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HomeMy WebLinkAboutRFP - 9042 SOAPSTONE PRAIRIE NATURAL AREA GRAZING LEASEREQUEST FOR PROPOSAL 9042 SOAPSTONE PRAIRIE NATURAL AREA GRAZING LEASE The City of Fort Collins is requesting proposals from qualified Vendors to lease Soapstone Prairie Natural Area, consisting of approximately 22,500 acres of land, for livestock grazing for a period of 10 years beginning on January 1, 2021. As part of the City’s commitment to Sustainable Purchasing, proposals submission via email is preferred. Proposals shall be submitted in a single Microsoft Word or PDF file under 20MB and e-mailed to: purchasing@fcgov.com. If electing to submit a hard copy proposal we require one (1) hard copy and one (1) electronic copy on a jump drive to be received at the City of Fort Collins' Purchasing Division, 215 North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals must be received before 3:00 p.m. (our clock) on January 10, 2020 and referenced as Proposal No. 9042. 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. Please note, additional time is required for bids mailed to the PO Box to be received at the Purchasing Office. The City encourages all Disadvantaged Business Enterprises (DBEs) to submit proposals in response to all requests for proposals. No individual or business will be discriminated against on the grounds of race, color, sex, or national origin. It is the City’s policy to create a level playing field on which DBEs can compete fairly and to ensure nondiscrimination in the award and administration of all contracts. A MANDATORY pre-proposal conference and site visit with representatives of prospective Vendors will be held at 10:00 AM MST, on December 12, 2019, at Soapstone Prairie Natural Area, 22998 Rawhide Flats Rd, Wellington, CO 80549. All parties will meet in the south parking lot immediately west of the entrance station (gate house) which is approximately 3.5 miles north of the physical address above. Additional site maps will be provided on-site at the meeting. Vendors are encouraged to bring questions to this conference. All questions should be submitted, in writing via email, to Beth Diven, Buyer at bdiven@fcgov.com, with a copy to Project Manager, Matt Parker at mparker@fcgov.com, no later than 5:00 PM MST (our clock) on December 18, 2019. Please format your e-mail to include: RFP 9042 Soapstone Prairie Natural Area Grazing Lease in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by Bidnet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. This RFP has been posted utilizing the following Commodity Code(s): 944-19 Animal Farming and Ranching Services 944-54 Miscellaneous Farming Services 944-71 Ranching Services (not otherwise classified) Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 1 of 48 958-38 Farm Management Services (including dairy, pasture and range management) Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Vendors may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, the Vendor may redact text and/or data that it deems confidential or proprietary pursuant to CORA. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA trade secrets, confidential commercial and financial data information is not required to be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. All provisions of any contract resulting from this request for proposal will be public information. New Vendors: The City requires new Vendors receiving awards from the City to fill out and submit an IRS form W-9 and to register for Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit with your proposal. 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. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. The selected Vendor shall be expected to sign the City’s standard Agreement prior to commencing Services (see sample attached to this Proposal). Sincerely, Gerry Paul Purchasing Director RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 2 of 48 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins is requesting proposals from qualified Vendors to lease Soapstone Prairie Natural Area, consisting of approximately 22,500 acres of land, for livestock grazing for a period of 10 years beginning on January 1, 2021. B. Background Soapstone Prairie Natural Area (SPNA) is a City-owned property at the northern boundary of Larimer County, Colorado (see Attachment A – Vicinity Map). The entire property comprises approximately 22,500 acres of land. The City of Fort Collins Natural Areas Department (NAD) owns the property and operates under the following mission: The mission of the Natural Areas Department is to protect and enhance lands with existing or potential natural areas values, lands that serve as community separators, agricultural lands, and lands with scenic values. Protection of natural habitats and features is the highest priority, while providing for education and recreation for the Fort Collins community. More specific management of SPNA is guided by the Soapstone Prairie Natural Area Management Plan (available online at http://fcgov.com/naturalareas/pdf/soapstone- management-plan.pdf). The plan identifies “conservation targets,” or natural and cultural resources of the highest conservation value. This plan will be updated, likely in 2021, but will not substantially change in its direction or mission. The NAD believes that livestock grazing is a necessary and effective tool to aid in managing for conservation targets and is looking for a cooperator to manage grazing operations on the property. To date, under management of the NAD, grazing utilization has been capped at roughly 50%. Grazing will continue to be managed conservatively to ensure its use as a tool for improving conservation targets. Five of NAD’s conservation targets are directly related to, and influenced by, grazing management on the property. These conservation targets and grazing-related management goals are listed below (“Rare and threatened plants” conservation target changed to “Rare, endangered, and threatened species” in anticipation of upcoming change to management plan): • Shortgrass prairie o Natural Areas Department goal: Provide high quality habitat for grassland birds, black-tailed prairie dog communities, pronghorn and swift fox. o Grazing role: Livestock grazing can help the shortgrass prairie system by providing a diversity of grass structure, increasing health and vigor of plants, and helping incorporate seeds into the soil through hoof action. Providing a habitat mosaic, with patches of heavily grazed grasslands and patches of lightly grazed or un-grazed habitat, is essential for grassland wildlife species success. Over time, important components of the shortgrass plant community have been removed or reduced, such as fourwing saltbush, winterfat, and needlegrasses. Timing and duration of grazing can help these species return. RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 3 of 48 • Wetlands/Riparian systems o Natural Areas Department goal: Maintain or restore functioning riparian systems in order to provide high quality habitat for northern leopard frog, native fish, and birds of prey (see Birds of prey). o Grazing role: The wetlands and riparian areas on the ranch are highly productive and good sources of forage for livestock. They can benefit from livestock grazing by increasing plant vigor and helping open soils for seed germination (also see comments under Rare and threatened plants, below). However, there is also the potential that livestock can over-use riparian areas. Wetlands and riparian areas are key areas for management of Soapstone Prairie, and the Natural Areas staff would like to work with the tenant to ensure that livestock do not over-use and degrade these areas. • Rare, endangered, and threatened species o Natural Areas Department goal: Improve habitat for, and/or maintain or reintroduce appropriate rare, endangered, and threatened species.  Colorado butterfly and Rocky Mountain blazing star  Black-Footed Ferret – The NAD partnered with the US Fish and Wildlife Service (USFWS) and Colorado Parks and Wildlife (CPW) to reintroduce black-footed ferret to the Laramie Foothills ecosystem in 2014. Since then, NAD and USFWS have released additional ferrets and conducted annual population monitoring.  Fish – NAD has partnered with the Colorado Parks and Wildlife to reintroduce Northern Redbelly Dace and Plains Topminnow to Spottlewood Creek. NAD is continuing to acquire and document in- stream flows to support additional fish reintroductions.  American Bison partnership - The NAD partners with Colorado State University (CSU) and Larimer County Department of Natural Resources to provide grazing for and support of the Laramie Foothills Conservation Bison Herd (LFCBH). The LFCB herd is managed through the Animal Reproduction and Biotechnology Laboratory within CSU’s College of Veterinary Medicine & Biomedical Sciences. The herd is comprised of genetically valuable bison from the Greater Yellowstone ecosystem and is an important global natural resource. The herd currently utilizes 2,700 acres in 3 pastures in the southwest area of SPNA. o Grazing role: We believe these rare plants, which exist in wet meadows on SPNA, exist because of the historic grazing system where the meadows were grazed in late spring and/or fall. Grazing may be necessary to help create open soils for seed germination. Grazing, coupled with prescribed fire, can also be used to expand the extent of prairie dog colonies, therefore providing additional habitat for black-footed ferret. Additionally, appropriately managed grazing systems can provide conditions that promote invertebrate diversity along stream and creek edges, improving larval feeding resources for native fishes. • Foothills shrublands system o Natural Areas Department goal: Maintain high quality of foothills shrubland system. RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 4 of 48 o Grazing role: The mountain mahogany shrublands with a mixed grass understory can benefit from grazing through weed management efforts. While the NAD