HomeMy WebLinkAboutRFP - 7131 MEADOW SPRINGS RANCH GRAZING LEASECityof 0
Fort Collins
ADDENDUM No. 4
SPECIFICATIONS AND CONTRACT DOCUMENTS
Oinancial Services
Purchasing Division
215 N. Mason St. 2ntl Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov. corn/purchasing
Description of RFP 7131: Meadow Springs Ranch Grazing Lease
OPENING DATE: 3:00 P.M. (Our Clock) June 21, 2010
To all prospective bidders under the specifications and contract documents described
above, the following changes are hereby made.
ADDITIONS:
The following clauses need to be added to the Lease Agreement:
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.
and
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.
Please contact James B. O'Neill, II, CPPO, FNIGP at (970) 221-6779 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
confirmed by certified scale receipts at the time of delivery of the animal upon
the Leased Premises, or by any technique mutually agreeable to the Lessor
and the Lessee.
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
Water/Wastewater Utility, Attn: Water Reclamation and Biosolids Manager, 3036
Environmental Drive, Fort Collins, Colorado 80525, 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.
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. Lessee may use the Ranch
Headquarters house for residential housing for a ranch manager, who is an officer or employee of
Lessee, and his or her immediate family, and for no other purpose unless Lessor agrees in
writing. For security and management purpose, Lessee will ensure that a ranch manager
occupies the Ranch Headquarters house year-round. The Ranch Headquarters house may not be
sublet. Lessee may not use any facilities on the Leased Premises other than the Ranch
Headquarters house for residential housing. 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 May 15 of each year, and must end
by November 15, 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 in any year
the parties are unable to agree on a Grazing Plan through the processes described in this Lease
Agreement, Lessor will make the final decision on the Grazing Plan for that year.
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 and agrees that concurrently with Lessee's use of the
Leased Premises for livestock grazing purposes, Lessor will use the Leased Premises for
municipal sludge storage and application purposes, as well as for other activities related thereto.
Accordingly, Lessee agrees not to use the Leased Premises in a manner that will in any way
interfere with said use by Lessor.
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.
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.
4.6.2 The Lessor has entered into a Wildlife Extension Agreement with the U.S.
Fish and Wildlife Service, dated October 19, 2004 (the "Butterfly Plant Agreement"),
attached hereto as Exhibit "C" and incorporated herein by this reference. Pursuant to
the Butterfly Plant Agreement, the Lessor has agreed to work cooperatively with the
U.S. Fish and Wildlife Service to manage riparian habitat for the federally threatened
Colorado Butterfly Plant (Gaura neomexicana ssp. coloradensis) within
approximately 600 acres of the Leased Premises. The Lessee must at all times plan,
manage and conduct its activities under this Lease in accordance with the terms of the
Butterfly Plant Agreement, to the extent applicable.
4.7. The Lessee must not permit or suffer the use of, or presence on, the Leased
Premises by: (1) the general public, 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. Lessee's employee residing in the Ranch Headquarters
house may have personal invitees in the residence, but any other presence on, or use of, the
Leased Premises by said invitees is expressly prohibited.
4.8 The Lessee is responsible for security of the Leased Premises, including but not
limited to closing gates and reporting trespass or other violations to the Lessor. Lessor will
provide Lessee with emergency contact numbers that may be used to report trespasses or other
violations at any time. 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.
4.9 If the Lessor, in its sole discretion, deems it necessary for any reason, Lessor may
restrict grazing under this Lease on any portion of the Leased Premises. In the event of any such
restriction, Lessor may modify the number of AUs allowed to graze hereunder or on any
particular portion of the Leased Premises accordingly.
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, not including the facilities listed in paragraph 1.4 above, 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. The Lessor will keep and maintain the Ranch Headquarters house, including
without limitation, the structural support, roof, plumbing/electrical, kitchen range, refrigerator,
windows, and exterior walls in good condition, working order and repair. The Lessor is also
responsible for heating system maintenance and repair. Any repairs, other than normal wear and
tear, required because of damage caused by the Lessee will be the responsibility of the Lessee.
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 Lessor's municipal sludge
storage or application 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, unless due to misuse or neglect by the
Lessee. Lessee is responsible for the costs of all labor for ordinary and routine maintenance and
repairs and Lessor is responsible for the cost of all labor for extraordinary maintenance and
repairs, unless due to misuse or neglect by the Lessee.
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,
ordinances, rules, orders, regulations, and requirements of all federal, state, and county
governments and the appropriate departments, commissions, boards, and officers thereof. All
work by or for Lessee must be carried out in a manner consistent with the terms of the
Conservation Agreement.
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 Counties of Larimer and Weld and State of Colorado, except that Lessor is responsible for
controlling noxious weeds or toxic plants. 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.
0
5.7 Upon termination of this Lease Lessee must restore the Ranch Headquarters
house to the condition it was in as of the beginning of this Lease, reasonable wear and tear and
Lessor -approved alterations excepted.
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
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 Six Hundred Thousand Dollars
($600,000) 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
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
0
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.
9.1 The Lessee agrees to pay all charges for water and sewer service, gas, electricity,
light, heat, power, trash removal, telephone, and other communication services used, rendered, or
supplied upon or in the Leased Premises and the improvements located thereon, and to
indemnify the Lessor against any liability or damage on such account. All such utility charges
shall be paid by the Lessee before the date the same become delinquent.
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.
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, in Lessor's sole discretion. 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
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. Holding 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.
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
City of 0
Fort Collins
Purchasing
ADDENDUM No. 3
SPECIFICATIONS AND CONTRACT DOCUMENTS
110inancial Services
Purchasing Division
215 N. Mason St. 2"' Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgo v. com/purchasing
Description of RFP 7131: Meadow Springs Ranch Grazing Lease
OPENING DATE: 3:00 P.M. (Our Clock) June 21, 2010
To all prospective bidders under the specifications and contract documents described
above, the following changes are hereby made.
CHANGES:
■ P3 AU description 3. A yearling shall constitute one (1) animal unit is changed to:
A 1,000 pound yearling shall constitute one (1) animal unit, but if the yearling
weighs less than 1,000 pounds, then the animal unit value assigned to that
yearling shall be based upon the percentage that the yearling's weight is to a
1,000 pounds weight. (For example, if the yearling weighs 600 pounds, then it
shall constitute .6 of an animal unit.) The weights for yearlings shall be confirmed
by certified scale receipts at the time of delivery of the animal upon the Leased
Premises, or by any technique mutually agreeable to the Lessor and the Lessee.
ADDITIONS:
■ The City will provide a notice of total revenue received in writing to lessee annually
for tax purposes on January 30, 2011 and each year thereafter for the term of the
lease.
Please contact James B. O'Neill, II, CPPO, FNIGP at (970) 221-6779 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
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
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 sea.) and to
any other defenses, immunities, and limitations to liability available to the Lessor, and its
officers and employees, under the law.
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:
Water Reclamation and Biosolids Manager
City of Fort Collins
Attn: Stephen H. Comstock
3036 Environmental DR
Fort Collins, CO 80525
With a copy to:
City of Fort Collins
Real Estate Services
300 LaPorte Ave.
P.O. Box 580
Fort Collins, CO 80522
If to the Lessee:
With a copy to:
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.
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, shall at all times retain the right to enter upon and use the Leased Premises for any
purpose.
ARTICLE XXIII. Ranee Management and Conservation Programs.
23.1 The Lessor and the Lessee agree to establish and operate a Range Management
Advisory Committee (hereinafter referred to as "the Committee") for the purpose of enhancing
communications between the Lessor and the Lessee in connection with their respective
performance under this Lease Agreement and to provide assistance and recommendations
concerning matters arising under this Lease Agreement. The Committee will review and make
recommendations regarding range management and conservation matters, including, but not be
limited to: (a) recommendations to Lessor on grazing related issues; (b) assistance in creating a
ranch improvement plan and schedule to help the Lessor address long-range planning issues; (c)
assistance in development of land management practices in the areas of vegetative diversity,
conservation of threatened and endangered species such as the Colorado butterfly plant, and
noxious plant management; and (d) working with the Colorado Division of Wildlife to help
maintain wildlife populations at sustainable levels to match existing forage conditions, and other
conservation plans and programs.
23.2 The Lessee agrees to cooperate with the Lessor in connection with the
development of the Grazing Plan for the Leased Premises, as described in Section 4.3, research
programming and evaluation related to range management and restoration and conservation of
plant and animal species and resource protection, during the term of this Lease Agreement.
23.3 To support range management evaluation and research efforts, and to provide
consulting expertise to Lessee in connection with Lessee's development of the Grazing Plan,
monitoring and management of range conditions and the time and pattern of grazing rotations
based on range and weather conditions, the Lessee shall hire, at the Lessee's cost, a range
management expert who must first be approved in writing by the Lessor. During the term of this
Lease, the Lessor agrees to reimburse the Lessee for one-half (1/2) of the Lessee's cost for such
range management expert, provided that such reimbursement by the Lessor shall not exceed
Three Thousand Five Hundred Dollars ($3,500.00) in any one year, and shall be given as a credit
against Lessee's lease payment. In addition, the Lessee shall be solely responsible for hiring and
paying any and all other experts that may be needed to carry out Lessee's range management
obligations under this Lease, the hiring of which must also first be approved in writing by the
Lessor.
23.4 Prior to commencing livestock grazing on the Leased Premises, the
Lessee's range management expert shall submit a written report to the Lessor evaluating current
range conditions and recommending a date to initiate livestock grazing (but not before May 15),
and a draft Grazing Plan for Lessor's review. Further written evaluations to the Lessor from said
expert shall be due on July 15 and September 15 of each year of the term of this Lease. The
September 15 evaluation shall include a recommended date for the cessation of livestock grazing
for that grazing season.
23.5 On or before December 31 of each year of the term of this Lease, the Lessee shall
submit a preliminary report to the Lessor. on the outcomes and results of the implementation of
the Grazing Plan and the condition of grazing range, and other property conditions that have
resulted from the implementation of the Grazing Plan during the annual term of the Lease (a
"Range Report"). The final Range Report regarding each grazing season under this Lease
Agreement shall be due to the Lessor no later than March 1 of the succeeding year.
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
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.
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 tern 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 to indemnify and hold harmless the Lessor, and its officers and
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
EXHIBIT A
LEGAL DESCRIPTION
Deeded Land
MEADOW SPRINGS
WELD COUNTY, COLORADO
LEGAL DESCRIPTION:
TOWNSHIP 10 NORTH, RANGE 67 WEST OF.THE 6TH P.M.
Section '6:
N1/2 and SW1/4
Section 7:'
All
TOWNSHIP 11 NORTH,.
RANGE 67 WEST OF THE 6TH P.M.
Section 5:
All West of Interstate Highway No. 25
described in Book 1619 at page 614 and in Bock
1644 at page 477.
Section 6:
W1/2, and W1/2 E1/21 EXCEPT that part conveyed
to The Colorado Railroad Company described in
Deed recorded 'in Book 335 at page 505., and
EXCEPT that part conveyed to State of Colorado
for highway in Deed recorded in Book 1b00 at
page 309.
