HomeMy WebLinkAboutRFP - P662 LEASE JACOBY FARMCity of Fort Collins
Admin. .ative Services
Purchasing Division
REQUEST FOR PROPOSAL
CITY OF FORT COLLINS
LEASE - JACOBYFARM
PROPOSAL NO. P-662
PROPOSAL DATE: 3:00 p.m. (Our clock) JANUARY 23, 1998
256 W Mountain Avenue • PO Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707
5.3 Notwithstanding the provisions of paragraph 5.1
above, the Lessor shall be responsible for all maintenance and
improvement costs, including costs of replacement, as needed for
irrigation ditches located on the Property, except for the Lessee's
obligations to keep the irrigation ditches clear of noxious and
toxic plants as required by paragraph 5.2 above.
5.4 The Lessee shall be responsible for removing all
baled cornstalks from the Property.
5.5 The Lessee shall keep the Property clean and in good
sanitary condition, as required by the statutes, ordinances,
resolutions, and health, sanitary, and police regulations of the
County of Larimer, State of Colorado, and shall not commit but
shall prevent all unnecessary waste, loss, or damage to the
Property which might be occasioned by the Lessee's possession and
use The Lessee shall not commit a nuisance upon the Property so
as to unreasonably interfere with the occupancy and use of adjacent
property.
5 6 Except as otherwise specifically provided in this
Agreement, all machinery, equipment, fuel, labor, seed, fertilizer
and soil supplements, and all labor needed for irrigation and
control of irrigation of the Property required by the Lessee in
connection with his farm and livestock operations on the Property,
shall be the responsibility of and provided by the Lessee.
5.7 The Lessee shall keep records of all fertilizer,
pesticide, and herbicide applications, which records shall be
accessible and available to the Lessor upon reasonable notice for
its review and copying.
5.8 If the Lessee fails to perform any maintenance or
make any repairs required of him to be made under this Lease after
notice and an opportunity to perform as provided in Article 13.1(b)
below, the Lessor may, but shall not be required to, make such
maintenance and repairs on the Lessee's account, and the Lessor may
add its costs and expenses for such maintenance and repairs as
additional rent due to the Lessor under this Lease. Such amount
shall then be paid to the Lessor by the Lessee within thirty (30)
days after receiving written notice from the Lessor of the costs
and expenses paid by the Lessor for such maintenance and repairs.
ARTICLE VI Alterations and Improvements
6.1 The Lessee shall make no material alterations,
additions, improvements, or changes to the Property or the
improvements located thereon without the prior written approval of
the Lessor.
6.2 The Lessee hereby indemnifies and agrees to hold the
Lessor harmless from all liens, claims, or charges on account of
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any alterations, additions, improvements, repairs, or changes made
to the Property or the improvements located thereon by the Lessee.
ARTICLE VII. Insurance.
7.1 If the Lessee employs any employee in connection
with his farming operations on the Property, the Lessee shall, at
his own sole cost and expense, during the term of this Lease,
procure, pay for, and keep in full force and effect workers
compensation insurance, in an amount not less than Four Hundred
Thousand Dollars ($400,000.00) for each occurrence, for all of his
employees to be engaged in work on the Property under this Lease
7.2 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 comprehensive policy of general liability
insurance covering the Property and insuring the Lessee in an
amount not less than Six Hundred Thousand Dollars ($600,000.00)
covering bodily injury, including death to persons, personal
injury, and property damage liability arising out of a single
occurrence. Such coverage shall include, without limitation, the
insured's liability for property damage, bodily inDuries, and death
of persons in connection with the operation, maintenance, or use of
the Property (including acts or omissions of the Lessee or of his
officers, employees, or agents), and protection against liability
for non -owned and hired automobiles Such coverage shall also
include comprehensive motor vehicle liability insurance (if the
Lessee uses motor vehicles in his operations under this Agreement
on the Property).
7.3 All policies of insurance carried by the Lessee
shall name the Lessee as an insured and shall name the Lessor as an
additional insured on the policy. The policy or policies shall
contain a provision that the policy or policies cannot be canceled
or materially altered either by the insured or the insurance
company until at least fifteen (15) days prior written notice
thereof is given to the Lessor. Upon issuance or renewal of any
such insurance policy, the Lessee shall furnish a certified copy or
duplicate original of such policy or renewal thereof with proof of
premium payment to the City. Any such policy shall contain waivers
of subrogation and waivers of any defense based on invalidity
arising from any act or omission of any assignees or sublessees of
the Lessee.
