HomeMy WebLinkAbout2014 Ordinance No. 020•
ORDINANCE NO . .LJ.1}
SERIES OF 2014
BY AUTIIORITY
COUNCIL BILL NO. 21
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE AUTHORIZING A FARM LEASE FOR THE FARM IN THE
LITILETON/ENGLEWOOD WASTEWATER TREATMENT PLANT BIOSOLIDS
MANAGEMENT PROGRAM.
WHEREAS, the Cities of Littleton and Englewood jointly own properties near Byers, Colorado
and Bennett, Colorado which are used for the Littleton/Englewood Wastewater Treatment Plant
(LIE WWTP) Biosolids Management Program; and
WHEREAS, this Program uses dryland farm property for long-term applications of domestic
wastewater biosolids generated by the (I.IE WWTP); and
WHEREAS, this leased parcel was managed by James Burnet, who recently passed away and
his son is willing to take over the existing lease for the remainder of the agreement period; and
WHEREAS, this lease replaces and supersedes the prior lease agreement commence on January
-1, 2014 and is for a term of one (1) year, renewable for one additional year; and
WHEREAS, the IJE WWTP Supervisory Committee approved this lease with Clint A Burnet
at their December 19, 2013 meeting; and
WHEREAS, the City of Littleton approved the lease to Clint A Burnet on March 4, 2014.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIIE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood hereby authorizes a "Farm Lease"
between Clint A Bum.et and the Cities of Littleton and Englewood commencing on January 1,
2014, for a term of one (1) year, renewable for one (1) year, ending on December 31, 2015;
attached hereto as Exhibit A
Section 2. The Mayor is hereby authorized to sign the Farm Lease Agreement for and on
behalf of the City of Englewood.
Introduced, read in full, and passed on first reading on the 71JJ day of April, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 11th day of
April, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 91JJ day of
April, 2014 for thirty (30) days.
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Read by title and passed on final reading on the 21st day of April, 2014.
Published by title in the City's official newspaper as Ordinance No.,,,t~ Series of 2014, on
the 25th day of April, 2014.
Published by title on the City's official website beginning on the 23rd day of
April, 2014 for thirty (30) days.
I, Loucrishia A Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
title as Ordinance No. gg_, Series of 2014.
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ope ID: 67158F2E-FFFB-483A-967B-33C437E29ECE
FARMLEASE
THIS LEASE is dated as of March 4 , 2014, and is made and entered into by
and between the Cities of Littleton and Englewood, collectively referred to hereinafter as
"Lessor", and Clint A. Burnet, referred to hereinafter as "Lessees". On this date, Lessor has
leased to the Lessees the following described premises situated in the County of Arapahoe, State
of Colorado, to wit:
That tract ofland described as the S/2 of Section 23, except the W 40 feet deeded in Book 636 at
Page 9, and the SW/4 of Section 24, all in Township S South; Range 63 West of the 6thP.M.,
containing 477.5 acres, more or less,
together with all buildings and improvements on the premises (hereinafter referred to as the
"Leased Property") in accordance with the following terms:
1. This lease replaces and supersedes in its entirety, any prior lease agreement
between the parties. This lease shall be for the term of one {1) year, renewable annually for
one (l) additional year commencing on January 1, 2014, at the rent of $8.00 (Eight dollars)
per acre per year on fannable acres on the Leased Property (477.Sacres) for a total annual
lease payment of $3,820.00.
2. The lease payment is to be made payable to the order of:
Littleton/Englewood WWTP
and delivered to:
Littleton/Englewood WWTP
c/o Treatment Division Manager
2900 South Platte River Drive
Englewood, CO 80110
by December 31 (following the harvest) of e,ich year that this lease is in effect.
3. Lessees shall thoroughly plow. cultivate and farm in accordance with good farming
practices, all lands comprising the Leased Property that are not in grass, fallowed by mutual
agreement of the parties, or otherwise unfannable.
4. Lessees shall use the Leased Property as a dryland farm and for no other purpose
whatsoever, and especially will not let or permit the Leased Property to be used for any other
business or pwpose whatsoever.
5. Lessees shall be respoDSJole for all costs and expenses associated with use of the
Leased Property as a dryland farm, except that Lessor, at its own cost and expense, shall be
responsible for furnishing, transporting, and applying all fertilizer, in the form of biosolids, to the
Leased Property.
