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HomeMy WebLinkAboutRFP - 7083 SOAPSTONE PRAIRIE NATURAL AREA GRAZING LEASEF6Collins.rt ADDENDUM No. 1 SPECIFICATIONS AND CONTRACT DOCUMENTS Financial Services Purchasing Division 215 N. Mason St 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 1cgov. com/purchasing Description of RFP 7083: Soapstone Prairie Natural Area Grazing Lease OPENING DATE: 3:00 P.M. (Our Clock) January 15, 2010 To all prospective bidders under the specifications and contract documents described above, the following changes are hereby made. CLARIFICATION: QUESTION: Who is responsible for injury caused to a member of the public from livestock grazing at Soapstone Prairie? ANSWER: As identified in Exhibit B (Soapstone Prairie Natural Area Grazing Lease Agreement), the lessee is responsible for injury or damage caused by livestock (Article XVIII). Minimum general liability insurance requirements are also identified (Article VIII). The City encourages any persons interested in responding to the RFP to consult with their own attorneys regarding their potential legal obligations and liability under the Lease Agreement. ATTACHMENTS: 1. PreProposal Conference Attendance Sheets. 2. 2009 Grazing Lease Presentation. Please contact John D. Stephen, CPPO, LEED AP, Senior Buyer at (970) 221-6777 with any questions regarding this addendum. RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED BY A WRITTEN STATEMENT ENCLOSED WITH THE BID/QUOTE STATING THAT THIS ADDENDUM HAS BEEN RECEIVED. where renewal is a way of life Soapstone brazing Management 0 OMASM(BM m afl apfoM man o COROONSTOon �amou ohongram PMOOMW gr aM ando cayabm ordo of pmy Ropgn an§ mW and oyabom Ram I ohms mo o pknb Fodhou d ,%MruM anda 0pwom a rrII S ti r ti' P Distribution of Conservation Targets �^ 41, r,_ '�"l '.per• t VO Soapstone Boundary �tl Grasslands System f n Foothills Shrubland System G Wetland Systems ? . �` •rw— Riparian Areas r O Birds of Prey Nest Locations3� 5 0 0.25 0.5 0.75 1\\ } Miles M 0 A _ a� Springs Ind Complex �I illip Role of Grazing 7imIrasslands poSM (OF po M commuflov O 0 U U V me as V p U o W u V V U V U V )/ R o uma (BnmmObg oonar Hoof sdoon ° o A\//IV/ c c d wU bd 0 U .may V— +Jp P % l7 �Y J 4n i C 0 J �i Q 4a ,©y TJ't4r o 0 �? n° O n° o R ;r ••0 ��p1os 1 °o c9 o�ofio°A7r.ry��ItlJd,�11 p Q s5 "Q, ID p A ®r- i:';s {'tea � �, I iiV�S %tFr! o�•. �t � s�. Sy'i4sl�s ids, 4•� � ;`i:.� � �\A this. �����{�.t �� �s��i i t.11t #. i.. 2 `1 �1.i. i i 1'�y t �. xt� � • 1 •YY11,, � ` t 1s�s4cs t t� si����L�il�y��s #1 1 A Grazing - Potential Negative Effects • Overuse • No rest • No re -growth opportunity • Riparian/ wetland impacts • Changes in vegetation community F6rt Collins ° ShoA r gmzong duWo(on bngsr mW ponoodg umO pszono ?OF o ompowB O Ooftot Of op,,O,,, and msftndt o Gmaakndao focua 001 MUM mmmoc FOOMhofla �5, hmMafld,o fOOwa- id��l�i'�...�_� . Pair AfRourq4rrpa: J r b Legend Recreational Trails =. Public access road ® Trailheads include parking area, N •• w ••� Recreational Trails (Seasonal Closure) Fences restrooms, picnic shelters, and information kiosks D 0.5 1 1.5 2. . Foit Collins Miles. �, PUMOUo am of prop* 0 0 on mend Eti N`J`JuU L:.71w s 0 umduoU U opponanodm — ATV use needs to be approved • ��+' •� 4,�,.. ti • ,fir � y�. r a7,1�•`{. •.r X: �..5 fit. St}:`r.•�, N1 M 1" .� � r�'' �� 6Y i ,�•'r ��•ah r 1 � : Grazing Infrastructure • Responsibility of tenant to maintain (fences, stock tanks, windmills, etc) • Info/ maps in RFP about infrastructure, stocking rates, water availability in each pasture — Note: No water source in Round Butte Pasture b Rum@qNh N@Mg3g) � cm1r(:WEhmr o Can choom to bado �omcBb o o y NO, on hoUOo Fon�_ o 0 0n mobango foci 0.Is gBoom ftD c ac wkw md(N RmponoolU(N for payong mlltma hdododmsOQQ moum flogd to aop gopamb ag o o foM WAh CRY A few other notes... • Expect tenant on -site daily when livestock are present • Access to property only for ranching activities (otherwise need to use property as public visitors would) • NAP is pursuing partnership around genetically pure bison, which may eventually occupy a portion of the site F6rt Collins ATTENDANCE RECORD PREPROPOSAL CONFERENCE Project: 7083 Soapstone Prairie Natural Area Grazing Lease Time: 8:30 a.m. Date: November 2, 2009 Location: 215 N. Mason, Conference Room 1A. Fort Collins. CO PRINT PRINT ADDRESS TELEPHONE FAX # E-MAIL ADDRESS NAME FIRM NAME �dCSUrl� �-°�dv� G'd j35� • 222 10 v S d 51 6 3 G.I. 3v7 6�`( G -- -1-- ,<- Ala- )),feZ4 w� �ad Z- Ole t CA CL ��r A OS47 ! Chrok, S ko- fr AT ;�:2,) 7 W 6 e 3o YJJ l /%�sa� 371 D 5-1z z Sels— -2 3 Z O L, %Z , -IS r— q76' - yl(e it a ak 5-7 72 C63; 0 3 � -1RR t 1plm@mo, § uoDaR4ODR@ • propoash du(B J ammy 169 2010 1.8 ga(3000oflo oh RFP �hd you ng 0 0 to mopond to R w b podod(N a mpom of popoeW • J anugre 26 o F(Bbmuy 69 201000 O gN'D'ow fop-mnh( o candodatm3 pobn oWk Ladd°oRoonM ounbmoswW f0000m-yap by pbom • Fsbmwy 289 200-0 Anlucoupgb bnaM gBM(Bd(Bd • Spnong 20100 a Sc,',, Oomm sg o o m(aM Jsnu y 2M t o Lozano 0 9 0 00l9 Questions? • For future questions — About submittal process: Contact John Stephen (221-6777) — About property/ grazing management: Contact Daylan Figgs (416-2814) Fort of /`Fort Collins �' Purchasing REQUEST FOR PROPOSALS 7083 Soapstone Prairie Natural Area Grazing Lease Financial Services Purchasing Division 215 N. Mason St. 2"d Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov. com/purchasing The City of Fort Collins is requesting proposals from respondents to lease Soapstone Prairie Natural Area, consisting of approximately 21,900 acres of land, for livestock grazing for a period of 10 years beginning on January 1, 2011. Written proposals, six (6) will be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our clock), January 15, 2010. Proposal No. 7083. If delivered, they are to be sent to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Two pre -proposal meetings will be held: • Monday, November 2, 2009 at 8:30 a.m. in Conference Room 1A at 215 N. Mason in Fort Collins, with a tour of the site to follow the meeting. • Friday, November 13, 2009 at 8:30 a.m. in Conference Room 1A at 215 N. Mason in Fort Collins, with a tour of the site to follow the meeting. It is strongly recommended that you attend one of the pre -proposal meetings; however, attendance is not mandatory to submit a proposal. Tours with staff outside of these meetings will not be provided. Questions concerning the scope of the project should be directed to Daylan Figgs, Sr. Environmental Planner, (970) 416-2814. Questions regarding proposal submittal or process should be directed to John D. Stephen, CPPO, LEED AP, Senior Buyer, (970) 221-6777. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, https://secure2.fcgov.com/bso/login.isp 2. Come by Purchasing at 215 North Mason St., 2"d floor, Fort Collins, and request a copy of the Bid. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management where renewal is a way of life REQUEST FOR PROPOSALS 7083 Soapstone Prairie Natural Area Grazing Lease The City of Fort Collins is requesting proposals from respondents to lease Soapstone Prairie Natural Area, consisting of approximately 21,900 acres of land, for livestock grazing for a period of 10 years beginning on January 1, 2011. DESCRIPTION Background Soapstone Prairie Natural Area is a City -owned property at the northern boundary of Larimer County, Colorado. The properties formerly referred to as the Bernard Ranch and Round Butte Ranch are now referred to as the Bernard Pasture and Round Butte Pasture. They are incorporated into Soapstone Prairie Natural Area, and are also included in this RFP. The entire property comprises approximately 21,900 acres of land. The City of Fort Collins Natural Areas Program owns the property and. operates under the following mission: The mission of the Natural Areas Program is to protect and enhance lands with existing or potential natural areas values, lands that serve as community separators, agricultural lands, and lands with scenic values. Protection of natural habitats and features is the highest priority, while providing for education and recreation for the Fort Collins community. More specific management of Soapstone Prairie Natural Area is guided by the Soapstone Prairie Natural Area Management Plan (available online at http://fcgov.com/naturalareas/pdf/soapstone-management-plan.pdf). The plan identifies °conservation targets," or natural and cultural resources of the highest conservation value. The Natural Areas Program believes that livestock grazing is a necessary and effective tool to help manage for conservation targets, and is looking for a cooperator to manage grazing operations on the property. Five of our conservation targets are directly related to, and influenced by, grazing management on the property. These conservation targets and grazing - related management goals are listed below:: • Shortgrass prairie o Natural Areas Program goal: Provide high quality habitat for grassland birds, black -tailed prairie dog communities, pronghorn and swift fox. o Grazing role: Livestock grazing can help the shortgrass prairie system by providing a diversity of grass structure, increasing health and vigor of plants, and helping incorporate seeds into the soil through hoof action. Providing a habitat mosaic, with patches of heavily grazed grasslands and patches of lightly grazed or ungrazed habitat, is essential for grassland wildlife species success. Over time, important components of the shortgrass plant community have been removed or reduced, such as fourwing saltbush, winterfat, and needlegrasses. Timing and duration of grazing can help these species return. • Wetlands/Riparian systems o . Natural Areas Program goal: Maintain or restore functioning riparian systems in order to provide high quality habitat for native fish, amphibians, and birds of prey (see Birds of prey). o Grazing role: The wetlands and riparian areas on the ranch are highly productive and good sources of forage for livestock. They can benefit from livestock grazing by increasing plant vigor and helping open soils for seed germination (also see comments under Rare and threatened plants, below). Page 1 of 41 However, there is also the potential that livestock can over -use riparian areas. Wetlands and riparian areas are key areas for management of Soapstone Prairie, and the Natural Areas staff would like to work with the tenant to ensure that livestock do not over -use and degrade these areas. • Rare and threatened plants o Natural Areas Program goal: Maintain populations of rare and threatened plants, including the Colorado butterfly plant and Rocky Mountain blazing star. o Grazing role: We believe these rare plants, which live in wet meadows on Soapstone Prairie Natural Area (in particular the Brannigan Springs wetland complex), exist because of the historic grazing system where the meadows were grazed in late spring and/or fall. Grazing is necessary to help create open soils for seed germination. • Foothills shrublands system o Natural Areas Program goal: Maintain high quality of foothills shrubland system. o Grazing role: The mountain mahogany shrublands with a mixed grass understory can benefit from grazing through weed management efforts. While the Natural Areas Program does extensive chemical, biological and mechanical weed control on the property, the timing and type of grazing can help reduce weeds. Dalmatian toadflax is a particular concern in this area. • Birds of prey o . Natural Areas Program goal. Provide future nest