does extensive chemical, biological and mechanical weed control on the property, the timing and type of grazing can help reduce weeds. Dalmatian toadflax is a particular concern in this area. • Birds of prey o Natural Areas Department goal: Provide future nest locations for birds of prey. o Grazing role: Soapstone Prairie Natural Area is home to many raptors including golden eagles, ferruginous hawks, Swainson’s hawks, red-tailed hawks, prairie falcons and American kestrels. Big cottonwoods along riparian areas often serve as nest sites for these birds. Appropriate grazing management can help ensure recruitment of tree and shrub species to provide future nest locations for birds of prey. C. Resources • Land This property lies just east of the boundary between the plains and the Front Range. Moderately rugged hills and shallow canyons associated with the complex geology of this boundary are present in the western part of Soapstone Prairie, with the remainder consisting of the more subdued and generally eastward-sloping grasslands. Elevations range from approximately 5,820 feet on the southeast portion of the Round Butte Pasture to 7,201 feet at the summit of a ridge along the northwestern edge. • Vegetation Soapstone contains several high value vegetation complexes, which are generally associated with the area’s topography. The hills and canyon areas of the west side contain mountain mahogany shrublands with a mixed grass understory while the gentler eastern side supports shortgrass prairie, with blue grama being the most dominant forage species. Additionally, several wetland and riparian systems are present on the property, including wet meadows that contain populations of rare and threatened plants (Colorado butterfly plant, Rocky Mountain blazing star and pale blue-eyed grass). National Resource Conservation Service range health assessments indicate fair to good condition of the rangeland. The NAD will manage both vegetation and wildlife habitat with prescribed fire. Prescribed fires are typically 500-1500 acres in size (though it is possible larger fires may be conducted) and are timed to influence positive changes in vegetation composition or improve wildlife habitat. Natural Areas staff will communicate plans for prescribed burns with tenant. • Water A 2009 decree documents rights on Graves Creek Spring (northwest, northeast, and south), Spottlewood South Spring, Stateline East Spring, Brannigan, Central, Rawhide (south and central), Round Butte East, Mountain Dam Spring, Canyon West Spring, as well as Bear House Spring. Additionally, a series of wells are also adjudicated. All rights identify the beneficial use as watering of livestock. RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 5 of 48 • Wildlife These properties support a diverse array of wildlife species. Currently, approximately 1,000 acres of prairie dog colonies are present on the property. The grazing tenant should recognize that the NAD intends to manage prairie dog colonies as a critical component of a functioning grassland ecosystem. Prairie dog colonies and shortgrass prairie support a diverse bird community which includes a number of Species of Greatest Conservation Need, as identified by the Colorado Division of Wildlife. In 2014 the NAD, in cooperation with Colorado Parks and Wildlife, and the U.S. Fish and Wildlife Service reintroduced Black-footed ferret to Soapstone Prairie. Swift foxes have also been documented on the property. The entire eastern portion of the property provides excellent pronghorn habitat, and the western portion supports elk and mule deer. Several riparian and wetland systems provide extensive habitat, and numerous intermittent and ephemeral drainages also occur on the property. Public Recreation Tenants must be aware that grazing management needs to be accomplished with public use of the property in mind. Soapstone Prairie Natural Area opened to public recreation in the summer of 2009; the property contains two parking lots with associated picnic shelters and restrooms, trails and other visitor facilities. Visitor use is significantly higher on weekends and may fluctuate seasonally. Use is generally greater on the western portion of the property. Recreational uses include hiking, biking and horseback riding on designated trails only. Soapstone Prairie is open to hunting opportunities in the fall via a special permit application process. Recreational hunts will be managed to ensure limited impact to livestock. Visitors are not allowed to use motorized vehicles off the main access road between the parking lots. Dogs are not permitted on the property, with an exception for the grazing lessee as defined in the grazing lease contract. Research Natural Areas staff and researchers from other organizations will continue to use the property extensively for research and educational purposes. The NAD expects the grazing tenant, and representatives of the tenant, to interact positively and professionally with visitors and encourages tenant to actively participate in public education. Opportunities for volunteer involvement in ranching operations are also viewed positively by NAD. Infrastructure Fencing has been significantly modified or removed in the central and western portions of the property to accommodate public recreation including trails. In these areas historic pastures no longer exist, leaving one large pasture over 5,500 acres in size. The NAD is continually interested in opportunities to improve grazing management via improvements in fencing. Historic pastures remain intact on the remainder of the property and range in size from 200 acres to nearly 4,000 acres. Fence is generally barbed wire, with much of the fencing conforming to NRCS “wildlife-friendly” standards. Tenant may propose new fence location, either temporary or permanent, or other methods of livestock distribution. Pastures use a combination of surface water, solar-powered tanks, windmills, and spring tanks. See Attachment B for a map depicting location of fences and water infrastructure. RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 6 of 48 The headquarters in the northeast corner of the property contain corrals and holding pens. A second set of corrals is located at Soapstone Springs, in the central portion of the property. A third set of corrals are located in the eastern section of the Round Butte Pasture. House/ Caretaker A house is available for use by the grazing tenant at the headquarters in the northeast corner of the property. It is not required that the grazing tenant occupy this house. However, if lessee decides to use the house, the lessee or agent of the lessee may live in the house under the following conditions: • Lessee or agent of lessee may live rent free in exchange for the following caretaker/ site security activities: o Primary site security responsibility of the caretaker/ranch manager is awareness of prohibited activities and notification of Natural Areas Rangers and/or the Larimer County Sheriff. • Person(s) occupying the house and performing caretaker/ site security activities must meet the following requirements: o The caretaker/ranch manager position is a key component of the working relationship between the City and the grazing tenant. The City requires close cooperation with the tenant in the hiring of this position. o Able to understand and speak English in order to effectively communicate with Natural Areas staff and visitors o Physically able to perform caretaker/ site security activities o Clean background check, if requested by the City o At the discretion of the City of Fort Collins, an offer of employment may be extended to the caretaker/ranch manager for seasonal work that does not overlap with the grazing season and/or employment with the grazing association. Duties involved will be site security, routine livestock (bison) checks, general repair, etc. If you choose this option, lessee or agent of lessee must live in the house and serve this role year-round. You must indicate in your response if you wish to occupy the house and act as caretaker, and if so, identify the individual responsible for this role. A second house, known as the “Roman House” is located in the central portion of the property and is used by the NAD as a maintenance facility. This house is not available for use by the grazing tenant. Access Public access to SPNA is from Rawhide Flats Road, the northern extension of County Road 15. There is also an eastern access from the I-25 frontage road via Soapstone Ranch Road. However, this is a private access only, and if this access is used by tenant it should be for ranch related access only. Large stock trucks traveling to the majority of the property should access from the east. Public access to the headquarters is limited by one or more gates. RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 7 of 48 Grazing Management Soapstone Prairie Natural Area has historically been grazed by both sheep and cattle. Most recently it has been grazed by cow-calf pairs on the eastern and southern portions in a simple rotation system from June through November, and first year heifers in the Round Butte Pasture for the same period. Sheep had been historically grazed in the west/ northwest portions from June through September. If a proposal includes the grazing of sheep in the west/northwest portions, it is advisable to discuss potential disease communication mitigation efforts between domestic and wild sheep. Sheep and goats also present concern for disease transmission with the CSU managed bison herd grazing in adjacent or proximal pastures; a proposal of sheep and/or goats should address these concerns. Grazing animals can include cattle, sheep, bison, goats, and /or any other animal type that tenant demonstrates can effectively be managed to achieve conservation targets (combinations of grazing animals will be considered and are encouraged). The NAD is seeking innovative approaches to grazing management of the property. We generally support faster rotation, shorter grazing periods and extended rest