee shall not keep or have on the Property any article, item or thing of a dangerous, inflammable or explosive character that might unreasonable increase the danger of fire to the Property, or that may be subject to special handling or management requirements of federal, state or local laws. Nor shall the Lessee cause or permit any Hazardous Material to be brought upon, kept or used in or about the Premises by the Lessee, its agents, employees, contractors or invitees, without the prior written consent of the Lessor (which the Lessor shall not unreasonably withhold as long as the Lessee demonstrates to the Lessor's reasonable satisfaction that such hazardous material is necessary or useful to the Lessee's business and will be used, kept and stored in a manner' which complies with all laws regulating any such Hazardous Material). If the Lessee breaches this obligation, or -if the presence of Hazardous Material on the Property caused or permitted by the Lessee results in contamination of the Premises or if contamination of the Premises by Hazardous Material otherwise occurs for which the Lessee is legally liable to the Lessor for damage resulting therefrom, then the Lessee shall indemnify, defend and hold the Lessor harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, damages, arising from adverse impact or marketing of space, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the Lease term as a result of such contamination. This indemnification of the Lessor by the Lessee includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or groundwater on or under the Premises. Without limiting the foregoing, if the presence of any Hazardous Material on the Premises caused or permitted by the Lessee results in any contamination of the Premises, the Lessee shall promptly take all actions at his sole expense as are necessary to return the Premises to the condition existing prior to the introduction of any such Hazardous Material to the premises; provided that the Lessor's approval of such action shall first be obtained, which approval shall not be unreasonably withheld so long as such action would not potentially have any material adverse affect on the Premises. 13. Utilities. Lessee shall be responsible for arranging for and paying all utility services required on the Property for the Lessee's use. 14. Taxes, Real and Personal. 14.1 Lessee shall not be responsible for payment of any real property taxes and assessments imposed upon the Property. 14.2 The Lessee shall pay all sales and use taxes imposed as the result of the business conducted on the Property and all personal property taxes assessed against personal property situated thereon during the term hereof. 14.3 In default of the payment of any such taxes by the Lessee, the Lessor may pay the same (but shall be under no obligation to do so), and the amount so paid shall be due at the time of the next rental payment. However, it is understood that if the Lessor shall pay any such amount, the Lessor shall not waive any of their rights hereunder as a result of such default. 14.4 The Lessee shall not be required to pay any tax, assessment, tax lien or other imposition or charge upon or against the Property or any part thereof or the improvements at any time situated thereon so long as the Lessee shall, in good faith and with due diligence, contest the same or the validity thereof by appropriate legal proceedings, which shall, have the effect of preventing the collection of the tax, assessment, tax lien or other imposition or charge so contested, provided that, pending any such legal proceedings, the Lessee shall give the Lessor such reasonable security as maybe demanded by the Lessor to insure payment of the amount of the tax, assessment, tax lien or other imposition or charge and all interest and penalties thereon. 15. Hunting. Lessor shall have sole control of hunting on the Property. Lessee shall refer all hunting requests and claims of hunting rights by third parties to the Lessor. Hunting of any and all kinds will be prohibited on the Property unless allowed by written permission of the Lessor. 16. Right of Inspection/Study of Property. The Lessor, or the Lessor's assigns or contractors, shall have the right at all reasonable times, during the term of this Lease, to enter the Property for the purpose of inspecting or studying the Property and all buildings, grounds and improvements thereof, and agrees not to interfere with Lessee's use of the Property during said visits. 17. Surrender of Property. At the expiration of this Lease term or after termination notification from the Lessor, the Lessee agrees to quit and surrender the Property in as good a state and condition as it was at the time of commencement of this Lease, reasonable wear and tear and damages by the elements excepted. The Lessee agrees to be responsible and to reimburse the Lessor for any repairs to the Property required due to the Lessee's occupancy of the Property. 