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HomeMy WebLinkAboutRFP - P697 LEASE RESOURCE RECOVERY FARMCity of Fort Collins MMNbMMMMMEMMMMMMMzw Admi- , ative Services Purdiasing Division REQUEST FOR PROPOSAL CITY OF FORT COLLINS LEASE - RESOURCE RECOVERY FARM PROPOSAL NO P-697 PROPOSAL DATE: 3:00 p.m. (our clock) OCTOBER 23, 1998 256 W Mountain Avenue • PO Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 fees that may result from the Lessee's use, application, and storage of such herbicides and other materials 53 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 lateral ditches clear of noxious and toxic plants as required by paragraph 5 2 above 54 The Lessee shall be responsible for removing all baled cornstalks from the Property 55 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 56 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 operations on the Property, shall be the responsibility of and provided by the Lessee 57 The Lessee shall keep records of all fertilizer, pesticide, and herbicide applications, copies of which records shall be provided to the Lessor by the Lessee on a monthly basis 58 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 Section 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. 61 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 62 The Lessee hereby indemnifies and agrees to hold the Lessor harmless from all liens, claims, or charges on account of any alterations, additions, improvements, repairs, or changes made to the Property or the improvements located thereon by the Lessee M ARTICLE VII Insurance. 71 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 72 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 injuries, 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) 73 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 74 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 Bests Insurance Reports of " A" (Excellent) or better and a financial rating of " K' or better or such equivalent classification as may hereinafter be required customarily for properties similarly situated and it must be approved by the Lessee 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 75 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 Q so billed, the Lessee shall reimburse the Lessor for the costs of such insurance within thirty (30) days of being billed ARTICLE Vill. Utilities and Water 81 To the extent that any utilities are available on the Property, the Lessee shall be permitted to reasonably use such utilities in his farming operations on the Property at no charge 82 The Lessor shall furnish to the Lessee, during the term of this Agreement, for his use in farming the Property, two hundred fifty (250) acre feet of CBT water annually All assessments and running charges associated with such delivered water 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 under this Agreement 83 The Lessor shall be responsible for reasonable irrigation pumping costs and for the maintenance, repair, and improvement costs as needed on the irrigation wells located on the Property ARTICLE IX. Sublettina and Assignment 91 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 92 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 93 The obligations and rights of the Lessee to use the Property for farming 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 10 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 possession thereof is acquired by another governmental authority, whichever first occurs 102 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 103 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 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 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 11 ARTICLE XII. Holding Over. 121 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 (Q be adjudicated as bankrupt or insolvent, (u) 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 (ui) 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 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 12 Ask ARTICLE XIV. Indemnification 141 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 142 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, regardless of cause, incurred in connection with the Lessee's crop cultivation upon the Property under this Lease Agreement, unless such crop failures result from a negligent act or omission of the 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 sea) 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. 