Section 7:
All West of Interstate Highway No. 25.
'described 'in. Book 16.19 at page 614.
Section, 18:
All that part lying: 'Jest. of Interstate Highway
No. 25.
Section 19:
All, that part of. said Section .19
,EXCEPT
described as follows: Beginning at the point
of intersection of the the East line of said
Section and the North line of the County Road.
described in Book 999• at page 193; thence
i
Westerly along the Northerly line of said
County. Road to the -''intersection with the
Easterly line of Interstate Highway- No. 25
described in Book •1619'at page .614; thence"
Northeasterly along the Easterly line of said
Highway No. 25 to the North line of "said.
Section;. thence East to the Northeast corner
of. said Section; thence ,South to" the point of
beginning..; EXCEPT that part of said Section
conveyed to Weld County for highway described
in Book 999 at page 1-93; and EXCEPT that part
conveyed.to State Highway Department described
in Bock 1619 at page 614:
Section 29:
All
Section 30:
All
Section- 32:
All
-2-
TOWNSHIP 12 NORTH,
RANGE 67 WEST OF THE 6TH P.M.
Section 20:
S1/2 S1/2 lying South and East of the right of
way of the Colorado & southern Railway Company
described in Deed to The Colorado Railroad
Company recorded in Book 335 at page 505; and
lying. Westerly -of the. right. of . way of
Interstate Highway No. 25 described in Book
1619 at.page 614, and all that -part of Lot 1
and S1/2 NE1/4, NW1%4 SE1/4, NE1/4 SW1/4, and
SW1/4 SW1/4 lying Southeasterly of the
Railroad right of way, EXCEPT a strip 150 feet
in width lying in the SE1/4 SW1/4 conveyed to
State of Colorado .for highway described. in
Book 1000 at page 309.
Section 29:
All West of Interstate Highway No. 25
described in Book 1619 at.page 614, EXCEPT a
strip of land 200 feet wide through the NW1/4
of said Section conveyed to The Colorado
Railroad Company by Deed recorded in Book 335
at page 505,-and EXCEPT that part conveyed to
State of Colorado for highway through the W1/2
of said Section described in Book 1.000 at'page
309.
Section 30:
All, EXCEPT a strip of land 200 feet wide
'through E1/2 thereof conveyed .to.'The Colorado -
Railroad Company by Deed recorded -in Book 335
at' page 505, EXCEPT that.' _part conveyed to
State of Colorado For highway. described in
Book 1000 at page 309.
Section 31:.
All,. EXCEPT a strip of lands 200 -feet wide
conveyed to The Colorado Railroad Company. by
deed recorded in Book-. 335 at page- .505,.and
EXCEPT that part conveyed to.state of Colorado
described in Book 1000•at page 309..
All of Parcel in
the County of Weld, State of Colorado.
cityO
Financial Services
`YPurchasing
Division
215 St Floor
F6rtc'ollins
PO Box 580
Collins,Mason
Fort CCO 80522
52
970.221.6775
P u rch as i na
7
970.221.6707
fcgov.com/purchasing
REQUEST FOR PROPOSAL
7131 Meadow Springs Ranch Grazing Lease
The City of Fort Collins, Colorado is soliciting proposals from qualified applicants for the purpose
of leasing the Meadow Springs Ranch site for seasonal livestock grazing.
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), June 21, 2010. Proposal No. 7131 Meadow Springs Ranch Grazing
Lease. If delivered, they are to be sent to 215 North Mason Street, 2nd Floor, Fort Collins,
Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580.
An informational meeting will be held at 9:00 a.m. on June 2, 2010 at the City of Fort Collins 215 North
Mason, Community Room, Fort Collins, Colorado. Tours of the ranch will be made for interested
applicants.
Questions concerning the scope of the project should be directed to Project Manager Steve
Comstock, (970) 221-6900.
Questions regarding bid submittal or process should be directed to James B. O'Neill, II, CPPO,
FNIGP, (970)221-6779.
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
www.fcqov.com/eprocurement
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request
a copy of the Bid.
The City of Fort Collins is subject to public information laws, which permit access to most
records and documents. Proprietary information in your response must be clearly identified and
will be protected to the extent legally permissible. Proposals may not be marked 'Proprietary' in
their entirety. Information considered proprietary is limited to material treated as confidential in
the normal conduct of business, trade secrets, discount information, and individual product or
service pricing. Summary price information may not be designated as proprietary as such
information may be carried forward into other public documents. All provisions of any contract
resulting from this request for proposal will be public information.
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.
)0
TOWNSHIP 10 NORTH,
-section 1:
Section 2:
Section 3:
Section 11:
-3-
LARIMER COUNTY, COLORADO
RANGE 68 WEST OF THE 6TH P.M.
AT1, EXCEPT that part conveyed to State
Highway Department for highway described in
Book 912 at page 491, and EXCEPT that part
conveyed to Department of Highways for highway
described in Book 1178 at page 454.
All, EXCEPT those• parts conveyed to The
Colorado Railroad Company described in Book
285 at pages 169 and 170, EXCEPT_those parts
conveyed to County of. Larimer for highway
described in Book 654 at pages 546 and 560,
EXCEPT that part conveyed to State of Colorado
for highway described in Book 912 at pages
490, and . EXCEPT that part conveyed -.to
Department of Highways for highway' described
in'Book 1178 at page 454; and EXCEPT that part
conveyed to the Platte River Power Authority
as'described in Book 2100 at page 886.
All, EXCEPT that portion as conveyed to the
Platte River Power Authority in Book 2100 at
pge 886.
All, .EXCEPT those parts conveyed to County of
Larimer for highway 'described in Book 907 -at
.page 416 and in -Book 1178 at.page 462,.EXCEPT
that -:part conveyed to State of Colorado for
highway'. described in. Book 9 12 at :page 487,
EXCEPT -.that part conveyed to Department of
Highways for highway described in Book 11.78 at ..
page 454,' EXCEPT that .part 'conveyed "to The
Colorado Railroad Company described in Book
.290 at.page 361, EXCEPT that part of.the-SE1/4
described as follows: Beginning:=.at' ...the
Southeast corner of said Section; thence North
890451-3011 . West along the South .line of said
Section a. . distance of. 774.4 -feet to,:::the 'East
line. of Interstate Highway No. 25j; thence
along said Highway as follows: North:'0014!3.V
.East 118:6 feet; thence North_';.89"45f3011 Nest
61 A �geet; thence North 4004' East 863:1 feet;
thence North. feOV30" East 792 feet; thence
leaving - said highway _on a - line". East: and
.,parallel with South line of Said .'Section .a
distance of 582.39 feet, more:or less,•to.the
.East -line of. said Section;. thence South:along
said. East line .1747.74 feet to the* point of
beginning; and EXCEPT that part of-•the•SEI/4
described as follows: Beginning•on,:the West
line of .said SE1/4 80 'feet North. of the
Southwest corner of said SEl/4;.thence North
-4-
along said West line 716.99 feet; thence on an
angle to the right of 90° a distance of 1361.68
feet•, more or less, to the Westerly line of
Interstate Highway No. 25; thence South 21012'
West along said Highway 746.52 feet to the
.North line of .County Road described in Book
1178 at page 462; thence South 88055" .West
1110.2 feet along said North. -line to the point
of beginning.
Section 12: N1/2, EXCEPT that part conveyed to State of
Colorado for highway described in Book 912 at
page. 489, and EXCEPT that part conveyed to
Department of Highways for highway described
in Book 117s at page 454.
TOWNSHIP 11 NORTH, RANGE 6.8 WEST OF'THE 6TH P.M.
Section .'1: All, EXCEPT a strip of land 200 feet wide 1n
SE1/4 and SE1/4 NE1/4 conveyed -to Colorado
Railroad Company by Deed recorded May 12,
1911, in Book 290 at page 569.
section 2: All
Section 3: All
Section 7: E1/2 E1/2
Aection 8: All
Section 9: All
Aection 50: W1/2
-Section 11: All
Section 12 All -
Section 13:, N1'/2," EXCEPT that part conveyed to County of
Larimer for -highway described in Bock 665.at
page 257.
Section 15:: SI/2-.and NW114
Section 16: All
Section 17: W1/2 NW1/4 and SES/4 and S1/2 SW1/4
Section 18: All
Section 22: All
Section 23; Allp'EXCEPT a strip of land 200'£eet.wide in
NE1/4 and SE1/4 conveyed -to The Colorado
Railroad Company by Deed recorded in Book 290
at page 589; and EXCEPT the. North 40 feet of
that part of the NE1/4 lying.East of the right
of *way of Colorado-& Southern Railway Company
conveyed to Larimer County by Deed recorded in
Bock 426 at page 428; That part of. the E1/2
SW1/4 Tying Easterly of. the Colorado and
Southern Railway right of way as said right of
way 'is described 'in Book 304 at- page 463, and"
EXCEP.T•that portion lying East of the Colorado
Railroad Company right of way as evidenced by
deed to'Meadow Springs Grazing Association,
recorded August 13, 1956, in Book 1337 at page
-5-
589.
Section 24: SW1/4, SE1/4, EXCEPT that part conveyed to
State Highway Department for highway. described
in Book 912 at page 500, and EXCEPT that part
conveyed to Department of Highways for highway
described in Book 1178 at page 454.
Section 25: All, EXCEPT that portion of NW1/4 NW1/4 lying.
Westerly of the Southeasterly line of Highway
No. 87 described in Deed to Latimer County
recorded in Book 665 at page 257, EXCEPT that
part conveyed to State Highway Department for
highway described in Book 912 at page 497, and
EXCEPT that part conveyed to Department of
Highways for highway described in Book 1178 at
page-454.
Section 26:" That part of SE1/4 NE1/4 and NE1/4 SE1/4 lying.
Easterly. of Highway.No.. 87 as described in
Deed to County of Latimer recorded in Book 665
at page 257;
S1/2 SE1/4, EXCEPT that part of said .S1/2
SE1/4 -conveyed to County of Latimer for
highway described in Book 665 at page 25.7.;
NW1/4 SW1./4; EXCEPT a strip of land 200 feet"
wide in said •NW1/4 SW1/4 conveyed- to The
Colorado Railroad Company by Deed recorded in
Book"304 at.page 48.
Section 27: All,.EXCEPT.SE1/4 NE1/4 thereof
Section 28: All'
Section 33: All
Section 34: All
Section 36: All, EXCEPTthat part conveyed'to.. State
Highway Department for highway described in
Book 912 at page 494, and EXCEPT that part'
conveyed to.Department of Highways for highway
described in Book 1178 at page 454."
TOWNSHIP 12 NORTH, RANGE 68:WEST•OF"THE 6TH P.M_
Section 25: All
Section 26: -All
Section 27: All '
Section 35: All -
Section 36: All
All of Parcel A in the County of Latimer, State of Colorado..'
Containing 25,680 acres, more or less..