18. Default. If any default is made in the payment of rent, or any part thereof, at the times hereinbefore specified, or if any default is made in the performance of or compliance with any term, provision or condition hereof, this Lease, at the option of the Lessor, shall be terminated and forfeited, and the Lessor may reenter the Property and remove all persons and personal property therefrom. The Lessee shall be given written notice of any default or breach of the provisions of this Agreement and termination or forfeiture of the Lease shall not result if, within twenty (20) days after receipt of such notice, the Lessee has corrected the default or breach or has taken action reasonably likely to affect such correction within a reasonable time. In addition to the remedy specified above, the Lessor may in the event of a default avail itself of any other remedy available at law or equity. 19. Insurance. The Lessee, at his sole cost and expense, shall, during the term of this Lease, procure, pay for and keep in full force and effect a minimum of $300,000 liability insurance and shall furnish a certificate of insurance to Lessor showing the Lessor as additional insured. 20. Encumbrances. Lessee shall pay all costs and charges for work done by it or caused to be done by it, in or to the Property and for all materials furnished in connection with such work. In no event shall Lessee be entitled to cause or permit the establishment of any lien or other encumbrance on the Property. 21. Condemnation. 21.1 If, during the term of this Lease: (a) the title to the whole or substantially all of the Property shall be taken; (b) if the Property shall be deprived of adequate ingress or egress to or from all public streets and highways abutting the Property; or (c) if the Lessee cannot reasonably operate in the remainder of the Property the business being conducted on the Property at the time of such taking as the result of the exercise of the power of eminent domain hereinafter referred to as "proceedings", then this Lease shall terminate as of the date of such taking pursuant to such proceedings. For the purpose of construing the provisions of this Article, "proceedings" shall include any negotiated settlement of any matter involving a condemnation; and a "taking" shall be deemed to occur when title to the Property or possession thereof is acquired by the governmental authority, whichever first occurs. 21.2 If, during the term of this Lease, title to less than the whole or title to less than substantially all of the Property shall be taken in any such proceedings and the Lessee can reasonably operate in the remainder of the Property the business being conducted on the Property at the time of such taking, this Lease shall not terminate; and the monthly rental thereafter due and payable by the Lessee shall be reduced in such just proportion as the nature, value and extent of the part so taken bears to the whole of the Property. 22. Requirements of Law. At all times during the term of this Lease, Lessee shall observe and comply promptly with all then current laws, ordinances, resolutions, orders, covenants, restrictions, rules and regulations of the federal, state and local governments, and of all courts or other governmental authorities having jurisdiction over the Property or any portion thereof, including any requirements pertaining to construction activities whether the same are in force at the commencement of this Lease or are in future passed, enacted or directed. 23. Indemnification. Lessee agrees to indemnify and hold harmless the Lessor against all damages, claims, liabilities for injury or damage to person, property or whenever and by whomever brought and causes of action arising from or in anyway relating to the Lessee's possession or use of the Property. To the extent permitted by law, The Lessor shall be responsible for any damages, claims or liabilities arising from the Lessor's actions, or actions by its assigns or sub -contractors, relating to the Property. 24. Notices. Any notice by either party to the other shall be in writing and shall be deemed to be duly given only if delivered personally, or mailed by registered mail in a postage prepaid envelope addressed to the parties as follows: Lessee: Lessor: Natural Areas Program Manager City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 With a copy to: Real Estate Manager City of Fort Collins Colorado P.O. Box 580 Fort Collins, CO 80522 25. Conditions of the Agreement. It is further agreed by and between the Lessor and Lessee as follows: 25.1. That this Agreement may not be enlarged, modified, or altered, except as in writing, signed by all parties as an amendment hereto. 25.2 That no waiver of any breach of this Agreement shall be held or construed to be a waiver of any subsequent breach thereof. 25.3 That it is expressly understood and agreed by all parties hereto that in the performance of the obligations provided for in this Agreement, time is of the essence. 25.4 The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto and all covenants are to be construed as conditions of this Lease. 25.5 If either party must resort to legal action to enforce the terms of this Agreement, the prevailing party shall be entitled to its reasonable costs and attorney fees incurred as a result of the litigation. 