151 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 13 LJ If to the Lessor Steve Comstock, Water Reclamation Manager 3036 East Drake Road Fort Collins, CO 80525 If to the Lessee ARTICLE XVI. Hazardous Material With a copy to City Attorney's Office P O Box 580 Fort Collins, CO 80522 With a copy to 161 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 applicable state law provisions, (n) petroleum, (ni) 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 (vn) defined as a "regulated substance" pursuant to Subchapter IX, Solid Waste Disposal Act (Regulation of Underground Storage Tanks) (42 U S C Section 6991) 162 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, 14 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 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 172 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. Contingency 181 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 January 2, 1996, 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 January 2, 1996, 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 ARTICLE XIX. "AS -IS" Nature of Property. 19 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, (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 15 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 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 ARTICLE XX. Hunting Rights 201 The Lessee acknowledges and agrees that he shall not sublet the Property for hunting purposes or in any way permit hunting on the Property ARTICLE XXI Miscellaneous 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, personal representatives, successors, and permitted assigns 16 Ash 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 nghts 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 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, riots, rebellions, sabotage, or any other circumstances for which they are not responsible or that are not within their control 17 �M�{ .;Ai� vy 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 In John Fischbach, City Manager By James B O'Neill II, CPPO Director of Purchasing and Risk Management LESSEE E� i ® Page 1 of 7 EXHIBIT "A" e, .A tract of lan0dlocated 2thc East 1/2 of the Last 1/2 of the So.ith .cat 1/4 and the East 1/z fSection 21, E�eEPT: Boo]. 0343 at Page 0001, described as follows: -Beginning at a point in the North boundary of the herein above described real property, said point being at the intersection of the said North boundary and the westerly right -of -tray line of State High -ay T.o. 185, from i•hich point the East quarter corner of Section 21, T. 7 N., R. 68 W., of the Sixth Principal Meridian bears S. 89°51' E, a distance of 1,19.2 feet, said point also being 165 feet iresterly, at right angles to, the center lire of said State Highray No. 165, Thence 165 feet iesterly of and parallel to the said center line of State Highi,ay A'o 1S5, along the arc of a curve to the left with a radius of 11625.0 feet a distance of 1100.3 feet (the chord of which arc bears S. 7032' E. a distance of 1099.9 feet) to a point in the East boundary of said hereLnabove described real property at the intersection of said hast boundary and the said westerly right -of -tray line of State Highway No, lss." ALSO EXCEPT: Book 843 at Pate 003, described as follows: ' Beginning at a point in the South Boundary of the hereinabove described real proparty, said point being at the intersection of said South boicdary and the westerly right -of -}ray line of State High:•ay No. 1SS, from uliich point the E 1/4 corner of Section 21, T. 7 N., R. 68 il., of the Sixth Principal Ileridian bears S, 89°51' E. a distance of 149.2 feet, said paint also being 165 feet westerly, at right angles to the center line of said State Highway No. 1S5: Thence 165 feet westerly of, and parallel to, the said center line of State Highway No. 1SS, along the arc of a curt, to the right with a radius of 1162S.0 feet a distance of 1032.0 feet (the chord of which arc bears N. 2*19 1/2' H', a distance of 1031.7 feet); Thence 165 feet iresterly of, and parallel to, the said center line of State Highway No. 18S, N. 0013' E. a distance of 1SS4 4 feat to a point i•here the said westerly right-of-way line of State thghray %0' 1SS intersects the southerly- right-of-way line of the adloinirg county road on the North side of said hereinabove described real prcparty," ALSO EXCEPT: Book- 643 at Page 0005, described as follo.s: "A tract or parcel of land... in