periods, particularly in riparian and wetland areas and the steeper western side of the property. It is extremely important to note that stocking rates and rotation periods will be based on a mutual agreement between the NAD staff and the tenant and should take into consideration range and weather conditions. A more specific grazing plan will be developed as a cooperative effort between the tenant and NAD staff. The table below outlines grazing considerations from the NAD’s perspective. Be sure to outline your considerations in your proposal response. For the purposes of this lease, an animal unit (AU) shall be defined as follows: 1. A cow and un-weaned 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 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 NAD staff. The maximum AUM listed in the table refers to maximum Animal Unit Month (AUM) that may be grazed in each pasture. An animal unit month refers to the amount of forage or feed required by one animal unit for one month of grazing. RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 8 of 48 PASTURE (ACRES) WATER RESOURCES MAX AUM GRAZING CONSIDERATIONS Jack Springs (3882 acres) One tank, surface water 1,391 • Grazing pressure must be heavy in areas to provide short structure grass for nesting grassland birds (e.g., Mountain plover). • General focus should be on providing habitat mosaic (areas of heavy grazing as well as areas of light grazing). • Large prairie dog colonies may exist in this pasture (currently plagued out but likely to return and expand). • A portion of Spottlewood Creek is fenced with a 3-strand high tensile electric fence. It includes access points for livestock at 6 locations. This riparian pasture may be grazed as appropriate. Brannigan (3757 acres) Three spring tanks, surface water 1,006 • General focus should be on providing habitat mosaic (areas of heavy grazing as well as areas of light grazing). Meadow (693 acres) Surface water 198 • Rare plants exist in this pasture which must be grazed in spring or fall but not during bulk of growing season. State Line (613 acres) Tank 168 • General focus should be on providing habitat mosaic (areas of heavy grazing as well as areas of light grazing). HQ (217 acres) Springs/Surface water 111 • Rare plants exist in this pasture which must be grazed in spring or fall but not during bulk of growing season. LR/ East & West Canyon (8569 acres) 18 tanks (2 are windmill, rest are springs or piped from South Roman (720 acres) Two windmills 150 • General focus should be on providing habitat mosaic (areas of heavy grazing as well as areas of light grazing). Tree (343 acres) One windmill 70 • General focus should be on providing habitat mosaic (areas of heavy grazing as well as areas of light grazing). Bernard (1760 acres) One windmill, surface springs 420 • General focus should be on providing habitat mosaic (areas of heavy grazing as well as areas of light grazing). Round Butte (1349 acres) No reliable water source; in the past tenant has hauled water 130 • General focus should be on providing habitat mosaic (areas of heavy grazing as well as areas of light grazing). Total 5,187 II. SCOPE OF PROPOSAL A. Scope of Work • The NAD’s primary reason for grazing is to achieve ecological objectives. The tenant must be focused on helping achieve those objectives. Grazing tenant should expect continuous interactions with NAD staff. Grazing tenant should expect to be involved in on-going monitoring of vegetation conditions. Rotations and movement of livestock will be based on vegetation conditions, and tenant should allow flexibility to move animals at appropriate times. • Tenant should maintain records of number of animal units per day in each pasture. • Soapstone Prairie Natural Area is open to public recreation, and the grazing tenant is expected to have positive interactions with visitors. Tenant, and its representatives, should become familiar with, and adhere to site rules and regulations, as modified in coordination with NAD staff to allow for grazing management. Tenant should be aware that certain activities, such as riding ATVs to move livestock, detract from visitors’ experiences and should be minimized. • Tenant is responsible for routine maintenance of grazing infrastructure, including but not limited to fences, windmills, stock tanks, buried water pipe, pumps, corrals, etc. This includes filling tanks prior to grazing as well as draining tanks and water delivery systems in the fall. Depending on the nature of a maintenance issue, NAD may, at its sole discretion, pay for improvements and repairs, cost-share with tenant, etc. • Tenant has the option of occupying the house at the Headquarters, located in the northeast portion of the property and acting as caretaker. Regardless of whether or not tenant chooses this option, tenant is expected to be on site daily when livestock are present in order to provide care and oversight. • Extensive cultural resources exist on this property. Under no circumstances should the tenant remove them. B. Lease Term The lease will begin on January 1, 2021 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, 2031. C. Minimum Qualifications Multiple entities may cooperatively submit a proposal. However, one individual and/or entity must be designated as the primary point of contact and be the responsible party. This entity must have the ability to enter into a lease agreement with the City of Fort Collins. Vendors must have a demonstrated ability to provide stocking rates that will utilize roughly 30% - 70% of available grass annually. NAD estimates this to be 600 – 900 AUMs. D. Anticipated Schedule The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: November 26, 2019 • Pre-Proposal Meeting: 10:00 AM MST on December 12, 2019 • Question deadline: 5:00 PM MST on December 18, 2019 • Proposal due date: 3:00 MST (our clock) on January 10, 2020 • Interviews (tentative): End of January 2020 • Award of Contract (tentative): February-March 2020 • Start of Contract: January 1, 2021 E. Interviews In addition to submitting a written proposal, the top-rated Vendors may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company, approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. F. Subcontractors Vendors will be responsible for identifying any subcontractors in their proposal. Please note that the City will contract solely with the awarded Vendor; therefore subcontractors will be the responsibility of the Vendor. G. Proposal Format Please limit the total length of your proposal to a maximum of twenty-five (25) double sided or fifty (50) single sided 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Vendor Statement form). Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page. Please, no embedded documents. Proposals that do not conform to these requirements may be rejected. RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 11 of 48 H. Laws and Regulations The Vendor agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances. III. PROPOSAL SUBMITTAL For this section, Vendors are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Vendors propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. Responses must include all the items in the order listed below. It is suggested that the Vendors include each of the City’s questions with their response immediately following the question. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the grazing program offered, including a general description and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. B. Vendor Information 1. Describe the Vendor’s business and background 2. Number of years in the business 3. Details about ownership 4. An overview of services offered and qualifications 5. Size of the firm 6. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). Complete Section V, Vendor Statement. C. Vendor Qualifications & Resources Provide relevant information regarding previous experience related to this project, to include the following: 1. Describe the knowledge and experience you have in range management and/or livestock management. 2. Describe your operation and the resources you have available for grazing management (e.g., livestock – please be specific on animal type and number, personnel, equipment, etc). 3. Describe your financial resources: Do you have the financial resources to successfully continue or launch a grazing enterprise on Soapstone? If you do not currently have all necessary personnel, livestock, equipment, etc, what capital RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 12 of 48 investments will be needed? Where will the capital come from? Before final selection, proposers will be expected to supply proof that they have the financial capability to execute the proposal. 4. References (current contact name, current telephone number and email address) from at least two grazing projects. Provide a description of the work performed. The Vendor authorizes City to verify any and all information contained in the Vendor’s submittal from references contained herein and hereby releases all those concerned providing information as a reference from any liability in connection with any information they give. D. Scope of Proposal 1. Please explain your range management philosophy. What are your goals for grazing the property? How do you feel your management would help the NAD achieve our goals related to the conservation targets outlined above? 2. Provide an explanation of how you propose to manage livestock on the property. Include the number of animal units, how they will be distributed, and the approximate dates you plan to graze. Include a proposed rotation schedule for the first year of grazing. If you plan to combine or split pastures, note that as well. You can provide attachments, drawings, maps, etc. to your proposal to help explain intended plans if you wish. What services, changes in infrastructure, funds, and/or resources would you provide? What services, changes in infrastructure, funds, and/or resources would you expect the NAD to provide? 