25.6 If any provisions of this Lease shall be declared invalid or unenforceable, the remainder of this Lease shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have signed this Agreement the day and year first written above. LESSEE: Date: STATE OF ) ) ss COUNTY OF ) Subscribed and sworn to before me this day of and , Lessee. Witness my hand and official seal. My Commission expires Notary Public LESSOR: Date: ATTEST City Clerk APPROVED AS TO FORM: Assistant City Attorney , 2007 by City of Fort Collins, Colorado, a Municipal Corporation M City Manager EXHIBIT A Legal Description of Leased Property Resource Recovery Farm -Agriculture Fields Ifornon II na: UIt103 tu .,11 Acreage 34.9 �. - r 1 OA In U 9 _ 1 A I': • V. M Unit: R 1 IN 1 S r 1 1. 60n 1,200 2,400 F e et Nil Areas Resource Recovery Farm -Agriculture Fields Ifornon II na: UIt103 tu .,11 Acreage 34.9 �. - r 1 OA In U 9 _ 1 A I': • V. M Unit: R 1 IN 1 S r 1 1. 60n 1,200 2,400 F e et Nil Areas REQUEST FOR PROPOSAL P1056 Lease Resource Recovery Farm DESCRIPTION: This site is City owned and consists of approximately 110 irrigated acres (fields "1, 2, 6, 7, 8, and 9). (map of property is attached). This property has not been used for crop production for several years, therefore some maintenance and repair is needed for water delivery. USE OF PROPERTY: The lessee shall use that portion of the property which is arable land for the cultivation of crops (small grain, corn) and/or growing hay. Currently no fields are in production. Up to 6 shares of Lake Canal water and Sand Dike (delivery only) are available for irrigation. The city will pay all assessment fees for Lake Canal and Sand Dike. Proposals shall provide for maintenance, repairs, and operations which are to equal or exceed all the conditions included in the lease agreement shown here in Exhibit "B". TERMS: A five year lease starting January 1, 2007 and ending December 31, 2011. REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING QUALIFICATION STANDARD FACTOR 2.0 Scope of Does the proposal show an understanding of the project Proposal objective, methodology to be used and results that are desired from theproject? 2.0 Assigned Do the persons who will be working on the project have the Personnel necessary skills? Are sufficient people of the requisite skills assigned to theproject? 1.0 Availability Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? 2.0 Cost and Do the proposed cost and work hours compare favorably Work Hours with the project Manager's estimate? Are the work hours presented reasonable for the effort required in each project task or phase? 2.0 Firm Capability Does the firm have the support capabilities the assigned personnel require? Has the firm done previous projects of this type and scope? Reference evaluation (Top Ranked Firm) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professignal anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? Resource Recovery Farm -Agriculture Fields s Tp EXHIBIT "B" LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into on the date set forth hereinafter, and effective as of the 1 st day of January 2007, by and between City of Fort Collins, hereinafter referred to as the "Lessor", and XXXXX hereinafter referred to as "Lessee". WITNESSETH: WHEREAS, the Lessor is the owner of certain lands and improvements in Larimer County described and depicted on Exhibit "A", which is attached hereto and incorporated herein by reference (the "Property'); and WHEREAS, the Lessee desires to lease said Property for the purpose of hay and crop production; and WHEREAS, on xxxx, the Fort Collins City Council approved Resolution xxxx which authorized the leasing of the Property. NOW THEREFORE, for and in consideration of the mutual covenants and obligations herein expressed, the monetary payment hereinbelow recited, the receipt and adequacy of which is hereby acknowledged, it is hereby mutually covenanted and agreed by and between the parties as follows: 1. Property. The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor the Property as described on Exhibit "A". 2. Term. 2.1 The initial term of this Lease shall be for a period of one (1) year commencing upon signing and terminating without further action by either party at midnight on December31, 2007. 2.2 The lease may be extended on a year-to-year basis for a period of 4 years after December 31, 2007 on the terms and conditions acceptable to both parties, but neither party has the obligation to extend the lease for any year beyond the initial term. 2.3 In the event termination of the Lease by either party under Section 2.2 above, Lessee shall remove all personal property or improvements not owned by Lessor within 90 days. If Lessee fails to remove said personal property within the above time limit, the Lessee hereby grants the Lessor the absolute right to keep, convey, destroy, or otherwise dispose of it in any manner Lessor chooses, and in addition, Lessee agrees to pay any net costs incurred by Lessor in doing so, within ten (10) days of receipt of Lessor's statement of costs therefore. 