locations for birds of prey. o Grazing role: Soapstone Prairie Natural Area is home to many raptors including golden eagles, ferruginous hawks, Swainson's hawks, red-tailed hawks, prairie falcons and American kestrels. Big cottonwoods along riparian areas often serve as nest sites for these birds. Appropriate grazing management can help ensure recruitment of tree and shrub species to provide future nest locations for birds of prey. See Exhibit "A" for maps depicting locations of conservation targets. Resources • Land This property lies just east of the boundary between the plains and the Front Range. Moderately rugged hills and shallow canyons associated with the complex geology of this boundary are present in the western part of Soapstone Prairie, with the remainder consisting of the more.subdued and generally eastward -sloping grasslands. Elevations range from approximately 5,820 feet on the southeast portion of the Round Butte Pasture to 7,201 feet at the summit of a ridge along the northwestern edge. • Vegetation Soapstone contains several high value vegetation complexes, which are generally associated with the area's topography. The hills and canyon areas of the west side contain mountain mahogany shrublands with a mixed grass understory while the gentler eastern side supports shortgrass prairie, with blue grama being the most dominant forage species. Additionally, several wetland and riparian systems are present on the property, including wet meadows that contain populations of rare and threatened plants (Colorado butterfly plant, Rocky Mountain blazing star and pale blue-eyed grass). Recent NRCS (National Resource Conservation Service) range health assessments indicate fair to good condition of the rangeland. Page 2 of 41 • Wildlife These properties support a diverse array of wildlife species. Currently over 1,000 acres of prairie dog colonies are present on the property, but a 2008 plague event reduced the occupied area to under 100 acres. The grazing tenant should recognize that the Natural Areas Program intends to let many of the colonies expand. Prairie dog colonies and shortgrass prairie support a diverse bird community which includes a number of Species of Greatest Conservation Need, as identified by the Colorado Division of Wildlife. Swift foxes have also been documented on the property. The entire eastern portion of the property provides excellent pronghorn habitat, and the western portion supports elk and mule deer. Several riparian and wetland systems provide extensive habitat, and numerous intermittent and ephemeral drainages also occur on the property. Public Recreation Tenants must be aware that grazing management needs to be accomplished with public use of the property in mind. Soapstone Prairie Natural Area opened to public recreation in the summer of 2009; the property contains two parking lots with associated picnic shelters and restrooms, trails and other visitor facilities. Visitor use has been significantly higher on weekends and may fluctuate seasonally. Use is generally greater on the western portion of the property. Recreational uses include hiking, biking and horseback riding on designated trails only. Visitors are not allowed to use motorized vehicles off of the main access road between the parking lots, and dogs are not allowed. The property is closed to public use during the months of December, January and February. A portion of the property is also closed seasonally from April 1 — July 15 (see maps in Exhibit "A" for locations). In addition to recreational uses, Natural Areas staff and researchers from other organizations will continue to use the property extensively for research and educational purposes. The Bernard Pasture and Round Butte Pasture are not currently open to public recreation, but will be used by researchers and NAP staff for research and educational purposes. The NAP reserves the right to open either or both of these pastures to some form of public recreation in the future. The NAP expects the grazing tenant to interact positively with visitors, and encourages tenant to actively participate in public education or provide opportunities for volunteer involvement in ranching operations. Infrastructure Fencing has been significantly modified or removed in the central and western portions of the property to accommodate public recreation including trails. In these areas historic pastures no longer exist, leaving one large pasture over 8,500 acres in size. Historic pastures remain intact on the remainder of the property and range in size from 200 acres to nearly 4,000 acres. Fence is generally barbed wire except for one riparian fence of three strand high tensile electric fence. Tenant may propose new fence location, either temporary or permanent, or other methods of livestock distribution. Pastures use a combination of surface water, windmills, and spring tanks. See Exhibit "A" for maps depicting location of fences, water infrastructure, and recreation trails. Roads on the property range from public access roads built to County standards to ranch and two -track roads in various conditions. Several of the ranch roads are also used as trails for public recreation. The City is trying to re -vegetate a few existing two -track roads; these roads should not be used by the tenant. The City will identify roads that can be used by tenant for ranching operations. Page 3 of 41 The headquarters in the northeast corner of the property contain corrals and holding pens. A second set of corrals is located at Soapstone Springs, in the central portion of the property. A third set of corrals are located in the eastern section of the Round Butte Pasture. House/ Caretaker A house is available for use by the grazing tenant at the headquarters in the northeast corner of the property. It is not required that the grazing tenant occupy this house. However, if lessee decides to use the house, the lessee or agent of the lessee may live in the house under the following conditions: • Lessee or agent of lessee may live rent free in exchange for the following caretaker/ site security activities: o Answer visitors' questions about the natural area and natural areas rules and regulations. o Communicate with the on -duty Ranger other Natural Area personnel to request assistance or report.an incident. o Call for emergency response when necessary. o Inspect fencing, gates, Roman House, Gate Station and other structures or areas prone to security breeches. o Report suspicious activity including suspicious vehicles, persons, activities on site, in prohibited areas or in close proximity to site boundary (e.g., access roads). o Provide after-hours contact and response to Fort Collins dispatch and emergency personnel. o Surveillance of site including parking lots, gate security after hours on an occasional basis or as requested by staff. o Prompt communication with appropriate personnel when suspicious and/or illegal activity or security breech has occurred. May include completing a written report. o Perform other related duties as requested on an occasional basis. o The amount of time required for tenant to perform these duties varies, ranging from a few hours to approximately 25 hours per month. • Person(s) occupying the house and performing caretaker/ site security activities must have the following qualifications and required knowledge, skills and abilities: o Valid driver's license o Good communication skills o ' Ability to work with minimal supervision o Ability to communicate both verbally and in writing o Ability to become familiar with natural areas regulations, management plans, and cultural and ecological resources o Ability to read, interpret and explain a map o Ability to recognize need for emergency personnel and stay calm in emergency situations o Lanquage Skills: Ability to read and interpret documents such as natural area rules and regulations and property map. Ability to provide verbal and written correspondence. Ability to speak and answer questions effectively before visitors or City employees. Ability to inform visitors of natural area rules and regulations', cultural, natural and ecological resources. o A background check is required. The City of Fort Collins must approve the individual(s) serving in this capacity, and occupants of the house must enter into a separate residence lease agreement with the City, on a form provided by the City. Page 4 of 41 If you choose this option, lessee or agent of lessee must live in the house and serve this role year-round. You must indicate in your response (Question #16) if you wish to occupy the house and act as caretaker, and if so, identify the individual(s) responsible for this role. Respondents should recognize that if they do not wish to occupy this house, the City will solicit other tenants to occupy the house and perform the caretaker duties. A second house, known as the "Roman House" is located in the central portion of the property and is used by the Natural Areas Program as a maintenance facility. This house is not available for use by the grazing tenant. Access Ranch access to the main portion of Soapstone is from the 1-25 frontage road via Soapstone Ranch Road. Tenants should not take stock trucks through the main portion of Soapstone, or past the entrance station. The Bernard and Round Butte Pastures may be accessed via Rawhide Flats Road, the northern extension of County Road 15. Public access to the property for recreational use is via Rawhide Flats Road. Grazing Management Soapstone Prairie Natural Area has historically been grazed by both sheep and cattle. Most recently it has been grazed by cow -calf pairs (ranging from 250 — 500 cow -calf pairs per herd) on the eastern and southern portions in a simple rotation system from June through November, and first year heifers in the Round Butte Pasture (approximately 45 cows) for the same period. Sheep (approximately 1,000) have been grazed in the west/ northwest portions from June through September. Proposals may include cattle, sheep, bison, goats, and /or any other animal type that respondent demonstrates can effectively be managed to achieve conservation targets. Combinations of grazing animals will be considered, and are encouraged. The Natural Areas Program is seeking innovative approaches to grazing management of the property. Grazing should be managed to effectively maintain conservation targets. We generally support faster rotation, shorter grazing periods and extended rest periods, particularly in riparian and wetland areas and the steeper western side of the property. It is extremely important to note that stocking rates and rotation periods will be based on a mutual agreement between the Natural Areas Program staff and the tenant, and should take into consideration range conditions and weather conditions. Specific grazing plans for each year of the lease will be developed as a cooperative effort between the tenant and Natural Areas Program staff. For the purposes of this lease, an animal unit (AU) shall be defined as follows: 1. A cow and unweaned calf pair shall constitute one (1) animal unit. 2. A mature bull shall constitute one and one-half (1.5) animal units. 3. A yearling shall constitute one (1) animal unit. 4. A horse shall constitute one and one-half (1.5) animal units. 5. Five (5) sheep or goats shall constitute one (1) animal unit. 6. A bison cow shall constitute one (1) animal unit. 7. A bison bull shall constitute one and one-half (1.5) animal units. 