7.4 No policy of insurance required by this Article
shall include a deductible clause in an amount greater than One
Thousand Dollars ($1,000.00). Any insurance policy purchased by
the Lessee must be written by an insurance carrier which has a
current rating by Best's Insurance Reports of "A" (Excellent) or
better and a financial rating of "X" or better or such equivalent
classification as may hereinafter be required customarily for
properties similarly situated and it must be approved by the Lessee
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and the insurance carrier must be authorized by law to do business
in the State of Colorado. The Lessee shall not obtain any policy
which, under the terms of the carrier's charter, by-laws, or
policy, loss payments are contingent upon action by the carrier's
board of directors, policy holders, or members. All insurance
policies carried by the Lessee may be reviewed at least annually by
the Lessor to ascertain that the coverage provided by such policy
adequately covers those risks required by this Article to be
insured by the Lessee
7.5 In case of the breach of any provision of this
Article, the Lessor, after notice to Lessee and a reasonable
opportunity to remedy the breach, at its option, may take out and
maintain, at the expense of the Lessee, such insurance as would
meet, but not exceed, the requirements of this Article, and may
bill the costs for such insurance directly to the Lessee. When so
billed, the Lessee shall reimburse the Lessor for the costs of such
insurance within thirty (30) days of being billed
ARTICLE VIII. Utilities and Water,
8.1 To the extent that any utilities are available on
the Property and are used by the Lessee in his operations on the
Property, the Lessee agrees to pay all charges for such utilities
and to indemnify the Lessor against any liability or damage on such
account. All such utility charges shall be paid by the Lessee
before the date the same become delinquent.
8 2 The Lessor shall furnish to the Lessee, during the
term of this Agreement, raw water from the following sources:
1. one share of Boxelder Ditch Company;
2. One preferred right in Fossil Creek Reservoir;
3. One perpetual water right in the new Cache La
Poudre Irrigating Company, as recorded in Book 139,
Page 554 of the Larimer County, Colorado records;
and
4. Up to seventy-five (75) additional acre feet of
water, either Colorado Big Thompson project water
or other water mutually acceptable to both parties,
to be delivered to the Property upon request of the
Lessee and approval of the Lessor.
All assessments and running charges associated with such delivered
water described above shall be paid by the Lessor Use of all
water rights and supplemental water conveyed or furnished to the
Lessee pursuant to this Agreement is specifically restricted to use
on the Property.
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ARTICLE IX Subletting and Assignment
9.1 The Lessee covenants and agrees that he will not
assign this Lease, any interest or a part thereof, any right or
privilege appurtenant thereto, nor mortgage or lien the leasehold
without the prior written consent of the Lessor A consent to one
assignment or mortgage shall not be construed as a consent to any
subsequent assignment or mortgage; and it is hereby mutually
covenanted and agreed that, unless such written consent has been
obtained, any assignment or transfer or attempted assignment or
transfer of this Lease or any interest therein or hypothecation
either by the voluntary or the involuntary act of the Lessee or by
operation of law or otherwise, shall, at the option of the Lessor,
terminate this Lease; and any such purported assignment or transfer
without such consent shall be null and void. The Lessor's consent
to any such assignment shall not relieve the Lessee from any
obligation under this Lease unless the Lessor expressly agrees in
writing to relieve the Lessee from such obligation
9.2 If this Lease shall be assigned, or if the Property
or any part thereof shall be sublet or occupied by anyone other
than the Lessee, without the prior written consent of the Lessor as
required in paragraph 9.1 above, the Lessor may collect rent from
the assignee, subtenant, or occupant, and apply any amount
collected to the rent herein reserved; and no such collection shall
be deemed a release of the Lessee from the complete performance of
the covenants herein contained on the part of the Lessee to be
performed.
9.3 The obligations and rights of the Lessee to use the
Property for farming and grazing purposes shall be deemed personal
to the Lessee and in no event shall the Lessee permit, without the
prior written consent of the Lessor, any other person or entity to
conduct farming operations upon the Property.