2.4 The Lessor reserves the right to perform management activities at any time during the year. Any management activity that has the potential to influence farming practices will be coordinated with the Lessee. 2.5 The Lessor reserves the right to open the Leased Premises to public use at any time during this Lease. Any modification to farming practices will be coordinated with the Lessee. 3.0 Rent. The Lessee shall pay to the Lessor, at 200 West Mountain, or at such other place as the Lessor may from time to time designate, a rental of, with xxxx said annual rent payable in April, 2007, and the remaining xxxx payable on or before December 31, 2007. 3.1 Except as otherwise provided in this Lease, the Lessee shall pay the Lessor, during the entire twelve (12) month term of this Lease, XX dollars per acre of farmed land. 4. Permissible Uses of Property and Operations. Lessee agrees to use and occupy the Property only for the purposes of crop and grass production and for no other purpose whatsoever without the prior written consent of the Lessor. 5. Weed management. The Lessee shall be responsible for controlling noxious and toxic plants found upon the Leased Premises. The cost of labor to control such plants shall be the sole responsibility of the Lessee. The Lessor, however, shall be responsible for the cost of any herbicides or other materials necessary to control such plants. In using any herbicides or other materials to control noxious and toxic plants on the Leased Premises, the Lessee shall comply with all applicable federal, state, and local laws, rules, and regulations controlling the application and storage of such herbicides and materials. In addition, the Lessee shall indemnify and hold the Lessor, and its officers and employees, harmless from any and all claims, judgments, penalties, fines, costs, and attorney's fees that may result from the Lessee's use, application, and storage of such herbicides and other materials. 6. Water and Irrigation. It shall be Lessee's sole responsibility to manage irrigation water, electricity and/or equipment for the crop irrigation, through arrangements with the Owners or other such arrangements as are mutually agreeable to Lessee and the Lessor. The Lessor shall provide 6 shares of Sand Dike (right to use only) and 3.6 shares of Lake Canal water. 7. Crop Production. It shall be the Lessee's sole responsibility for all costs associated with producing the crop including all costs of tillage, seeds, seeding, fertilizer, irrigation management, weed management, and harvesting. 8. Condition of Property, Maintenance and Damage. Lessee stipulates that the Property has been examined and that they are, at the time of this lease, in good order and repair, safe, clean and in tenantable condition. Lessee acknowledges and agrees to take possession of the Property "as -is" and in its actual condition at the commencement of this Lease, and waives any claims related to said condition. If, during the term of this Lease, the Property or any part thereof shall be destroyed or so damaged by fire or other casualty as to become untenantable, then, at the option of the Lessor, the term hereby created shall cease; and this Lease shall become null and void from the date, of such damage or destruction; and the Lessee shall immediately surrender the Property and his interest therein to the Lessor; and the Lessee shall pay rent within said term only to the time of such surrender, provided, however, that the Lessor shall exercise such option to so terminate this Lease by notice in writing delivered to the Lessee within thirty (30) days after such damage or destruction. 9. Alterations and Improvements. Lessee shall make no alterations or improvements to the Property without prior written consent of the Lessor. All alterations, changes and improvements built, constructed, or placed on the Property by Lessee, with the exception of the fixtures removable without damage to the Property and movable personal property shall, unless otherwise provided by written agreement between the parties hereto, be the property of the Lessor upon construction and remain on the Property at the termination of this Lease. In addition, any and all major maintenance and repair of the Property, whether or not due to the Lessee's misuse, waste or neglect or that of its employees, agents, or visitors, shall be the sole responsibility of the Lessee at Lessee's expense. 10. Signs. The Lessee shall not affix, erect or maintain on the Property any sign or advertisement without first obtaining the Lessor's approval as to the sign or advertisement to be erected on the Premises. The Lessor hereby acknowledges that Lessee shall be entitled to erect such signs as it deems necessary to notify the general public of any unsafe conditions or prohibition on public access, without further advance notice from Lessee, provided such signs comply with the applicable Larimer County Sign Code. 11. Assignment and Sublease. The Lessee shall not assign, sublet or grant any concession or license for use of the Property or any part thereof without the prior written consent of the Lessor. The Lessor's consent to any given assignment, subletting, concession or license shall not be deemed to be a license. An assignment, subletting, concession or license obtained without the prior written consent of the Lessor, or an assignment or subletting by operation of law, shall be void and shall, at the Lessor's option, terminate this Lease. 