0
0
AND ALSO:
m
That property described at reception munber 20070034998 recorded on May 9, 2007 at
the Larimer County Clerk and Recorder:
PARC.8'L t.,
The Soutti V%afth(-Nortfivv=t Y4 and the -Northwest'/
and:ffie Soudleasi Y4 of thcr Nortbea.st Y4 of Section 27,
All hi-T46wIiiJ; Op t I Noah, Rqtj&-,',0,8 W.WPlf . g�ie . 6(h P.X1
-EXCEPTtImt-gorti.0a conveyed -to 01f; Cotomda Itafjwad Company by Dmt recorded
January A l911 in 800k 185 at.Fip 1.71i mid exeept imy portion. contairied ipt die. county
-mad,
Co-afity 0-f-urlintir, sltaworcoik)mdo-
PARMIT4
TI&I w'rdivxA Vkof tho Sautlymst V,;and -iho Batt V, of the Southwest Xand the. Southwest -1
of the
All in Towosbip I I North; Range 68 Wesn.'tthd 6',P.M,,
o y �b Di�Od rec rdedUa y--:
324
Coudy 6f Stattiof Calm&
10(la"I 011 the above described rjqwels.
0
-7-
A-ND ALSO:
That property described at reception number 20060053666 recorded on July 18, 2006 at
the Larimer County Cleric and Recorder:
,T
A. P-A.RCELO,rLA--N'Di.(jCATEDLNriii: W.*I,'M/,20VS9M6.NI,5 -TUN-RM?V6�
'P.?#f. i iAL, IVLEA COUN . TY,-cbLbRAD'0'l3FINdY, ALL THAT LAND WIMN SAM
SECTION 35 -HOUNTRED BETWEEN EASTERLY RfGHTm OF'-1vVAY..QT, L PTm, ER
COUNTY RDAUN10. 5--.kND' THE WESTEP-1-Y RIGRT-OF-WAY wirm:�Buummrot
D 10RTHE&X, &- SANTA FE R A-TUROAD, AND INIIOIU- PARTICULARLYDESC RIDE AS S
FOLLOWS:
Bregumint, s..t iklnmrse;don ofthtsaid 611t&fiy ri&i obvaY, beia-9604e'O'Fffliwials wirblha
of wid 35, said pants befing monuriie a 4
aioimrqcmad by it 3 - 41/4 Lich aluminwh c7a-,F!Ted eeldw Pngim-W
Ls D6154'% beer -S01115:89 dc�e--s ITMII-ma�s 49
wzoildg VY est a disiancw6fl5G; 9-9 1 6w;, th=- INIc rd,. 9�--dege--s 18 -rD hiut9s.--4 fs,-Basi a
amd nor-ti-farly &-- to -a Fait: of intme0lior, with Ahz.said westerly
2 , 00 fkmt bi width; said polm-boing mommeamd by a-1-M inch almnlaam
capped.rrL-�- 4 -ked "SSS -PLS 161-5413,
zw �52�9
Si
see pn.ds.Rnt a di!W-C- of 01 * alcml g*vid
Wtm� righf-of f- way 3 pbi in SP�.zh i:�I� IIDC 6 f St�-a 063 5 �'I. Said
Fiy . - - . - . .
i-312 ffich rear nial�ed 'S D
DAWSON-PLS 13471",,
Them
stcrtvilghr;ol w ysaid r, oirtbeing,
monumenzed by
1-1192 inchakrriinum cappe3.5/8 inph.rebar ilia eked"SD DA 1�WS 0NJILS
�4 I3A -.1 11. - horn ' m whith fhcsowbmiestcomar-of said SEction3Z4, being -monumemadby a 2= lf2
.inch alurniaurn caRped I/ain0h.reba rmarl
ges r. t3 iiiul.ti 1.1 seconds IVa disramof
30.n7 fe 61;
fhehqe 74o*rth PQ dage ess 3.1 ip Ln ut&—< 29 seconds Writ a distance of �;M 3, 0 2 fe i alwi4 sLiil
u-5terly
Said p-qrcel-contains, 111,448t(;Ms Ino-rd- or lm;
and
?ARCEL "t"
APAIRMOFLANIDL , OCATED IN SIECTWIN IS., TIJI-N,KOW, 6114 RIM, LAIUMER
CoLwT,Y, CotORADO-M, AND -ORE PAWMLILARLYDESCRIREDAS FOLLOWS'
ME
Continued:
Begirming n the southeest corner df si[id Sectloa 35, being wonumetited by a 2-:1t2 inch.
alurrri tuni upped reba n}ark'ed"PGS 5023TlIN R68W Mis36; S7./SI TIt?�1?t�CrD' ; tlieitee
South .89=degre,s?:Iminuses33secdnd3'VVcstn.disignor of26}112fre;ulon.3:tLe§ouChcrlYline
of Saia Section35 to the Sortih quarter coarser of said Section 55, being inonumenwd by n 2-t12
inch aluminum capped 3ia inch rebar niail€ed "S,D DAWSON T LIN R68W S35132 "T101v R68W
_RLS 134-71
Thetme-South 99 degrees 22 minutes 31 seconds West a distance of 1411713 feet Contineirtg
along the SalG.smathzrl + sectitn:lizlarta avpouir otintersecdon with the easterly right-oi=%vaylitte
of the Burl 1rgton Noitheia & SamFe=Raikoad, b0tig.200 feet in wiatlt,satdpobit being..
nouuraeated py it l--(l2,ititli,a[linupa+n.cappecl 5i$-iitclt Veber niatked "S V DAWSON R.0
134TV'..;
rittitee.Forth 00 derees 42-riinutes 40 sdol,0 We4 a diftia Af5299 2S rakt *hg said
isterry riFrt Qf- fo apoint of r iterscction zditlrth norr[ter€jrim� of satti'Sectivi? 3 r,:Ueirig
it oeurnented hy:a t-1?'? inch: ludninum apped:rehar n Aced aSS51rI 1.41:54";.
Titeriec 1`fn rh 99 degrees l7 minutes 29 seconds Ea4ra disraner at M_65:feet along the
.northerly line of said Section 35'.tolbz west 01ir'sWewnth corner oCSect or,s;35 andl 26,Tieing .
nioii nne�nvted'by:a 2A71 inch olumjnum eanped-rebar marked "SSS TI IN R68.vVW! cd 52&93S
1997<f.3161.X%
T'aartcz: North S9degrees L9 minutes 49.seconds East a dismO of t t 1;R:39 feet cor u;u n8 along
slid norrhetiy line to tl a wul gliatter corker tat' ti Section 35-, W.te tlionunrtaat�d hy>? (i such
squa*� Sires§to <e llRtft r�"ph[`'sele6 it . lte htorth #u a theiwd Sbutfi 83 eCegrces'Si xirirtutes tL
Seconds EL-t a ifirE nae..of'7.30,69 feet_alor4gsaid ii i �harl� :unt o a p5iric; baidgnumur ieiit^d 11,t
a t- l i? inch aluirpnum Ca�:ed 518 iac� rear marked "S C� 73�13�4FSO T 7tL
Thence South-26 degrees15 nirrlttt ;:3ti aEcp:rds Wesi-sd'-starieetaf 7S7:$3 #hei-seas 1$g:laic
northerly l ne to -,a poiim being monurtentali8y.?'t=1/2 utcfi riuttiatrrac:ppe([ 5,$ iaiihxGbar
rna tied "S D DA'kOC RI.S 1.3471
Thence South 58 degmes. Vtrninctes 22 seconds Last a distance of 2700.01 CCU to a poine of
intersect att rnitl2 dweasterly line ofsnid Section 35, said ooint;beiira nor iimenred by a 1-11'2
inch al rniiivir-capped 518 inch p, bb.ar ruarked"S D DAWSON RLS 13471 %
7.n*Dc.. aouth 00 degt es 35aYiinutes 24 fonds Est,a distance bf504,58- et alcitrg said
aasieeiy Brie to thet_quarter cen. vf:5sid Secriq'a 35, beiit� rrotittinetstedy'a Avi:il sat
_.
gr3lnte stone,
Thence. South 00 degrees 11 raintttes`20 seconds ZaaPa:d[stancc of cancinuffiv olong
saideasterlydineiothe_Noirt�fBCgin rg.
Said parcel coruains 424;396 acres rave or less:
0
AND ALSO:
That property described at reception number 90057985 recorded on December 17, 1990
at the Larimer County Clerk and Recorder:
TOKIMP 10 XPW�2, RAW); 4MUTL 01' THU M P.A.
UdTLOH X t -nLi ZXCZI?T TMT mnz.-Cojwem TO STM U1.0fillb-1 j)M?jjttTMjjt?T Fory
widwmi DeSmInful IN t 00 R 112 At V.404, 49 1 A., 10 81MEPTId. . TP Pjjk� 4*0"v9v-hb qb
rlBiAft4Ced OF RIGHUAYA:VOR fffth�ff Grjf JYEkAIENU lN 1099. 1,114 AT. FAGS 464.
9EM101 2.1 ALL. EXBM.. i;00913Jhvo 6tlizi . 3 3 20 'Dim do* 09 Wv-A&D COMPANY
it? goox 705I V'A� "R VFARTS =Vl9N)tXJJ Td
coukv ov uanon rbR litalwo Qt5CjtUOV IR x00[lk 664 At PAM. 049 -AINI) M i
§:xczvT wAT P-MV CMUNO T STATS OP'COLPA'Db P_ Z G,1Ojt ,11,2
A�T vAur .490, MM TIM1% PART WIMUM, TO 1)31. �WOP v 'Flxqll�W 10A it
DP:9CAlHM IN WON' Llj�GZ 494,j _Ajjj� ZROBOT 40A _R . AA 15 C . O"MED T6 Ark: - � eow,,3
XT.VZP -ft-WIM-AMT116-AITY Ag Z490_101M IN ACOX.110 AV 103 0-46.
�� Uft
n�xwl 1 Mut ?;*%vT*,-.nAT,v0aRwx0A as C.011WW
sum'HITI. I.% ar=:4106 wz, TAds 8�8 ,
8=100 A MIL, txchvfi�411 do 3,94 1-0 I'M.* OwNra Rviia Polliik
lkEjTjjO I.T hobk zloo. At
!=T ION' U A'PP 1. -LIXca vz TlloftI f4ikT9, Q*. �LAMMM F0R_xxMwU
pmcRxmz6 Ayr lao-ox ob-9 h7 'PAGv. 41-6 AteJ -IN HOOK 1 -17 1 8 A17 PAW.14-6. . :ks ilxcm �UAZ
PARr cogvwa W givAn 0# Owam IM-A
1U, KOK - all '' AT!,P -
P Kr �
40, Ts RM, lwacRWD
"AY
._ra 00*UMAT r.M' 4;4..t SXCMM My TO TUY COLOTUM RAIERM
cwmi *Mlaw i I r ago K- 120 Ax 1{G>i 3-61, 'MdOT 'THAV: M#i Or. MT. -OA/4
IDUSQ.HISNO ALU rvj;. wsl 91taMN104.)l Oki 4btlT_HU0AA OMMOR 011 Ill MbAfiT1641
to 46- Inv ttg-lw
I)
it-livas .47'a"m gA:tu kidqWAY AU rOU'low6l .5j
, ozamu 1416.o_ Im.;
ilmdi Now -al!2 f1witzas 4k i 20M wiw el - 0 LOMt
vtood.5 llozwfi 063.1 7.83r,
T-1003 NORTH Id O»rtR is Od 30 : SASn, 131; PZWTI
4R7 .ln.nd pm) Inowin Ott A,.TAHH liwaGOTH r;ltf&�Qy
QP eAlp
BAIO'IXQT A blA,T�110_ C-0 aR2.39 rjfMj, M.Olt LS IS0.111Ha E!451; LIN
- , I . H _ . : So.#
T h* t6i'ii)tkit At011d 69D.M0 -6nMVf47vT4 1"-AT:TP "lW101 Miolr 9xdx*4%H(;l
A itmaInt -THAT 2"T 0:0.,Hm o11AF pi - A"%D -A
z"* , - - - . .. s.
