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HomeMy WebLinkAboutRFP - 7411 DRYLAND WHEAT AGRICULTURAL SERVICESFinancial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 tcgov.coMpurchasing REQUEST FOR PROPOSAL 7411 DRYLAND WHEAT AGRICULTURAL SERVICES The City of Fort Collins, Larimer County, and the City of Loveland are collaborating to lease three dryland agricultural properties for winter wheat farming for up to five years. Proposals may be submitted by E-mail in Microsoft Word or PDF format. E-mail submittal shall be e-mailed to: purchasing(a)fcgov.com. Written proposals, five (5) copies, 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), July 31, 2012 and referenced as Proposal No. 7411. If delivered, they are to be sent to 215 North Mason Street, 2"' Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins, 80522-0580. Questions concerning the scope of the project should be directed to Project Manager, Justin Scharton, Environmental Planner at (970) 221-6213 or ischarton(d_)fcgov.com. Questions regarding bid submittal or process should be directed to John Stephen, CPPO, LEED AP, Senior Buyer, at (970) 221-6777 or istephen(a)fcgov.com. A copy of the Proposal may be obtained as follows: 1. Download the Proposal/Bid from the BuySpeed Webpage, www.fcgov.com/eprocurement 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. Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Sincerely, James B. O'Neill II, CPPO, FNIGP Director of Purchasing & Risk Management RFP 7411 Dryland Wheat Agricultural Services Page 1 of 16 rules, and regulations regarding the application and storage of such herbicides, pesticides and materials, and shall be in accordance with any applicable provisions of the Management Plan. e. The Owners shall be responsible for controlling all noxious and toxic plants found in the non -cultivated portion of the Property and upon any other portions of the Property in use by the Owners for the management of natural resources or recreation. The Owners shall be responsible for the costs of any herbicides or other material necessary to control such plants on those portions of the Property. f. The Tenant shall keep records of all fertilizer, pesticide, and herbicide applications, which records shall be accessible and available to the Owners upon reasonable notice for its review and copying. g. The Owners shall make all decisions, at its sole discretion, regarding the management of all wildlife on the Property, including Black -tailed Prairie Dogs. Tenant may petition Owners to control prairie dogs if the colony encroaches onto the cultivated area of the Property, and the Owners shall decide whether control or management is appropriate. The Owners shall make all decisions regarding the timing, method, and scope of any control activities. h. The Owners shall be responsible for any maintenance or repairs necessitated as a result of the Owners, its officers, employees, agents, or permittees entering upon and using the Property as permitted by the Lease. i. All maintenance and repairs to the Property required of the Tenant must be made promptly and when necessary. In addition, all such maintenance and repairs must be done in a good and workmanlike manner. j. If the Tenant fails to perform any maintenance or make any repairs required under this Lease, the Owners may, but are not required to, make such maintenance and repairs on the Tenant's account, and the Owners may add its costs and expenses for such repairs or replacements as additional rent due to the Owners under this Lease. Tenant will then pay such amount to the Owners within thirty (30) days after receiving written notice from the Owners of the costs and expenses paid by the Owners for such maintenance and repairs. k. At the end of term, the Tenant shall re -deliver the Property and the improvements located thereon in a condition and state of repair comparable to the condition which existed at the time of original delivery, ordinary wear and tear excepted. 