12. Hazardous or Dangerous Materials 12.1 As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the state of Colorado or the United states Government. The term "hazardous material" includes, without limitation, any material or substance that is: (i) defined as a "hazardous substance" under appropriate state law provisions; (ii) petroleum; (iii) asbestos; (iv) designated as "hazardous substance" pursuant to section 311 of the Federal Water Pollution Control Act (33 U.S.C. section 1321); (v) defined as "hazardous waste" pursuant to section 1004 of the Federal Resource Conservation and Recovery Act (42 U.S.C. Section 6903); (vi) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601); or (vii) defined as a "regulated substance" pursuant to Subchapter IX, Solid Waste Disposal Act (Regulation of Underground Storage Tanks) (42 U.S.C. Section 6991. 12.2 The Lessee shall not keep or have on the Property any article, item or thing of a dangerous, inflammable or explosive character that might unreasonable increase the danger of fire to the Property, or that may be subject to special handling or management requirements of federal, state or local laws. Nor shall the Lessee cause or permit any Hazardous Material to be brought upon, kept or used in or about the Premises by the Lessee, its agents, employees, contractors or invitees, without the prior written consent of the Lessor (which the Lessor shall not unreasonably withhold as long as the Lessee demonstrates to the Lessor's reasonable satisfaction that such hazardous material is necessary or useful to the Lessee's business and will be used, kept and stored in a manner' which complies with all laws regulating any such Hazardous Material). If the Lessee breaches this obligation, or -if the presence of Hazardous Material on the Property caused or permitted by the Lessee results in contamination of the Premises or if contamination of the Premises by Hazardous Material otherwise occurs for which the Lessee is legally liable to the Lessor for damage resulting therefrom, then the Lessee shall indemnify, defend and hold the Lessor harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution value of the Premises, damages for the loss or restriction on use of rentable or usable space or of any amenity of the Premises, damages, arising from adverse impact or marketing of space, and sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees) which arise during or after the Lease term as a result of such contamination. This indemnification of the Lessor by the Lessee includes, without limitation, costs incurred in connection with any investigation of site conditions or any clean up, remedial, removal or restoration work required by any federal, state or local governmental agency or political subdivision because of Hazardous Material present in the soil or groundwater on or under the Premises. Without limiting the foregoing, if the presence of any Hazardous Material on the Premises caused or permitted by the Lessee results in any contamination of the Premises, the Lessee shall promptly take all actions at his sole expense as are necessary to. return the Premises to the condition existing prior to the introduction of any such Hazardous Material to the premises; provided that the Lessor's approval of such action shall first be obtained, which approval shall not be unreasonably withheld so long as such action would not potentially have any material adverse affect on the Premises. 13. Utilities. Lessee shall be responsible for arranging for and paying all utility services required on the Property for the Lessee's use. 14. Taxes. Real and Personal. 14.1 Lessee shall not be responsible for payment of any real property taxes and assessments imposed upon the Property. 14.2 The Lessee shall pay all sales and use taxes imposed as the result of the business conducted on the Property and all personal property taxes assessed against personal property situated thereon during the term hereof. 14.3 In default of the payment of any such taxes by the Lessee, the Lessor may pay the same (but shall be under no obligation to do so), and the amount so paid shall be due at the time of the next rental payment. However, it is understood that if the Lessor shall pay any such amount, the Lessor shall not waive any of their rights hereunder as a result of such default. 