8. AU equivalent for any other animal type will be determined by NAP staff. The table below outlines grazing considerations within each pasture from the Natural Areas Program's perspective. Be sure to outline your considerations in your proposal response. The maximum AUM listed in the table refers to maximum Animal Unit Month (AUM) that may be grazed in each pasture. An animal unit month refers to the amount of forage or feed required by Page 5of41 one animal unit for one month of grazing. The numbers are based on estimates of forage production in an average year, and are in no way intended to indicate water capacity within each pasture. Your proposal should account for resting pastures, so AUMs should not be maximized in every pasture every year. Page 6of41 PRINT NAME Project: Location: PRINT FIRM NAME . ATTENDANCE RECORD PREPROPOSAL CONFERENCE 7083 Soapstone Prairie Natural Time: 8:30 a.m. Date: November 215 N. Mason, Conference ADDRES.S Area Grazing Lease 2, 2009 Room 1A, Fort Collins, CO TELEPHONE FAX # E -MAIL ADDRESS aQfyIV Lf-Rk 070x'S:�r�l c/ 970 qo4 co, 3ksotj AkoL . lad XMnA� Sclfntclf Bt c'- Co 80s13 9�0 Lill `t 7° �(`l(— s 32� �asbn.akolaGd 6010P}r+e, Z�, G7� ` caw e PASTURE WATER MAX GRAZING CONSIDERATIONS ACRES RESOURCES AUM Jack Springs One tank, surface 1,390 . General focus should be on providing habitat mosaic (areas of heavy grazing as well as (3882 acres) water at-Spottlewood areas of light grazing). Creek, Graves Creek . Grazing pressure must be heavy in areas to provide short structure grass for nesting and Jack Springs grassland birds (e.g., Mountain plover). • Large prairie dog colonies may exist in this pasture (currently plagued out but likely to return and expand). • A portion of Spottlewood Creek is fenced with a 3-strand high tensile electric fence. It includes access points for livestock at 6 locations. This riparian pasture may be grazed as appropriate. Brannigan Three spring tanks, 1,000 General focus should be on providing habitat mosaic (areas of heavy grazing as well as (3757 acres) surface water areas of light grazing). Meadow Surface water 200 Rare plants exist in this pasture which must be grazed in spring or fall but not during bulk of (693 acres) growing season. State Line Tank 170 General focus should be on providing habitat mosaic (areas of heavy grazing as well as (613 acres) areas of light grazing). HQ Springs/Surface 110 . Rare plants exist in this pasture which must be grazed in spring or fall but not during bulk of (217 acres) water growing season. LR/ East & 18 tanks (2 are 1,540 . General focus in the shortgrass should be on providing habitat mosaic (areas of heavy West Canyon windmill, rest are grazing as well as areas of light grazing). (8569 acres) springs or piped from A Focus of grazing in the mountain mahogany shrublands should be on weed control, Cedar Canyon) especially for Dalmatian toadflax. • The traditional pasture boundaries and fences have been extensively modified or removed to accommodate trails for public recreation. If your proposed grazing animal in this area requires additional fencing, include in your response to Proposal Question #7 a proposed plan. Please keep in mind the desire for recreation users to pass through a minimal number of gates while on trails. Grazing will need to avoid damage to public facilities (restrooms, picnic shelters, etc). • A National Historic Landmark, the Lindenmeier Archaeological Site, exists in this pasture. The site has experienced erosion problems in the past and grazing management will need to provide for cultural resource protection. Tenant will be expected to work cooperatively with Citystaff to appropriately protect this area. South Roman Two windmills 150 . General focus should be on providing habitat mosaic (areas of heavy grazing as well as (720 acres) areas of light grazing). Page 7 of 41 Tree One windmill 70 . General focus should be on providing habitat mosaic (areas of heavy grazing as well as (343 acres) areas of light grazing). • Unusual Ponderosa pine stand exists in this pasture and is isolated to an exposed shale outcrop. Grazing should not cause detriment to this feature. Bernard One windmill, 420 . General focus should be on providing habitat mosaic (areas of heavy grazing as well as (1760 acres) surface springs areas of light grazing). • Note that there are two 80-acre inholdings within this pasture that are not owned by the City but which are not fenced out of the pasture. Round Butte No reliable water 300 . General focus should be on providing habitat mosaic (areas of heavy grazing as well as (1349 acres) source; in the past areas of light grazing). tenant has hauled . Note that there is one 80-acre inholding within this pasture that is not owned by the City but is water not fenced out of the pasture. Page 8 of 41 Requirements/ Expectations • The Natural Areas Program's primary reason for grazing is to achieve ecological objectives. The tenant must be focused on helping achieve those objectives. Grazing tenant should expect continuous interactions with NAP staff. Grazing tenant should expect to be involved in.on-going monitoring of vegetation conditions. Rotations and movement of livestock will be based on vegetation conditions, and tenant should allow flexibility to move animals at appropriate times. • Tenant should maintain records of number of animal units per day in each pasture. • Tenant should also maintain a daily log of all weather events to include precipitation amounts, and daily high and low temperature. • Soapstone Prairie Natural Area is open to public recreation, and the grazing tenant is expected to have positive interactions with visitors. Tenant should become familiar with, and adhere to site rules and regulations, as modified in coordination with Natural Areas Program staff to allow for grazing management. Tenant should be aware that certain activities, such as riding ATVs to move livestock, detract from visitors' experiences and should be minimized. Use of ATVs will be permitted only with written consent of NAP. Similarly, roads available for travel for ranch related access will be identified by the City: • The tenant's access to and use of the property is only for ranching activities. Any recreational use of the property by tenant should adhere to site rules and regulations. • Tenant is responsible for maintenance of grazing infrastructure, including but not limited to fences, windmills, stock tanks, buried water pipe, pumps, corrals, etc. This includes filling tanks prior to grazing as well as draining tanks and water delivery systems in the fall. Depending on the nature of a maintenance issue, NAP may, at its sole discretion, pay for improvements and repairs, cost -share with'tenant, etc. • Tenant has the option of occupying the house at the Headquarters, located in the northeast portion of the property and acting as caretaker. Regardless of whether or not tenant chooses this option, tenant is expected to be on site daily when livestock are present in order to provide care and oversight.. • Extensive cultural and biological resources exist on this property. Under no circumstances should the tenant remove them. • Respondents should be aware that the Natural Areas Program is pursuing a partnership in which genetically pure and brucellosis -free bison may be located on a portion of Soapstone Prairie Natural Area. At this point it is unclear if or when such a project may occur. Multiple entities may cooperatively submit a proposal. However, one individual and/or entity must be designated as the primary point of contact and be the responsible party. This entity must have the ability to enter into a lease agreement with the City of Fort Collins. TERMS The lease will begin on January 1, 2011 for an initial term of one year, renewable annually for up to nine additional years at the mutual consent of both parties, and ending on December 31, 2021. Page 9 of 41 PROPOSAL REQUIREMENTS Please submit written answers to each of the following questions. Remember to provide six (6) copies of your proposal. Firm Identification 1. Please provide full identification of the person(s)/ firm(s) responsible for the proposal submitted: Name(s), address(es), telephone number(s) or email address(es). If more than one entity is combining to submit a proposal, please provide contact information for all entities, but you must designate one as the primary point of contact. 2. Please supply the name(s), address(es), and phone number(s) of two references. Firm Qualifications & Resources 3. Describe the knowledge and experience you have in range management and/or livestock management. 4. Describe your operation and the resources you have available for grazing management (e.g., livestock — please be specific on animal type and number, personnel, equipment, etc). 5. Describe your financial resources: Do you have the financial resources to successfully continue or launch a grazing enterprise on Soapstone? If you do not currently have all necessary personnel, livestock, equipment, etc, what capital investments will be needed? Where will the capital come from? Before final selection, proposers will be expected to supply proof that they have the financial capability to execute the proposal. Grazing Management Proposal 6. Please explain your range management philosophy. What are your goals for grazing the property? How do you feel your management would help the Natural Areas Program achieve our goals related to the conservation targets outlined above? 7. Provide an explanation of how you propose to manage livestock on the property. Include the number of animal units, how they will be distributed, and the approximate dates you plan to graze. Include a proposed rotation schedule for the first year of grazing. If you plan to combine or split pastures,.add additional fence or other infrastructure, etc, note that as well. You can provide attachments, drawings, maps, etc to your proposal to help explain intended plans if you wish. What services, changes in infrastructure, funds, and/or resources would you provide? What services, changes in infrastructure, funds, and/or resources would you expect the Natural Areas Program to provide? 8. Specifically, how will you assist the Natural Areas Program in appropriate management of wetland and riparian areas (for example, your response could include things such as temporary fence, riding to move cows, placement of salt and mineral blocks, etc)? 9. Specifically, how will your grazing approach assist the Natural Areas Program in weed control, especially for Dalmatian toadflax in the mountain mahogany shrublands? 10. How would Soapstone fit into your existing operation? For example, is Soapstone the only place you would anticipate grazing? Do you own or lease other land in the surrounding area? 11. Describe the interactions you anticipate having with Natural Areas Program staff. 