9. Tenant Covenants and Responsibilities a. Tenant shall allow Owners access to the Property at all times. b. Tenant shall only allow odors, fumes, vibrations and noise n a d from the Property, which are commensurate with the normal conduct of agricult al operations. RFP 7411 Dryland Wheat Agricultural Services P age 10 of 16 C. Except as otherwise specifically provided in the Lease, all costs of crop production, including machinery, equipment, fuel, labor, seed, fertilizer, herbicides, pesticides and soil supplements on the Property shall be the responsibility of and provided by the Tenant. d. Tenant shall not take, collect, gather, remove, alter, sell, possess, damage or destroy any cultural or historic artifacts, or natural objects on the Property. e. Tenant shall keep its farming operations in a neat and clean condition, and free from trash or litter. f. Tenant shall not place, store, use or dispose upon the land of the Property, temporarily or permanently, any substances, including fuel products that are hazardous, toxic, dangerous or harmful or which are defined as a hazardous substance by the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") 42 USC 9601. These substances shall be referred to collectively as "hazardous substances". Tenant shall immediately notify Owners by phone or email and in writing, of all spills, releases, inspections, correspondence, orders, citations, notices, fines, response and/or cleanup actions, and violations of law, regulations or ordinances which affect the Property. g. Tenant agrees that Tenant shall not permit any mechanic's lien to be perfected or remain against the Property. Tenant shall not directly or indirectly create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the Property. h. Tenant agrees that Tenant shall not assign, sublet, pledge or mortgage any of Tenant's interest herein without the prior written consent of the Owners thereto, which consent shall be in the absolute discretion of the Owners. This shall not preclude Tenant from using Tenant's share of the crops for collateral for an operating loan. i. Tenant agrees to deliver up and surrender to the Owners, po a ion of said Property at the expiration or termination of this Lease, by la/"ey or of noise. j. The Tenant vehicular access on the Property shrcrmanagement purposes. The Owners retain the right to implemecssrestrictions if vehicle access abuses or conflicts occur that may al sources. k. No public access, hunting or recreational us t e Pr eity can authorized by the Tenant. I. The Tenant and Tenant's guests, inv' ees an mpls must hqt use the Property in any way that violates any applicabler, stat, 1V ordi n e, rule, or r ulation of any governmental entity or body. / 10. Tenants Having Agent or Manager Relationships. he Tenant m make legal arrangements with a second party to operate t e Tenant's a ,cultural b siness under an agent or manager relationship. The Tenant retains fu res risibility for omplian a with the provisions and requirements specified in the Lease. Und an agen r manage elation ip Owners must approve in advance an agreement made etween a Te t and m nager o gent. Copies of the agreement must be filed, the Owners. he agement st stat the sco of authority conferred on the manager or agent. v RFP 7411 Dryland Whe gricultural Servi s Page 11 of 16 11. Contacts. The Tenant shall provide a list of persons, including addresses and phone numbers, which may be contacted in the case of emergencies. The level of responsibility of each contact shall be noted. The Owners shall keep the list on file. 12. Assignment and Subletting. Tenant shall not assign any portion of this Lease nor sublet any portion of the Property without the prior written approval of the Owners, which shall not be unreasonably withheld. This Lease shall bind all successors and any permitted assigns of the parties. 13.. Insurance. Owners and Tenant shall each be responsible to maintain and pay for their own crop damage (optional) insurance. Tenant shall pay and maintain liability and workers compensation insurance in accordance with the requirements set forth by Larimer County, the City of Fort Collins and the City of Loveland. If the levels of coverage required by each Owner differ, the greater requirement of each coverage type shall apply. Levels of insurance required to be carried by the Tenant are subject to change, and Tenant agrees to add coverage if necessary. 14. Indemnity. Tenant shall indemnify and save harmless Owners from and against any and all claims, suits, actions, damages and causes of action arising during the term of this Lease for personal injury, loss of life, or damage to property sustained in, or upon the Property, and from and against all costs, attorneys fees, expenses and liabilities incurred in and about any such claims, the investigation thereof or the defense of any action or proceedings brought thereon, and from any judgments, orders, decrees, or liens, resultant therefrom by virtue of the use of the Property by Tenant's or his agent's negligence or willful and wanton conduct. By requiring this right to indemnification, the Owners in no way waive or intend to waive the limitations on liability which are provided to the Owners under the Colorado Governmental Immunity Act,C.R.S., Sections 24-10-101, et seq. 15. Release. Tenant hereby releases the Owners from any claim for personal injury or property damage suffered by Tenant as a result of any activity occurring on the Property pursuant to this Lease. 