14.4 The Lessee shall not be required to pay any tax, assessment, tax lien or other imposition or charge upon or against the Property or any part thereof or the improvements at any time situated thereon so long as the Lessee shall, in good faith and with due diligence, contest the same or the validity thereof by appropriate legal proceedings, which shall, have the effect of preventing the collection of the tax, assessment, tax lien or other imposition or charge so contested, provided that, pending any such legal proceedings, the Lessee shall give the Lessor such reasonable security as maybe demanded by the Lessor to insure payment of the amount of the tax, assessment, tax lien or other imposition or charge and all interest and penalties thereon. 15. Hunting. Lessor shall have sole control of hunting on the Property. Lessee shall refer all hunting requests and claims of hunting rights by third parties to the Lessor. Hunting of any and all kinds will be prohibited on the Property unless allowed by written permission of the Lessor. 16. Right of Inspection/Study of Property. The Lessor, or the Lessor's assigns or contractors, shall have the right at all reasonable times, during the term of this Lease, to enter the Property for the purpose of inspecting or studying the Property and all buildings, grounds and improvements thereof, and agrees not to interfere with Lessee's use of the Property during said visits. 17. Surrender of Property. At the expiration of this Lease term or after termination notification from the Lessor, the Lessee agrees to quit and surrender the Property in as good a state and condition as it was at the time of commencement of this Lease, reasonable wear and tear and damages by the elements excepted. The Lessee agrees to be responsible and to reimburse the Lessor for any repairs to the Property required due to the Lessee's occupancy of the Property. 18. Default. If any default is made in the payment of rent, or any part thereof, at the times hereinbefore specified, or if any default is made in the performance of or compliance with any term, provision or condition hereof, this Lease, at the option of the Lessor, shall be terminated and forfeited, and the Lessor may reenter the Property and remove all persons and personal property therefrom. The Lessee shall be given written notice of any default or breach of the provisions of this Agreement and termination or forfeiture of the Lease shall not result if, within twenty (20) days after receipt of such notice, the Lessee has corrected the default or breach or has taken action reasonably likely to affect such correction within a reasonable time. In addition to the remedy specified above, the Lessor may in the event of a default avail itself of any other remedy available at law or equity. 19. Insurance. The Lessee, at his sole cost and expense, shall, during the term of this Lease, procure, pay for and keep in full force and effect a minimum of $300,000 liability insurance and shall furnish a certificate of insurance to Lessor showing the Lessor as additional insured. 20. Encumbrances. Lessee shall pay all costs and charges for work done by it or caused to be done by it, in or to the Property and for all materials furnished in connection with such work. In no event shall Lessee be entitled to cause or permit the establishment of any lien or other encumbrance on the Property. 21. Condemnation. 21.1 If, during the term of this Lease: (a) the title to the whole or substantially all of the Property shall be taken; (b) if the Property shall be deprived of adequate ingress or egress to or from all public streets and highways abutting the Property; or (c) if the Lessee cannot reasonably operate in the remainder of the Property the business being conducted on the Property at the time of such taking as the result of the exercise of the power of eminent domain hereinafter referred to as "proceedings", then this Lease shall terminate as of the date of such taking pursuant to such proceedings. For the purpose of construing the provisions of this Article, "proceedings" shall include any negotiated settlement of any matter involving a condemnation; and a "taking" shall be deemed to occur when title to the Property or possession thereof is acquired by the governmental authority, whichever first occurs. 21.2 If, during the term of this Lease, title to less than the whole or title to less than substantially all of the Property shall be taken in any such proceedings and the Lessee can reasonably operate in the remainder of the Property the business being conducted on the Property at the time of such taking, this Lease shall not terminate; and the monthly rental thereafter due and payable by the Lessee shall be reduced in such just proportion as the nature, value and extent of the part so taken bears to the whole of the Property. 22. Requirements of Law. At all times during the term of this Lease, Lessee shall observe and comply promptly with all then current laws, ordinances, resolutions, orders, covenants, restrictions, rules and regulations of the federal, state and local governments, and of all courts or other governmental authorities having jurisdiction over the Property or any portion thereof, including any requirements pertaining to construction activities whether the same are in force at the commencement of this Lease or are in future passed, enacted or directed.