ARTICLE X. Condemnation
10.1 If, during the term of this Agreement: (a) the
title to the whole or substantially all of the Property shall be
taken, or (b) if the Property shall be deprived of adequate ingress
or egress to or from all public streets and highways abutting the
Property or is otherwise affected so that the Lessee cannot
reasonably operate upon the remainder of the Property at the time
of such taking or the Lessee's continued operation on the remaining
portion of the Property is rendered economically disadvantageous as
the result of the exercise of the power of eminent domain
(hereinafter referred to as "Proceedings"), then the Lessee may, in
his sole discretion, terminate this Lease 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 involved in a condemnation; and
a "taking" shall be deemed to occur when title to the Property or
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possession thereof is acquired by another governmental authority,
whichever first occurs
10.2 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 on the remainder of the Property at the time of
such taking and such taking has not rendered continued operation
economically disadvantageous to the Lessee, this Lease shall not
terminate. The Lessee's obligation to pay rent as provided in
Article III above, however, shall be reduced in proportion to the
amount of the Property taken.
10 3 All compensation and damages awarded for any taking
described in this Article shall belong to and be the property of
the Lessor. Notwithstanding the foregoing, the Lessor shall
compensate the Lessee in the same manner as provided in paragraph
2 4 above if the Lessee's use of the Property is terminated by the
taking.
ARTICLE XI. Total or Partial Destruction,
11.1 In case, during the term of this Lease, the Property
or a substantial part thereof shall be destroyed or shall be so
damaged by fire, flood, or other casualty so as to become unusable
for farming and livestock grazing purposes, then, in such event, at
the option of the Lessee, the term hereby created shall cease; and
this Lease shall become null and void from the date of such damage
or destruction ("date of termination"); and the Lessee shall
immediately surrender the Property and his interest therein to the
Lessor. Provided, however, that the Lessee shall exercise such
option to so terminate this Lease by notice in writing delivered to
the Lessor within thirty (30) days after such damage or
destruction. In addition, the Lessee shall continue to be liable
to the Lessor for such rent that will have accrued up to the date
of termination of this Lease In the event the Lessee shall not so
elect to terminate this Lease, this Lease shall continue in full
force and effect.
11.2 If the Property shall be only slightly damaged by
fire, flood, or the elements so as not to render the same unusable
for farming and livestock grazing purposes, then the Lessor shall
repair the same with all reasonable speed No compensation, off-
set, or claim shall be made by or allowed to the Lessee by reason
of any inconvenience or annoyance arising from the necessity of
repairing any portion of the Property, unless the damage or
inconvenience was either caused or worsened by an act or omission
of the Lessor.
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ARTICLE XII. Holding Over.
12.1 Any holding over by the Lessee after the expiration
of the initial term of this Lease Agreement or any extended term
thereof, without the prior written consent of the Lessor, shall be
construed to be a tenancy at will.
ARTICLE XIII Default of Lessee.
13 1 This Lease Agreement is made on the condition also
that if any one or more of the following events (hereinafter
referred to as "an event of default") shall happen:
(a) The Lessee shall default in the due and punctual
payment of the rent or any other amounts required
to be paid hereunder and such default shall
continue for three (3) business days after the
receipt of written notice from the Lessor, or
(b) The Lessee shall neglect or fail to perform or
observe any of the other covenants herein contained
on the Lessee's part to be performed or observed,
and the Lessee shall fail to remedy the same within
fifteen (15) days after the Lessee shall have
received from the Lessor written notice specifying
such neglect or failure (or within such period, if
any, as may be reasonably required to cure such
default if it is of such a nature that it cannot be
cured within said fifteen (15) day period, provided
that the Lessee shall have commenced to effect such
a cure within said fifteen (15) days and shall
proceed with due diligence to complete said cure);
or
(c) The Lessee shall: (1) be adjudicated as bankrupt
or insolvent; (ii) file a petition in bankruptcy or
for reorganization or for the adoption of an
arrangement under the Bankruptcy Act (as now
constituted or in the future amended); or (iii)
make an assignment of his property for the benefit
of his creditors.
Then, and in any one or more such events of default, the Lessor
shall have the right, at its election and while any such event of
default shall continue, to give the Lessee written notice of its
intention to terminate this Lease on the date of such given notice
or any later date specified therein; and on such specified date,
the Lessee's right to possession of the Property shall cease; and
this Lease shall thereupon be terminated. The Lessor may then re-
enter and take exclusive possession of the Property or any part
thereof and repossess the same as the Lessor's former estate and
expel the Lessee and those claiming through or under the Lessee and
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remove the effects of both or either (forcibly, if necessary)
without being deemed guilty of any manner of trespass and without
prejudice to any remedies for arrearages of rent or preceding
breaches of covenants.