16. Notices. Written notices required under this Agreement and all other correspondence between the parties shall be directed to the following and shall be deemed received when hand - delivered or three (3) days after being sent by certified mail, return receipt requested: If to Owners: Larimer County: Dept. of Natural Resources Director Larimer County 1800 S. County Rd. 31 Loveland. CO 80537 City of Loveland: ADDRESS City of Fort Collins: Natural Areas Program Manager City of Fort Collins 215 N. Mason Street P.O. Box 580 Fort Collins, Colorado 80522 RFP 7411 Dryland Wheat Agricultural Services Page 12 of 16 If to Tenant: 17. Condition of Property. Prior to signing this Agreement, Tenant has inspected or caused to be inspected the Property and takes the Property in the condition AS IS. No additional representation, statement or warranty, express or implied, has been made by or on behalf of Owners as to such condition. In no event shall the Owners be liable for any defect in such Property or for any limitation on its use for crop production. 18. Joint and Several Liability. If this Lease is signed on behalf of Tenant by more than one person, then the liability of the persons so signing shall be joint and several. (The language "joint and several" means that if more than one person has signed the Lease, then each of these persons individually and all of these persons collectively are fully responsible for fulfilling all of the obligations of this Lease, except where expressly otherwise agreed between Owners and Tenant. For example, one person signing the Lease may be liable for any or all damages to the Property, even if caused by another person signing the Lease; and one person signing the Lease is liable for the total amount of rent due, even though other persons have also signed the Lease.) 19. Removal of Personal Property. Tenant shall have the duration of the Lease term to remove all of Tenant's personal property from the Property, unless Owners terminate this Lease as provided in - ection 21 of this Lease. Tenant agrees that any personal property enant remaining on the Property after the end of the Lease term, or termination of t Lea , shall be deemed abandoned by Tenant and Owners shall have the right to dispose any suc personal property in any manner Owners deem appropriate. Tenant will be liable r any dis osal costs incurred by Owners. 20. No Partnership Created. This Lease shall not be deemed relation, and neither party shall have authority to obligate the o except as specifically provided in the Lease. 21. Miscelaneous Provisions a. Time is of the essence of this b. If any provisions of this Lease sl the remainderof the Lease shall odnItaue in full C. Notwithstandinv anything to under this Lease shall be limit to Owner. d. Subject to the pro isions` hereunder inure tg-and are bindin upon e. iao� Hers rgserve t e ngnt and rig of-itesire over, ross, < lease IIorano of the opertany of the in and to a pdtnership herein, lity the be fits is Lease and the burdens "ales heret nd their respective heirs, any thi party such easements ortions o the Property and to I rty s ong as such easements, wit a Tenant's continuing use Page 13 of 16 f. This Lease will not be recorded. However, at the request of the Tenant, the Owners and the Tenant will execute a memorandum of lease for recording, containing the names of the parties, the legal description of the Property, the term of the Lease and such other information as the parties mutually agree upon. g. Notwithstanding anything herein to the contrary, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the "Colorado Governmental Immunity Act", Section 24-10-101, et. seq. CRS, as now or hereafter amended. The parties understand and agree that the liability of the Owners for claims for injuries to persons or property arising out of negligence of the Owners, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of Section 24-10-101, et. seq., CRS, as now or hereafter amended. Any liability of the Owners created under any other provision of this contract, whether or not incorporated herein by reference, shall be controlled by, limited to, and otherwise modified so as to conform with, the above cited laws. 22. Default. a. The Tenant agrees to observe and perform the conditions and agreements herein set