12. Soapstone Prairie Natural Area is open to public recreation. Describe the interactions you intend to have with visitors. For example, are you interested in providing educational opportunities to visitors or allowing volunteers to assist you in aspects of your operation? Page 10 of 41 13. Are there additional services you anticipate providing or ways that your proposed operation benefits the mission of the Natural Areas Program that you 'would like the selection committee to consider? Northern Colorado Ranching Industry 14. Explain how your operation helps support the Northern Colorado ranching industry. Grazing Fee 15. Please provide your proposed grazing fee (you should break out the fee in terms of dollars per-AUM, and also give a lump sum per year based on your proposed stocking rate). House/ Caretaker 16. Do you or your agent wish to occupy the house at the Headquarters in the northeast portion of the property and perform caretaker duties? If yes, please provide the name of the individual performing this role. Proposals should provide for operations which are to equal or exceed all the conditions included in the draft lease agreement shown here in Exhibit "B". The draft lease agreement may be modified based on the successful lessee's proposal. ANTICIPATED SELECTION TIMELINE • January 15, 2010: Proposals due by 3:00 p.m. • January 25 - February 5, 2010: Top ranked firms interviewed in -person. The City anticipates interviewing the representatives of at least the top three (3) ranked firms. However, the City reserves the right to not interview the respondents, or interview more than three (3) firms. After the initial interview, respondents may be asked to conduct additional in -person interviews or answer follow-up questions via phone. • February 26, 2010: The City anticipates selecting a tenant by this date. Page 11 of 41 REVIEW AND ASSESSMENT Respondents will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and interview session. Top ranked firms or individuals will be asked to participate in an interview session. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING QUALIFICATION STANDARD FACTOR 1.0 Firm Capability hoes the respondent have the knowledge and experience to fulfill the proposal and terms of the lease agreement? 1.0 Assigned Do the persons who will be working on the project have Personnel / the necessary skills? Are sufficient people of the requisite Resources skills assigned to the project? Does the respondent have adequate resources to fulfill the proposal? 1.0 Motivation Is the respondent interested in a long-term partnership with the Natural Areas Program to use grazing as a tool to mana a for conservation targets? 4.0 Scope of Proposal Does the proposal show an understanding of conservation targets at Soapstone Prairie Natural Area and management objectives, and provide clear explanations of how management will effectively contribute to overall Natural Areas goals for the property? Does the proposal demonstrate that the respondent can produce the results that are desired from theproject? 1.0 Support of Does the respondent's operation help support the Northern Colorado Northern Colorado ranching industry? ranching industry 2.0 Grazing Fee Does the proposed fee compare favorably with the Project Mana er's estimate? Page 12 of 41 Reference evaluation (Top Ranked Firm) The Project Manager may check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Completeness Was the Professional responsive to client needs; did the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? Job Knowledge a) If a study, did it meet the Scope of Work? b) If Professional administered a construction contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? Page 13 of 41 Exhibit "A" — Maps Map 1 — Soapstone Prairie Natural Area: Location Map 2 - Soapstone Prairie Natural Area: Distribution of Conservation Targets Map 3 — Soapstone Prairie Natural Area: Public Recreation Facilities Map 4 — Soapstone Prairie Natural Area (East): Grazing Infrastructure Map 5 — Soapstone Prairie Natural Area (West): Grazing Infrastructure Map 6 - Soapstone Prairie Natural Area (South): Grazing Infrastructure Page 14 of 41 Soapstone Prairie Natural Area: Location VWOMING- , . � 'COLORADO -,k, - "\z t - D y. I ^J F Entrar Round Butte and Bernard Pastures may be accessed W via Rawhide Flats Road 4 ; W COUNTY ROA 84 E CC ;LS..i - ,. y coDNTY oao eo , Of< .D z O z - .COUNTY R AD'•, E Cot o J �Lr N 287 zW OUN RDA 68 f F 06NT 'RDA 66 E �U COUNTI E G L_f of -'� b, j 4' 1 R UN YC City of of cI Highways M County boundaries Roads h t Soapstone Prairie Natural Area MAP 1 Primary ranch access to ti main portion of Soapstone sa z` is via Soapstone Ranch Road L' J ration Carr Exit UU a.r r. Buckeye Exit t s < z z Z_ UE UNTY ROAE 4 O �•- A O o fc•-= t0 O'70 �- Owl Canyon Exit > $ Z r - A z zr IN Y,R,0 D L _ t• _ s )`' E NT ROA or K \ rr oa Wellington Exit lep J rZ- ADIS. 2_4 ✓ :D LAK E U T_Y.ROA Is. T1r-R AO.,c WEI. COUNTYF: .D§4V�.'l_ of 0 1 2 3 4 5 �Ort Coilins Mlles /I N, Are sa Aogram Page 15 of 41 Soapstone Prairie Natural Area: Distribution of Conservation Targets & Pastures 6 State Line Past %i anti Wesf�nP3�ta?re--CEast �anyon Pat res ..d. w astti e: _'.;''::: ova 4 c � Brannigan Pasture LR Pasture Jack Springs c Pasture n South Roma Legend Fences Access Road Soapstone Boundary Wetland Systems 0 Grasslands System Riparian Areas Foothills Shrubland System Birds of Prey Nest Locations MAP 2 �, 0 0.5 1 1.5. 2 . _.__. N �"°`Colltns A Page 16 of 41 ATTENDANCE RECORD PREPROPOSAL CONFERENCE Project: 7083 Soapstone Prairie Natural Area Grazing Lease Time: 8:30 a.m. Date: November 13, 2009 nr7rG,in• 79 G n1 nn., n__i_ PRINT PRINT vw"Iwjan,:c ADDRESS nuum im, run towins, TELEPHONE %,u. FAX # E-MAIL ADDRESS NAME FIRM NAME gv rs e ario%r,t�ij1 /P. p G•��i,../ lvy (4�� 7 �a��V 801-td 4007 y.o Q M' I►'i-'0C ' ft'l-C. 4% ss� J♦�.,, \�r1.bl�1,GZ a. '-2 w e YL, g 0 L(yI-LLirrG, 9 70 75--,7�7 97� s--6y ck 7 4 7 MQ+t 6ar�es y.e^�y 5+r;akcr skA;. s t�ri � l'ior; on � M } 5 ' Pa Bo•t Ssa Q'7o-�a�r-ti;ac Maffk.��rnnS �o�Ha:r.��n )p4n7. k•r&jmet /. C-'4A Soa'pstone Prairie Natural Area: Public Recreation Facilities r. n' .\... a,.t ' 'YVest]C@ion Pasture �'"�4 t'K+fl 3 r l PasttQe UrMennteleYd OvarbokSheder-.,,, p .lR { .I� ',$ice':; �, �'� �` ;•>• i. -r � .,�I 8011d1 I�OIt18t1 Pasture P'ds�ture, Bernardr�� Pa$tnre 13VAw C Slate Line Pasture \. tN.PUU,f aces') EastC onPist(re .,a '.` ............ i ti! 'r;4 i Si ••,��•� 'x r - NteadoYp'aaure�.1 Pa ure r, � q• 1l�ti 1 Riman House (Natal Press Malrtere,Ce FaMw r ! n r BranNgan Pasture ,., a .lack Springs a, -pasture o Round butt! Pasture ; Ai Legend Recreational Trails Public access road ® Trailheads include parking area, N v restrooms, picnic shelters, «•«••• Recreational Trails (Seasonal Closure) Fences and information kiosks Foo�tCo[Uns 0 0.5 1 1.5 2 Miles Page 17 of 41 Soapstone Prairie Natural Area (East): Grazing Infrastructure MAP 4 t, ` � { �: \ 7 "'�'�w.-i. L4 � f��•rC 1 � 'z: �` A{� �7�4�' r �� c-� ...I" -^r'r "'•'s- � r ^� r 3�% ., yY\ �a .•,�1^.., house G „.. F' ,•"t�...i`'< fi�ooe .. State Line Pasture 21 East Canyon Pasture c..�k 1 `eadfi Pasture .o,s�.. lure M[ _ f 'jot, t '` ��,` , • i .\ 29-a, 28i 36 .32 - , 33 Brannig an Pasture Jack'Springs Pasture. NI t ► tip- 6 •�/ '°"..' g ,; I e d 4, Soapstone boundary = Public access road QQ Stock tank Recreational Trails •••••••• Recreational Trails (Seasonal Closure) Windmill u-R-1 Fences 0 0.25 0.5 0.75 1 Miles N AF�ZtCoulns Page,18 of 41 Soapstone Prairie Natural Area (West): Grazing Infrastructure MAP 5 >'t.f 1`�'•'� .:.t r',_..,...,,i ♦-ema>�1./r+ ' x tom,: f^" ana 4 �.,.s+ ,'r ., }ycc . a i�rrvx .> t�y�r "Q—Puts 100;t -,v' 1 rA''% ;+/I s ,4 fyr(,.r { --� a 7;. �`,?��t,` .- y. ,.';* p Y 1l`� ''3 '• ?a�,, 7. �'�1..-�t����J./�a(°.r,`..a .S"'�,. y �.�.r��,' r-:�.+++...^r✓:sr Y �. t �"`s�n.- :,L S� st Canyon Pastured - 7 `� ' Y v ` t �� _ e Gan on Pasture ' y. ILI ' �. �,il+•..: � F r �' � -L. i1 5."`aN�!, R >� ~ � 1..�'�`_-., t �c•':+'�� � if".�� .. t �; ; �-. \ e'` \•,.J'• 'V_..,� Ci' j `%CSi� J �` "C^'r�1'^v�t^'. �.`, )�^y\`, t !-�, J'��`/�'f}� ` G-•'4i Vi ...� `�r�t> ,'"v"`�`.-_^�=" 1 � �♦�'t ��0�`f�1id � Y�''l -' �'+-•- L'.� 1.. t1' ��•..ryZ a°'^cl?., 2' � �� .``` f \ -� � e� i♦�a•'. � �i -.;* T t a. 1 �c '�.i�`G sue., .f .ile" R r rfi7 r �c. :T•tS ' s o...� >�' " ti �• rrr � 4� � { yL.. .._I �_'•�, LR�Pastu re `' z ✓ `^ r.< %,Lz, e •C i..,.,...%t �f /"``f ��1 ` p^Y � Qn«r,a. ', `' „a;<' � �`""'--',c� R . 1-` • (! , / �,,'ivaw.r e I r Ul .�YMUP~ t� ��•}}}� j�'� vePK�`*.i. -'.P r�3^ 3 ' f 35 5 f t-132 v6 a ti l t � l .� ` ' l • o' i\ � � _�� 'r - � e `fir i �.Sout` Rum omah.. h r 41 re X �%N t .. � s.r�• lfll i; �V�) A1`/��� �'-"^ �4 � � +, .rrn ":R k ta^-r�-+^.,..+r {,r,�, p .a1'�4�t_„, X„rr�"� r.� • t'`-4,°'`/ � y k � e', � t Soapstone boundary _,_ Public access road 0 0.25 0.5 0.75 1 Q Stock tank Recreational Trails Miles Windmill ........ Recreational Trails (Seasonal Closure) N ACftyof Fences Page 19 of 41 Soapstone Prairie Natural Area (South): Grazing Infrastructure MAP 6 South Roman �`Pa�sture u j f. _ ;• p • YewBranmgan Pasture; �S t 'v7-1�' ^ � �^ `�• i ,/lam �� yet r •'11 _ _ _ `— � � ,• ,�_ Q ` F .• \, { 3- t �% i :ion" •• Uv .`. �i. �' t}{•y'Vf ' Bernard Pasture r'I t� ) t ' 'Q04' t y122., i �23 _ �A:ri' V 0 1 Note that these reservoirs t' ( *, r t�� .�� �, � •� ? 1 1 � � do not typically hold water 27 ii+sS i � 8 �. t ,�reee,»' ?9✓�� r•�. � \•;t' MISoapstone boundary = Public access road Q Stock tank Recreational Trails 0 0.25 0.5 0.75 1 ......•• Recreational Trails (Seasonal Closure) _ miles Windmill AN � of u-it Fences n tCotUns Page 20 of 41 Exhibit "B" - Lease Template SOAPSTONE PRAIRIE NATURAL AREA GRAZING LEASE AGREEMENT THIS GRAZING LEASE AGREEMENT ("Lease"), is made and entered into this day of , 2010, 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 Larimer, State of Colorado, consisting of approximately 21,900 acres of land, commonly known as the Soapstone Prairie Natural Area, the legal description of which is set forth in Exhibit "A" attached hereto and incorporated herein by reference (hereinafter referred to as "Leased Premises"); and WHEREAS, the Lessor desires to lease the Leased Premises to the Lessee for livestock grazing purposes only, and the Lessee desires to lease the Leased Premises from the Lessor for livestock grazing purposes only. 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 Leased Premises. 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 Leased Premises. 1.2 This Lease includes all the grazing -related improvements located upon the Leased Premises including, but not limited to, the ranch headquarters facilities. Any occupancy of the ranch headquarters residence must be by separate residence lease agreement with the Lessor. Lessee must ensure that its officers and employee(s) working or residing on the Leased Premises, their dependents, and any guests, strictly comply with the requirements and restrictions set forth in this Lease Agreement, and with all applicable laws, regulations and other legal requirements, in connection with the use or occupation of the Leased Premises. Article II. Term. 2.1 The term of this Lease is for a period of one (1) year, commencing as of 12 noon on the 1st day of January, 2011. The term of the Lease shall automatically renew each year for each of nine (9) additional successive years continuing until 12 noon on the 31 st day of Page 21 of 41 December, 2020, unless terminated by operation of law or as otherwise provided in this Lease Agreement. Either party may cancel this Lease at any time upon one hundred eighty (180) days advanced written notice to the other. Article III. Rent. 3.1 Except as otherwise provided in this Lease, the Lessee will pay to the Lessor rent calculated based upon the formula of a fixed dollar amount for each animal unit grazed each month upon the Leased Premises (animal unit month or AUM) per year. For the first one-year term of this Lease, the amount of rent will be [dollar amount] per AUM for AUMs, for a total annual rent in the amount of [dollar amount]. Upon each annual renewal of this Lease, the Lessor may, in its discretion, increase the dollar amount per AUM by an amount not to exceed the Denver Boulder Greeley CPIU. The parties will determine the number of AUMs for each one year term of the lease as part of the development of the Grazing Plan described in Section 4.3, below. Lessee will pay the total annual rental for each one year term of this Lease, without demand or notice, as follows: thirty percent (30%) of the total due and payable on May 15 and seventy percent (70%) on December 1 of each year. 3.2 For purposes of this Lease, an animal unit (AU) shall be defined as follows: 1. A cow and unweaned calf pair shall constitute one (1) animal unit. 2. A mature bull shall constitute one and one-half (1.5) animal units. 