Itgalthaw 'g4vTHS
'Effmigs NORTE[ ALONG'."10 W.36-V DUN
Mao& Ott ill} Flan W Tax :Rzdr& Or M . I OMMMA DISITMOR. Or 1-35L, to V%vo mons
qia ups i i % ToOlf"WiOP-10 tiftedr, -Manvz -H n-lam thy fla. 2 5 f
vtwa wu= ZI 129CRE99 12 i(BaT:W., a
ualo lumpty 414c�5i non To im x0lay.
ww'.0 COMVf,Y - ll0A0-*l76Cl6BlfD �tf 0OU Ilia AT FAGI 4611
wMido 86U* aft 'D04R.42a 55, *ftst Spoil fi=�.AWM SJUD RPRT-4 filtig to vu
PONT OP 8402=44.
- 10-
Continued:
Aby.
Safi a4f` 1), MTUP AUGS lia WMtO.4bV
139MOIT A a -MR za gft/4 mp SEL/4
CbaVBYEv M COWRADO RUMPAP mm&w -atub .46COROaDmv u'; 1011dtit'Hoog
goo Am-PAMI. aso:
6300011 3- ALL
de xe 71
SRCTIOU 9-1 ALL
OCTIOW 11:1 AZ4
m=QN. A,34 tit/a. It"OnvoAlm vkiC*Mp To douggaor wigo y0AW(mmy
]?Avg257',
SI/I "a mix/4
9 =TIQII 17 . I IWOWIP -A]UP 901/4 ARO #11481fl/4
GUMON 93:1 Wji MMEPT A IMP Of 1414 UO kAZbT.Wjoz IN Mp/4; Ajjo�
0014004,"itAOAD, C' AT
ON51r,11v axwo, Afw0apicy 049
- viiii Oivfh� iwz, 4pi-jum m4ill 4Yi UT, 6v Tim
. 4AI ns
PAMI
�W.MjDtl 2-4.1 sm z mig . OpRom Dskitm.e�,� 00'a
imommy Dimino I
pNt&:J 6 ANo — __
fT., himAys, -'MR juqwAlf -bvlt -t,54,
CRIBED I ..BODE: 117
Or HWI/4f%HI/4 LT. G'. S. W r m
PIP"I VATIOAT T-W oTi
i060itQ,_gD.I" Boom, GO AT
f_ �,gC�t_ 6 Unj�_.,N , !�,j f
kIMUMT I _
w�vwcn V611'41
MsTsA,6T pi monw
NO. 87 AS:' D-98ORIODD m,bazova taukr
I (W 665 AP gilan.
2511 Oviqn,*/4# WarT THAT M-i-Or vxm w/un/4 60,626 to COUNRY-0
turmsRvalt'ladi,whi 4wor"'o
Wi/.4341/4,f awan" A At XP OP LAO 200 4, st,4103 1MO
Tia,
ygcT;" 27j AUq =0M IZI/Aftl/4 rjtzj:k=.
mrmt; 1
. .,z . 42,ALL
nt-21MM ADIs AAS4
UIGE ;ttao 14-PWX 42 )q 1$AOR 4044 AIR, AMPT TOT MI 001w,noD TO
DEPAwnwt dy UTG"Ayff IrOR U43,MdAY PUCRIBIII111 400K 1170. ANT VA49 lliil.
Continued:
VECO!�,Mbl 271 ALL, 204K 691/411il?l lff[�So�,
6MTXtk4 UI AILD
ifiCTXQU 34 =131 sWI/-Ilrd4/41 K/29VI/41 Ujil/Amilli,
9="AIQIT 36t.- AM, 1)(OnT IpMr uv 4VC41 40 V-0 011#10 1110awA . Y, IlApatm-W fol
HIGa'"y 00CRUX13 Ili OWE Dii kT VAOi'4044 lid9vtriqla
rill 4;404 ;�LU
wmmm 02 111amfAY3 al li a, -1 N &W K xX 14 A�P�v WA4 P. 4 Z4
00mlamp Ia. Nam, -DAIM); 60 w3aT' or -TUN sow'm P's.
-4=10H 151 AGL
SECTID4 97: AUI
q9GTI4Rk 35i ALLi
A6I..O9 T= *ASOW �M
'rdi. --'. V.- I
.110=4 OkIt 457 4MA" Or m 40. -P .- R4
ave, , CTION 71 Am
mmm? 1:1 Omni PAN.Ox 8? WI' 00 �nm 76Ta 3?j4.
o4cman, 3 1 ALL "Hut Or.
- .-Iomn-n..sidllway. Rq,. 25 DL40920st111.2WH-1619 kT
ZK03 tit!90 t SWk1144 g M�A 447.
90410. RIMO AA jiiROAD OWANT OSCHI'Ov Ili #90,11=RON '10 WK -3
it;
ormoll Ti
...MhTs ljjmrithjt tjoi :15
PAGE 614,
Continued:
akt%64 I.D... .Atilof, WO V9, T VIUAT PART OP 0410 Sackou to '04mio rig
't'a"K01
I H P41ttliftla. &T TUR 'oq1.0 .cjxff 'I �qmlqo. 02 -lull WT. lizUt av aftm 'notictl Apo -
TIM Mtmw Rao asavitio. x" ka Ovkv rko:mf
my �4%nca womikof AwNpro molwam - trilm or 411) comy iioxn •Ta TLM
plrzaScTION WITH'OE' Ul"93110TATA 1111MA2 80. is '038n. Talm IN
PAUP..
VlPq� m ltolmsmwt mono. MT -Amy bilm or a?qD 'H lmny flo. a 10 TIM
fidgq uk; I jj w Alb S3.q,.;,I0a ' I
T . hgllQb Elialk -,0 kV;§ COMM, i)r fikt* OM110i
. . THVlq9 SOU-aVdAkim 1s41,4
ataftwo)
ankllt THAT PM. OP (tAill 8J a To;.fhzLu cown IMF ca i2 2
CU%VA
IN. NOR 909
Atli) *OT T-Mv :VUT pONVUSU qfb amz qx&rmfo 6SPART144m, DuCH1#0 IN a08ft
Itip AT ma dip
sttply
Tmwolaj? 12 110aval �Mtqa 67 wtar or- via IWIVPA.
or
aroll; p"law.c. r4situr, TM =wv=
k. SouvisAff MUM 49ONUM D100ar 1, no 'XR 60P --w 7" cotioltk - ).6 OXVAM COMEANI
A _"�6 -11IF-DOOK �11�- Af M1114, tt6.tf Apj� tylvd laamrw avlln
lmo. WAX.
W
Dison pt S60(1*1160 XT m4m41,4, bx0mv w ctalk
I so vzlo 2f1 wo". -ram- IN ZM Mf tj..4 WVAM-dt�
eRnso it! z9ov3a09 At':PAGB Snit,
25 09 . CRIBor ra 1619
OX6522 A STAI �olr too 2 fFK1/; OF
a:CTI�mo tit 0461k;60 MAX111100 C10907
(M.001M 3D uUm 0 . PhOR&M
i�t tuA0 -565; Apq.;*,Swx
THROUGa ". Von 'a , In mr 9pao SACTm,P Af Ft#D lit now -11000 IM
-100 bw Moll colmm THr
atCrION 31 AM, 9XC16)T-_A KlItP aim
COE4000. a-AX16PMAD raw Itrabitiza ZU.9009. I
!Vjj)VY VAV. COUVRYEp jo smz. or Dook load AT oAda:%og'
ALI, d IT_
itjGftT5-f WELDS AND rH 1i'TGSTS APPURTENANT
TQGFTHtR WITH )JI, WA78RF - AAOVM),, INC;tIODING, 'BUT
TO THE% LAND flMoll' r"Vaykn. (0ABOM4 A
AIN 1qjdkTS Aa,1UP1CX1kMD IN CNt� NuMams w-.v,-w� W-1-412,
NOT L-VAITE6 TO THOSE 6"I'cil DT bjojq ttQ. t, :STATE
AND jq- 4-tZ5., ALL iS THK DISTktaT CoultT ra A"U PAR ?"'l" VI
1 A
OP COUGRADO
alloTom REAPOW SPRINGS GRp,4jNa c6nFortATION 6 A
MANTMI c4_r,rY OF VORT dMON8, A J�UMIi,!M OHPORXVIOM
n
r-I
L-A
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 Il, CPPO, FNIGP
Director of Purchasing & Risk Management
where renewal is a way of life
-13-
AND ALSO:
That property described at reception number 20030026430 recorded on March 4, 2003 at
the Larimer County Clerk and Recorder:
PARC4r: IT;
A BRACT OR GA2i15 IFt TfiE 5 1/� OP &CTIDN. t3. T4Fi11$.$IP11 NOPT]f, PNN=, 58 -t•IESx.