forth to be observed and performed by the Tenant. If Tenant defaults in the payment of rent, or any part thereof, or if the Tenant shall fail to observe or perform any conditions or agreements set forth in this Lease, Owners shall give Tenant written notice that Tenant has fifteen (15) days to cure such breach. If Tenant fails to commence within said fifteen -day period, a course of performance to cure such default and thereafter to diligently pursue the work required to correct it, then, and in that event, and as often as the same may happen, it shall be lawful for the Owners, at their election, to terminate this Lease and to re-enter and repossess itself of the Property, with or without legal proceedings, using such force as may be necessary, and to remove therefrom any crops and any personal property belonging to the Tenant without prejudice to any claim for rent or for the breach of covenants hereof, or without being guilty of any manner of trespass or forcible entry or detainer. Tenant agrees to indemnify and hold harmless the Owners from and against any costs for the removal and storing of crops and personal property elsewhere incurred by the Owners under the provisions of this paragraph. b. If the Owners shall commence an action for collection of rent or other sums payable under this Lease, or to compel performance of any of the terms or conditions of this Lease, or for damages for failure of Tenant to perform under this Lease, the Owners shall collect from the Tenant and Tenant shall pay to the Owners all reasonable attorney's fees in respect thereof, unless the Owners shall lose such action. 23. Venue. This Lease shall be governed by the laws of the State of Colorado. Venue for any action brought under this Lease shall be in Larimer County, Colorado. 24. Entire Agreement. This Lease contains the entire agreement of the parties and may not be altered or amended except by mutual written agreement signed by both parties. RFP 7411 Dryland Wheat Agricultural Services Page 14 of 16 IN WITNESS WHEREOF, the parties have executed this Dryland Farm Lease as of the date first written above. ATTEST: County Clerk Approved As To Form: County Attorney ATTEST: City Clerk Approved As To Form: Assistant City Attorney ATTEST: City Clerk Approved As To Form: Assistant City Attorney TENANT 0 OWNERS: LARIMER COUNTY Gary Buffington, Director CITY OF LOVELAND Cecil Gutierrez, Mayor CITY OF FORT COLLINS Karen Weitkunat, Mayor RFP 7411 Dryland Wheat Agricultural Services Page 15 of 16 EXHIBITS Exhibit A — Legal Description Exhibit B — Map Exhibit C — City of Loveland Open Space and City of Fort Collins Natural Areas Regulations RFP 7411 Dryland Wheat Agricultural Services Page 16 of 16 Scope of Work Long View Open Space/Coyote Ridge Natural Area/Prairie Ridge Natural Area Dryland Wheat Agricultural Lease The City of Fort Collins, Larimer County, and the City of Loveland are collaborating to lease three dryland agricultural properties for winter wheat farming for up to five years in one request for proposal ("RFP") process. Submitting a bid for this RFP constitutes submitting a bid to farm Long View Open Space, Coyote Ridge Natural Area and Prairie Ridge Natural Area, with a current total farmable acreage of 1,551 acres ("Properties'). The primary reason for leasing portions of the Properties for agricultural use is to support and enhance local agriculture in conjunction with community separator, visual and ecological objectives. The lessee must be willing to help achieve those objectives and should expect frequent interaction with City and County staff, including on -going monitoring of vegetation and soil conditions. The lessee will be expected to perform the following functions: • Engage in dryland agriculture production on an annual basis. • Minimize soil erosion by using conservation farming best management practices. • Place roughly one half ('/z) of the farmable acreage of the Properties in fallow each growing season, for a net current farmable acreage of approximately 772 acres each year. • Manage all noxious weeds on the Properties, including fallow areas as directed by City and County staff. • Limit Lessee vehicular access on the Leased Premises to crop production management purposes only, and only as needed. Lessee may have to delay taking vehicles on the Properties, including farm equipment, if the vehicle's use or presence would result in resource damage such as soil erosion or road damage. Certain areas of the Properties will require City and County authorization for vehicle access. • Pay all costs associated with crop production, and