3. A yearling shall constitute one (1) animal unit. 4. A horse shall constitute one and one-half (1.5) animal units. 5. Five (5) sheep or goats shall constitute one (1) animal unit. 6. A bison cow shall constitute one (1) animal unit. 7. A bison bull shall constitute one and one-half (1.5) animal units. 8. AU equivalent for any other animal type will be determined by Lessor. 3.3 Lessee will make all payments of rent at such place as the Lessor may, from time to time, designate in writing. For the present, the Lessor designates City of Fort Collins Natural Resources Department, Attn: Barbara Brock, 215 North Mason Street, P.O. Box 580, Fort Collins, Colorado 80522, as the place for the making of rental payments. All such rent must be paid in current legal tender of the United States as the same is then by law constituted. If Lessor extends the time for the payment of any installment of rent or accepts any money other than of the kind herein specified, Lessor by doing so does not waive its right to insist on having all other payments of rent made in the manner and at the time herein specified. 3.4 Notwithstanding the foregoing provisions of this Article III, the Lessee agrees that if the Lessor determines that the grazing conditions of the Leased Premises warrant it, whether such conditions are caused by drought, pestilence, insect infestation or any other circumstance beyond Lessor's control, the Lessor may reduce the agreed -upon number of AUMs per year to that number. that Lessor determines is appropriate under the then -existing grazing conditions. In such event, Lessor agrees that Lessee's rental payment due in May or December shall be reduced in proportion to the reduction in AUMs per year. Page 22 of 41 3.5 If Lessee fails to pay when due any rental payment required under this Lease, the unpaid rental amount shall accrue interest at the rate of eighteen percent (18%) per annum from the due date until paid. Article IV. Use of Leased Premises. 4.1 The Lessee may use the Leased Premises for livestock grazing purposes only, except as otherwise provided in this Lease. The lease does not allow for feeding of livestock outside of the corrals, private or commercial recreational rights, hunting, shooting, trapping or poisoning of wildlife of any kind, or control of prairie dogs. All pets must be on a leash, caged or fenced, with the exception of two cats, which may roam freely around the ranch headquarters to control mice, and dogs owned or controlled by the Lessee and used for ranching activities such as the herding of livestock. Only licensed vehicles involved in ranching activities are allowed beyond the ranch headquarters and are to remain on existing established roads identified by the Lessor as open for grazing -related access. Unlicensed vehicles are prohibited except that ATV's used for ranching activities may be used on or off established roads, but only with Lessor's express written permission. Even with such permission, Lessee must keep off road ATV use to an absolute minimum. 4.2 Grazing may begin with certain restrictions on [date] of each year, and must end by [date], unless moisture conditions and forage availability require modification of time, dates, or stocking rates. If Lessor believes modification is necessary, the Lessor, in consultation with the Lessee, will determine modified grazing dates and stocking rates. The Lessor reserves the right to make the final decision in accordance with the terms of this Agreement. 4.3 Lessee and Lessor will annually work together in a collaborative effort to develop a "Grazing Plan" for the Leased Premise, which plan includes stocking rates, grazing initiation and ending dates, animal unit months for each pasture, and grazing rotation plans. If the parties have not developed a Grazing Plan for each year's grazing season by [date] of that year, Lessor will determine the Grazing Plan for that year, and Lessee agrees to comply with it. 4.4 The Lessor reserves the right to perform management activities at any time during the year including the grazing season. Any management activity that has the potential to influence stocking rates or grazing dates will be coordinated with the Lessee. 4.5 Lessee acknowledges that the Leased Premises is a City of Fort Collins Natural Area that is open to the public annually from March 1 through November 30. The Lessor reserves the right to open or close any portion of the Leased Premises to public use at any time during this Lease. Lessor will coordinate any modification to stocking rates, grazing dates, and grazing rotations with the Lessee. 4.6 The Lessee must not use the. Leased Premises in any way that violates any applicable law, statute, ordinance, rule, or regulation of any governmental entity or body. Page 23 of 41 4.6.1 All cattle moved into Colorado from any other state or country must strictly adhere to all Colorado Department of Agriculture and U.S. Department of Agriculture regulations for animal movement into and within Colorado. 4.7. The Lessee must not permit or suffer the use of, or presence on, the Leased Premises by: (1) the general public, except for members of the public using the Soapstone Prairie Natural Area in accordance with the City of Fort Collins Code and Natural Areas regulations and policies, or by (2) any persons other than Lessee's employees or agents, who are permitted to occupy or use the Leased Premises only to the extent required to carry out the purposes of the Lease. 4.8 The Lessee is responsible for security of the Leased Premises, including but not limited to closing gates, reporting trespass or other violations to the City of Fort Collins Natural Areas Rangers and Larimer County Sheriff, Colorado Division of Wildlife or other appropriate jurisdiction. The Lessee must at all times have a designated and appropriately trained and qualified person who will take primary responsibility for the Lessee in carrying out the requirements of this paragraph. ARTICLE V. Maintenance and Repairs. 5.1 The Lessee must maintain and keep in orderly condition and in a good state of repair all, of the Leased Premises and all grazing -related improvements located thereon, whether existing as of the date of this Lease or added thereafter, including, but not limited to: boundary and interior fences and gates; all livestock watering facilities including but not limited to windmills, stock tanks, buried water pipes and pumps; corrals; and any buildings Lessee uses constituting part of the ranch headquarters. Maintenance of watering facilities includes filling stock tanks prior to grazing activities and draining them, along with other water system infrastructure, upon completion of the grazing season. The Lessee is not responsible for maintenance or repair of public Natural Areas facilities. 5.2 The Lessee is only responsible for maintenance and repairs that are ordinary and routine in nature. Lessee will promptly notify Lessor of needed maintenance and repairs to the Leased premises that are extraordinary or major in nature. (see also Article VI. Alterations and Improvements). 5.3 The Lessor is responsible for the reasonable cost of all materials necessary for both routine and extraordinary maintenance and repairs. Lessee is responsible for the costs of all labor for ordinary and routine maintenance and repairs. For maintenance and repairs to the Leased Premises that are necessary and are extraordinary or major in nature, the Lessee is responsible for up to [dollar amount] in labor. Any additional labor is the Lessor's responsibility. 5.4 All maintenance and repairs to the Leased Premises required of the Lessee must be made promptly and when necessary. In addition, all such maintenance and repairs must be done in a good and workmanlike manner and in compliance with all applicable laws, statutes, Page 24 of 41 ordinances, rules, orders, regulations, and requirements of all federal, state, and county governments and the appropriate departments, commissions, boards, and officers thereof. 5.5 The Lessee must keep the Leased Premises clean and in good sanitary condition, as required by the statutes, ordinances, resolutions, and health, sanitary, and police regulations of the County of Larimer and State of Colorado. Any equipment, materials or supplies that Lessee brings onto the Leased Premises must be kept under cover (except large equipment such as vehicles and trailers) in a location acceptable to the Lessor and removed from the Leased Premises when no longer needed. Any trash, junked equipment or waste materials generated from Lessee's maintenance and repair activities on the Leased Premises must be stored under cover or removed promptly from the Leased Premises. The Lessee must neither permit nor suffer a disorderly noise or nuisance whatsoever about the Leased Premises having any tendency to annoy or disturb any persons occupying adjacent land. The Lessee shall neither hold nor attempt to hold the Lessor liable for any injury or damage, either approximate or remote, occasioned through or caused by any maintenance, alterations, or repairs made by the Lessee upon or to the Leased Premises or the improvements located thereon. 5.6 If the Lessee fails to perform any maintenance or make any repairs required of it to be made under this Lease, the Lessor may, but is not required to, make such maintenance and repairs on the Lessee's account, and the Lessor may add its costs and expenses for such repairs or replacements as additional rent due to the Lessor under this Lease. Lessee will then pay such amount to the Lessor 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 must not make alterations, additions, improvements or changes to the Leased Premises, or the improvements located thereon, without the prior written approval of the Lessor. Any such alterations, additions, improvements, or changes approved by the Lessor must be done by the Lessee in a good and workmanlike manner and in compliance with all applicable building and zoning laws, and all other applicable laws, statutes, ordinances, orders, rules, regulations, and requirements of all federal, state, and county governments and the appropriate departments, commissions, boards, and officers thereof. If the Lessee wishes to make additions or improvements to the Leased Premises beyond what is required for maintenance and repair as described in Article V, the Lessee will be responsible for the cost of such additions and improvements unless the parties agree to a cost -sharing arrangement. 6.2 The Lessee hereby indemnifies and agrees to hold the Lessor harmless from all liens, claims, or charges on account of any alterations, additions, improvements, or changes made to the Leased Premises or the improvements located thereon by the Lessee. 