3. Specifically, how will you assist the NAD in appropriate management of wetland and riparian areas (for example, your response could include things such as temporary fence, riding to move cows, placement of salt and mineral blocks, etc.)? 4. How would Soapstone fit into your existing operation? For example, is Soapstone the only place you would anticipate grazing? Do you own or lease other land in the surrounding area? 5. Describe the interactions you anticipate having with NAD staff. 6. Soapstone Prairie Natural Area is open to public recreation. Describe the interactions you intend to have with visitors. For example, are you interested in providing educational opportunities to visitors or allowing volunteers to assist you in aspects of your operation? 7. Are there additional services you anticipate providing or ways that your proposed operation benefits the mission of the NAD that you would like the selection committee to consider? E. Northern Colorado Ranching Industry 1. Explain how your operation helps support the Northern Colorado ranching industry. F. Grazing Fee 1. Please provide your proposed grazing fee (you should break out the fee in terms of dollars per AUM, and also give a lump sum per year). RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 13 of 48 G. House/Caretaker 1. Do you or your agent wish to occupy the house at the Headquarters in the northeast portion of the property and perform caretaker duties? If yes, please provide the name of the individual performing this role. H. Additional Information Provide any information that distinguishes Vendor from its competition and any additional information applicable to this RFP that might be valuable in assessing Vendor’s proposal. Explain any concerns Vendor may have in maintaining objectivity in recommending the best solution. All potential conflicts of interest must be disclosed. Exceptions to the Scope of Services and City Agreement (a sample of which is attached in Section VI) shall be documented. IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Vendors will be evaluated on the following criteria. These criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated Vendors may be conducted. The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5 being an outstanding rating. WEIGHTING FACTOR QUALIFICATION STANDARD 4.0 Scope of Proposal Does the proposal show an understanding of conservation targets at Soapstone Prairie Natural Area and management objectives, and provide clear explanations of how management will effectively contribute to overall Natural Areas goals for the property? Does the proposal demonstrate that the respondent can produce the results that are desired from the project? 1.0 Qualifications & Resources Does the respondent have the knowledge and experience to fulfill the proposal and terms of the lease agreement? Do the persons who will be working on the project have the necessary skills? Are sufficient people of the requisite skills assigned to the project? Does the respondent have adequate resources to fulfill the proposal? 2.0 Assigned Personnel Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? 1.0 Northern Colorado Ranching Industry Does the respondent’s operation help support the Northern Colorado ranching industry? RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 14 of 48 1.0 Grazing Fee Does the proposed fee compare favorably with historical data and current market conditions? B. Reference Evaluation Criteria Prior to award, the Project Manager will check references using the following criteria. Negative responses from references may impact the award determination. CRITERIA STANDARD QUESTIONS Overall Performance Would you hire this Vendor again? Did they show the skills and resources required by this project? Timetable Was the Vendor timely in stocking, or destocking pastures as planned? Completeness Was the Vendor responsive to client needs; did the Vendor anticipate problems? Were problems solved quickly and effectively? Job Knowledge Was the Vendor knowledgeable of conservation values and did they demonstrate a cooperate ability to improve those values? Were problems corrected quickly and effectively? RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 15 of 48 V. VENDOR STATEMENT Vendor hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. Additionally, Vendor hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Vendor’s knowledge and belief. b. Vendor commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Vendor further agrees that the method of award is acceptable. e. Vendor also agrees to complete the proposed Agreement with the City of Fort Collins within 30 days of notice of award. If contract is not completed and signed within 30 days, City reserves the right to cancel and award to the next highest rated firm. f. Vendor acknowledge receipt of addenda. Legal Firm Name: Physical Address: Remit to Address: Phone: Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: VENDOR STATEMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 16 of 48 VI. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) SOAPSTONE PRAIRIE NATURAL AREA GRAZING LEASE AGREEMENT THIS GRAZING LEASE AGREEMENT (“Lease”), is made and entered into this day of , 20 , by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (hereinafter referred to as the “Lessor”), and , (hereinafter referred to as the “Lessee”). WITNESSETH WHEREAS, the Lessor is the owner of that certain real property, together with any improvements located thereon, situated in the County of Larimer, State of Colorado, consisting of approximately 22,497 acres of land, commonly known as the Soapstone Prairie Natural Area, the legal description of which is set forth in Exhibit "A" attached hereto and incorporated herein by reference (hereinafter referred to as "Leased Premises"); and WHEREAS, the Lessor desires to lease the Leased Premises to the Lessee for livestock grazing purposes only, and the Lessee desires to lease the Leased Premises from the Lessor for livestock grazing purposes only. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties do hereby covenant, promise, and agree to and with each other as follows: Article I. Lease of the Leased Premises. 1.1 The Lessor does hereby lease, demise, and let unto the Lessee, and the Lessee does hereby hire and take from the Lessor the Leased Premises. 1.2 This Lease includes all the grazing-related improvements located upon the Leased Premises including, but not limited to, the ranch headquarters facilities. 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. 1.2.1 Lessee may, but is not required to, authorize an employee of Lessee who is assigned to work on the Leased Premises to occupy of the ranch headquarters residence ("Residence") at no additional rent, subject to the Residence Lease terms listed in Exhibit "B", attached hereto and incorporated herein by reference. Lessee will notify Lessor at the commencement of this Lease whether Lessee intends to allow an employee to occupy the Residence, who that employee will RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 17 of 48 be, and must provide notification to the Lessor 30 days prior to a change in the occupancy of the Residence. 1.2.2 Lessor reserves the right to reject Lessee's proposed employee occupant of the Residence if the Lessor, in its sole discretion believes the employee will not be a suitable occupant. Any proposed occupant of the Residence must be willing to consent to a criminal background check. 1.2.3 If at any time Lessee has not designated an employee to live in the Residence, Lessor reserves the right to lease the Residence, for a time period in Lessor's discretion, to another tenant suitable to Lessor, which tenant will have access to the Residence on and across the Leased Premises via a route designated by Lessor. Lessor will notify Lessee of any such lease of the Residence. Article II. Term. 2.1 The term of this Lease is for a period of one (1) year, commencing on the 1st day of January 2021. The term of the Lease shall automatically renew each year for each of nine (9) additional successive years continuing until the 31st day of December 2030, 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 each year based upon the formula of a pre-determined dollar amount for each animal unit grazed each month upon the Leased Premises (animal unit month or AUM) per year. The dollar amount for each AUM will be based on the total number of animal units (AUs) grazed on the property, as defined in Section 3.2, below. The AUM fee will be adjusted upward as the total number of AUs increases. For the first one-year term of this Lease, the amount of rent will be as follows: • As an example, if Lessee grazes 800 AUs for four months, rent would be calculated as follows: (600 X 4 X 7.50) + (100 X 4 X 9.00) + (100 X 4 X 10.68) = $25,872. In addition, upon each annual renewal of this Lease, the Lessor may, in its discretion, increase the dollar amounts per AUM by an amount not to exceed the Denver Boulder Greeley CPIU. The allowable length of time to graze the property will be determined annually as outlined in article IV. The parties will determine the number of AUMs and the amount of rent 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 RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 18 of 48 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 un-weaned 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 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 Natural Resources Department, Attn: Natural Areas Financial Coordinator, Street, P.O. Box 580, Fort Collins, Colorado 80522, as the place for the making of rental payments. All such rent must be paid in current legal tender of the United States as the same is then by law constituted. If Lessor extends the time for the payment of any installment of rent or accepts any money other than of the kind herein specified, Lessor by doing so does not waive its right to insist on having all other payments of rent made in the manner and at the time herein specified. 