the control of insects and noxious weeds on the cultivated portions of the Properties. • Cooperatively integrate agriculture with other uses such as soil conservation and preservation of rural and scenic values. • Refrain from killing, shooting, fumigating, injuring, harassing or otherwise impacting wildlife on the Properties, including elk, deer, coyotes, rattlesnakes, foxes, prairie dogs, raptors, migratory birds and other wildlife that may utilize the Properties. Access restrictions during certain times of the year may be enforced in sensitive wildlife habitat. Prairie dog management may be requested by the lessee if any prairie dog town encroaches into the cultivated area of the Properties. The City and County reserve the right to all management decisions and actions regarding prairie dogs. Adjust crop management to changes in weather and soil moisture conditions. Work cooperatively with The City of Fort Collins, which currently plans to restore 50 acres per year of the Coyote Ridge Natural Area from winter wheat production to native grassland, thus removing that acreage from agricultural production. It is estimated that the current 475 farmable acres on Coyote Ridge will be reduced to 225 farmable acres by the last renewal year of the lease term (2017). Any reduction in farmable acreage in any year, due to restoration, wildlife closures, or any other reason, will be subject to a pro -rated rent for the actual farmable acreage. RFP 7411 Dryland Wheat Agricultural Services Page 2 of 16 Applicants must own property in Larimer County, as directed by the Board of County Commissioners to the Natural Resources staff on June 21, 2011. • The lessee shall receive 100% of the crop and the Production Flexibility payments from the Farm Service Agency. • Commercial liability, worker's compensation and employers' liability, and other insurance coverage must be carried by the lessee at specified levels during the lease term. Term: Five year term with the dates of August 1, 2013 — July 31, 2018. Minimum Rental Rate: All bids must be at least $10/acre/year or greater to be considered. RFP 7411 Dryland Wheat Agricultural Services Page 3 of 16 No Text REVIEW AND ASSESSMENT Professional firms will be evaluated on the following criteria. These criteria will be the basis for review of the written proposals and optional interview session. At discretion of the City, interviews of top rated firms may be held. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING QUALIFICATION STANDARD FACTOR Does the proposal show an understanding of the 2.0 Scope of Proposal project objective, methodology to be used and results that are desired from the project? Do the persons who will be working on the project 2.0 Assigned Personnel have the necessary skills? Are sufficient people of the requisite skills assigned to the project? Can the work be completed in the necessary time? Can the target start and completion dates be met? 1.0 Availability Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? 1.0 Motivation Is the firm interested and are they capable of doing the work in the required time frame? Do the proposed cost and work hours compare 2.0 Cost and favorably with the project Manager's estimate? Are Work Hours the work hours presented reasonable for the effort required in each project task or phase? Does the firm have the support capabilities the 2.0 Firm Capability assigned personnel require? Has the firm done previous projects of this type and scope? RFP 7411 Dryland Wheat Agricultural Services Page 5 of 16 REFERENCE EVALUATION (TOP RATED FIRM) The project Manager will check references using the following criteria. The evaluation rankings will be labeled Satisfactory/Unsatisfactory. QUALIFICATION STANDARD Overall Performance Would you hire this Professional again? Did they show the skills required by this project? Timetable Was the original Scope of Work completed within the specified time? Were interim deadlines met in a timely manner? Was the Professional responsive to client needs; did Completeness the Professional anticipate problems? Were problems solved quickly and effectively? Budget Was the original Scope of Work completed within the project budget? a) If a study, did it meet the Scope of Work? b) If Professional administered a construction Job Knowledge contract, was the project functional upon completion and did it operate properly? Were problems corrected quickly and effectively? RFP 7411 Dryland Wheat Agricultural Services Page 6 of 16 DRYLAND FARM LEASE THIS LEASE is entered into this day of , 2012, between Larimer County, Colorado, the City