Littleton/Englewood WWTP Farm Lease -Clint Burnet Fann 2014 Pagel of 4
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DocuSlgn Envelope ID: 67158F2E-FFFB-4B3A-987B-33C437E29ECE
6. All fertilizer to be used on the Leased Property shall be transported, furnished. and
applied by Lessor at such times and at agronomic rates as determined by Lessor. Lessees shall
not apply any fertilizer on the Leased Property without the prior written consent of Lessor.
Lessor may use a portion of the Leased Property for staging areas for biosolids application.
Staging area size and location will be as determined by Lessor.
7. Lessees shall not assign this lease, sublet_ or relinquish the Leased Property, under
the penalty of a forfeiture of all the rights of the Lessees under or by virtue of this lease, at the
election of the Lessor.
8. Lessees shall protect the Leased Property, including buildings, gates, fences,
shrubbery, and improvements thereon from all damages and shall keep the same in the same
condition as they are now in, or may be at any time placed in by the Lessor, subject to normal
wear and tear. Lessees shall do no act whereby any insurance on buildings may be
invalidated and shall not remove, or allow any other person to remove, from the Leased
Property any of the buildings, gates, fences, shrubbery, and improvements of any kind.
9. Lessees shall not run furrows so as to cause ditches to wash the Leased Property,
unless first having a written consent of the Lessor. Lessees shall clean out and maintain in
good repair, during the operation of this Lease, all ditches belonging or appertaining to the
Leased Property.
10. Lessees shall well and seasonably put in and tend to the crops grown on the
Leased Property, shall have all small grain harvested and threshed by October 1 of each year;
and if not harvested and threshed as stated, the Lessor may proceed to do so after ten (10)
days notice to the Lessee, and take enough of the Lessee's grain to pay expense of such
harvesting or threshing.
11. Lessees shall accept Ute fences upon said Leased Property as they are now
existing.
12. Lessees shall, at the expiration of this Lease, or upon a breach by the Lessees of
any of the covenants herein contained, without further notice of any kind, quit and surrender
the possession and occupancy of Leased Property in as good condition as careful use and
natural wear and tear thereof will permit.
13. All goods and chattels, or any other property use4 or kept on the Leased Property,
shall be held for the rent or damages under this Lease, whether exempt from execution or not,
meaning or intending hereby to give the Lessor a valid and first lien upon any and all goods
and chattels, crops and other property belonging to the Lessees.
14. Lessees shall cultivate around any structures or facilities constructed by Lessor and
where applicable, and sbail not impair or hinder, but shall cooperate with Lessor in the use of
domestic wastewater biosolids application on the Leased Property.
15. The Lessor reserves the right to cancel the lease during its term for any of the
following reasons: a) if the Lessees should take any action or fail to take any action that
threatens the Lessor's interest in the Leased Property, including the violation of any
Littleton/Englewood WWI'P Farm Lease-Clint Burnet Fann 2014 Pagelof4
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pe ID: 67158F2E-FFFB-4B3A•967B-33C437E29ECE
environmental laws, rules, regulations or standards; b) if the Lessees should fail to abide by the
Lessor's instructions concerning residual. nitrogen levels in the soil and agronomic rates of
application of biosolids; c) if the Lessees are fanning in a manner which limits the Lessor's
ability to apply biosolids to the Leased Property; d) if the Lessees are not fanning in a manner
that constitutes good fanning practices; e) if the Lessor determines that it will no longer utiliz.e
the Leased Property for the production of crops.
16. Lessor also reserves the right for itself: its agents and its designees, including other
government officials, to enter and to have access, at all reasonable times during the term of this
lease, to the Leased Property for the purpose of sampling, application, monitoring, testing,
screening, mapping, plotting or doing any other procedure, task or function deemed necessary by
Lessor in conjunction with its biosolids production and application operation and for any other
pmpose including, but not limited to, inspecting the Leased Property and to make such repairs,
additions, or improvements as Lessor may deem necessary.