3.4 Notwithstanding the foregoing provisions of this Article III, the Lessee agrees that if the Lessor determines that the grazing conditions of the Leased Premises warrant it, whether such conditions are caused by drought, pestilence, insect infestation or any other circumstance beyond Lessor's control, the Lessor may reduce the agreed upon number of AUMs per year to that number that Lessor determines is appropriate under the then- existing grazing conditions. In such event, Lessor agrees that Lessee's rental payment due in May or December shall be reduced in proportion to the reduction in AUMs per year. If favorable grazing conditions exist, and the Lessor determines that conservation RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 19 of 48 objectives will not be negatively impacted by additional grazing, the Lessor may increase the numbers of AUMs per year to a number that Lessor determines is appropriate under the then-existing grazing conditions. In such event, Lessee agrees that Lessee's rental payment due in May or December shall be increased in proportion to the increase 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. Range Management Advisory Committee and Conservation Programs. 4.1 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) development of an annual “Grazing Plan”; (b) recommendations to Lessor on grazing related issues; (c) assistance in creating a ranch improvement plan and schedule to help the Lessor address long-range planning issues; (d) assistance in development of land management practices in the areas of vegetative diversity, conservation of threatened and endangered species and noxious plant management; and (e) 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. 4.2 The Lessor reserves the right to identify additional conservation values that warrant additional management actions, e.g. using fence to control access to riparian areas, exclusion of or controlled access to areas of unique vegetation, or the permittance of prairie dog colonies to expand. Impacts of such management actions on the AUMs available to the Lessee will be identified via the Committee and adjustments made to total AUMs with Lessor reserving the right to make final decisions. 4.3 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, for the purpose of research 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. 4.4 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 may hire, at the Lessee's cost, a range management expert. RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 20 of 48 4.5 To support MSR range management and conservation efforts, the Lessor will hire at the Lessor’s cost a range management specialist. The Lessor reserves the right to have final say on amount of AU’s permitted on MSR and length of grazing season annually. 4.6 Prior to commencing livestock grazing on the Leased Premises, the Lessor’s range management expert shall submit a written report to the Lessee evaluating current range conditions and recommending a date to initiate livestock grazing (but not before May 15), and a draft Grazing Plan for Lessee’s review. Further written evaluations to the Lessee 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. 4.7 On or before December 31 of each year of the term of this Lease, the Lessor shall submit a preliminary report to the Lessee on the outcomes and results of the recommended 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 Lessee no later than March 1 of the succeeding year. Article V. Use of Leased Premises. 5.1 The Lessee may use the Leased Premises for livestock grazing purposes only, as outlined in Exhibit "C" attached hereto and incorporated herein by reference (hereinafter referred to as "Scope of Work"); except as otherwise provided in this Lease. The lease does not allow for feeding of livestock outside of the corrals, private or commercial recreational rights, hunting, shooting, trapping or poisoning of wildlife of any kind, or control of prairie dogs. All pets must be on a leash, caged or fenced, with the exception of two spayed 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 ATVs 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. Lessor will provide to Lessee on an annual basis maps and documents identifying the acceptable roads and routes that Lessee may use for travel with vehicles and ATVs. Lessor may update these maps and documents from time to time at Lessor's sole discretion, and any such updates shall be effective when delivered to the Lessee's President and/or the Ranch Manager in the manner described in Article XIX. 5.2 Grazing may begin with certain restrictions on June 1 of each year, and must end by November 15, unless moisture conditions and forage availability allow or require modification of time, dates, or stocking rates. If Lessor believes modification is necessary, RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 21 of 48 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. 5.3 Lessee and Lessor will annually work together in a collaborative effort to develop a "Grazing Plan" for the Leased Premise, which plan includes stocking rates, grazing initiation and ending dates, animal unit months for each pasture, and grazing rotation plans. If the parties have not developed a Grazing Plan for each year's grazing season by May 1 of that year, Lessor will determine the Grazing Plan for that year, and Lessee agrees to comply with it. 5.4 Lessee and Lessor will work in a collaborative effort to develop grant proposals to implement the grazing plan. Grant efforts may include payment or reimbursement for infrastructure costs, marketing programs, ecosystem service studies and/or other grazing related management activities. 5.5 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. 5.6 Lessee acknowledges that the Leased Premises is a City of Fort Collins Natural Area that is open to the public annually from March 1 through November 30. The Lessor reserves the right to open or close any portion of the Leased Premises to public use at any time during this Lease. Lessor will coordinate any modification to stocking rates, grazing dates, and grazing rotations with the Lessee. 5.7 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.4.7.1 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. 5.8 The Lessee must not permit or suffer the use of, or presence on, the Leased Premises by: (1) the general public, except for members of the public using the Soapstone Prairie Natural Area in accordance with the City of Fort Collins Code and Natural Areas regulations and policies, or by (2) any persons other than Lessee's employees or agents, who are permitted to occupy or use the Leased Premises only to the extent required to carry out the purposes of the Lease. 5.9 The Lessee is responsible for security activities on the Leased Premises, including but not limited to the following: • Answer visitors' questions about the natural area and natural areas rules and regulations if Lessee's employees are approached on Soapstone Prairie Natural Area. • Call for emergency response when necessary. RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 22 of 48 • Inspect fencing, gates, Roman House, Gate Station and other structures or areas prone to security breaches. • Report suspicious activity including suspicious vehicles, persons or activities on site, in prohibited areas or near site boundary (e.g., access roads). • If Lessee has an employee living in the Ranch Residence on the Leased Premises, provide after-hours contact and response to Fort Collins dispatch and emergency personnel. • If Lessee has an employee living in the Ranch Residence on the Leased Premises, provide surveillance of site including parking lots, gate security after hours on an occasional basis or as requested by staff. • Communicate promptly with appropriate authorities to request assistance or to report an incident when suspicious and/or illegal activity or security breech has occurred. This may include Natural Areas Rangers or other Natural Areas personnel, Larimer County Sheriff, Colorado Division of Wildlife or other appropriate authorities. Lessee's employees or agents may be required to complete a written statement. • Perform other related duties as requested on an occasional basis. ARTICLE VI. Maintenance and Repairs. The Lessee must maintain and keep in orderly condition and in a good state of repair all of the Leased Premises and all grazing-related improvements located thereon, whether existing as of the date of this Lease or added thereafter, including, but not limited to: boundary and interior fences and gates; all livestock watering facilities including but not limited to stock tanks, corrals; and any buildings Lessee uses constituting part of the ranch headquarters. Maintenance of watering facilities includes filling stock tanks prior to grazing activities and draining them, along with other water system infrastructure, upon completion of the grazing season. Lessee and Lessor will share maintenance responsibilities for buried water pipes and pumps. The Lessee is not responsible for maintenance or repair of public Natural Areas facilities. 