of Loveland, Colorado and the City of Fort Collins, Colorado (referred to herein as "Owners") and ("Tenant") whose address is WHEREAS, Larimer County, the City of Loveland and the City of Fort Collins ("Owners") own approximately 598 acres of land between Loveland and Fort Collins, more particularly described in Exhibit "A", known as Long View Open Space (the "Property"); and WHEREAS, the Owners entered into an Intergovernmental Agreement ("IGA") dated , regarding their joint ownership of the Property and related rights and responsibilities; and WHEREAS, the IGA provided that the Owners would use their best efforts to negotiate a lease with Tenant for farming the Property; and WHEREAS, the IGA further provided that the Larimer County ("Managing Entity") of is responsible for the management of the Property; and WHEREAS, the Owners have in previous years entered into a Dryland Farm Lease with a Tenant; and WHEREAS, the Owners desire to enter into a new lease agreement with a Tenant for dryland agricultural production of the Property. NOW THEREFORE, the parties agree as follows: 1. Agricultural Crop Production. Tenant agrees to use up to approximately 575 acres of the Property, located in Section 23, Township 6 North , Range 69 West of the 61h Principal Meridian, more particularly described on xhibit 'A' attached hereto and made a part hereof (the "Property"), for agricultural crop production only. Tenant agrees to use his best efforts to keep the land in a neat and clean condition, free of noxious weeds and otherwise in accordance with local dryland crop production customs, and free of trespassers and uses not allowed hereunder. 2. Rent. On or before December 1", 2013, Tenant shall pay the Owners in the Amount of Dollars ($ ) per acre for the acreage planted into crop the previous fall for the first one year term of this lease. Rent shall be payable, without any other demand or notice, by December 1 sc of each subsequent year during the term of this lease. Each year the Owners may, in their discretion, increase the dollar amount per acre planted to crops by an amount not to exceed the Denver Boulder Greeley CPIU. Rent is due by 4:30 p.m. on the specified date by mail to the Larimer County Department of Natural Resources, 1800 South County Road 31, Loveland, CO 80537. a. If any of the payments for annual rent or any other payments due under this lease are more than thirty (30) days past due, the balance due and owing shall begin to accrue interest after 4:30 p.m. on the due date at a rate of 1 percent per month. If any payments due under this lease are more than ninety (90) days past due, the balance due and owing shall begin to accrue interest after 4:30 p.m. on the due date at a rate of 1.5% per month. RFP 7411 Dryland Wheat Agricultural Services Page 7 of 16 b. At the Owners' sole discretion, Tenant may provide in -kind services to be credited against the rent. The in -kind services, and the dollar amount of such rvices to be credited against the rent, are to be mutually agreed upon, set forth in wr' ' g, nd signed by Owners and Tenant, (the "In -kind Agreement"). Services are t be prov ed and/or performed to Owners' satisfaction, within the period of time spe fled in th In -Kin( Agreement. Tenant shall provide Owners with receipts for any spe ' led mate ' Is purchased, and shall provide Owners with a written accounting of ime worke nd materials used in completion of in -kind services. Should the in ind services no e completed to Owners' satisfaction within the specified time p n d, the ners, in eir sole discretion, may give the Tenant partial, or no credit t ar a ent. o rent c dit shall be given for services provided without a written In- Ind Ag a ent. 3. Term. The term of this Lease is for a perio of five the August 1, 2013 and terminating on the 31st day of 40y, 201Ef 4. Income and Expenses. Tenant shall receive N Flexibility payments from the Farm Service Agency. Tenan and all costs associated with crop production/fhiect control cultivated areas of the Property, 5. Termination. a. By Owner. If the notice of any year, Tens Tenant shall be enti top it into portion of the Prop6rty prepareN for harvest the FinX Crop prior to Tenant Conti es his li tions ei with the pr isions f Para raph 4 above, enant oil s ($ p r acr( Crop. That p Rion of t Property no to f not be prepare for future planting. as of of till' crop d the ProductiorY all be soI94responsible for any i perennial weed control on all min do is provid will n t be ntitled to p in th all immedia i�iting (the "Fir^ro until \n5aO on or before c mpensation. However, ollowing