ARTICLE XIV Indemnification
14.1 The Lessee covenants that he will indemnify and hold
the Lessor, and its officers and employees, harmless from all
claims, demands, judgments, costs, and expenses, including
attorneys fees, arising out of any accident or occurrence causing
injury to any person or property whomsoever or whatsoever due
directly or indirectly to the use or neglect of the Property or any
part thereof by the Lessee and his officers, agents, employees,
licensees, and invitees or any entity or person (and their
officers, agents, employees, licensees, and invitees) holding under
the Lessee, unless such accident or occurrence results solely from
the tortious misconduct or negligent act or omission on the part of
the Lessor, or on the part of the Lessor's officers and employees
provided that their acts or omissions occur during the performance
of their duties for and within the scope of their employment with
the Lessor, and provided that their acts or omissions were not
willful and wanton; and the Lessee will indemnify and hold harmless
the Lessor, and its officers and employees, from all damages and
all penalties arising out of any failure of the Lessee, in any
respect, to comply with all of the requirements and provisions of
this Lease Agreement; and the Lessee covenants that the Lessee
shall keep and save the Lessor, and its officers and employees, and
the Lessor's interest in and to the Property forever harmless from
any penalty, damage, or charge imposed by any violation of any
laws, whether occasioned by an act or omission of the Lessee, or by
another or others on the Property holding under or through the
Lessee.
14.2 In connection with its leasing of the Property to
the Lessee pursuant to this Agreement, the Lessor covenants that it
will indemnify and hold the Lessee harmless from all claims,
demands, judgments, costs, expenses, including attorneys fees,
arising from the negligent acts or omissions of the Lessor, or of
its officers or employees, provided that such acts or omissions by
the Lessor's officers and employees occurred during the performance
of their duties, within the scope of their employment, and were not
willful and wanton. In addition, the Lessor shall indemnify and
hold harmless the Lessee, from all damages and penalties arising
out of any failure of the Lessor, in any respect, to comply with
all of the requirements and provisions of this Lease Agreement.
However, the Lessor, and its officers and employees, shall not be
liable to the Lessee for any crop failure or livestock injuries or
deaths, regardless of cause, incurred in connection with the
Lessee's crop cultivation and livestock grazing upon the Property
under this Lease Agreement, unless such crop failures or livestock
injuries and deaths result from a negligent act or omission of the
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Lessor. Notwithstanding the foregoing, the Lessor and the Lessee
acknowledge and agree that all such liabilities, claims, and
demands of the Lessor or of its officers and employees, shall be
subject to any notice requirements, defenses, immunities, or
limitations to liability that the Lessor and its officers and
employees may have under the Colorado Governmental Immunity Act
(Section 24-10-101, C.R S , et seo.) and subject to any other
immunities and limitations to liability available to the Lessor,
and its officers and employees under the law.
ARTICLE XV. Notices
15.1 Any notice or other communication given by either
party hereto to the other relating to this Lease Agreement shall be
hand -delivered or sent by registered or certified mail, return
receipt requested, addressed to such other party at the addresses
as set forth below; and such notice or other communication shall be
deemed given when so hand -delivered or three (3) business days
after so mailed:
If to the Lessor:
Steve Comstock, Water Reclamation Manager
P.O. Box 580
Fort Collins, CO 80522
With a copy to -
John R. Duval, Assistant City Attorney
City Attorney's Office
P O. Box 580
Fort Collins, CO 80522
If to the Lessee.
With a copy to:
ARTICLE XVI Hazardous Material,
16.1 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
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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 applicable
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)
16.2 The Lessee shall not cause or permit any Hazardous
Materials to be brought upon, kept, or used in or about the
Property by the Lessee, his officers, agents, employees,
contractors, licensees, 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 the Hazardous Material in question is
necessary or useful to the Lessee's operation; that it will be
used, kept, and stored in the manner which complies with all laws
regulating any such Hazardous Material; and that the Hazardous
Material will not materially interfere with the Lessor's use of the
Property.) If the Lessee breaches the obligation stated in the
preceding sentence, or if the presence of Hazardous Material on the
Property caused or permitted by the Lessee results in contamination
of the Property or if contamination of the Property 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, and its officers and
employees, harmless from any and all claims, judgments, damages,
penalties, fines, costs, liabilities, or losses (including, without
limitation, diminution in value of the Property, damages for the
loss or restriction on use of the Property, and sums paid in
settlement of claims, attorneys fees, consulting 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, any 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 a Hazardous Material being present in the soil or ground
water on or under the Property. Without limiting the foregoing, if
the presence of any Hazardous Material on the Property caused or
permitted by the Lessee results in any contamination of the
Property, the Lessee shall promptly take all actions at his sole
expense as are necessary to return the Property to the condition
existing prior to the introduction of any such Hazardous Material
to the Property; provided that the Lessor's written approval of
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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 effect on the Property or the Lessor's
use of the Property.