Or T11E &TH e.H , COON7Y or L-ARi.SIERt, 6TAT8 61T COLORIDO,. : DBISCRInUD As FOLLOYIS.:
69G114NING AT TOO 8. 1/4 CORNBR. 08 �BAID 6L''GTTQN 13-7.J;ffNtiTNG TH&t1C7. t1 89 DECY,F:z:.S
$4' 12:N Yf,, 361.43: FEET AWNG THE SOLTM.LX .X.OF T,RE.,SR /COF SAID S"ECTION 13t
THaNCE Iv' G3 DN*Z" EFS 65`11 .5V' 7P,- 1688,.-M 1•CETI. R'I[LNCE :H.. B9 DSOREEN. 54J C?" Tr, 160
SET; ^s HEL7CLi- G 13 :Dc,GF.A'.'E3 16' 45:N- L+, Y/16.311 FLFXT -TO:A PAINT OtI TH^aSOUTY. 1:IN2
O8 T11>i]Sti 1,/4 tlF SAtn SFCTTOP3 13', TDF,RiCE 17 89 37$611Ec 3.s3' 23 �' Yv�, 6�.6.1i3 SCET
ALONG .SAID SOUTH WENt TO ;C IN POINT Q.F BROWN NG..
eaRg�,i: ��xe
A TRACT OF. Lmib IN TO SE I/4''OE 6ECTTt r 13, 9FN$Hx1' :11 -.NO.RT.Se.� 1L5$7G5 fi.8 tPE5'C'
U. This. 6TH P-m-, coviwY OF tAR mg, S2:Ats DI+,COL-dhADC7:'-, pasCR?zen. :nsP..anai-m!
ELGiHI1234 AT A :POINT Oh THE .SabTX LINat _OP THk ffR I- 'I- OR SAID ,53C'ST_aN 73 vROAt
WUMU THE 3. 1/4:-C�ORNPR� OF SAID S=TZ04.. 13 bEAR,R If 89 OFjIPt.- 23" �W _ 676.10
>zPiET; SLUNi7SNU' `FH>aNCF 9 89- :DE01t>?E6 S3'. 23,1 W, : 155;.63 FEW- ALON-0 %%W S$JUT41LTIM
W TH3 CRNTNRL111H OF THE 21GHT, O5- 14Ax 'FOR:' nr^& Obt). U:. SI SiYC.f[YIIiE' Ne. 97 ,- CORfi=rk'Z13
DS ImTAOMENT ItECOtWED 117 Max. GSA Ax,.$,t ilm 59S.gg T�vA.:CEE r:AlUU98 L:QDNTv. RSCOR175.i
THEoca N 26 Di�MESS 5,21 .43" 19j UIZ.42 :4?A4ST AwOra V4EN`F8hL3;:N>r,F PiI'f.1N 09
DBGR KS. 5+1 02":W, 1{61.:6-:9 $Arwv, THENeji7: S AG AFO1t1 rg: G5?94" 47, 153.60 FRm,
THFNeB 9 1O DC313> 329 -SG, 460i &j :1736..ai FE$'>• TO 7'txk Pgj;t7T 01, .810:`RN21if-1:
FXCEPS, w.T crmvF xn- :a'i.7ic r, 15 I:Atm-COt.R[&lY£o t6 _T'H7a` HOliRB or comaTy
C'OMISSIONEP�$ i �DU..V7 R9CQRD1CD }?G"TUBRa 36, 1.936 ur Hoax!6.,u idi PAbB '5:94.
AND ALSO:
That property described at reception number 02362991 recorded on December 7, 1993 at
the Weld County Clerk and Recorder:
Se -flomMy -6).
Section Thirty (8de, 301
SeWou
.Lot 4 CMVY45, M SIV4-
STUSIV4i WMIA?
.305.86 ar&4 +
NU :th�t; Part lyingmid of tta a'west
froxmilatly, of Iliff-Wate 'High -way. 145
(R/V 1307B) ge-nar-aby, lacatea- In -the
S281W; -sz or
,Lot I; Lpt2;
SF-48W4 W.w acres, +
S WWW4 - N W
'A 1 *W4;
825W4 160.00 acres, --+-
sectionTwenty (Sec. 20) All fflat part lying southeasterij of the
'0 era fbtmO 02�d (W
ry of x W
1447).gerevally joea.tediu the -8,7-NT,,{;
Lot 1} NFA5W43- S WW43W4, I"i5 4M
CaXztaintri W All, 116514Z acres; mare eIr less,
- 15-
AND ALSO:
That property described at reception number 93091867 recorded on December 3, 1993 at
the Larimer County Clerk and Recorder:
Sec€io4 Teo 0% 2)
Smumi Bigbt iS eiz. 8�
.:$WIoAI.ren (Sec. 10)
TTelifP (Sac, b)
$#Odu sixteml :(Sec. 16)
-Aeft-fda-Ei teen .(Sez. I$)
11 1 z1f.
gection Tw.env-I;jv0. (Seo� 22)
-Section Tvanty4our. kSWc. 24)
Sacb,diz Tftirty-four *Itdi 34)
635,—'s acres, +
AVIZ
All,
60.s0D.acresj
All
64 0,00'acresi ;f--
'All
629.68 4dres,.,-4-
640,0aac . r U'f . �.t
,&W4
act w� L.
TV AN W4 S94NW4-P-wnd
SJWSW-114
f b6'; 60
Sectiali Twello-sty (Sam?. 640. . 00
Seciion-Th'ldp'foor ($ec, 34) All 640*00-geress, ;L
seell on T hlrty=sfx (See. 36) AU .0
:(Uiftv.AdI.0g in allj,.Oa4.46 ".Lqr6y more or 16ES,
according to U.S. goveruxuolnsu.vvay,
-16-
1-5 •
That property described at reception number 20030057523 recorded on May 12, 2003 at
the Larimer County Clerk and Recorder:
That portioYt or the Southsast Wal<ttW Of Section. IT, 9`�4im-,ip ?A ffortn9 Rang
68 Vast of. the 6th P.M., Cncljltlu Of 't;nrix6er, Shata of toliiradc+, -W-xS a -
particularly described -as fclipWs-a Coataidorli the .Sr6ut'h i'i.nv of $.A
Sottrheazt Qbartar, as momimented $y a L>ri"r Couzay S7mrvey_Ftoii4rmerit at thi:
South QuArter comer aYia at th6 S8utho ae't wrrpr- 6k: 94k$fl S66k:iozn ho boat
Wouth.O"5a'23, Font with all l;enraiigs eualtai'nO'l ki$t'f5k77,. relhtive tYLardtO,
BEU NE IMI at ;QJL3 South Oaatt9f.. denier' of b;414 Leati,brt; Clxei}:,e..4o4c the 3out3h.
i1 ne of saa:d 9au a�,siast ii,artr�r S2iilttl E9"53 � 3" Bsat 831:.73 taOL- to tba ..
suubhoest cornsx of r gC aerea$]x. �_Ca�1 si'eac chew.: i?2 be 217x .Ql Zaatd�. 113�.-,
said point '3eing the Tt" p.01W 4r DT , 371iA1•TP4 sn'A lialnc beiii�( �iaacribad
thxeiti i's.beiag OP then oent'or-Tna o al3 V S. !i;gf say:.8'7, tFiSinco.. %ong k 3.
Bastsrly luxe of �aicl+arcel Nasch to SZ''43 Saz t0'8l.?7 fEaG'; l:*,ts Soup
39' S3' 2.1- rast 1"33.1. 6s Eadt to chd Barb l;lse or, i a,ld* 6cgathaa?t Qq&Y I;ert
t nce aloha 4 ; Last i ;e 3out& olF 14't12" 4hnt 96B_59.;g �t tin L:he-:CQu,heazL
tumor of acid; So<,tionj tho oo almq thaH vciotL ikna v.t A5 .1 `b11:tf18CA t Qflair'ter
North a9' 33� s3� Vjaat 1a-I6-.52 i�e2'w 'JCOrjj or 1e3� �4c lHe �xAJk� .i&V rk :MVNMP!G.,
Ccu-";ty c1G LArimaT, gr..ika of Colorado -
EXHIBIT "B"
V1,
t tAT VVIA zqxI
'i
;4 1
I L
t.
IV
qtl
-wa
Round Butte
—07—
T.,
bb.
Z,
wl
jorrtan Is nouse S,
-Nci 4
;14A
L
IU-
Y,7
41
"2 Biosolids Headquarters, I
operating facility
Elliot House
Headquarters
In
EXHIBIT "C"
WILDLIFE EXTENSION AGREEAMN.T
THIS AGREEMENT DATED October 19, 2004 BETWEEN City of Fort Collins, Colorado,
WILDLIFE COOPERATOR(S), AND THE U.S. FISH AND WfLDLTFE SERVICE (FWS) IS
ENTERED INTO URSUANT TO THE AUTHORITY CONTAINED IN THE FISH AND
WILDL IFE.COORDINATION.ACT (.16.U.S.C. 661 et.seq.) AND THE. FISH AND
WILDLIFE ACT OF 1956 (16 U.S.C. 742 aj); AS AMENDED.
Citv of Fort Collins at 700 «'ood Street, Fort Collins, Colorado, HEREBY AGREES TO
PARTICIPATE WITH THE FWS IN CONDUCTING CERTAIN WILDLIFE MANAGEMENT
PRACTICES ON LANDS OWNED BY THEM N WELD COUNTY, STATE OF
COLOR -ADO described as follows.
Approximately 280 acres of vvet meadow and riparian habitat located within T1IN R67W
Sec. 19 30, Weld County Colorado. as further described in Exhibit A
THE WILDLIFE COOPERATOR INT SIGNING THIS AGREEMENT JOINS AS A
PARTICIPANT IN A 1NrILDLDFE.MA-I\'AGENIENT.PROGRAM AND GRANT TO THE FWS
THE AUTHORITY, TO COMPLETE WILDLIFE HABITAT DEVELOPMENT; OR TO
PERSONALLY CARRY OUT WILDLIFE MANAGEMENT ACTIVITIES WITH
FINANCIAL OR MATERIAL SLTPORT, AS.DESCRIBED IN THE ATTACHED SPECLAL.
PROVISIONS (EXHIBIT A). ANY DONATION OF SUPPLIES, EQUIPMENT; OR+DIRECT
PAYMENT FROM THE FWS TO.THE`WILDLIFE COOPERATOR FOR CARRYING OUT
THE WILDLIFE HABITAT DEVELOPMENTS; ARE ALSO INCLUDED IN THE
ATTACHED SPECIAL PROVISIONS (EXHIBIT A)...
THE TERMS OF THIS AGREEMENT WILL:BE FOR 15 YEARS BEGINNING
October-:19;_2004 AND. ENDING Octuber_ 19.2019. PAYMENT AS APPROPRIATE WILL
BE MADE AS DESCRIBED AND AGREED TO 1N EXHIBIT:A. THIS AGREEMENT MAY .
BE MODIFIED AT ANYTIME BY MUTUAL WRITTEN.CONSENT.. IT MAY ALSO BE:
TERMINATED IN WRITING BY EITHER PARTY THIRTY (30) DAYS IN ADVANCE. IF
TERMINATED BY THE COOPERATOR. COOPERATOR WILL REIMBURSE FWS FOR
THE COST'OF THE.WILDLIFE HABITAT DEVELOPMENTS PLACED ON THE LAND.
AT THE END OF THE TERM, THE WILDLIFE HABITAT DEVELOPMENT WILL
BECOMETHE PROPERTY OF THE WILDLIFE COOPERATOR: '
THE FWS DOES NOT ASCLTj\iIE TT�TI?TSDIrTTQ1j OVER THE AT?E1,fICEC RV THIS
AGREEMENT. THE WILDLIFE COOPERATOR RETAINS ALL RIGHTS TO,CONTROL
TRESPASS .AND RETAINS ALL RESPONSIBILITY FOR TAXES, ASSESSMENTS, AND
DAMAGE CLAIMS.
IF A FWS EASEMENT IS GRANTED, THE EASEMENT WILL SUPERSEDE THE
PROVISIONS AND TERMS OF THIS AGREEMENT.