6.3 The Lessee is responsible for construction and maintenance of any temporary fencing necessary to exclude livestock from an area for monitoring purposes (grazing exclosures) or to facilitate rotational grazing. Unless otherwise agreed by the parties in writing, Lessor will provide all materials necessary for the construction and maintenance of grazing exclosures, and such exclosures will be Lessor's property. Responsibility for the costs of constructing and Page 25 of 41 maintaining temporary fencing for rotational grazing, and ownership of such fencing, will be determined between the parties on a case -by -case basis. 6.4 The Lessor reserves the right, from time to time (without invalidating or modifying this Lease) to make alterations, changes and additions to the land and improvements that constitute the Leased Premises. 6.5 At the end of the term of this Lease, all fixtures, equipment, additions and alterations will remain the property of the Lessor, except as otherwise provided under the terms of this Lease. However, the Lessor may require the Lessee to remove any or all such fixtures, equipment, additions and alterations and restore the Leased Premises to the condition that existed immediately prior to such change and installation, normal wear and tear excepted, all at the Lessee's cost and expense. All such work must be done in a good and workmanlike manner and consist of new materials unless otherwise agreed to by the Lessor. ARTICLE VII. Covenant of Title and Quiet Enjoyment 7.1 The Lessor covenants that it is well seized of and has good title to lease the Leased Premises and does warrant the title thereto except and subject to the following: a. All easements, covenants, . reservations, restrictions, rights -of -way, and prescriptive or adverse rights, in place or of record; b. Any restrictions, reservations, or exceptions contained in any United States or State of Colorado patents of record; C. All zoning and other governmental rules and regulations; and d. All oil, gas or other mineral reservations or exceptions of record. ARTICLE VIII. Insurance. 8.1 The Lessee, at its sole cost and expense, must procure, pay for, and keep in full force and effect workers compensation insurance for all of its employees to be engaged in work on the Leased Premises under this Lease. 8.2 The Lessee, at its sole cost and expense, must procure, pay for, and keep in full force and effect a comprehensive policy of general liability insurance covering the Leased Premises and insuring the Lessee in an amount not less than One Million Dollars ($1,000,000.00) covering bodily injury, including death to persons, personal injury, and property damage liability arising out of a single occurrence. Such coverage must 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 Leased Premises (including acts or omissions of the Lessee or of its officers, employees, or agents), liability arising out of lawsuits related to employment contracts of the Lessee, and protection against liability for non -owned and hired automobiles. Such coverage must also include comprehensive automobile liability Page 26 of 41 ATTENDANCE RECORD PREPROPOSAL CONFERENCE Project: 7083 Soapstone Prairie Natural Area Grazing Lease Location: 215 N. Mason, ConferenceR obmr1A,� O ortColl! ns, CO PRINT PRINT ADDRESS TELEPHONE FAX # NAME FIRM NAME E-MAIL ADDRESS Kevin I- T 4itleS7-0a l6096 6;1 IoA 2,v I ro -7 PP Q � �1or5es vV2 /1i''I��Oi'1 GO D- 7T8 dy ( cd jr �a 17-% F V �0 V � Gq. y De��s V&Vi r� ��� �►% 96ggc� 6., e'_`e 303-�41-6�cS 3°3 - s� 4-7 876 ,9deb&,seh,cc, ont'.ne-ar l�•��I�lu�ls K�r�,, c' a � co L !v u�v t BR o s-. o i 0.0 1),4 LcA 5 5? �°J20PtR ii er lfEkvdeg 5'aN, CID 303.IM. 01fol &9w-7;/ Fa.vt 12•esry/�{ 7 • �,'V�����1't, G� `�C>�i�tt.�`es�X����ltico•cca,.. to/�P��u� fo /s Fo /'0M -G--ru z , Aug Ass o C, Q �, h Dorf �o %/,'ns, to so.ra y 9�O- y�/ asp quo Q row z.g 7 3 Rc(L 7 n�l art yR+L;..9 Llvvo s-2f Accsss 41 9%D-OF?7LZBZ �kk;As,M Fa.." of tag �aZ9 f `�®•�'r-. ,to„�. insurance and coverage for such other risks as are customarily required by private institutional mortgage lenders with regard to property similar in construction, location, and use as the Leased Premises under this Lease Agreement. 8.3 All policies of insurance carried by the Lessee must name the Lessee as an insured and name the Lessor as an additional insured on the policy. The policy or policies must contain a provision that the policy or policies cannot be canceled or materially altered either by the insured or the insurance company until fifteen (15) days prior written notice thereof is given to the Lessor. Upon issuance or renewal of any such insurance policy, the Lessee must furnish a certified copy or duplicate original of such policy or renewal thereof with proof of premium payment to the Lessor. Any such policy must contain waivers of subrogation and waivers of any defense based on invalidity arising from any act or omission of any assignees or subleases of the Lessee. 8.4 No policy of insurance required by this Article VIII can include a deductible clause in an amount greater than Ten Thousand Dollars ($10,000.00). 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 and the insurance carrier must be authorized by law to do business in the State of Colorado. The Lessee must 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 VIII to be insured by the Lessee. 8.5 In case of the breach of any provision of this Article VIII, the Lessor, at its option, may take out and maintain, at the expense of the Lessee, such insurance as the Lessor may deem proper and may bill the costs for such insurance directly to the Lessee. When so billed, the Lessee must reimburse the Lessor for the costs of such insurance within thirty (30) days of being billed. ARTICLE IX. Utilities. [This Article intentionally omitted.] ARTICLE X. Signs. 10.1 The Lessee must not affix, erect, or maintain on the Leased Premises any sign or placard without obtaining the Lessor's prior written approval. The costs of erection and maintenance of such sign or placard are the sole responsibility of the Lessee. In addition, any sign or placard approved by the Lessor must comply with all state and county laws, rules, and regulations. Page 27 of 41 ARTICLE XI. Subletting and Assignment. 11.1 The Lessee may not assign this Lease, any interest or a part thereof, any right or privilege appurtenant thereto, nor mortgage or hypothecate the leasehold without the prior written. consent of the Lessor. Lessor's consent to one assignment or hypothecation shall not be construed as a consent to any subsequent assignment or hypothecation; 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 will be null and void. The Lessor's consent to any such assignment does not relieve -the Lessee from any obligation under this Lease unless the Lessor expressly agrees in writing to relieve the Lessee from such obligation. 11.2 If Lessee assigns this Lease or sublets or allows anyone other than the Lessee to occupy the Leased Premises or any part thereof without the prior written consent of the Lessor as required in paragraph 11.1 above, the Lessor may terminate this Lease, or may collect rent from the assignee, subtenant, or occupant, and employ the net amount collected to the rent herein reserved; and no such collection shall be deemed a release of the Lessee from the complete performance of its obligations under this Lease. ARTICLE XII. Mechanic's Liens. 12.1 The Lessee agrees to pay or cause to be paid promptly all bills and charges for, material, labor, or otherwise in connection with or arising out of any alterations, additions, maintenance, repairs, or changes made by the Lessee or its agents or subtenants to the Leased Premises; and the Lessee agrees to hold the Lessor free and harmless against all liens and claims of liens for such labor and materials, or either of them, filed against the Leased Premises or any part thereof and from and against any expense and liability in connection therewith. The Lessee further agrees to discharge (either by payment or by filing the necessary bond) any mechanic's, materialman's, or other liens against the Leased Premises arising out of any payment due or alleged to be due for any work, labor, services, materials, or supplies claimed to have been furnished at the Lessee's request in, on, or about the Leased Premises and to indemnify the Lessor against any lien or claim of lien attached to or upon the Leased Premises or any part thereof by reason of any act or omission on the Lessee's part. The Lessee does, however, have the right to contest any mechanic's, lien or claims filed against the Leased Premises, provided the Lessee diligently prosecutes any such contest and at all times effectively stays or prevents any sale of the Leased Premises under execution or otherwise and pays or otherwise satisfies any final judgment adjudging or enforcing such contested liens and thereafter procures record satisfaction of the release thereof. The Lessee also agrees in any such contest, at the Lessee's cost and expense, to defend the same on behalf of the Lessor. ARTICLE XIII. Condemnation 13.1 If, as a result of any exercise of the power of eminent domain (hereinafter referred to as "proceedings"), either of the following happen: (a) the title to the whole or substantially Page 28 of 41 all of the Leased Premises is taken; or (b) the Leased Premises are deprived of adequate ingress or egress to or from all public streets and highways abutting the Leased Premises, and the Lessee cannot reasonably operate upon the remainder of the Leased Premises at the time of such taking, then this Lease will terminate as of the date of such taking pursuant to such Proceedings. For the purpose of construing the provisions of this Article, "Proceedings" includes any negotiated settlement of any matter involved in a condemnation; and a "taking" is deemed to occur when title to the Leased Premises or possession thereof is acquired by another governmental authority, whichever first occurs. 13.2 If, during the term of this Lease, title to less than the whole or title to less than substantially all of the Leased Premises is taken in any such Proceedings and the Lessee can reasonably operate on the remainder of the Leased Premises at the time of such taking, this Lease will not terminate. However, the Lessee's obligation to pay rent as provided in Article III. above, will be adjusted accordingly. 13.3 All damages awarded for any taking described in this Article are the property of the Lessor. ARTICLE XIV. Total or Partial Destruction. 14.1 If, during the term of this Lease, the Leased Premises or a substantial part thereof is destroyed or so damaged by fire or other casualties so as to become unusable for livestock grazing purposes, then, at Lessee's option, the term hereby created will cease; and this Lease will become null and void from the date of such damage or destruction; and the Lessee must immediately surrender the Leased Premises and its interest therein to the Lessor. The Lessee must exercise such option to terminate this Lease by notice in writing delivered to the Lessor within thirty (30) days after such damage or destruction. The Lessee will continue to be liable to the Lessor for all rent accruing up to the date of termination of this Lease. If the Lessee does not elect to terminate this Lease, this Lease will continue in full force and effect. 