ARTICLE XVII Access and Use By Lessor.
17.1 It is expressly acknowledged and agreed that the
Lessor, and its officers, employees, and any other person properly
authorized by the Lessor, shall at all times retain the right to
enter upon and use the Property for any purpose that does not
unreasonably interfere with the Lessee's use of the Property under
this Agreement
17.2 In the event that the Lessor leases the Property to
another party for the year 19_, the Lessee covenants and agrees
that he will permit access to such party to Fields "A" and "B" of
the Property for the purpose of fall plowing and preparation of the
ground for the 19_ growing season. Such access shall be permitted
after the Lessee's 19_ crop has been harvested and all baled
cornstalks have been removed from said fields.
17.3 The Lessor reserves the right to grant to any third
party such easements and rights -of -way as it desires over, across,
and under portions of the Property and to lease all or any portions
of the Property to any other third party so long as such easements,
rights -of -way, and leases do not unreasonably interfere with the
Lessee's continuing use of the Property as provided in this Lease
Agreement
ARTICLE XVIII Hunting Rights,
18.1 The Lessee acknowledges and agrees that it shall not
sublet the Property for hunting purposes or in any way permit
hunting on the Property
ARTICLE XIX. Contingencies.
19.1 This Lease Agreement is hereby made expressly
contingent upon the City Council of the City of Fort Collins
(hereinafter referred to as "the Council") approving this Lease
Agreement by ordinance, as required by Section 23-114 of the Code
of the City of Fort Collins, which ordinance must be passed by the
Council on second reading on or before 19_, and become
law ten (10) days thereafter as provided in the City Charter If
the Council does not pass such an ordinance on or before
19_, or for any reason it does not become law ten (10) days
thereafter as provided in the City Charter, then this Agreement
shall be automatically terminated and all parties shall be released
from all obligations hereunder and any monies theretofore paid to
the Lessor by the Lessee shall be refunded in full to the Lessee.
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REQUEST FOR PROPOSAL
CITY OF FORT COLLINS
LEASE - JACOBYFARM
PROPOSAL NO P-662
The City of Fort Collins is requesting proposals from respondents to lease the Jacoby Farm site
for Agricultural purposes
Written proposals, three (3) will be received at the City of Fort Collins' Purchasing Division, 256
West Mountain Avenue, Fort Collins, Colorado 80521(P O Box 580 80522) Proposals will be
received before 3 00 P M (our clock), January 23, 1998 Proposal No P662
DESCRIPTION This 160 acre site is City owned and consists of approximately 68 arable acres
(fields "A" and "B") and approximately 5 acres of (field "C") see attached map shown as Exhibit "A"
The perimeter of the property is completely fenced as well as the individual fields
This farm site was purchased by the City with the intent of using it as the site of a future wastewater
treatment plant The farm site is located on the Poudre river approximately two miles east of 1-25
on State Highway 392 (legal description of property is available in Exhibit "B"
USE OF PROPERTY The lessee shall use that portion of the property (fields A and B) which is
arable land for the cultivation of pinto beans, sugar beets and corn only and use that portion of the
property (field C) which is planted in hay for growing hay and livestock grazing purposes only
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"
In the event that the current lessee (Greg Walker) is not awarded the future lease, the new lessee
will be required to reimburse Mr Walker for cost of the previous years fall plowing at a rate of
$15/acre " 68 acres or $1020 (one thousand and twenty dollars)
TERMS A three year lease starting January 1, 1998 and ending December 31, 2000
A Pre -Proposal meeting will be held at the Drake Water Reclamation Facility, 3036 East Drake on
Wednesday, January 14, 1998 at 10 00 a m A tour of the farm site will be made after the meeting
Questions concerning the scope of the protect should be directed to the Division Manager, Steve
Comstock, City of Fort Collins Water and Wastewater Utility, P O Box 580, Fort Collins, CO
80522, (970) 221-6900
Questions regarding proposals submittal or process should be directed to James B O'Neill II,
CPPO, Director of Purchasing and Risk Management, 256 West Mountain Avenue, P O Box 580,
Fort Collins, CO 80522, (970) 221-6775
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ARTICLE XX "AS -IS" Nature of Progerty.