THE FWS, ITS AGENTS, OR ASSIGNEES RESERVE THE RIGHT TO ENTER THE LAND
AT REASONABLE TIMES FOR WILDLIFE HABITAT DEVELOPMENTANTI)
MANAGEMENT PURPOSES AND TO INSPECT COMPLETED WORK.
THE FWS ASSUMES NO LIABILITY FOR DAMAGE OR. INJURY OTHER THAN THAT
CAUSED BY ITS OWN NEGLIGENCE, ON THE ABOVE ACREAGE.
SPECIFIC WORK COMPLETED WILL BE DOCUMENTED ON. EXHBIT A.
A CHANGE IN OWNERSHIP SHALL NOT CHANGE THE TERMS OF THIS
AGREEMENT. THE AGREEMENT AND TERMS SHALL BE IN EFFECT ON THE
DESCRIBED LAND FOR THE PERIOD OF THE AGREEMENT, THE WILDLIFE
COOPERATOR WILL NOTIFY THE FWS OF PLANNED OR PENDING CHANGES IN
OWNERSHIP.
AT THE END OF THIS AGREEMENT, THE COOPERATOR ASSUMES FULL AND
COMPLETE RESPONSIBILITY FOR ALL WILDLIFE HABITAT DEVELOPMENTS MADE
DURING THIS AGREEMENT ON THE PROJECT TRACT. THERE SHALL BE NO
OBLIGATION TO AN Y OF THE AGENCIES OF THE AGREEMENT AFTER THE TERM
OF THE AGREEMENT HAS EXPIRED.
THE LANDOWNER WILL BE RESPONSIBLE FOR SECURING ANY NECESSARY
PERMITS. TECHNICAL ADVICE AND SUPPORT WILL BE PROVIDED BY
PARTICIPATL`tG AGENCIES LV THE APPLICATION FOR THE PERMIT.
THE FWS IS•PROHIBITED BY LAW FROM MAKING OBLIGATIONS THAT EXCEED
AVAILABLE FUNDS AND, THEREFORE THE FWS CAN DO ONLY THAT WORK
WHICH IS FUNDED. IN THE EVENT FUNDS ARE NOT AVAMABLE TO DO THE
WILDLIFE HABITAT DEVELOPMENT WORK WITHIN THE PERIOD DFTIME OR IN
THE MANNER PRESCRIBED IN THE SPECIAL PROVISIONS. THE FWS WILL ADVISE
THE WILDLIFE COOPERATOR OF THE FACT.
WILDLIFE COOPERATOR GUARANTEES OWNERSHIP OF THE ABOVE DESCRIBED
LAND AND WARRANTS 'THAT THERE ARE NO OUTSTANDING RIGHTS WHICH
INTERFERE WITH IIE WILDLIFE MANAGEMENT AGREEMENT.
Wildlife Coopersr Tax ID Number
Darin Atteberry. Interim City Manager
City Clerk
Wyoming Private Lands Coordinator
L. <-? C '
Regional, Office Concurrence
Assistant City o
'PRNACY_egC.NOTICE: THE FWS IS REQUIRED TOO➢THIN TIHIS INFORMATION TO PROCESS ANY PAYMENTS)` TO THE
WILDLIFE COOPERATOR AS A RESULT OF THIS AGREEMENT. THIS INFORMATION WILL BE FURNISHED TO TIHE INTERNAL
REVENUE SERVICE AS REQU BRED BY THE TAX REFORM ACT OF 1986AND MAY BE SHARED WITH THE DFPART'.4ENT OF
JUSTICE FOR CRLM DIAL OR CIVIL LITIGATION. FURNISHING A SOCIAL SECURITY NUMBER IS VOLUNTARY. BUT FAILURE
TO DO SO MAY RESULT IN DISQUALiFICAnON FROM T11IS PROGRAM.
0
EXI-DBIT A
SPECIAL PROVISIONS
The wildlife habitat developments and/or management actions described below are agreed to by
City of Fort Collins, Colorado (Cooperator) and the FWS in a Wildlife Extension Agreement
dated: October 19, 2004.
Planned work: The Cooperator, City of Port Collins, Colorado, agree to work cooperatively
with the U.S. Fish and Wildlife Service to manage riparian habitat for the federally threatened
Colorado Butterfly Plant (Laura neomexicana ssp. coloradensis) within approximately 600 acres
of the Meadow Springs Ranch (Refer to Attachment A for project location).
The primary land use for areas occupied by the Colorado butterfly plant is livestock grazing.
The current level of grazing, in conjunction with farming activities and other land management
practices currently implemented by the. Coope
ds rator, is providing. habitat conditions that meet the
conservation neeof the plant: as evidenced by the 55 reproductively mature plants, including
several populations, found throughout the area encompassed by this WEA during surveys in
2004. As part of this WEA, the Cooperator agrees to continue the current grazing and other lard
management practices where the Colorado butterfly plant occurs. The Cooperator agrees to
coordinate with the FWS regarding any substantial changes in grazing and/or other land
management practices conducted by the Cooperator in order to maintain habitat to meet the
conservation needs of the Colorado butterfly plant.
Some areas occupied by the Colorado butterfly plant also are occupied by invasive plant species
in need of control, such as.Canada thistle and leafy spurge. While herbicide application may be
required to control the spread of these invasive.species, the Cooperator agrees to the application
of herbicides no closer than 100.feet of a known subpopulation of the Colorado butterfly plant.
The MVS agrees to provide technical assistance to theCooperatorby providing a representative
to conduct annual monitoring of the plants. The Cooperator agrees to allow FWS representatives
or their designee, mutually agreed upon by.the FWS and the Cooperator, access to the project
site for annual monitoring Colorado butterfly plant, populations. Monitoring will occur on an
annual basis during the peak of flowering in July or August, according to the FWS's Colorado
butterfly plant Resource Protection monitoring plan. Data collected dahlia monitoring W;11.
include the number of flowering adult plants and habitat condition. Habitat condition in areas
managed primarily for livestock grazing will be evaluated according to Natural Resource
Conservation Service (MRCS) rangeland condition assessment methodology. Small acreage
monitoring will include a 100 foot long,.100 point cover by life form transect through areas
where Colorado butterfly plant subpopulations occur. At each point, the percentage of forbes,.
grasses, woody vegetation, and bare ground will be.recorded within a lft` plot. Three.1.92 ft
plots will be clipped at random along each transect for use in estimation of biomass production
as outlined below. Additionally, three photo plots (3 ft x 3 ft square).along the transect will be
taken imorder. to record, qualitatively, rangeland condition.
0
Data will provide information regarding the effects of land management activities on Colorado
butterfly plant habitat and population growth. For those areas primarily managed for livestock
gazing average range condition (in terms of total annual biomass production in lb.!ac:, air-dry
weight), according to the U.S. Department of Agriculture, MRCS Ecological Site Description for
this location, will be maintained by land management practices. If below average conditions
exist, and it is determined that conditions are due to land management practices rather than
uncontrollable climatic factors (e.g., precipitation), then a change in land.management practices -
agreeable to both the Cooperator and the FWS=- to bring range condition up to average will be
undertaken.
It is assumed that the Colorado butterfly plant requires habitat in average, or above average,
range condition according to the criteria identified above. However, while it is known that
livestock grazing is compatible with the.habitatneeds of the Colorado butterfly plant, the optimal
Level of grazing, and resulting range condition, is not known. Therefore; if it is found that some
other grating intensity (higher or lower) orditierent timing ofgrazing-resulting in lest than or
greater than average range condition as defined by the NRCS criteria above -is beneficial to the
Colorado butterfly plant, then that identified range condition will. become the new target for that
location.
The FWS or its designee will coordinate date and time of monitoring activity with the
Cooperator prior to entering the study site. Management activities designed to maintain and/or
improve habitat for the plant may vary from year to year depending upon information that is
gathered during monitoring activities, the presence of unpredictable factors affecting habitat
(e.g., climate; precipitation), and the needs of the Cooperator. The FWS agrees to share any data
collected on the Cooperator's property with the Cooperator.
The Cooperator understands that special provisions identified in this Exhibit provide details
regarding how this ltT-A will be implemented, and that these special provisions are designed to
address the specific needs of the Cooperator. Details provided in this Exhibit take precedence
over any apparent conflicting statement between the WEA and Exhibit A.
The Cooperator and the FWS understand that this agreement will be automatically terminated if
the subject property is sold by the Cooperator and is onlyrenewabie with the.new Cooperator's
written consent; i.e., a newly negotiated WEA. The Cooperator is entitled to terminate this
agreement at any time by providing'a 36 day advance notice in writing to the FWS.
In addition to the Fish and Wildlife Act of 1956 (16 U.S.C. 742 a-j), as amended. and the Fish
and Wildlife Coordination Act (16 U.S.C. 661 et seq.), this agreement is, entered into pursuant to
the authority contained in Section 5(a) ofthe Endangered Species Act of 1973 (ESA), as
amended (16 U.S.C. 1534), and Section 4(b)(2) of the ESA (16 U S.C. 1531 ei seq.). Section
4(b)(2) enables FWS to exclude areas from critical habitat designation where the benefits of
exclusion outweigh the benefits of designation, provided the exclusion will not result in the
.extinction of the species. The parties acknowledge that the Cooperators and FWS have entered
into this WEA with the intention that the property included in this WEA may be excluded fron
designation as critical habitat for the Colorado butterfly plant.
! 1 0
0
CITY OF FORT COLLINS
WATER AND WASTEWATER UTILITY
PROPOSAL 7131 Grazing Lease - Meadow Springs Ranch
The City of Fort Collins, Colorado is soliciting proposals from qualified applicants for the purpose
of leasing the Meadow Springs Ranch site for seasonal livestock grazing. This site consists of
approximately 26,582 acres of land owned by the City. The ranch is located in northern Larimer
and Weld counties. It is cross -fenced into 17 major pastures, subdivided into a total of 27
pastures, each with its own supply of water. Support facilities are available. The Meadow Springs
Ranch lease document is an attachment to this request for proposals and included the legal
description.
The City purchased this property in 1990 with the intent to develop it as a long-range site for
wastewater sludge management programs, full operation began in the year 2000. The ranch is
currently approved for 1,100 animal units for a six month summer grazing season.
Respondents should be aware that stocking rates may be adjusted depending on seasonal
conditions, etc. Paragraph 3.4 of the lease document provides mechanisms for reducing lease
payments under these conditions.
Respondents should also be aware that in response to environmental conditions, regulations, or
other reason(s), grazing may be restricted on any portion of the leased premises according to the
provisions of lease.
The City is interested in innovative proposals that balance environmental as well as economic
issues related to a large scale livestock grazing operation. Thus, proposals will be evaluated on
the basis of environmental protection/enhancement considerations, as well as proposed animal
unit month leasing payments.
Applicants submitting proposals must have extensive experience managing seasonal livestock
grazing operations of at least 400 animal units.
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 City staff.
TERM
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,
2020.
0 !