6.1 The Lessee is only responsible for maintenance and repairs on cattle fences used in pastures utilized by Grazing association. The Lessee is not responsible for upkeep of infrastructure related to the bison herd unless separate compensation is agreed upon by the City of Fort Collins or CSU. The Lessee is only responsible for repairs that are ordinary and routine in nature and are within the skillset of the Cattle Ranch Manager. Lessee will promptly notify Lessor of needed maintenance and repairs to the Leased premises that are extraordinary or major in nature. (see also Article VII. Alterations and Improvements). The following repairs are considered extraordinary or major in nature: • Windmill Repair RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 23 of 48 • Solar panel repair/replacement • Submersible pump repair • Installation of poured concrete • Digging to a depth greater than 4 feet • Installing spring collectors or permanent stock tanks • Any work that is considered a skilled trade such as electrical, carpentry, interior plumbing. • Building new fence any distance greater than 100 yards. The following repairs are considered routine in nature: • Stock tank plumbing repair and install including poly, steel, PVC pipes and associated couplers, joints, valves. • Mixing ready-made concrete for posts. • All facets of fence repair/construction including building H-braces, driving t-posts, stretching wire, hammering nails etc. • Hanging steel gates • Building wire ranch gates 6.2 The Lessor is responsible for the reasonable cost of all materials necessary for both routine and extraordinary maintenance and repairs. Lessee is responsible for the costs of all labor for ordinary and routine maintenance and repairs unless otherwise agreed upon with the Lessor. For maintenance and repairs to the Leased Premises that are necessary and are extraordinary or major in nature, the Lessee is responsible for up to One Thousand Dollars ($1,000.00) in labor per month unless waived by the Lessor. This is calculated at a rate of $25 an/hour per person provided by the Lessee. Any additional labor is the Lessor's responsibility. 6.3 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. 6.4 The Lessee must keep the Leased Premises clean and in good sanitary condition, as RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 24 of 48 required by the statutes, ordinances, resolutions, and health, sanitary, and police regulations of the County of Larimer and State of Colorado. Any equipment, materials or supplies that Lessee brings onto the Leased Premises must be kept under cover (except large equipment such as vehicles and trailers) in a location acceptable to the Lessor and removed from the Leased Premises when no longer needed. Any trash, junked equipment or waste materials generated from Lessee's maintenance and repair activities on the Leased Premises must be stored under cover or removed promptly from the Leased Premises. The Lessee must neither permit nor suffer a disorderly noise or nuisance whatsoever about the Leased Premises having any tendency to annoy or disturb any persons occupying adjacent land. The Lessee shall neither hold nor attempt to hold the Lessor liable for any injury or damage, either approximate or remote, occasioned through or caused by any maintenance, alterations, or repairs made by the Lessee upon or to the Leased Premises or the improvements located thereon. 6.5 If the Lessee fails to perform any maintenance or make any repairs required of it to be made under this Lease, the Lessor may, but is not required to, make such maintenance and repairs on the Lessee's account, and the Lessor may add its costs and expenses for such repairs or replacements as additional rent due to the Lessor under this Lease. Lessee will then pay such amount to the Lessor within thirty (30) days after receiving written notice from the Lessor of the costs and expenses paid by the Lessor for such maintenance and repairs. ARTICLE VII. Alterations and Improvements. 7.1 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 VI, the Lessee will be responsible for the cost of such additions and improvements unless the parties agree to a cost-sharing arrangement. 7.2 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. 7.3 The Lessee is responsible for construction and maintenance of any temporary fencing necessary to exclude livestock from an area 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 enclosures, and such enclosures will be Lessor's property. Responsibility for the costs of constructing and maintaining temporary RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 25 of 48 fencing for rotational grazing, and ownership of such fencing, will be determined between the parties on a case-by-case basis. 7.4 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. 7.5 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 VIII Covenant of Title and Quiet Enjoyment 8.1 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 IX. Insurance. 9.1 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. 9.2 The Lessee, at its sole cost and expense, "procure, pay for, and keep in full force and effect a comprehensive policy of general liability insurance covering the Leased Premises and insuring the Lessee in an amount not less than One Million Dollars ($1,000,000.00) covering bodily injury, including death to persons, personal injury, and property damage liability arising out of a single occurrence. Such coverage must include, without limitation, the insured's' liability for property damage, bodily injuries, and death of persons in connection with the operation, maintenance, or use of the Leased Premises (including acts or omissions of the Lessee or of its officers, employees, or agents), liability arising out of lawsuits related to employment contracts RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 26 of 48 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. 9.3 All policies of insurance carried by the Lessee must name the Lessee as an insured and name the Lessor as an additional insured on the policy. The policy or policies must contain a provision that the policy or policies cannot be canceled or materially altered either by the insured or the insurance company until fifteen (15) days prior written notice thereof is given to the Lessor. Upon issuance or renewal of any such insurance policy, the Lessee must furnish a certified copy or duplicate original of such policy or renewal thereof with proof of premium payment to the Lessor. Any such policy must contain waivers of subrogation and waivers of any defense based on invalidity arising from any act or omission of any assignees or subleases of the Lessee. 9.4 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. 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 X. Utilities. [This Article intentionally omitted.] ARTICLE XI. Signs. 11.1 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. RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 27 of 48 ARTICLE XII. Subletting and Assignment. 12.1 The Lessee may not assign this Lease, any interest or a part thereof, any right or privilege appurtenant thereto, nor mortgage or hypothecate the leasehold without the prior written consent of the Lessor. Lessor's consent to one assignment or hypothecation shall not be construed as a consent to any subsequent assignment or hypothecation; and it is hereby mutually covenanted and agreed that, unless such written consent has been obtained, any assignment or transfer or attempted assignment or transfer of this Lease or any interest therein or hypothecation either by the voluntary or the involuntary act of the Lessee or by operation of law or otherwise, shall, at the option of the Lessor, terminate this Lease; and any such purported assignment or transfer without such consent will be null and void. The Lessor's consent to any such assignment does not relieve the Lessee from any obligation under this Lease unless the Lessor expressly agrees in writing to relieve the Lessee from such obligation. 12.2 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. 12.3 The above notwithstanding, Lessee is responsible for arranging either a grazing sublease or grazing services contract with a firm acceptable to Lessor that is capable of providing grazing on the Leased Premises (the" Grazing Contractor"). 12.3.1 The Lessee and Grazing Contractor will enter into a sublease agreement or services contract in a form acceptable to the Lessor (the "Sublease or Contract"). The Sublease or Contract must require the Grazing Contractor to comply with and be bound by the following provisions of this Lease: • Sections 5.1, 5.5, 5.6, 5.7 and 5.8 regarding use of the Leased Premises; • Section 6.5 regarding maintenance of the premises; • Sections 7.1, 7.2, and 7.4 regarding alterations and improvements; • Article IX regarding insurance; • Article XI regarding signs; • Article XIII regarding mechanics liens; • Article XV regarding total or partial destruction; • Article XIX regarding holding the Lessor harmless; RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 28 of 48 • Article XXI regarding Hazardous Materials; • Article XXIII regarding access and use by Lessor; • Article XXV regarding the "as-is" nature of the Leased Premises. 12.3.2 The Grazing Contractor must graze a minimum of 100 AUs but no more than 200 AUs unless otherwise agreed by the Lessor. The AUs grazed by the Grazing Contractor will not count towards the Lessee's AUs. The Lessee will not charge rent for contracted or sublet grazing pursuant to the Sublease or Contract unless otherwise directed or agreed to by the Lessor. The "Grazing Plan" outlined in paragraph 4.3 above will include objectives and requirements for the Grazing Contractor. ARTICLE XIII. Mechanic's Liens. 13.1 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 XIV. Condemnation 14.1 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 RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 29 of 48 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. 14.2 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. 14.3 All damages awarded for any taking described in this Article are the property of the Lessor. ARTICLE XV. Total or Partial Destruction. 15.1 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. 15.2 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 XVI. Holding Over. 16.1 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 XVII. Default of Lessee. 