20.1 The Lessee acknowledges and agrees that the Lessor
has not made, does not make, and specifically negates and disclaims
any representations, warranties, promises, covenants, agreements,
or guarantees of any kind or character whatsoever, whether
expressed or implied, oral or written, past, present, or future,
of, as to, concerning or with respect to the Property and with
respect to: (a) the value, nature, quality, or condition of the
Property, including, without limitation, the water, soil, and
geology of the Property, (b) the income to be derived from the
Property; (c) the suitability of the Property for any and all
activities and uses which the Lessee may conduct thereon including
the cultivation of crops and the grazing of livestock; (d) the
compliance of or by the Property or its operation with any laws,
rules, ordinances, regulations of any applicable governmental
authority or body; (e) the habitability, merchantability,
marketability, profitability, or fitness for a particular purpose
of the Property; (f) the manner or quality of the construction or
materials, if any, incorporated into the improvements located on
the Property; (g) the manner, quality, state of repair or lack of
repair of the improvements located on the Property; and (h) any
other matter with respect to the Property and the improvements
located thereon, and specifically, that the Lessor has not made,
does not make and specifically disclaims any representations
regarding compliance with any environmental protection, pollution,
or land use laws, rules, regulations, orders, or requirements,
including "solid waste," as defined by the U.S. Environmental
Protection Agency regulated at 40 C.F.R., Part 261, or the disposal
or existence, in or on the Property, of any "hazardous substance,"
as defined by the Comprehensive Environmental Response Compensation
and Liability Act of 1980, as amended, and regulations promulgated
thereunder. The Lessee further acknowledges and agrees that having
been given the opportunity to inspect the Property, and the
improvements located thereon, the Lessee is relying solely on his
own investigation of the Property and not on any information
provided or to be provided by the Lessor. The Lessee further
acknowledges and agrees that any information provided or to be
provided by the Lessor with respect to the Property was obtained
from a variety of sources and that the Lessor has not made any
independent investigation or verification of such information and
makes no representations as to the accuracy or completeness of such
information. The Lessee agrees that the Lessor is not liable or
bound in any manner by any verbal or written statements or
representations, or information pertaining to the Property, or to
the improvements located thereon, or to the operation thereof,
furnished by any real estate broker, agent, employee, servant, or
other person. The Lessee further acknowledges and agrees that to
the maximum extent permitted by law, the lease of the Property as
provided herein is made on an "AS -IS" condition and basis with all
faults. It is understood and agreed that the rent provided for
under this Lease Agreement and any other consideration provided by
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the Lessee under this Lease Agreement has been adjusted and taken
into consideration by the Lessee to reflect that all of the
Property is being leased by the Lessee from the Lessor subject to
the foregoing.
21.1 It is agreed that time shall be of the essence of
this Lease Agreement and each and every provision hereof.
21.2 This Lease Agreement shall be construed according to
its fair meaning and as if prepared by both parties hereto and
shall be deemed to be and contain the entire understanding and
agreement between the parties hereto. There shall be deemed to be
no other terms, conditions, promises, understandings, statements,
or representations, expressed or implied, concerning this Lease
Agreement unless set forth in writing and signed by both of the
parties hereto.
21.3 Subject to the provisions hereof, the benefits of
this Lease Agreement and the burdens hereunder shall inure to and
be binding upon the parties hereto and their respective heirs,
administrators, successors, and permitted assigns.
21.4 The parties hereto agree that this Lease shall be
governed by and its terms construed under the laws of the State of
Colorado. The parties further agree that any judicial proceedings
commenced by either of them to enforce any of the obligations,
covenants, and agreements contained herein, shall be commenced in
the Larimer County District or County Courts
21.5 Nothing contained herein shall be deemed or
construed by the parties hereto nor by any third party as creating
the relationship of principle and agent or a partnership or a joint
venture between the parties hereto, it being agreed that none of
the provisions set forth herein nor any acts of the parties herein
shall be deemed to create a relationship between the parties hereto
other than the relationship of lessor and lessee.
21.6 Failure of either party to exercise any right or
rights accruing to them by virtue of the breach of any covenant,
condition, or agreement herein by the other party shall not operate
as a waiver of the exercise of such right or rights in the event of
any subsequent breach, nor shall the breaching party be relieved
thereby from any other obligations under the terms of this Lease
Agreement
21.7 This Lease Agreement is made for the sole and
exclusive benefit of the Lessor and the Lessee, and their
successors and permitted assigns, and it is not made for the
benefit of any third party.