the I,orthcast Quarter of Section 21, Township 7 North, Range 6S Lest of the 6th P.11 , in larsier County, Colorado, said tract or parcel being more particularly described as follo'.s: Beginning at the NE corner of Section 21, lornshi0 7 North, Range 68 Kest of the 6th P.NI„ thence along the North line of said Section 21, Ncrth 89°29' hest a distance of 195.0 feet; thence South 0*13' last a distance of 1614.4 feet; thence along the arc of a curve to the left with a radius of 1162S.0 feet, a distance of 1032.0 feet (the chord of uhirh arc bears South 2°19'30" East a distance of 1031.7 feet) to a point on the East and hest quarter line of said Section 21; thence along the East and 14est quarter line of said 5ecticn 21, South 89°51' East a distance of 149.2 feet to the E 1/i coiner of said Section 21; thence along the East line of said Section 21 North 0.13' East a distance of 2G43 9 feet, pore or less, to pomnt of beyinning; AISO a tract or parcel of land ... in the Soatheast QuLrter of Section 21, Township 7 North, Range 68 hest of the 6th P.H., in Lary er Cotaity, Colorado, said tract or parcel is more particularly described as follo•rs: Beginning at the E 1/4 comer of Section 2) , To••'nship 7 North, rlange 68 I%est of the 6th P.M., therce along the East and hest quarter line of said Section 21 North 69°48' (lest a distance of 1,19 2 feet; thence along the arc of a curve to tn_ left tith a radius of llG2S_0 feet a distance of 1100.3 feet (the chord of i.hich arc bears South '7°32' East a distance of 1099.9 feet) to a point on the Last line of said Section 21, thence along the East line of s_id ;;action 21 North 0°16' East a distance of 1039.9 feet, more or less, to paint of beginning." ( Page 2 of 7 ALSO E\CEFT 13001\ 1234 at 0241, described as follo.1s: u. r "A tract or parcel of land r'o 29 of Colorado ➢epartnenr of Hiohways Project No. I ZS-3(31)ZSS Section 2... in the L 1/2 of the E 1/Z of Section 21, 701.nship 7 North, Mange 68 ICest of the Sixth Principal 1,eridian, an Lariner County, Color -do, said tract or parcel bung core particularly described as follow;: ➢eginning at a pomi. on the North line of Section 21, T,7\ R my., fromwhich the hE corn>_r of Section 21 bears S. 89°26' 1.1. a distance of 972.0 feet; 1. Thence along the north line of Section 21, S. 89°Z6' E, a distance of 972.0 feet to the NE toner of Section 21: Z. Thence alonlg the east line of 5ection 21, S 0016' hr. a distance of 2,555.1 feet- 3_ Thence N. 89'441 If. a distance of 195,0 feet to the 1:zst rig uay line of S•Y.. No. 185; 4. Thence X. 6000'30" If. a distance of 704.2 feet- S. Thence N. 17°49' 11. a distance of 789.0 feet; 6. Thence N, 51`11'30" 11. a distance of 70.8 feet: 7. Thence N. 80°26' 11. a distance of 300 Uo feet; 8. Thence N. 6S"12130" If. a distance of 109.7 feet to the south right- of-i.ay line of the County Road; 9. Thence N. 0*34' E. a distance of 30.o feet, rare or less, to the point of beginning, ALSO, Beginning at a point on the east line of Section 21, T.-jN., R.6S19fro-" which the NE corner of the SE 1/4. of Section 21 bears N. 016' E. a distance of 1,430.5 feet; 1. Thence along the east line of Section 21, X. 0°16' E. a distance of 340.6 feet to the Lest right-of-way line of S.H. No, 185; 2, Thence along the west -right-of-way line of S.H. No, 185, along the arc of a curve to the right having a radius of 11,625,0 feet, a distance of 800.0 feet (the chord of this arc bears N. 8016,301, a distance of 799.9 feet); 3, Thence S. 6"10130" W. a distance of 417,5 feet; 4. Thence along the arc of a curve to the left having a radius of 11,680.0 feet, a distance of 611.6 feet (the chord of this arc bears S. 9'48'E. a distance of 611.5 feet); 5, Thence S. 25"21, E. a distance of 126.9 feet, more or less, to the point of b=ginning." ALSO EXCEPT: Book 144S at Page 669, described as follows: "inat portion of lands ... in the NE 1/4 of Section 21, To•nship 7 North, Range 68 Kest of the 6th P.M. which is bounded in the North by Prospect Street, on the East by Boxelder Creel, on the South by the outlet or Boxclder Creel- for Fossil Creek Reservoir and on the Vest by the center section line of Section 21, Township 7 North, Range 63 hest of the 6th P. M. "; ALSO a -tract of land in the South•:est 1/4 of Section 22 as described in Boo; 846 at Page 010 as follows: "A tract or parcel of land ... in tale St 1/4 of Section ZZ, T. 7 N., R. 68 h1. of the Sixth principal 'Meridian, in Latimer County, Color --do, said tract or parcel being