14.2 If the Leased Premises are only slightly injured by fire or the elements so as not to render the same unusable for livestock grazing purposes, then the Lessor will repair the same with all reasonable speed. Lessee is not entitled to any compensation or off -set from or claim against the Lessor for any inconvenience or annoyance arising from the necessity of repairing any portion of the Leased Premises, however the necessity may occur. ARTICLE XV. Holdinm Over. 15.1 Any holding over after the expiration of the term of this Lease Agreement or any extended term thereof, with the written consent of the Lessor, will be construed as a tenancy from month -to -month on. the same terms and conditions herein specified and at the same rental provided for herein. Page 29 of 41 ARTICLE XVI. Default of Lessee. 16.1 If any one or more of the following events (hereinafter referred to as "an event of default") happens: (a) The Lessee defaults in the due and punctual payment of the rent or any other amounts required to be paid hereunder and such default continues for ten (10) days after the receipt of written notice from the Lessor; or (b) The Lessee neglects or fails to perform or observe any of Lessee's obligations hereunder and the Lessee fails to remedy the same within thirty (30) days after the Lessee receives written notice from the Lessor specifying such neglect or failure (or Lessee fails to begin such cure within said thirty (30) days and proceed with due diligence to complete said cure when the default if it is of such a nature that it cannot be cured within said thirty (30) day period); or (c) The Lessee: (i) is adjudicated as bankrupt or insolvent; (ii) files 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) makes an assignment of its property for the benefit of its creditors; or (d) The Lessee neglects or fails to perform or observe any of Lessee's obligations under this Lease within one hundred and eighty (180) days after prior notice of any such neglect or failure, whether or not such prior neglect or failure was remedied within the time period provided in subparagraph (a) or (b), above. Then, and in any one or more such events of default, the Lessor has the right, at its election and while any such event of default continues, 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 Leased Premises will cease; and this Lease will thereupon be terminated. The Lessor may then re-enter and take exclusive possession of the Leased Premises 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 property and 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. 16.2 Alternatively, the Lessor may elect if an event of default occurs not to terminate this Lease, but the Lessor will still have the right to elect to retake exclusive possession of the Leased Premises by evicting the Lessee if the Lessee has not otherwise abandoned the. Leased Premises. In the event the Lessor elects to so take exclusive possession, the Lessee will not be relieved of its obligations and liabilities under the Lease, all of which will survive such repossession.' In the event of such repossession, the Lessee must pay to the Lessor as current liquidated damages: A. The then value of the rent and other sums as herein provided which would be payable if such repossession had not occurred; less , Page 30 of 41 B. The net proceeds, if any, of any reletting of the Leased Premises after deducting all of the Lessor's expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, attorneys fees, expenses of employees, and necessary alteration costs and expenses in preparation of such reletting. The Lessee must pay such damages to the Lessor within thirty (30) days after receiving written notice from the Lessor of such damages. If the Lessor must commence any action or proceeding to collect the foregoing amounts, or to enforce any other obligation of the Lessee under this Lease, the Lessor will be entitled to reimbursement for all costs and expenses and legal fees incurred in said matter, including reasonable attorney's fees. ARTICLE XVII. Attorneys Fees. 17.1 The Lessee agrees to pay and indemnify the Lessor against all legal costs and charges, including attorneys fees, lawfully and reasonably incurred in obtaining possession of the Leased Premises after default of the Lessee or termination of this Lease, incurred in enforcing any covenant of the Lessee herein contained or any right granted to the Lessor, and incurred in collecting any rent, monies, or other damages owed by the Lessee to the Lessor under this Lease. ARTICLE XVIII. Lessee to Save Lessor Harmless. 18.1 The Lessee covenants that it will indemnify, release 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 Leased Premises or any part thereof by the Lessee and its 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 its officers and employees; 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 will keep and save the Lessor, and its officers and employees, and the Lessor's interest in and unto the Leased Premises 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 in the Leased Premises holding under or through the Lessee. In addition, the Lessor, and its officers and employees, will not be liable to the Lessee for any livestock injuries or deaths, regardless of cause, incurred in connection with such livestock grazing upon the Leased Premises under this Lease Agreement, unless such injuries or deaths result from a negligent act or omission of the Lessor. However, any liability of the Lessor, or of its officers and employees, to the Lessee is subject to all the defenses, immunities, and limitations of the Colorado Governmental Immunity Act (Section 24-10-101, et se and to any other defenses, immunities, and limitations to liability available to the Lessor, and its officers and employees, under the law. Page 31 of 41 ARTICLE XIX. Notices. 19.1 Any notice or other communication given by either party to the other relating to this Lease Agreement must be hand -delivered or sent by registered or certified mail, return receipt requested, or by overnight commercial courier, addressed to such other party at its respective addresses set forth below; and such notice or other communication will be deemed given when so hand -delivered or three (3) business days after so mailed, or the next business day after being deposited with an overnight commercial courier: If to the Lessor: Natural Areas - Natural Resources Department City of Fort Collins Attn: John Stokes P.O. Box 580 Fort Collins, CO 80522 With a copy to: City Attorney's Office City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 If to the Lessee: With a copy to: Page 32 of 41 ARTICLE XX. Hazardous Material. 20.1 As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material, or waste which is or becomes regulated by any local governmental authority, the State of Colorado or the United States Government. The term "Hazardous Material" includes, without limitation, any material or substance that is: (i) defined as a "hazardous substance" under 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). 20.2 The Lessee must not cause or permit any Hazardous Materials to be brought upon, kept, or used in or about the Leased Premises by the Lessee, its officers, agents, employees, contractors, licensees, or invitees, without the prior written consent of the Lessor (which the Lessor will not unreasonably withhold as long as the Lessee demonstrates to the Lessor's reasonable satisfaction that such Hazardous Material is necessary or useful to the Lessee's operation; that it will be used, kept, and stored in a manner that complies with all laws regulating any such Hazardous Material and will protect and preserve the Leased Premises and any other property in a safe and environmentally sound condition; and that the Hazardous Material will not materially interfere with the Lessor's use of the Leased Premises or cause damage to said Leased Premises.) If the Lessee breaches the obligation stated in the preceding sentence, or if the presence of Hazardous Material on the Leased Premises caused or permitted by the Lessee results in contamination of the Leased Premises or if contamination of the Leased Premises by Hazardous Material otherwise occurs for which the Lessee is legally liable to the Lessor for damage resulting therefrom, then the Lessee will 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 Leased Premises, damages for the loss or restriction on use of the Leased Premises, 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. Lessee's indemnification of the Lessor 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 Hazardous Material present in the soil or ground water on or under the Leased Premises. Without limiting the foregoing, if the presence of any Hazardous Material on the Leased Premises caused or permitted by the Lessee results in any contamination of the Leased Premises, the Lessee must promptly take all actions at its sole expense as are necessary to return to the Leased Premises to the condition existing prior to the introduction of any such Hazardous Material to the Leased Premises; provided that Lessee will first obtain the Lessor's written approval of such action, which approval will not be unreasonably withheld so long as such action would not potentially have any material adverse effect on the Leased Premises or the Lessor's use of the Leased Premises. Page 33 of 41 hereof. ARTICLE XXI. Time of the Essence. 21.1 Time is of the essence of this Lease Agreement and each and every provision ARTICLE XXII. Access and Use By Lessor. 22.1 The Lessor, and its officers, employees, and any other person properly authorized by the Lessor, including members of the public, shall at all times retain the right to enter upon and use the Leased Premises for any purpose. 23.1 ARTICLE XXIII. Education. [Optional] The Lessee or appropriate employee of the Lessee will participate in _ [describe]. The Lessee's participation will include [describe]. ARTICLE XXIV. "AS -IS" Nature of Leased Premises. 24.1 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 Leased Premises and; (a) the value, nature, quality, or condition of the Leased Premises, including, without limitation, the water, soil, and geology of the Leased Premises; (b) the income to be derived from the Leased Premises; (c) the suitability of the Leased Premises for any and all activities and uses which the Lessee may conduct thereon including the grazing of livestock; (d) the compliance of or by the Leased Premises 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 Leased Premises; (f) the manner or quality of the construction or materials, if any, incorporated into the improvements located on the Leased Premises; (g) the manner, quality, state of repair or lack of repair of the improvements located on the Leased Premises;. or (h) any other matter with respect to the Leased Premises 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 Leased Premises, 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 Leased Premises, and the improvements located thereon, the Lessee is relying solely on its own investigation of the Leased Premises 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 with respect to the Leased Premises was obtained from a variety of sources and that the Lessor has not made any independent investigation or verification of such Page 34 of 41 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 Leased Premises, or the improvements located thereon, or 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 Leased Premises 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 Leased Premises is being leased by the Lessee from the Lessor subject to the foregoing. ARTICLE XXV. General Provisions. 25.1 Words of the masculine gender include the feminine and neuter gender; and when the sentence so indicates, words of the neuter gender refer to any gender. Words in the singular include the plural and vice versa. 