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21.8 The remedies of both parties under this Lease shall
be cumulative, no one of them shall be construed as exclusive of
any other remedy herein or of any other remedy provided by law.
21.9 The Lessee, upon the expiration or termination of
this Lease, either by lapse of term or otherwise, agrees to
peacefully surrender to the Lessor the Property, including the
improvements located thereon together with any alterations,
additions, and changes made to such improvements by the Lessee
during the term of this Lease Agreement, in a condition comparable
to that which existed at the time of delivery of possession, as
hereinabove provided, except for acts of God, ordinary wear and
tear, and damage by fire or other casualty not caused by the
negligence of the Lessee or anyone under the Lessee's control.
21.10 In the event any covenant, condition, or provision
of this Lease Agreement is held to be invalid by final judgment of
any court of competent jurisdiction, the invalidity of such a
covenant, condition, or provision shall not in any, way affect any
of the other covenants, conditions, or provisions of this
Agreement, provided that the invalidity of any such covenant,
condition, or provision does not materially prejudice either the
Lessee or the Lessor in their respective rights and obligations
under the valid covenants, conditions, and provisions of this Lease
Agreement.
21.11 Neither the Lessor nor the Lessee shall be deemed in
violation of this Lease Agreement if prevented from performing any
of their respective obligations hereunder by reason of strikes,
boycotts, labor disputes, embargoes, shortage of energy or
materials, acts of God, acts of public enemies, acts of superior
governmental authorities, weather conditions, rights, rebellions,
sabotage, or any other circumstances for which they are not
responsible or that are not within their control.
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0
IN WITNESS WHEREOF the parties hereto have caused this Lease
Agreement to be executed the day and year first above written.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
LESSOR:
THE CITY OF FORT COLLINS, COLORADO,
A Municipal Corporation
By.
City Manager
LESSEE:
By:
Name:
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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
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities
Sincerely,
a es B O'Neill II, CPPO
ector of Purchasinq & Risk Management
REVIEW AND ASSESSMENT
Respondents will be evaluated on the following criteria These criteria will be the basis for review
of the written proposals Criteria shall be the same if the City should require an interview
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
FACTOR QUALIFICATION STANDARD
20 Scope of Proposal Does the proposal show an understanding of the
project objective, methodology to be used and results
that are desired from the project?
20 Capability Do the respondents have the support capabilities,
equipment and assigned personnel required? Has
the respondent done previous projects of this type
and scope?
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? Is the respondent interested
and are they capable of doing the work in the
required time frame?
50 Cash Return to the City Dollar amount to be paid to City
Reference evaluation
The Project Manager will check references for the Top Ranked Firm rating each reference as
Satisfactory or Unsatisfactory
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EXHIBIT "B"
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this day of
19_, by and between THE CITY OF FORT COLLINS,
COLORADO, a municipal corporation (hereinafter referred to as "the
Lessor"), and (hereinafter referred to as "the
Lessee")
W I T N E S S E T H:
WHEREAS, the Lessor is the owner of that certain real
property, together with any improvements located thereon, situated
in the County of Larimer, State of Colorado in the Southwest
Quarter of Section 13, Township 6 North, Range 68 West of the 6th
P.M., consisting of Fields "A," "B," and "C" as shown on Exhibit
"A" attached hereto and incorporated herein by reference, which
real property shall be hereinafter referred to as "the Property";
and
WHEREAS, the Property consists of approximately sixty-eight
(68) arable acres (Fields "A" and "B") and approximately five (5)
acres of hay (Field "C"); and
WHEREAS, the Lessor desires to lease the Property to the
Lessee for the agricultural purposes hereinafter described, and the
Lessee desires to lease the Property from the Lessor for such
purposes.
NOW, THEREFORE, in consideration of the mutual covenants,
promises, and agreements herein contained, and other good and
valuable consideration, the receipt and adequacy of which are
hereby acknowledged, the parties do hereby covenant, promise, and
agree to and with each other as follows:
Article I Lease of the Property,
1.1 The Lessor does hereby lease, demise, and let unto
the Lessee, and the Lessee does hereby hire and take from the
Lessor the Property.
Article II. Term.
2.1 The term of this Lease shall be for a period of
three (3) years, commencing as of 12 01 a.m. on the lst day of _
19_, at which time the Lessor shall deliver possession of
the Property to the Lessee, and continuing until 12 midnight on the
31st day of 19_, unless sooner terminated by operation
of law or as otherwise provided in this Lease Agreement.