pore particularly described as follot:s: Bcginniro at the S': corner of said Section 22; thence along the South lire of said Section 22, N. 89°59' E. a distance of 344.2 feet to the southwesterly right of i-ay, line of State High,ay No, 185; thence along said south: esterl}- right of t:ay line of State Hign•cay No. 1S5, N. 12"34• lf„ a distance of 1120.3 feet; thcace continuing zlon� said southwesterly right of i ay line of State lhigh•.ay No, 1SS, and also along the arc of a cane to the right with a radius of 11025 feet, a distcrce of 471.5 feet (the chord of which arc bears X. 11`2411, a distance of 471.5 fe•=t) to a point oa tl-e uast line of said Section 22; thence along said t.est line of Section 22, (N) 0,161 h'_ a distance of 1555.8 feet, rorc or less, to the point of L•eginain�J' I Page 3 of 7 IV roll that par f Scction 23 described in Fool. 1SS3 at pave 193__Item t13, ys "Pe^,1Ming at a point 665 22 feet lest of tl1_ \nrtncast corner thereof, thence S. 59'32'1%. 1171.44 feet to a point on the Northerly ban;- of tne'iwcne La Poudre River, thence '(N) 02°05' E. 74 30 feet, thence N- 19'03' ',- 203.33 feet, thence X. 63°32' W. 521 feet, thence N. 86'03' W233.40 feet, thence !. ale-lg the 11. lira of the NE 1/4 to the N 1/4 corner of said Section, thence Last alon; the North line of said NE 1/4 to the point of begulntng." ALL in To reship 7 Forth, Range 63 Cast of the 6th P.m., of Latimer Courtly, Color,, i.hich has been surveyed to be laioin as the following described property- Considerin- the East line of said Section 21 as baaring N. 00'19'25" E. and 1.Zth :11 bearings contained herein relative thereto: Co=cnci.ng at the SE corner of said Section 21; thence S. 89°S1'31" E_ 344.37 feet alo^g the South line of said Section 22 to a point on the 1.esterly right-of-11ay line of State Hight,ay No. 155 (I-25), thence, N. 12030'35" h. 965.97 feet along said 1:asterly right -of -nay line; thence, continuing along said Iesterly ri,nt-of- 1,ay line N. 25'17'3S" W. 425.50 feet; thence, 611.62 feat on the arc of a non - tangent curve to the right with a central angle of 3°OD'01", a radiw of 11,630 feat, and whose long chord bears N. 09°44'35" 17. 611.50 feet; thence, N. 6°13'SS" E_ 417.50 feat along a non -tangent line, thence, 1324.49 feet on the arc of a non- ta .,ant curve to the right with a central zn,le of 6°33'06", radius of 11,SS3 feet and 1.hose long chord bears N. 2°59'00" 11. 1323.75 feet; thence, N. 00019'27" E 53.90 feet; thence, N. 05057'05" IV. 704.20 feet; thence, N. 17'36'34" 1; 789.49 feet alons the existing rights -of -way fence line of State High•.ay 185 (1-25)- thence, continuing along said right -of -fray fence line ?'. 35°40'37" ll. CO.95 feet; thence, N. 89°44'35" h. 327.52 feet; thence, N. 61'32'56" 1.% 83.36 feet; thence, leaving said right-of-way fence line C. 01'46140" E. 36.42 feet to a point on the 1,esterly right-of-vay line of State High -,ay No.•185 (I-25) and on the North line of the X-E 1/4 of said Section 21, thence, N. S8°13'20" IV. 637.17 feet along the north line of the NE 1/4 of said Section Z1 to a point on a neandz- line of Boxelder Creek; thence, S. 32°09,58" E. 596.95 feet along a neanier line of said. Boxelder Creek to a point on a reand=_r line for the outlet of Boeeldar Creek for Fossil Creek ReserTair; thence, leaving said meander line of Boxelder Creek, S. S3'35' W. 600.00 feet alon- said meander lire of the outlet of LoCzlder Creek for Fossil Creek R senoir; thence, S. 48°11146" W. 951.34 feat �o a point on the 1:est line of the Tc 1/4 of said Section 21; the -ice, leaving said nea:-'_ar li S. 0'23'55" W. 2459.17 feet along said least line of the NE 1/3 to the C 1/4 corner o£ said Section 21; thence, N. SS'26'03: 11. 365.13 feet along the nark lire of the S.., 1/4 of said Section 21; thence, S. 01'1D'0o" 1'1. 2,193.31 feet- thence, 3. 19'3-'45"LE_ 117.80 feet; thence, S. 69'34'45" E. 175.00 feet to a point on th-_ :ouch line of the S. 1/4 of said Section 21; thence, S. SS°35'16" E. 194.53 feet along said south line of the S:1 1/4 to the S 1/4 corner of said Szctio•i 21; thence, S. 0012'10"h'. 79.03 feet along the Lest line of the Nc 1/4 of sud Section 28; thence, S. S4'44'03" E. 242.49 feet- thence, S 62'OS'03" E. S21.00 feet- thence, S. 17°43'03" L. 203.33 feat; thence, S. 03 29'S7"Il. 74.30 feat; thence, N. 60°55'S7" E. 1171.44 feet to a point on the South line of the SE 1/4 of said Section 21; trance, S. SS°36'03, E. 565.22 feat along said south line to the Point of BegiMln„ TOGET1-11 17IT17 6 shares of LaLe Canal Company capital stool all calls, plisps and attachments thereto located on said land and all adjudica- tions or permits issuad for said yells, but without warranty or oblication concerning such adjudications or pei-slits; however, excluding therefrom and reserving unto party of the _first part, its successor= and assicr.