NEPA COMPLIANCE CHECKLIST - ATTACHMENT -j
Stale: / D Fede-ral.Fl :ancial Assis6nce Grant/Agreement/Ameodmeet Number:
Grant/Project Name:
This proposal Awls; 0 Is not completely covered by categorical esclislon NQ(a). , 516 DA1.6 Appendix i.
(cheek (e%) one) (Review proposed activcies. An appropricie eciegorimi exc/u.ror. must be eentifher.be "ire
completing ;he remainder ofthe Check!ist. Ifa categaricat exclusioncannor be iientifhed, or :he
pr oauol ccnaot meet the qualifying criteria in the categcrica! ezclt,uian, on EA mwrbe prepared.)
Exceptions: .
Will This Proposal (check (✓ .)Yes or ro foreachiLem below;;
Yes
No
❑
C</
..
Havc significant advc-sc cffc.ts on public health or spfcty.
G
if!
?.
I?ave adverse cfecz on such unique geographic characteristics as historic or cultural reso.rrce: park, r-.creatbn
or refuge Iands, wilderness arcs, wild or scenic rivers, sok o. principal drinking %voter aqui Ters, prFne
farmlands, wetlands, !Yoocplains, or ecologically significant or critical areas, including these I's!ed or, the
Dcpanmcni's National Register of Natural Landmarks.
C/
3.
Havc highly controversial environmental effects.
0
!2"
4.
Have highly uoeerain and potentially significant environmatal.cffcea or involve cninuc, or unknown
cnvi-camcntaE.risls. '
/
S.
Establish a precedent for future action or represent a decision in principle about future actions with potentially
"
significant environmental effects.
0
l�
6.
Be directly rchated to other actions with ndividua!ly insignificant,but cumulatively signilica: tenvironmental
effects.
0
7.
Haveadverse effects on properties lister or eligible for lisiing on the National Register of Historic places.
0
07
8.
Have adverse effects on species listed or proposed to be listed on the List of Endangered or Thrcatcncd Species,
or have adverse dfects on designated Critical Habital for these species.
G
la.✓
9.
have material advent tic effects on reoc•usecs requiring compliance with Executive Order 1198S (Floodplain
Mfanagement), Executive Order 11990 (Proiectinn oW cllanes), er the Fish and W ildlife Ceardir.ation Act.
/
0
M
10.
Threaten to violate a Fcdcra E, State, loco or tri bal law or requircment imposed for the protection of the
cnvironm ent.
(if anp ofihe above t.-e PNior.s rtreive c "Yes" check (✓); an E4 m urn be prepared.)
Cane urreoc es/Approvals:
Project
Leader:
/ iu I/ Date: f4
State Authority Concurrence Dater
(with financial assivan cc xfcidtare au:ho riry, if=!icab le)
Within the spirit and intent -of the Co unci! of Envi.ronmen:al Quality's regu/oion.r for implcnzcwcig the Notional Envirosmer. tat Policy
Act (.rr'EPA) and otherstatues, ciders, end policies that prot ectftrh and wddlifs rc:ourcc, l have arablirhed the fat to wing
admiefi:mlive record and have deten. ined that the grent.Szr, recment!amsndmenr.
Is a categorical exduiloo as provided by 516 DM 6, Appendix i, No further NEPA doeumentatbn will therefore be
made.
G Is act completely covered by the categorical exclusion as provided by 516 DM 6, Appendix 1. An EA must be prepared.
0 includes other attached information supporting the Checklist.
Service sE?.nature approval:
RO or W'O Environmental Coordi nato,:
Date:
SlaffSpccielst, Division ofF edcrnl Ai: Dale'.
(a- authe izcd Service rcprescrstativc with financial assistance signature authority)
FWS Form 3-2185
OSi00
n
LJ
E
INTRA-SER.VTCT SECTION 7 BIOLOGICAL L-VALUATION FORDO
Originating Person: Tyler Abbott
Telephone Number: (307) 772-21374 x 23
Date: October 21. 2004
L Region:6
U. Service Activity (Program): Partners for Fish and Wildlife, Wildlife Extension
Agreement
III. Pertinent Species and Habitat:
A. Listed species and/or their critical habitat within the action area:
Colorado butterr'}y plant (Gaura neomexicana ssp. coloradensis); Llte ladies' -tresses
orchid (Spiranthes-diluvialis); Preble's meadow jumping mouse (Zapus hudsonius
preblei)
B. Proposed species and/or proposed critical habitat within the action area:
None
C. Candidate species witbin the action area:
None
IV. Geographic area or station name and action:
Cheyenne Ecological Services Field Office, Wyoming
V. Location:
A. Ecore&u number and name:
B. County and State:
Weld County, Colorado
C. Section; townsbip and rauge:
TI iN R67W Sec. 19, A. Weld County, Colorado
D. Species/babitat occurrence:
Several butterfly plantsubpopulations present, approx. 55 reproductively
mature plants . .
VI. Description of proposed action: Wort: cooperatively with landowner, City of Fort
Collins, to adaptively manage (e.g., grazing regime; hay mowing; controlled use of
herbicide by not spraying within 100 feet of known subpopulations) approximately 280
acres ofwetmeadow and l iparian habitat for the Colorado butterfly plant.
Determination of effects:
A. Explanation of effects of the, action on species and critical habitats in Items
III.A,Band C:
Likely positive impact to the Colorado butterfly plant and its habitat. May
positively impact trite ladies' -tresses orchid and its habitat, and Preble's meadow
jumping mouse and its habitat.
B. Explanation of actions to be implemented to reduce adverse effects:
Controlled herbicide application by not spraying within 100 feet ofknowri
Subpopulations; evaluate and adaptively manage grazing regime and hay mowing.
VII. Effect determination and response requested:
A. Listed species!designated critical habitat:
Determination Response Requested.
No effect/no adverse modification
Concurrence
May affect, not likely to adversely affect
species/adversely modify critical habitat
Possible beneficial effect to l-rte laclies'-tresses orchid
and Preble's meadow jumping mouse
Beneficial effect to Colorado butterfly plant
X- Concurrence
May affect, and is likely to adversely affect
species"adversely modify critical habitat
Formal Consultation
B. Proposed species/proposed critical habitat:
Determination Response Requested
no effect on proposed species/no adverse:
modification of proposed critical habitat
is likely to j eppardiae proposed species/
adversely modify proposed critical habitat
C: Candidate species:
Determination
no effect:
is likely to;eopardize candidate species
Concurrence
Response Requested
Concurence
Conference
u
Field Sup visor ! Date
IX. Reviewing ESO Evaluation -
A. Concurrence Nonconcurrence
B. Formal Consultation Required
C. Conference Required
D. informal Conference Required
Assistant Regional Director Date
Ecological Services, Region 6
3
F,nvironmental Site Assessment.
Level I Survey Checklist
Instructions: Complete each section. When the answer is "Yes" or when no response is given in parts B, C, sad D, provide
doc.anentatioa under Fart E. Describe the distance if "Nearby" is checked and whether there is a knotNm potential pathway for
hazardous substances and/or.other e viremneutal problems on site. Attach a legal description and plat, topographic map, or
other identification.. of [he real property covered by this Survey.
Note: Any deletions or omission front this form will render this Survey invalid.
.4. - Background Information
Bureau Name 9 J Tract
uamei:��o. � �-
Project Name // "����qq t /* f state ��
/�, 1N lilri` County
B. Interviews: Inteniew owners, neighbors, county agents, etc., and any appropriate Federal audtorities on past and present
use, addressing the topics in Part C. and Part D. below. (Attach documentation.)
C. Site Inspection Screen: Note, observance or knowledge of the following on site or nearby with .checkmark:
Onsite Nearby
Yes Yes None
1. Dumps, especially with drams or other containers. (Read
labels if possible; do not.open or handle! If no labels, note
identifying characteristics.)
2. Other debris: note rype (e.g., household, fann, industrial
waste, etc.)
3. Fills: (note if possible cover for dumps)
4. Unusual chemical odors
5. Above ground storage tanks: note type (e.g., petroleum
products, pesticides, etc.) Estimate tank size
6. Ch.micals/solvents storage: note where (e.g., barn, residence,
etc.)
7. Evidence of asbestos: note where (e.g., fire proofing,
acoustical plaster, siding, or floor tiles)
S. Vegetation different from surrounding area for no apparent
reason (e.g., bare ground)
9. "Sterile" or modified water bodies
10. Oiled or formerly oiled roads (note if no apparent datrage)
II. Oil seeps or other stained ground, or discolored steam banks
12. Oil slicks on, or unusual colors in, water
13. Snrayoperation base: uote:typc (e.g., air strip, equipment
parking area)
14. Machineryiequipment repair areas
15. Pipeiittes; major electrical equipment
16. Electric transmission lines: pole -mounted Transformers (note
evidence of leakage)
—=vim
0
onsite Nearby
Yea Yea None
17. Underground storage tanks, stand -pipes, constructed sites for
petroleum prcduct storage y/
18. Evidence of oil and gas drilling pads or holding.ponds L/
19. Evidence of strip mining, bard rock mining, or otherextractive
mineral activity ✓
20. Other envirottmer_tal problems: (see 341 FN 3.5 C.) Attach
dccuunentation 2
D. Record Searches: Coordinate with Division of Realty. Attach documentation to show that "appropriate inquiry" was
made from "reasonably ascertainable" information (see 341 FW 3, Exhibit 4) for the following:
1. Past uses that might indicate potential hazardoussubstance or other
environmental problems on site (CIRCLE any that are applicable and
document in Section E):. None .. 1r
Mar
ufactunng; service station; dry cleaning; airstrip; pipeline; rail line;
facilitywidi large electrical transformers or pumping equipment;
petroleum production; landfill; scrap metal, auto or battery recycling;
military; lab; wood preserving.
Other (describe)
2. Nearby land uses, especially upstream or up gradient, or that might have
had waste to dump at site (see above list).
Identifv: None
3. Known hazardous substance sites in vicinity: NPL, state site, or
candidate site (check with EPA or state EPA counterpart). Yea No ✓
4. Agricultural drainage history: surface, and/or subsurface drains. Yea No i
5. In acquiring land from another Federal agency, that agency has notified Yes No �G
the Department of past or current presence of a hazardous substance
under Section 120(b) of CERCLA (Superfund). Not Applimble
E. Documentation and Analysis (Attached): Include all documentation for Parts A, B, and C above (e.g., detailed summary
of site conditions; description of.topographv and other site features; list of records searched and findings; list of persons
interviewed and cernments; analysis; pbotos; etc.) Include conclusions by Environmental Contaminants Specialist, if any.