2.2 The Lessor warrants the Lessee's quiet enjoyment of
the Property throughout the initial term of this Lease and any
renewal thereof, subject to the provisions of this Agreement.
2.3 Notwithstanding the foregoing, if the Lessor
decides, in its sole discretion, to commence construction of a
wastewater treatment plant facility upon the Property, the Lessor
may terminate this Lease Agreement upon giving the Lessee sixty
(60) days prior written notice of such termination. In the event
of such termination, the Lessee shall be entitled to receive
reimbursement from the Lessor for any expenses reasonably incurred
by the Lessee in anticipation of the continuation of this Lease
Agreement in accordance with paragraph 2.1 above, including, but
not limited to, costs to prepare the Property for planting.
However, notwithstanding the foregoing, once a crop has been
planted in Fields "A" or "B," the Lessor may not terminate this
Lease Agreement until the Lessee has harvested such crop upon its
maturity.
Article III. Rent,
3.1 The Lessee shall pay to the Lessor during the first
year of this Lease an annual rental of
($ ), which total amount shall
demand or notice, by the Lessee to the Lessor
be payable, without
on April 1, 19_.
3.2 The Lessee shall pay to the Lessor for the second
year of this Lease an annual rental of
($ ), which total amount shall
demand or notice, by the Lessee to the Lessor
be payable, without
on April 1, 19_.
3.3 The Lessee shall pay to the Lessor for the third
year of this Lease an annual rental of
($ ), which total amount shall be payable, without
demand or notice, by the Lessee to the Lessor on April 1, 19_.
3.4 All payments of rent shall be made by the Lessee to
the Lessor at such place as the Lessor may, from time to time,
designate in writing. For the present, the Lessor designates the
City of Fort Collins Water/Wastewater Utility, c/o Steve Comstock,
700 Wood Street, P.O. Box 580, Fort Collins, Colorado 80522, as the
place for the making of rental payments. All such rent shall be
payable in current legal tender of the United States as the same is
then by law constituted. Extensions of time for the payment of any
installment of rent or the acceptance by the Lessor of any money
other than of the kind herein specified shall not be a waiver of
the right of the Lessor to insist on having all other payments of
rent made in the manner and at the time herein specified.
Article IV Use of the Property,
4.1 The Lessee shall use that portion of the Property
(Fields "A" and "B") which is arable land for the cultivation of
pinto beans, sugar beets and corn only and use that portion of the
- 2 of 17 -
Property (Field "C") which is planted in hay for growing hay and
livestock grazing purposes only.
4.2 The Lessee shall not use the Property in such a
manner so as to violate any applicable law, statute, ordinance,
rule, or regulation of any governmental entity or body.
ARTICLE V. Maintenance Repairs and Operations
5.1 The Lessee covenants and agrees at all times during
the term of this Lease, to maintain and keep in a condition and
state of repair comparable to that which existed at the time of
original delivery of possession, all of the Property and the
improvements located thereon, including, but not by way of
limitation, the fencing located upon the Property. The Lessee,
however, shall only be responsible for such maintenance and repairs
of the fencing on the Property that are ordinary and routine in
nature. Further, the Lessee shall only be responsible for paying
for the costs of labor for such maintenance and repairs of the
fencing. The Lessor shall be responsible for the costs of any
materials needed for such maintenance and repairs. In addition,
the Lessor shall be responsible for the costs of all labor and
materials needed to build any new fences on the Property deemed
necessary by the Lessor as well as the replacement of any
improvements required during the term of this Lease Agreement. The
Lessee shall not be responsible for any maintenance or repairs
necessitated as a result of the Lessor, its officers, employees,
agents, or permittees entering upon and using the Property as
permitted by this Lease Agreement and the Lessor shall be
responsible for any maintenance and repair necessitated by such
entry and use. At the end of the term, the Lessee shall re -deliver
the Property and the improvements located thereon in a condition
and state of repair comparable to that which existed at the time of
original delivery, ordinary wear and tear excepted.
5.2 The Lessee shall be responsible for controlling all
noxious and toxic plants found upon the Property. This shall
include destroying all weeds along the lateral ditches, fences, and
in the fields of the Property before the same shall form seed. The
Lessor, however, shall be responsible for the costs 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 Property, the Lessee shall comply with all
applicable federal, state, and local laws, rules, and regulations
regarding 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 attorneys fees that
may result from the Lessee's use, application, and storage of such
herbicides and other materials.
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