=, 105 units of Northern Colorado hater Conservancy District_ SUHZECT TO the terms of a certain farm lease dated January 1, 19r7, betl.aan Fred e. Kluver as landlord and Poy Schneider as tenant_ CESE3'✓I\G unto party of the first part, its successors and as=ig�s, the notion to purchase said property pursuant to the terra of a bo^a flee offer ride for purchase of said property to party of Lhe second part_ Party of the first part shall have a period of 90 days froze receipt of written notification of such offer to elect, in writing, Lo eith.er refuse or agree to purchase the oropart3 under Lhe urns thercoE- 1 Page 4 of 7 AND ALSO: A tract of land situate in the 1135 of Section 27 and In the Fy of the E§ of Section 28, Township 7 North, Range GR ucrt- or th f,l`t P.M., which consldeilnq the South line of said Section 'It a- b••,r t,� 509'10'S0"E and with all bearings contained herr_ln r^_latwa th�tVLo 15 contained within the boundary lines whic', he gin at a ,.Vint r_❑ the Ucst line of the E1; of the E, of said SVCLion 20 ,haVh rm,r^ ;'89.10'50'11 1319.30 feet and acnin 000.25122"E the Soutneast corner of said Section anc run tncncc N56•51'Z 590 56 feet. thence S79.51'10"E 408.•,5 fact. thence 539.29'20•E 3.19.03 feet, thence 515.25'50"E 674.84 feet thence S19'5G'20"E 049.02 feet, thence S42.13'20"E 509.43 fact, thence S55'32'10"E 437.43 feet, thence 517.34'30'11 690.03 feet to a Point on the Uortneastcrl,, line of the Colorado and Southern Railroad; thence along said Northeasterly line S5G'37'E G19.72 Sect Lo a point on the Westerly line of Inrerstate ❑ighsay 25, thence along said !Westerly line 1112':14 "' 109-70 feet ,,, : N08.59'30'1/ 801 60 feet and again 1112.34'I7 2001.10 yeti ar,•' :•,ayn 577.26•14 52.00 feet and again 1112.34,11 1000.00 feet ,,rd 1102.44'11 304-50 feet and again N12.3.1'11 321.35 fact to a nu,ut un the North line of the N17; of said Section 27. Lhcnce S09.59'14 344.1G feet to the Northwest corner of ^atd Section 27; thence 1100*27'50"" 065.22 feet along the i!OrLh ,Inc of ,', _• „f the r;l of said Section 28; thence along the centerline of Bo -elder Creel.9'S0 ••,- �,l1.lU feet and again S44`02'50"E 193.13 feet and again :.30.3 •':.U-,. 440.72 feet, thence N05"20'10"ll 4G1.48 feet and .,gain SG4 •ln'lU'•t' f, 1,; n2 r,.,,t to a point on the !lest line of the E-, of the E, o: oatd LcL;iun 21! thence S00'25'22"14 307.95 feet to the POIN17 OF UCLl U,'laG, and being SUBJECT to a 60.00 foot wide access road wnose centcrli„c at a point which bears N09.10150"14 1319.30 feet w d'a,pitn ^n0 ^25.2_-1 3785.43 feet and again East 1141.50 feet and again S15'25-50-F 551.04 fret from the Southeast corner of said GLCOlun 29 .,ud run thence N77"26'E 791.07 feet, more or less, Lo a point on tJn_ itrstcrly line of Intorstate lligh4iy 25, and also brims SUDJECI to a rIght of way for the Sand Dike Ditchas is now exists. E\CEPT all that portion convcycd to Mobile Prtmiy Cnnc-_L••, Inc. 1; Deed recorded June 23, 1902 in Dool. 2173 at Page 151. r mow_` COUNTY OF LAAIHER, STATE OF COLORADO• ' r q Page 5 of 7 AND ADDED A tract of land located i.n the M' of Section 21, Townsnip 7 L;orth, Ran,e 68 west of the 6th P.11 , 1x: g more particularly dscribtd as folios. Consideringthe East line of the M,, of said Section 21 as bearing N00°23'53'Eand with allbearine contained herein relative thereto* Oa4123CMG at the center quarter caner (South east corner, HI'10 of said Section 21; said Point being the mDlr OF MGIf:1ING of said tract; thence along the South line of said Mr-, 1488"26'03"W, 3G6.18 feet; thence N01`10'00"E, 218.65 feet; thence 569°46'32*11, 416:84 feet; thence 1;00"23' 55"E, 730.90 feet; thence N57`23'22"E, 930.13 feet to the Fast line of said Nrvs:, thence S00°23'55"W, 1459.16 feet along said East line to TIE PJINT OF PMIIINING. AND EXCEPT: A tract of land located in the Sk of Section 21, and in the NFi; Of Section 29, T 7N, R6817 of the 6th P.M., of lariml County, Colorado, beynq rrore Particularly descrilxid as follows: Considering the South lue of t}e S&: of said Section 21 as brarinq N 88036'03" it and with all bearings contained }.ereyn relative thereto: Beginning at the S: corner o� said Section 21; thence, along the South line of t)r SI"r. of sai3 Section 21, N 88 35'16" W, 194 88 feet; tMnce:, N 69034'45" '1, 175. 