25.2 This Lease Agreement is to be construed according to its fair meaning and as if prepared by both parties hereto and is 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. 25.3 The Article headings used herein are for convenience of reference only and in no way define or limit the scope or intent of any provision under this Lease Agreement. 25.4 Subject to the provisions hereof, the benefits of this Lease Agreement and the burdens hereunder inure to and are binding upon the parties hereto and their respective heirs, administrators, successors, agents and permitted assigns. 25.5 This Lease will be governed by and its terms construed under the laws of the State of Colorado. Any judicial proceedings commenced by either party to enforce any of the obligations, covenants, and agreements contained herein, must be commenced in the Larimer County District or County Courts. 25.6 Nothing contained herein is deemed or should be construed by the parties nor by any third party as creating the relationship of principle and agent or a partnership or a joint venture between the parties, it being agreed that none of the provisions set forth herein nor any acts of the parties will be deemed to create a relationship between the parties other than the relationship of lessor and lessee. 25.7 Failure of the Lessor to exercise any right or rights accruing to it by virtue of the Lessee's breach of any covenant, condition, or agreement herein does not operate as a waiver of the exercise of such right or rights in the event of any subsequent breach by the Lessee, nor will the Lessee be relieved thereby from its obligations under the terms of this Lease Agreement. Page 35 of 41 25.8 This Lease Agreement is made for the sole and exclusive benefit of the Lessor and the Lessee, their successors and assigns, and it is not made for the benefit of any third party. 25.9 The remedies of the Lessor under this Lease are cumulative; no one of them should be construed as exclusive of any other or of any other remedy provided by law. 25.10 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 Leased Premises and to lease all or any portion of the Leased Premises 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 Leased Premises as provided in this Lease Agreement. 25.11 No act or thing done by the Lessor or the Lessor's officers or employees during the term hereof will be considered as an acceptance of the surrender of the Leased Premises, and no agreement to accept such surrender will be valid unless in writing signed by the Lessor. 25.12 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 Leased Premises, 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 good repair, as hereinabove' provided, except for acts of God, ordinary wear, and damage by fire or other casualty not caused by the negligence of the Lessee or anyone under the Lessee's control. 25.13 The Lessee acknowledges and agrees that the Lessee has not relied upon any statements, representations, agreements, or warranties except such as they are expressed herein. 25.14 If 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 will 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. 25.15 To the extent necessary to carry out all of the terms and provisions hereof, the said ,terms, obligations, and rights set forth herein survive and will not be affected by the expiration or termination of this Lease Agreement. 25.16 The parties acknowledge that certain items of personal property may now be located on the Leased Premises. The Lessor makes no representations or warranties regarding its ownership of any such items of personal property or regarding the condition of such items. The parties hereto acknowledge that the said items of personal property located on the Leased Premises and within the improvements located on the Leased Premises may belong to third parties. The Lessee agrees Ito indemnify and hold harmless the Lessor, and its officers and Page 36 of 41 Project: 7083 Time: Location: 215 N ATTENDANCE RECORD PREPROPOSAL CONFERENCE Soapstone Prairie Natural Area 8:30 a.m. Date: November 1 . Mason. Conference Rnnm 1 L1 Grazing Lease , 2009 Fnrt Cnllins_ CC) PRINT NAME PRINT FIRM NAME ADDRESS TELEPHONE FAX # E-MAIL ADDRESS ' 6'e Tm '�J e �n � , o ��� �a L� �i i�S i 30� 3 a l ,SLR � ;m�,,,n„, FL y1 b 4 �, r co �=C N - employees, from and against any liability for any improper use or disposition by the Lessee of any items of personal property belonging to third parties. 25.17 Neither the Lessor nor the Lessee will 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. 25.18 This Lease Agreement will not be recorded. However, at the request of the Lessee, the Lessor and the Lessee will execute a memorandum of lease for recording, containing the names of the parties, the legal description of the Leased Premises, the term of the Lease and such other information as the parties mutually agree upon. 25.19 The obligations of the Lessor to commit or expend funds after calendar year 2010 are subject to and conditioned upon the annual appropriation of funds sufficient and intended to carry out said obligations by Lessor's City Council, in its sole discretion. If the City Council does not appropriate funds necessary to carry out any such obligations, the Lessor will notify the Lessee promptly of such non -appropriation. If such non -appropriation results in a material impairment of Lessee's right hereunder, the Lessee may terminate the lease, with no further recourse against the Lessor, by providing thirty (30) days written notice to Lessor. If Lessee does not exercise this termination right within sixty (60) days of receiving Lessor's notice of said non -appropriation, then Lessee waives its right to terminate the Lease pursuant to this section. Page 37 of 41 ARTICLE XXVI. Additional Provisions. 26.1 [Optional.] Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit " ", consisting of ( ) pages, attached hereto and incorporated herein by this reference. 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 ATTEST: Secretary THE CITY OF FORT COLLINS, COLORADO, A Municipal Corporation LIM Darin A. Atteberry, City Manager LESSEE: ME Page 38 of 41 EXHIBIT "A" Legal Description of Leased Premises on Soapstone Prairie Natural Area Township 11 North, Range 68 West of the 6th P.M., Larimer County, CO Section 4: ALL Section 5: ALL Section 6: ALL Section 19: ALL Township 12 North, Range 68 West of the 6th P.M., Larimer County, CO Section 19: All in State of Colorado Section 20: All in State of Colorado Section 21: All in State of Colorado Section 28: ALL Section 29: ALL Section 30: ALL Section 31: ALL Section 32: ALL Section 33: ALL Township 11 North, Ranize 69 West of the 6th P.M., Larimer County, CO Section 1: ALL Section 2: ALL Section 3: ALL Section 4: SW4 of NW4 and S2, NE 1/4 Section 10: ALL Section 11: SW '/, North %2 of SE '/, south % of NW '/, West'/2 of NE '/ , A PORTION OF THE E 1/2 OF THE NE 1/4 BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SE CORNER OF THE E 1/2 OF THE NE 1/4 OF SAID SECTION 11; THENCE N 010 13' 41" W, ALONG THE EAST LINE OF SECTION 11, A DISTANCE OF 485.68 FEET TO A POINT; THENCE N 54' 15' 46" W, A DISTANCE OF 211.52 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, THE RADIUS OF SAID CURVE BEING 470.00 FEET, THE CENTRAL ANGLE OF SAID CURVE BEING 220 06' 28", THE CHORD OF SAID CURVE BEARS N 430 12' 32" W, A DISTANCE OF 180.23 FEET, THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 181.35 FEET TO A POINT; THENCE N 320 09' 18" W, A DISTANCE OF 262.96 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, THE RADIUS OF SAID CURVE BEING 530.00 FEET, THE CENTRAL ANGLE OF SAID CURVE BEING 120 44' 34", THE CHORD OF SAID CURVE BEARS N 380 31' 35" W A DISTANCE OF 117.63 FEET, THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 117.87 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THE RADIUS OF SAID CURVE BEING 470.00 FEET, THE CENTRAL ANGLE OF SAID CURVE BEING 430 30' 56", THE CHORD OF SAID CURVE BEARS N 230 08' 24" W, A DISTANCE OF 348.44 FEET, THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 356.96 FEET TO A POINT; THENCE N 01 ° 22' 56" W, A DISTANCE OF 891.51 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, THE RADIUS OF SAID .Page 39 of 41 CURVE, BEING 530.00 FEET, THE CENTRAL ANGLE OF SAID CURVE BEING 11° 05' 14", THE CHORD OF SAID CURVE BEARS N 06° 55' 33" W A DISTANCE OF 102.40 FEET, THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 102.56 FEET TO A POINT; THENCE N 12' 28' 10" W, A DISANCE OF 270.73 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, THE RADIUS OF SAID CURVE BEING 530.00 FEET, THE CENTRAL ANGLE OF SAID CURVE BEING 040 44' 56", THE CHORD OF SAID CURVE BEARS N 140 50' 38" W A DISTANCE OF 43.92 FEET, THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 43.93 FEET TO A POINT ON THE NORTH LINE OF THE E 1/2 OF THE NE 1/4 OF SECTION 11; THENCE WESTERLY ALONG SAID NORTH LINE 618 FEET, MORE OR LESS, TO THE NW CORNER OF THE E 1/2 OF THE NE 1/4 OF SAID SECTION 11; THENCE SOUTHERLY ALONG THE WEST LINE OF THE E 1/2 OF THE NE 1/4 OF SAID SECTION 11, 2676 FEET, MORE OR LESS, TO THE SW CORNER OF THE E 1/2 OF THE NE 1/4 OF SAID SECTION 11; THENCE EASTERLY ALONG THE SOUTH LINE OF THE E 1/2 OF THE NE 1/4 OF SAID SECTION 1-1, 1320 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. Section 13: NE 1/, SE 1/, SW '/, West 1/2 of NW/4 Section 14: NW 1/. NE 1/, SE '/ Section 15: NE '/, North 1/ of NW Section 24: East 1/2 of NW 1/4, West %a of NE 1/ Township 12 North, Range 69 West of the 6th P.M., Larimer Count Section 20: All in State of Colorado Section 21: All in State of Colorado Section 22: All in State of Colorado Section 23: All in State of Colorado Section 24: All in State of Colorado Section 25: ALL Section 26: ALL Section 27: ALL Section 28: ALL Section 29: ALL Section 32: ALL Section 33: ALL Section 34: ALL Section 35: ALL Section 36: ALL Page 40 of 41 yea nest F ', -Pr' ao� a Is #708 # � , \ 1 �. �; , i 4��.+�1�, 1,.; ♦ -v 141 lt♦ ^�4• +t` t6t tiY ♦q ♦. ... e 1eke�t �t ' `� t , +'•' A �'�e� \��y} e♦ " r 4 ,� ` 'y . S4 r :! tit •.,k'i.� i j ,\' 1 ♦ kc 1 +�., 1 i , vw 1 .iia ♦ � • l`�`L9?;� - ♦ 1 i�i��iv 'v 4�.,t 1.,� n 4 �rt '•N� 11� tK � i', �, `t�.t�'. � tiY #`'"Wy'r � t %tit i 5+".4 a C v s * tT '�S�t\ 1 jr(h ♦�` � t'{ *yo a.'1 � I ZT �T �1 � �y ,� � r� ,� \". t.V a� , F# l 1 _♦-, T4 '4 • q y + >s4Y ♦I, � � � .�� �� �,, � 1,y 1'� � ', � !♦ . `t�" t✓ ��1 +�w T d't �i' , t �'til � '�ii+i � � YYY �`> r vie ,\jl 1 . � t�� t fti,t� � �♦ ;fi� \ - t d 1 � `i +q i+�' ( 1T. ry."yl� 1 ♦ +1 +}T i _ ♦. 1(- ,`•.�, 1 Soapstone Prairie Nalural.Arew Localiolp MAP 1 -COL:ORADO Soapstone Pralde. Primary ranch access to 'main portion of Soapstone S. via Ranch .Soapstone Ul C, Entran6e station 7 R and ..d But'. Bernard Pastures may be accessed via Rawhide Flats Road W COUNTY RON 04 J4. E CO Buckeye Exn COUNTY go z r. IU LM UDO :000NTY.F A071 o 40-- OW Canyon &it w A C. �06N , K F> w O&T OG - YR .01 68, JI; 'E Cot "TV4 AD)'a �OA tj It 05, A 4 A Nry LAS 'D;jf. CO U" 'LAMIa I in i ne S UN L Y CL t_ 8 v. 1, L �llD Cl!y'd IFO to'.Collins,fh_IF to ',ntk --Highways, County bouhdafies 0 1 2 3 4 5 -Maes 0ty0f ortCollins Grazing Lease • Starts January 1, 2011 • Initial term of one year, renewable for up to 9 years (total of a 10 year period) • Multiple entities can cooperatively submit proposal — One individual/ entity should be primary contact and be able to enter into lease agreement • You can propose any kind of grazing animal or combination of grazing animals Fort Collins 6. s