18.1 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 RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 30 of 48 amounts required to be paid hereunder and such default continues for three (3) business 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 five (5) business days after the Lessee receives written notice from the Lessor specifying such neglect or failure (or Lessee fails to begin such cure within said five (5) 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 five (5) 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. A. Alternatively, the Lessor may elect if an event of default occurs not to terminate this Lease, but the Lessor will still have the right to elect to retake exclusive possession of the Leased Premises by evicting the Lessee if the Lessee has not otherwise abandoned the Leased Premises. In the event the Lessor elects to so take exclusive possession, the Lessee will not be relieved of its obligations and liabilities under the Lease, all of which will survive such repossession. In the event of such repossession, the Lessee must pay to the Lessor as current liquidated damages: 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, RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 31 of 48 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 XVIII. Attorney’s Fees. 18.1 The Lessee agrees to pay and indemnify the Lessor against all legal costs and charges, including attorney’s 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 XIX. Lessee to Save Lessor Harmless. 19.1 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 attorney’s 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 seq.) and to any other defenses, immunities, and limitations to liability available to the Lessor, and its officers and RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 32 of 48 employees, under the law. ARTICLE XX. Notices. 20.1 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: City of Fort Collins Natural Areas - Natural Resources Department Attn: Natural Resources Director P.O. Box 580 Fort Collins, CO 80522 With a copy to: City of Fort Collins – Purchasing Department Attn: Purchasing Director P.O. Box 580 Fort Collins, CO 80522 If to the Lessee: Attn: ARTICLE XXI. Hazardous Material. 21.1 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. RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 33 of 48 Section 6991). 21.2 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. ARTICLE XXII. Time of the Essence. 22.1 Time is of the essence of this Lease Agreement and each and every provision hereof. ARTICLE XXIII. Access and Use By Lessor. 23.1 The Lessor, and its officers, employees, and any other person properly authorized by the Lessor, including members of the public, shall at all times retain the right to enter upon and use the Leased Premises for any purpose. Lessee understands and agrees that RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 34 of 48 Lessor is pursuing a partnership in which genetically pure and brucellosis-free bison may in the future be located on a portion of the Leased Premises. Lessor would coordinate such bison-grazing activity with Lessee through development of the Grazing Plan, and Lessee would have no responsibility or liability for activities or costs associated with such bison grazing unless otherwise agreed to by the parties. ARTICLE XXIV. Education. 24.1 The Lessee or appropriate employee of the Lessee will participate in education and outreach programs on an annual basis as outlined in Exhibit "C". The Lessee's participation will include discussions of ranching heritage, ranch management, and ecological services provided by ranches and livestock. ARTICLE XXV. "AS-IS" Nature of Leased Premises. 25.1 The Lessee acknowledges and agrees that the Lessor has not made, does not make, and specifica11y 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 'hot made any independent investigation or verification of such information and makes no representations as to the RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 35 of 48 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 XXVI. General Provisions. 26.1 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. 26.2 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. 26.3 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. 26.4 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. 26.5 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. 26.6 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, a partnership or a joint venture between the parties, or an employment relationship 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. 26.7 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 RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 36 of 48 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. 26.8 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. 26.9 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. 26.10 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. 26.11 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. 26.12 The Lessee, upon the expiration or termination of this Lease, either by lapse of term or otherwise, agrees to peacefully surrender to the Lessor the Leased Premises, including the improvements located thereon together with any alterations, additions, and changes made to such improvements by the Lessee during the term of this Lease Agreement, in good repair, as hereinabove provided, except for acts of God, ordinary wear, and damage by fire or other casualty not caused by the negligence of the Lessee or anyone under the Lessee's control. 26.13 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. 26.14 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. 26.15 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. 26.16 The parties acknowledge that certain items of personal property may now be located on RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 37 of 48 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. 26.17 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. 26.18 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 agreed upon. 26.19 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. RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 38 of 48 IN WITNESS WHEREOF the parties hereto have caused this Lease Agreement to be executed the day and year first above written. THE CITY OF FORT COLLINS, COLORADO, A Municipal Corporation By: _____________________________ Darin A. Atteberry, City Manager ATTEST: _________________________ City Clerk APPROVED AS TO FORM: _________________________ Assistant City Attorney LESSEE: By: ____________________________________ Printed: RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 39 of 48 EXHIBIT "A" Legal Description of Leased Premises on Soapstone Prairie Natural Area Township 11 North, Range 68 West of the 6th P.M., Larimer County, CO Section 4: ALL Section 5: ALL Section 6: ALL Section 19: ALL Township 12 North, Range 68 West of the 6th P.M., Larimer County, CO Section 19: All in State of Colorado Section 20: All in State of Colorado Section 21: All in State of Colorado Section 28: ALL Section 29: ALL Section 30: ALL Section 31: ALL Section 32: ALL Section 33: ALL Township 11 North, Range 69 West of the 6th P.M., Larimer County, CO Section 1: ALL Section 2: ALL Section 3: ALL Section 4: SW ¼ of NW ¼, S ½, NE ¼ Section 10: ALL Section 11: SW ¼, N ½ of SE ¼, S ½ of NW ¼, W ½ of NE ¼, A PORTION OF THE E 1/2 OF THE NE 1/4 BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SE CORNER OF THE E 1/2 OF THE NE 1/4 OF SAID SECTION 11; THENCE N 01° 13' 41" W, ALONG THE EAST LINE OF SECTION 11, A DISTANCE OF 485.68 FEET TO A POINT; THENCE N 54° 15' 46" W, A DISTANCE OF 211.52 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, THE RADIUS OF SAID CURVE BEING 470.00 FEET, THE CENTRAL ANGLE OF SAID CURVE BEING 22° 06' 28", THE CHORD OF SAID CURVE BEARS N 43° 12' 32" W, A DISTANCE OF 180.23 FEET, THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 181.35 FEET TO A POINT; THENCE N 32° 09' 18" W, A DISTANCE OF 262.96 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, THE RADIUS OF SAID CURVE BEING 530.00 FEET, THE CENTRAL ANGLE OF SAID CURVE BEING 12° 44' 34", THE CHORD OF SAID CURVE BEARS N 38° 31' 35" WA DISTANCE OF 117.63 FEET, THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 117.87 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THE RADIUS OF SAID CURVE BEING 470.00 FEET, THE CENTRAL ANGLE OF SAID CURVE BEING 43° 30' 56", THE CHORD OF SAID CURVE BEARS N 23° 08' 24" W, A DISTANCE OF 348.44 FEET, THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 356.96 FEET TO A POINT; THENCE N 01° 22' 56" W, A DISTANCE OF 891.51 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, THE RADIUS OF SAID RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 40 of 48 CURVE, BEING 530.00 FEET, THE CENTRAL ANGLE OF SAID CURVE BEING 11° 05' 14", THE CHORD OF SAID CURVE BEARS N 06° 55' 33" WA DISTANCE OF 102.40 FEET, THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 102.56 FEET TO A POINT; THENCE N 12° 28' 10" W, A DISANCE OF 270.73 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, THE RADIUS OF SAID CURVE BEING 530.00 FEET, THE CENTRAL ANGLE OF SAID CURVE BEING 04° 44' 56", THE CHORD OF SAID CURVE BEARS N 14° 50' '38" WA DISTANCE OF 43.92 FEET, THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 43.93 FEET TO A POINT ON THE NORTH LINE OF THE E 1/2 OF THE NE 1/4 OF SECTION 11; THENCE WESTERLY ALONG SAID NORTH LINE 618 FEET, MORE OR LESS, TO THE NW CORNER OF THEE 1/2 OF THE NE 1/4 OF SAID SECTION 11; THENCE SOUTHERLY ALONG THE WEST LINE OF THE E 1/2 OF THE NE 1/4 OF SAID SECTION 11, 2676 FEET, MORE OR LESS, TO THE SW CORNER OF THE E 1/2 OF THE NE 1/4 OF SAID SECTION 11; THENCE EASTERLY ALONG THE SOUTH LINE OF THEE 1/2 OF THE NE 1/4 OF SAID SECTION 11, 1320 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. Section 13: NE ¼, SE ¼, SW ¼, West ½ of NW ¼ Section 14: NW ¼, NE ¼, SE ¼ Section 15: NE ¼, North ¼ of NW ¼ Section 23: NE ¼, N ½ of SE ¼ Section 24: East ½ of NW ¼, NE ¼, N ½ of SE ¼, NE ¼ of SW ¼ Township 12 North, Range 69 West of the 6th P.M., Larimer County, CO Section 20: All in State of Colorado Section 21: All in State of Colorado Section 22: All in State of Colorado Section 23: All in State of Colorado Section 24: All in State of Colorado Section 25: ALL Section 26: ALL Section 27: ALL Section 28: ALL Section 29: ALL Section 32: ALL Section 33: ALL Section 34: ALL Section 35: ALL Section 36: ALL RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 41 of 48 EXHIBIT "B" Lease Provisions for Employee Occupancy of Ranch Residence Should Lessee choose to allow an employee of Lessee to occupy the Ranch Residence located on the Leased Premises, the following terms and conditions will apply. 