17. It is understood and agreed that the Lessor reserves the right to cancel this lease at
its sole discretion. Should Lessor elect to exercise its right of cancellation, it must do so in
writing, on or before October l prior to the anniversary date hereo( in which event this lease
shall be terminated effective on the anniversary date and neither party shall be entitled to further
payments or damages as the result of said termination except for any payments due and owing at
the time of cancellation.
18. All payments from the Lessee shall become due and payable upon forfeiture of said
Lease, or upon abandoning said Leased Property, and if it becomes necessary for the Lessor to
bring action at law to recover possession, damage or rent, the Lessees agree to pay a reasonable
attorney's fee therefore, and all costs attending the same.
19. Lessees shall indemnify, defend end hold harmless Lessor and its successors,
assigns and representatives from and against any and all damages, claims, losses, costs,
liabilities, and expenses of any kind whatsoever (including but not limited to reasonable
attorney fees) which may be asserted against or suffered by Lessor or the Leased Property or
any part thereof, as a result of, on accolDlt of or arising from (i) any breach of any covenant,
representation; promise, warranty or agreement made by Lessee, or (ii) injuries or damages to
person or property resulting or alleged to result from any fault or negligence of Lessee or his
agents or employees, or from the possession, use, occupancy, or maintenance of the Leased
Property by Lessees, their agents, employees, or affiliates.
20. This Lease shall not be sublet or assigned. Any pwported sublease or assignment
shall be void; and shall result in immediate termination of this lease.
21 . Lessor reserves the right to sell , contract to sell, or grant easements or rights-of-way
over, through, under, or on, the Leased Property at any time during the term of this lease, subject
to the rights and interests of the Lessees hereunder.
22. All notices, demands, or other documents required or desired to be given, made
or sent to either Party under this Agreement shall be made in writing, shall be deemed
Littleton/Englewood WWTP Fann Lease -Clint Burnet Farm 2014 Pagc3of4
ocuSlgn Envelope ID: 67158F2E-FFFB-4B3A-967B-33C437E29ECE
effective upon receipt and shall be personally delivered or mailed postage prepaid, certified
mail, return receipt requested, as follows:
TO LESSOR:
Littleton/Englewood WWTP
c/o Treatment Division Manager
2900 South Platte River Drive
Englewood, CO 80110
TO LESSEES:
Clint A. Burnet
50555 East County Road 30
Bennett, CO 80102
The addresses for notices may be changed by written notice given to the other Party in the
manner provided above.
This lease shall be in effect as of the date first above written.
LESSOR:
CITY ENGLEWOOD
By: Randy P. Penn, Mayor
CTIY OF UTILBTON
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D•-111-'IIJ: # .,. • ••
~,Mayor
LF.SSEES:
By: Clint A Burnet
Littleton/Englewood WWTP Farm Lease -Clint Burnet Farm 2014 Pagc4of4
COUNCIL COMMUNICATION
C Date April 7, 2014 Agenda Item Subject
9 a ii Farm Lease Agreement
L/E WWf P Beneficial Use Farms
INITIATED BY . STAFF SOURCE
Littleton/Englewood Wastewater Treatment Plant -Stewart H. Fonda, Director of Utilities
Supervisory Committee Jim Tallent, Treatment Division Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council previously approved this and other farm lease agreements.
RECOMMENDED ACTION
The recommended action is to approve, by Ordinance, a 2-year cash-lease agreement for:
1. Clint A. Burnet
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Various farmers perform farm management services on City-owned farm properties near Byers and Bennett, CO.
Previously approved by Council, one leased parcel was managed by James Burnet, who recently passed away.
His son is willing to take over the existing lease for the remainder of the agreement period .
• The Cities of Littleton and Englewood own approximately 6,700 farmable acres to provide a long-term and
environmentally safe solution to recycling stabilized wastewater biosolids in a beneficial use farming program.
Littleton/Englewood WWf P (L/E WWfP) staff, in coordination with local farmers, provides transportation,
application, monitoring and required reporting services for biosolids application on these farms. Farm
management services are contracted, via cash-lease, with local farmers to plant, harvest and manage all farming
activities.
At the December 19, 2013 L/E WWfP Supervisory Committee meeting, action was approved to proceed with a
short-term cash-lease agreement for two years, under existing terms, to Clint A. Burnet. This shorter term will bring
all farm lease agreements to be renewed at the same time and can be acted upon by City Council with one
ordinance action.