Peter McGowan (CBFO Environmental Contaminants Specialist), and Dan Murphy (CBFO Federal Activities biologist)
conducted a Level I Survey on February 26, 2001. The combined tracts are accessed from Route 1, along the access road
leading to the Breadkiln Sportsman's Club. The combined tracts:are bounded by Prime Hook NYWR to the north, east, and
south. Private lots bound the western boundary of the tract. The predominant landtype found on the tracts were identified as
agricultural, with forested weilands.located within the Lofland tract. During the site visit, McGowan and Murphy collected
11 soil samples from randomly selected sites on the Jefferson tract (Figure 1). Basis for collecting soil samples, which is
usually not conducted during a Level 1 Survey, was to make sure that lead shot from the Broadkiln Sportsman's Club, a trap
shooting range, had not impacted the tract: Soil samples were collected at surface (0 2") at2-8" and at 8-14". 'Soil
samples were screened at CBFO for lead shot pellets. Wet sieving of soil samples on March 2, 2001 revealed no lead shot
pellets in any of the soil samples.
On February 28, 2001 McGowan spoke with Mr. Jim Jefferson (302) 684-8333, owner of tract 108, to discuss his
knowledge of existing contaminant problems and the past rise of the property. Mr. Jefferson stated he was not aware of any
existing contaminant problem, including dump sites on the property, and confirmed that.the property has always been used
I
11
r1
A Level M.Surrvey is recommended
Signed Print Name
Date Title
4. On the basis of he information collected to complete this Survey it is possible to reasonably conclude that
there is a potential for hazardoussubstances or other environmental problems, or the effects of hazardous
substances or other environmental problems, to. be present on this real property, but there is sufficient
information documented to conclude that a Level 11 or Level Ill Survey is not necessary. The actual or
potential remediz6on or other environmental cleanup costs or other monetary dzmages.on this real
property reasonably can be expected to be 5
Signed
Date
G. Reprogramming
Reprogramming will —
H. approving Official
Signed
Dated
Hill not _ be required.
Print Name
Title
Print Name
Title
4
........................... .
for agricultural purposes. On March 5, 2001 McGowan spoke with Mrs. Jane Lofland about known or potential contaminant
threats on tracts belonging to her. Ms. Lofland stated she was unaware of any existing contaminant threats on any of her
tracts.
Comments on sections checked other dean "none" in section C.
No. 6. During the site survey a small wooden storage shed (N 38' 48.99; W 75' 16.93� located on the Lofland tract was
checked. for. potential contaminant threats, Located inside the shed was a plastic 5 gallon bucket (full) of roofing repair tar
(see Figures 2 and 3) There were no signs of leakage from the container. It is recomnacrided that the container be removed
from the shed.
No.16. A powerline exists along the dirt access road that is located on the jefferson tract There are no pole mounted
transformers located on the property itself, however, there is one located on the adjacent 1.98 acre tract next to the gated
entrance to the Broadkiln Sportsman's Club. There were no signs of leakage from the transformer.
Na. 20. See comments in section D (below)
On March 5, 2001 McGowan conF.rmed with Prime Hook N NR manager that the tracts have no newly identified contaminant
problems or threats. Overall, and considering the historical land use of the tracts, any contaminant threats or problems should
be considered minimal or non- existent.
Comments on Record Searches in secrion D.
On February 21, 2001 McGowan conducted a EPA database query for CERCLIS (I record), RCRIS (3 records); TRI (1
record), and NYPDES (0 records), and A1RSIAFS (I record) sites and facilities near the tract 'See attached sheets. Query
records, except for one, indicated no sites or facilities that would impact the tract The single exception was the Broadkiln
Sportsman's Club (CERCLIS) and was related to the lead shot contamination that had been previously identified at the site.
The single TRI and AIRS/AFS records were associated with Draper Canning Company; and Draper King Cole, two canning:
companies located in Milton, DE. Both of the canneries are no longer in business. One of the 3 RCRIS records is also
associated with Draper Canning Company. The two remaining RCRIS records are associated with facilities that pose no
environmental contaminant threat to the tract or refuge.
F. Certification (Preparer.sign one and only one of the following.)
1. I certify that to the best of my knowledge, no hazardous substances or, other environmental problems. are
present on this real property. and there are no obvious signs of any effects of such substances or problems.
ma�y`^^ .
Signed (/ _./ Print Name, s// —y
Date fn — rG Title'%
2. Tlie surveyed real property, or a portion thereof, contains hazardous substances or other environmental
problems as determined by the environmental site assessment The owner of that real estate has cleaned up
or will clean up the hazardous substances or other environmental problems to bureau specifications
(documentation of the owner's commitment, ability, and plan to clean up the property is attached). A Level
IT or Level III Survey is not required.
Signed
Date
Print Namz
Title
3. On the basis of the information collected to complete this form it is possible to reasonably conclude that
there is a potential for hazardous substances or other environmental problems, or the effects of hazardous.
substances ur other environmental problems, to be present on this real property.
A Level II Survey is recommended
3
0
J'
WEB Cheddist
This checklist is an aid to ensure compliance with all applicable _ ederal_; State and
Local laws and rules and should be included with Financial Cover Page and IW A.
Type of Project:
Grazing SysfeLn
Riparian Fen,-cing
Off --site Water Development
Wetland Restoration
Wetland Creation/Enhancement
St -earn Restoration
UTpland Restoration r.e. Seeding, Dixie Harrow etc.)
Other (explain) O w
C
f�.. -
Permits and Notification:
.�✓IL Corps 404_Pera it
DEQ (EPA 401 Certification)
v_ Intra-.Section 7 Review .
Section 106 historical and Preservation Act
LV? Wyori ng State Engineer's Ofrice Apprc)val (Temp. Filing 4 minimum)
p NEPa Coinpliance Checklist
P( Level One Contanihiates
A, _ Depletions (North Platte & Colorado Fivers)
,A/* Tribal Approval Letters etc.
_�� NRCS lylini�=-al Effects (_AD-1026) .
1'fp-NIisc. Permits (List)
Financial Documents:
A/1-f ACH Vendor Form
, e7 "VT-9 Form
Wildlife Extensicn Agreement Cover Sheet
Cooperator/Projecth"arne:
Agreement s: Project Type, --
Submitted by:.,1aYu� yG. Date: lJ—/9-eti/
Private Lands R presentative
TYPE OF DOCUMENT:
W EA $
Fending Account:
obligated.
WEA - No $ obligated.
Cooperative Agreement.
All purchases to be made by USFWS.
_ Chalienge Cost Share Agreement $
CC -SA Title
Cooperative .Agreement S Title
Amendment to existing agreement S
METHOD OF. PAYMENT:. Landcwn@r does work, receives check, will be taxed.
(reimbursed for work/labor performed).
Landowner does work, receives check, will not be.
taxed (reimbursed. for purchases made).
Landowner hires contractor, receives check, pays
contractor.
Purchase order S
VISA purchasB S
OTHER: -T ACH Form Vendor Number
RIDE V . W-9 Form
APPROVED: Copies rriaited to: Cooperator
R.Q.
Invoice received? j Y if N l
Forwarded to FC Date accepted
Permits and other documentation required: ,lf�
0
Proposals should include at least the following:
(1) Name(s) addresses and phone numbers of principal(s) to be involved in the management
of the proposed livestock grazing operation.
(2) Summary of past livestock grazing management experience including three related
references to support past experience. Addresses and phone numbers for
references must be included.
(3) Proposed lease rate per animal unit month (assume 1,100 animal units for a six month
grazing season).
(4) General outline of proposed management plan, including any methods or practices to
minimize negative environmental impacts, or enhance site environmental
conditions.
Proposals will be reviewed and ranked by a committee. Selected finalists may be invited to make
a presentation before the committee. A ten year grazing lease contract which will include the
proposals terms and conditions, will be negotiated with the selected applicant. Firm's proposals
should include any exceptions to the attached Meadow Springs Ranch lease document.
Due to a contractual requirement granting first right of refusal to the previous property
owners, the final lease contract will be presented to the previous owners for their
consideration. If the previous owners choose to exercise their first right of refusal, the City
will be obligated to proceed with Council consideration of the lease with the previous
owners. If the previous owners choose not to exercise their first right of refusal, the City
will present the lease with the selected applicant to Council for their consideration.
An informational meeting will be held at 9:00 a.m. on June 2, 2010 at the City of Fort Collins 215
North Mason, Community Room, Fort Collins, Colorado. Tours of the ranch will be made for
interested applicants.
Questions regarding the proposals should be directed to:
Steve Comstock
City of Fort Collins
Water and Wastewater Utility
P.O. Box 580
Fort Collins, Colorado 80522
(303)221-6900
Submittals:
Submit 6 copies of your proposal, no later than 3:00 p.m., June 21, 2010, to:
City of Fort Collins
James B. O'Neill ll, CPPO
Director of Purchasing and Risk Management
115 N Mason St
Fort Collins, Colorado 80521
0
POINTS (1 TO 5)
RATING CRITERIA
What are the firms qualifications to perform the service. Experience in the
business and experience of staff.
2. Financial ability for providing service.
3. Firms understanding and approach to environmental issues related to large
scale grazing operations.
4. Proposed compensation to be paid to the City. Proposed lease rate per
animal unit (assume 1,100 animal units for a six month grazing season).
REFERENCES - will be rated on the top ranked firm as satisfactory or unsatisfactory.
NOTE: Firms proposals should answer each of the above questions in sufficient detail.
3
r�
u
MEADOW SPRINGS RANCH
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 Counties of Larimer and Weld, State of Colorado,
consisting of approximately 26,582 acres of land, commonly known as Meadow Springs Ranch,
the legal description of which is set forth in Exhibit "A" attached and incorporated herein by
reference (the "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, for use for grazing purposes and
related uses as more specifically described herein.
1.2 Lessor reserves the right in the future to exclude from the Leased Premises that
portion of the Leased Premises legally described as Section 18, Township 11 North, Range 68
West of the 61h P.M., County of Larimer, State of Colorado, identified as "Round Butte" on
Exhibit "B", attached and incorporated by reference. If in any year Lessor wishes to exclude
Round Butte from the Leased Premises, Lessor must give Lessee notice of such exclusion prior
to May 15 of such year, and Lessor will be solely responsible for fencing off Round Butte from
the rest of the Leased Premises.
1.3 This Lease includes all the grazing -related improvements located upon the Leased
Premises including, but not limited to, the "Ranch Headquarters" house and associated corrals
and outbuildings, located as shown on Exhibit B. 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.
1.4 This Lease does not include the right to use or occupy the facilities identified on
Exhibit B as "Jordan's House", "Elliot House", or the "Biosolids Headquarters." Lessor reserves
for itself, its agents, contractors, and any tenants of Jordan's House, the right to access and use
those facilities for any purpose consistent with Lessee's rights under this Lease Agreement.
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 I" 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 3151 day of
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]. The dollar amount
per AUM will remain the same for the second through fifth terms of this Lease. Beginning with
the sixth year of this Lease, and for each year thereafter, the amount of rent will be
[dollar amount] per AUM. 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 1,000 pound yearling shall constitute one (1) animal unit, but if the yearling
weighs less than 1,000 pounds, then the animal unit value assigned to that
yearling shall be based upon the percentage that the yearling's weight is to a
1,000 pounds weight. (For example, if the yearling weighs 600 pounds, then it
shall constitute .6 of an animal unit.) The weights for yearlings shall be