1. Definitions. As used in this Exhibit B, "Residence" refers to the house and any associated facilities located on the Leased Premises, as shown on Attachment 1. "Occupant" refers to an employee of Lessee authorized by Lessee to occupy the Residence. 2. Occupancy Contingent on Employment. Occupant’s right to live in the Residence is contingent upon Occupant's continued employment as an agent of the Lessee assigned to Soapstone Prairie. Lessee will require Occupant to vacate the Residence if Occupant is no longer in this designated employment position, for whatever reason, within thirty (30) days from the date of the change in employment status. 3. Termination. Upon termination of occupancy of the Residence for any reason, Lessee must remove or ensure that Occupant removes all personal property or improvements not owned by Lessor. If Lessee fails to remove said personal property before vacating the Residence, the Lessee hereby grants the Lessor the absolute right to keep, convey, destroy, or otherwise dispose of such property in any manner Lessor chooses, and Lessee agrees to pay any net costs incurred by Lessor in doing so, within ten (10) days of receipt of Lessor's statement of costs therefor. 4. Permissible Use of Residence. Lessee agrees to use and occupy the Residence only for the purpose of residential housing and for no other purpose whatsoever without the prior written consent of the Lessor. 5. Repairs and Maintenance. (a) The Lessee must, during any term of occupancy by an Occupant and at its sole expense, keep the Residence in a clean, orderly and safe condition, and free of litter, debris, and any unsightly or dangerous condition as required by the ordinances, resolutions, statutes and health, sanitary and police regulations of Larimer County and the State of Colorado, and applicable laws and policies of the City of Port Collins. Lessee must not store or permit the storage of any inoperable vehicles outside of the buildings on the Leased Premises. (b) The Lessor, during the term of the Lease, shall keep and maintain the Residence, 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 responsible for heating system maintenance and repair. Any repairs, other than normal wear and tear, required because of damage caused by the Lessee or Occupant will be the responsibility of the lessee. RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 42 of 48 (c) The Lessee must, upon termination of any occupancy by an Occupant, restore the Residence to as good or better condition as it was in at the time the Occupant first occupied the Residence. 6. Conduct. (a) Pets: Occupant is allowed to keep the following pets. • Dogs: Occupant is allowed to keep up to four (4) dogs at the Residence, so long as those dogs are working animals that assist Occupant in his work for Lessee and are not allowed to roam at-large on the surrounding Soapstone Prairie Natural Area. Occupant is only allowed to keep up two dogs if they are considered Pets. All Dogs must be on a leash or under voice command if they are to be allowed outside of a fenced yard. All dogs must have current Rabies and Distemper Vaccinations. Dogs found to be aggressive or otherwise dangerous to visitors will not be permitted. • Cats: No more than two (2) cats may be kept as barn cats, which must be spayed or neutered. Cat are not allowed to be kept inside the residence. • Horses: Occupant may keep up to four (4) horses in the corrals adjacent to the Residence, provided such horses are working animals used in Lessee's work on the Leased Premises. • Cows: up to six (6) pairs. Additional cows can be discussed with the Lessor. • Any additional pets or working animals require the prior written consent of the Lessor. Since these pets are kept in conjunction with the Occupant's responsibilities as an employee of the Lessee, Lessee may determine the extent to which the Occupant may make use of facilities (barns, outbuildings, corrals, etc.) on the Leased Premises that are not part of the Residence for housing such pets. Animals not belonging to Lessee or Occupant may not be kept or boarded at the Residence. Dogs, cats and horses may not be bred on the Leased Premises. If hay is to be fed to animals, Occupant must feed certified weed free hay. (b) Smoking: The Residence is rented as smoke-free and Lessee agrees not to permit smoking in or near the Residence and to ensure that Occupant's guests adhere to the non-- smoking policy. 7. Utilities. The Lessee is responsible for ensuring the payment of all utilities, including, but not limited to, electricity, water, sewer, trash services, cable services and phone services occasioned by Occupant's use of the Residence. Under no circumstances may anyone bum of trash on the Premises. 8. Right of Inspection. The Lessor has the right at all reasonable times to enter the Residence for the purpose of inspecting the Residence and all buildings, grounds and improvements thereof. The Lessor will notify the Lessee orally or in writing in any reasonable manner at least twenty-four (24) hours prior to such visit. This notice requirement does not apply in the event of an emergency reasonably requiring Lessor access to the Residence. RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 43 of 48 9. Total or Partial Destruction. If the Residence or any part thereof is destroyed or so damaged by fire or other casualty as to become untenantable, then, at the option of the Lessor, Lessee’s right to use the Residence will cease; and the Lessee must immediately surrender the Residence and its interest therein to the Lessor; provided, however, that the Lessor must exercise such option to so terminate Lessee's right to use the Residence by notice in writing delivered to the Lessee within thirty (30) days after such damage or destruction. Or, the Lessor may elect to repair the Residence, in which case Lessor will do so with all reasonable speed, placing the same in as good a condition as it was at the time of the damage or destruction and for that purpose may enter upon the Residence. In either event, the Lessee must remove all rubbish, debris, furniture, furnishings, equipment and other items of personal property within five (5) days after request being made by the Lessor. If the Residence is only slightly injured by fire or the elements so as to not render the same untenantable and unfit for occupancy, then the Lessor will repair the same with all reasonable speed. The Lessee and any Occupant of the Residence through Lessee will have no claim for compensation or otherwise against the Lessor because of any inconvenience or annoyance arising from the necessity of repairing any portion of the Residence, however the necessity may occur. 10. Insurance. Lessee may provide or ensure that any Occupant of the Residence procures, pays for and keeps in full force and effect a policy of renter's property insurance covering all of the Lessee's and Occupant's equipment, appliances, furniture, furnishings and personal property from time to time in, on or at the Residence. If neither Lessee nor Occupant procures renter's insurance as described above, the City will not be responsible for any uninsured loss of property belonging to Lessee or Occupant and kept at the residence, and Lessee will indemnify and hold the City harmless against any claims for such loss. 11. Indemnification. Lessee agrees to indemnify and hold harmless the Lessor against all damages, claims, liabilities for injury or damage to person, property or whenever and by whomever brought and causes of action arising from or in any way relating to the Occupant's possession or use of the Residence. Attachments: 1. Residence 2. Lead-Based Paint Disclosure RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 44 of 48 Attachment 1 – Residence RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 45 of 48 Attachment 2 - Lead Based Paint Disclosure RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 46 of 48 TS14 TS7 TS14 TS230 TS52 TS66 TS34 TS72 ¤£287 ¤£287 ¤£85 ¤£36 ¤£34 ¤£85 ¤£287 ¤£34 ¤£85 ¦¨§76 ¦¨§25 ¦¨§80 GGrraanndd BBoouullddeerr LLaarriimmeerr WWeelldd LLaarraammiiee GGoosshheenn PPllaattttee AAllbbaannyy RRoocckkyy MMoouunnttaaiinn Nat'lPark Nat'l Park PPaawwnneeee NNaattiioonnaall GGrraassssllaannddss Loveland Longmont Greeley BBoouullddeerr FortCollins Fort Collins CChheeyyeennnnee CCoolloorraaddoo WWyyoommiinngg ATTACHMENT A - Vicinity Map RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 47 of 48 op op op op op op op op op op op op op op op op op op op op op op op op op op op op op op op op op op op op op op Copyright:© 2013 National Geographic Society, i-cubed . 0 0.5 1 2 Miles ATTACHMENT B - Soapstone Prairie Natural Area 2019 Meadow Brannigan Stateline Jack Springs Canyon LR North Bison Bison Tree Round Butte Brannigan West Legend Roads ROAD_CLASS Public Access Primary Maintenance ATV and UTV Access No Access Fence Lines FEAT_TYPE op Stock tank Natural Areas NA_NAME BIG HOLE OPEN SPACE RED MOUNTAIN OPEN SPACE SOAPSTONE PRAIRIE NATURAL AREA 3,786 ac. 3,882 ac. 694 ac. 614 ac. 1,612 ac. 1,700 ac. 500 ac. 500 ac. 2,112 ac. 5,754 ac. 700 ac. 225 ac. Graves 220 ac. RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 48 of 48 RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 10 of 48 Cedar Canyon) 1,543 • The traditional pasture boundaries and fences have been extensively modified or removed to accommodate trails for public recreation. If your proposed grazing animal in this area requires additional fencing, include this information in proposal. • Grazing will need to avoid damage to public facilities (restrooms, picnic shelters, etc). • General focus in the shortgrass should be on providing habitat mosaic (areas of heavy grazing as well as areas of light grazing). • Focus of grazing in the mountain mahogany shrublands should be on weed control, especially for Dalmatian toadflax. RFP 9042 Soapstone Prairie Natural Area Grazing Lease Page 9 of 48