A new 2 -year lease document, based on existing, previously approved terms, was prepared by Hill and Robbins
and reviewed and approved by both Englewood and Littleton City Attorneys. City of Littleton approved the lease
agreement, by Ordinance, March 4, 2014.
FINANCIAL IMPACT
This particular farm lease covers 477.5 acres and with recommended continued cash-lease pricing of $8.00/acre,
firm revenue of $3,820.00 will be generated each year, regardless of commodity/economy trends.
LISTOF ATTACHMENTS
City of Littleton, CO Bill for an Ordinance authorizing Burnet Farm lease
Proposed Bill for an Ordinance
. DocuS'\n Envelapa ID: 87158F2E~C437E21ECE
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ORDINANCE NO. 7
Serl•,2014
INTRODUCED BY COUNCILMEMBERS: BECKMAN & VALDES
AN ORDINANCE OF THE CITY OF LITI'LETON, COLORADO,
AUTHORIZING THE BURNET FARM LEASE FOR THE
FARMS IN THE LITI'LETON/ENGLEWOOD WASTEWATER
TREATMENT PLANT BIOSOLIDS MANAGEMENT PROGRAM
WHEREAS, the Cities of Littleton and Eoglewood jointly own properties near
Byers and Bennett, Colorado, which are used for the Littlcton/Enalewood Wastewater Treatment
Plant (UEWWTP) Biosolids Manaaement Proaram;
WHEREAS, this program uses dryland fium property for lone-term applications
of domestic wastewater biosolids generated by the IJEWWfP; and
WHEREAS, this lease shall be for a term of one (1) year, commencing on
January l, 2014, and a one (1) yearrenewalcommencinaonJanuary 1, 201S.
NOW, TBEREJ'ORE, BE IT ORDAINED BY THE Cl1Y COUNCIL OF
THE CITY OFLI'ITLETON, COLORADO. THAT:
Seetio■ 1: The city council of tba City of Littleton heieby authorizes on its
properties a farm lease bctw=n Clint A. Burnet and the Cities of Littleton and Englewood
commencing on JanUBrY J, 2014, for a tmm of one (1) year, renewable Bmlually for one (I)
additional year.
Section 2: Severability. If any part, section, subsections sentence. clause or
phrase of this ordinance is for any reason held to be invalid, such invalidity shall not affect the
validity of the remaining sections of this ordinance. The City Council hereby declares that it
would have passed this ordinance, including each put, section, subsection. sentence, clause or
phrase hereof; inespective of the fact that one or more parts. sections, subsections, sentences,
clauses or phrases may be dechucd inwlid.
Section 3: Repealer. All ordinances or resolutions. or parts thereof. in
conflict with this ordinance are hereby repealed, provided that this repealer shall not repeal the
repealer clauses of such ordinance nor revive any ordinance thereby.
acuSlan Envelope ID: 871 S8F2!·FFFB-483Ml87B-33C437E29ECE
Ordinance No. 7
Series of2014
Page2
1 INTRODUCED AS A BILL at a regularly scheduled meeting of the city coWteil
2 of the City of Littleton on the .!§!,day ofFebruaiy • 2014. passed on first reading by a vote of
3 J.... FOR and _g_ AGAINST; and ordered published by posting at Littleton Center, Bemis
4 Library, the Municipal Courthouse and on the City of Littleton Website.
S PUBLIC HEARING on the Ordinance to take place on the .4th day of
6 March , 2014, in the council chamber, Littleton Center, 2255 West Berry Avenue,
7 Littleton, Colorado, at the hom of 6:30 p.m., or as soon thereafter as it may be heard.
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9 PASSED on second and final reading. following public hearing, by a vote of 7 FOR
10 and ___JL AGAINST on the.& day of,_M:.:a::.;:irch::.... __ __,, 2014 and ordered publilbed by
11 posting at Littleton Center, Bemis Library, the Municipal Com1house and on the City of Littleton
12 Website.
13 ATTEST: ....,....,.
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16 CITY CLERK
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APPROVED AS TO FORM:
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DEPU1Y CITY ATTORNEY
11\1:c\Bumclflna Lcuc: onl
PRESIDENT OF CITY COUNCIL
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