00 feet; thence N 19034'45" 17, 117.80 feet; than is O1d10'DO" E, GD0.92 feet; thence, S 60 46'09" E, 1422.02 feet; th:nce S 01 10'00" 0' 44b.09 feet- thence N 99009'08" 14, 103.97 feet; thence, N 69°49'10" it, 43.63 feet• thence, N 62°03'03" W, 521.00 feet; thence, N 84 4a'03" 17, 242.49 Feet to the 4-=st line of t7e NT). of said Section- 28; thence, along the said west lane, 11 00011'10" E, 79.08 feet to the Point of Beginning, containing 16.23 acres, more or less. Ash Page 6 of 7 ALSO EXCEPT: A parcel of land located in the Northeast Quarter of Section 28, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, being more particularly described as follows; Commencing at the Northeast corner of Said Section 28 and considering the North line of the Northeast quarter of Said Section 28 to bear North 89017100" West with all bearings contained herein relative thereto; Thence along the North line of the Northeast Quarter of Said Section 28, North 89*17100" West, a distance of 865.22 feet to the Northeast corner of that certain parcel of land described in Book 1295 under Reception #894647 of the Larimer County records. Said point being the True Point of Beginning. Thence along the North line of Said parcel South 59*32100" West, a distance of 1171.44 feet to the Northwest corner of Said parcel; Thence North 02006/00/1 East, a distance of 30.57 feet; Thence North 60048140" East, a distance of 1155.27 feet to the True Point of Beginning. Said parcel contains 15,091 square feet more or less and is subject to any easements or rights -of -way of record or that may now currently exist o= Said parcel of land. t Page 7 of 7 r AND EXCEPT: A parcel of land located in the Northeast Quarter of Section 28, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, being more particularly described as follows: Commencing at the Northeast corner of Said Section 28 and considering the North line of the Northeast Quarter of Said Section 28 to bear North 89017'00" West with all bearings contained herein relative thereto; Thence along the North line of the Northeast Quarter of Said Section 28, North 89017100" West, a distance of 865.22 feet to the Northeast corner of that certain parcel of land described in Book 1295 under Reception 1894647 of the Larimer County records. Thence South 60048140" West, a distance of 306.09 feet to the True Point of Beginning; Thence continuing along Said line, South 60048140" West, a distance of 849.18 feet to the West line of that certain parcel of land described in Book 2007 at Page 7 of the Larimer County Records; Thence along Said line the following two courses: 1) North 02006100" East, a distance of 43.73 feet; 2) North 19008100" West, a distance of 203.33 feet; Thence continuing along the projection of Said line North 190081001, West, a distance of 14.24 feet to the South line of that certain parcel of land described under Reception #86076253 of the Larimer County Records; Thence along the South and East line of Said parcel the following three courses: 1) South 70030107" East, measured (South 69049110" East Deed) a distance of 43.62 feet Deed and measured; 2) South 88050105" East, measured (South 88o09108" East Deed) a distance of 103.97 feet Deed and measured; 3) North 00029103" East, measured (North 01000100" East Deed) a distance of 190.74 feet; Thence South 89012130" East, a distance of 664.45 feet to the True Point of Beginning. Said parcel of land contains 3.4213 acres more or less and is subject to any easements or rights -of -way of record or that may now currently exist on Said parcel of land. SLUDGE--FAR-M--S-1TE- -PL-AN --- - - _ K"I Ash REQUEST FOR PROPOSAL CITY OF FORT COLLINS LEASE - RESOURCE RECOVERY FARM PROPOSAL NO P-697 The City of Fort Collins is requesting proposals from respondents to lease the Resource Recovery Farm 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 Proposals will be received before 3 00 p m , (our clock), October 23, 1998 Proposal No P-696 A Pre -Proposal meeting will be held at the Wastewater Treatment Plant #2, 3036 East Drake on Friday, October 16 1998 at 10 00 a m A tour of the farm site will be made after the meeting Proposals should address all the Review and Assessment Qualifications listed in this Request for Proposal Proposal price per acre will be based on 170 acres