termination that and shall have the right to . of Me following year, provided that Final Crop is harvested. Consistent all pay cash rent in the amount of r the acreage planted for the Final Final Crop, the "fallow ground", shall b. By`5,gnarrl Tenaik shall hits a he right to cancel this Lease upon giving ninety (90) days prior Wfitt&k notice t the Owners and, in this event, Tenant shall pay cash rent in ea ount of �Q ollars ($) per acre for any growing crop and nant's o ligation hernder f! all continue and Tenant shall have the right to harvest th crop un 'I of the following year. Tenant shall not be entit d to da ages o reim rsement of any expenses associated with the summer fallow qroun work. wner ay thereupon find another party to do summer fallow work. a. Tfie Tenant shall manage cultivation of the Property to prevent soil erosion, contro ee , and enhance the visual attributes, in a manner consistent with local farming ctices, and in accordance with the Man7ggment Plan for Lon • Uiew O • e ae , and in accordance with any modifications made to the Management Plan by the Managing Entity. If implementation of the Management Plan significantly impacts the Tenant's farming operation the Tenant may request that the Lease be altered as provided in - eetion 2 below. b. Tenant shall execute any adjustments required by Owners with respect to farming operations that have a negative impact on natural resources. The Tenant shall execute any adjustments required by Owners within the time period required by the Owners. The Tenant shall be held responsible and accountable for any damage to the Property and ecological integrity of the area as a result of failure to adhere to any of RFP 7411 Dryland Wheat Agricultural Services Page 8 of 16 Owners' requirements. Such failure by the Tenant shall be grounds for termination of the Lease. Use a. Tenant shall use the Property only for the purpose of farming, except as otherwise provided in this Lease. The type of crops produced and any use of the Property by the Tenant other than crop production must be approved by the Owners. b. The Tenant must not make alterations, additions, improvements, land treatment or changes to the Property, or the improvements located thereon, without the prior written approval of the Owners. Any such alterations, additions, improvements, land treatment or changes approved by the Owners must be done by the Tenant in a good and workmanlike manner. C. The Owners reserve the right to perform management activities at any time during the year. Any management activity that Owners determine has the potential to influence the Tenant's use of the Property will be coordinated with the Tenant. d. No hunting, trapping, shooting, harassing of wildlife, or recreation activities are allowed on the Property. e. The Tenant shall not use the Property in such a manner so as to violate any applicable law, statute, ordinance, rule or regulation of any governmental entity or body. There are no water rights associated with this Lease. . g. The Owners will resolve any conflicts between use of the Property for agricultural purposes and use of the Property for any other purpose. Tenant acknowledges and agrees their use of the Property may be reduced or restricted in order to accommodate such conflicts. h. Agreements and resolution of issues with adjacent property owners is the sole responsibility of the Owners. 8. Maintenance and Repairs a. The Tenant shall maintain and keep in orderly condition and in a good state of repair all of the Property property and improvements located thereon, whether existing as of the date of this Lease or added thereafter. b. The Tenant is only responsible for maintenance and repairs on the Property that are ordinary and routine in nature. Tenant will promptly notify Owners of needed maintenance and repairs to the Property that are extraordinary or major in nature. Responsibility for materials and labor costs of needed construction, reconstruction or major maintenance and repair shall be by mutual agreement of Owners and Tenant. The Tenant shall confer with the Owners annually on capital improvements needed for the Property as well as scheduling routine maintenance. d. Tenant shall be responsible for the spraying of weeds and any needed insect control on the cultivated portion of the Property. In using any herbicides or other materials to control noxious and toxic plants or using pesticides for the control of insects on the Property, the Tenant shall comply with all applicable federal, state, and local laws, RFP 7411 Dryland Wheat Agricultural Services Page 9 of 16