DESCRIPTION This 373 acre site is City owned and consists of approximately 212 arable acres (Fields 1-9) see attached map shown as Exhibit "B" The perimeter of the property is completely fenced This farm site was purchased by the City for the purpose of using wastewater biosolids as agricultural fertilizer The farm site is located southwest of 1-25 and Prospect Road. USE OF PROPERTY The Lessee shall use the Property for the cultivation of crops only subject to the following terms and conditions A The Lessee acknowledges and agrees that his agricultural activities on the Property will not interfere with the Lessor's operation or repair of the sludge application system located on the property The Lessee further covenants and agrees that he will permit the Lessor ready access to the Property and that he will not permit any of his employees or agents to exercise any direction or control over the operation or repair of the sludge application system wheresoever located and howsoever constituted 1 B The Lessor reserves Field 2, as described on Exhibit "B" attached hereto and incorporated here in reference, for sludge application during the 1999 growing season. The Lessee shall cultivate a crop of corn, or other crop or crops of the grass family, on Fields 1, 3, 4, 5, 6, 7, 8, and 9, as described on Exhibit "B" attached hereto during the 1999 growing season. C The Lessor may reserve from the Property leased under this Agreement such number of acres as the Lessor deems necessary for sludge application in 2000 and 2001 Also, in the years 2000 and 2001 the lessor may improve such growing restriction on the remaining acreage as may be required by federal, state and local rules or regulations pertaining to sludge application However, the Lessor agrees to consult with the Lessee before deciding how many and which acres of the Property to so reserve and what growing restrictions to impose on the remaining acres Those properties which are reserved for sludge application may have to be maintained as summer fallow during the growing season Summer fallow lands upon which sludge is applied during one year must be cropped the following year. 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 the cost of any discing, plowing and mulching which has been accomplished on the farm during the fall, at a rate of $30/acre times a maximum of 152 acres, for a maximum total of $4,560 (Four Thousand Five Hundred and Sixty Dollars) TERMS A three year lease starting January 1, 1999 and ending December 31, 2001 Questions concerning the scope of the project should be directed to the Project Manager, Steve Comstock, or Steve Putnam, Technical Services Supervisor, City of Fort Collins Water and Wastewater Utility, P O Box 580, Fort Collins Colorado 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 (970) 221-6775 2 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, ames .O'Neill II, CPPO D or of Purchasing &Risk Management 3 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 Price per acre based on 170 acres 0 AMk LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this day of , 199, 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") WITNESSETH. WHEREAS, the Lessor is the owner of that certain real property, together with any improvements located thereon, situated in the County of Lanmer, State of Colorado which real property is legally described on Exhibit "A" attached hereto and incorporated herein by reference, and which shall be hereinafter referred to as "the Property", and WHEREAS, the Property consists of approximately three hundred seventy-three (373) acres of which approximately two hundred twelve (212) acres are arable, and of which approximately one hundred sixty-five (165) acres will be available to the Lessee for agricultural purposes in any year, subject to the terms and conditions hereinafter set forth, 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 12 Article It. Term and Option to Renew. 21 The term of this Lease shall be for a period of three (3) years, commencing as of 12 01 a m on the _th day of , 199, at which time the Lessor shall deliver possession of the Property to the Lessee, and continuing until 12 midnight on the _th day of _, 199-, unless sooner terminated by operation of law or as otherwise provided in this Lease Agreement 22 Notwithstanding the foregoing, if the Lessor decides, in its sole discretion, to sell any portion or all of 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, including, but not limited to, costs to prepare the Property for planting and a prorated ASK reimbursement of rent paid in advance under this Agreement In the event that a crop has been planted, and the sale of the Property precludes the harvest of any portion or all of the crop, the Lessor shall make payment to the person farming the crop for the value of the crop lost on a yield basis determined as of the time that the rest of the crop is harvested 23 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 Article III. Rent. 3 1 The Lessee shall pay in advance to the Lessor during the term of this Lease an annual rental of ($_ 00), which total amount shall be payable in advance, without demand or notice, by the Lessee to the Lessor on 1, 199, and on _ 1 of each subsequent year of this Lease 32 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, 3036 East Drake Road, Fort Collins, Colorado 80525, 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 41 The Lessee shall use the Property for the cultivation of crops only subject to the following terms and conditions A The Lessee acknowledges and agrees that his agricultural activities on the Property will not interfere with the Lessor's operation or repair of the sludge application system located on the Property The Lessee further covenants and agrees that he will permit the Lessor ready access to the Property and that he will not permit any of his employees or agents to exercise any direction or control over the operation or repair of the sludge application system wheresoever located and howsoever constituted B The Lessor reserves Fields 1 and 8, as described on Exhibit "B" attached hereto and incorporated herein by reference, for sludge application during the 1996 growing season The Lessee shall cultivate a crop of corn, or other crop or crops of the grass family, on Fields 2, 3, 4, 5, 6, 7 and 9 as described on Exhibit "B" attached hereto during the 1996 growing season C The Lessor may reserve from the Property leased under this Agreement such number of acres as the Lessor deems necessary for sludge application in 1997 and 1998 Also, in 1997 and 1998 the Lessor may impose such growing restrictions on the remaining acreage as may be required by federal, state and local rules or regulations pertaining to sludge application Such restrictions may include, without limitation, what crops can be grown on the remaining acreage made available for cultivation If, however, the Lessor does not impose a restriction on what crops can be grown on the remaining acreage, the Lessee may grow any crop on such acreage if to do so does not unreasonably interfere with the Lessor s other operations on the Property However, the Lessor agrees to consult with the Lessee before deciding how many and which acres of the Property to so reserve for sludge application and what growing restrictions to impose on the remaining acres Those properties which are reserved for sludge application may have to be maintained as summer fallow during the growing season Summer fallow lands upon which sludge is applied during one year must be cropped the following year 42 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 51 The Lessee covenants and agrees at all times during the term of this Lease, to maintain and keep all of the Property that the Lessee farms under this Agreement in a condition and state of repair comparable to that which existed at the time of original delivery of possession Notwithstanding the foregoing, the Lessor shall be solely responsible for maintenance and repairs of the fencing located on the Property and for conducting all mowing operations on the Property 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 52 The Lessee shall only be responsible for controlling noxious and toxic plants found in the fields on the Property cultivated by the Lessee and in and along the irrigation lateral ditches in and adjacent to the fields on the Property farmed by the Lessee under this Agreement This shall include destroying all weeds in and along said fields and lateral ditches before the same shall form seed The Lessee shall be responsible for the costs of any herbicides or other materials necessary to control such plants However, in the event that the fields on the Property cultivated by the Lessee become infested with weeds or noxious plants after planting, the Lessor agrees to contribute up to Five Hundred Dollars ($500 00) for the purchase 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