HomeMy WebLinkAbout2013 Ordinance No. 037•
•
•
ORDINANCE NO. 122_
SERIES OF 2013
BY AUTHORJTY
COUNCIL BILL NO. 34
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE AUTHORIZING AF ARM LEASE AGREEMENT FOR AF ARM IN THE
LITTLETON/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 (LIE WWTP); and
WHEREAS , the Englewood City Council approved the purchase and 5 year lease back of
farmland to Meier in Byers by the passage of Ordinance No. 55 , Series of 2007 ; and
WHEREAS, there is an ongoing biosolids application covered by an existing lease on the Meyer
farm which runs through 2013; and
WHEREAS, the Meier's lease begins on July 6, 2013 for a term of one (1) year, renewable for
one (1) additional year.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS:
Section 1. The City Council of the City of Englewood hereby authorizes a "Farm Lease "
between Gary Meier and Nancy Meier and the cities of Littleton and Englewood commencing on
July 6 , 2013 , for a term of one (1) year, and renewable for one (1) year; attached hereto as
Exhibit A.
Section 2. The Mayor is hereby authorized to sign the Meier Farm Lease Agreement for and on
behalf of the City of Englewood .
Introduced, read in full, and passed on first reading on the 5th day of August , 2013 .
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9th day of
August, 2013 .
1
9 b ii
Published as a Bill for an Ordinance on the City's official website beginning on the 7th day of
August, 2013 for thirty (30) days.
Read by title and passed on final reading on the 19th day of August, 2013.
Published by title in the City's official newspaper as Ordinance No. ZJJ Series of 2013, on
the 23rd day of August, 2013.
Pub lished by title on the City's official website beginning on the 21 st day of
August , 2013 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 .3?, Series of 2013.
2
•
•
•
•
•
FARMLEASE
THIS LEASE is dated as of Z -6 , 2013, and is made and entered into by
and between the Cities of Littleton and Englewood, collectively referred to hereinafter as
"Lessor", and Gary and Nancy Meier and Jason Meier, referred to hereinafter as "Lessees'\
On this date, Lessor has leased to the .Lessees the following described premises situated in the
Counties of Adams and Arapahoe, State of Colorado, to wit:
[See Exhibit A attached hereto and made a part hereof]
together with all buildings and improvements on the ,premises (hereinafter referred to as the
"Leased Property") in accordance with the following tenns:
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 (1) additional year commencing on January 1, 2013, at the rent of $8:00 (Eight dollars)
per acre per year on fannable acres on 'the Leased Property (1,252 acres) for a total annual
lease payment of $10,016.00.
2. The lease payment is to be made payable to the order of:
Littleton/Englewood WWTP
and delivered to:
Littleton/Englewood WWTP
c/oTreatmertt Division Manager
-2900 South Platte River Drive
Englewood, CO 80110
'•. . ~"
byDecerriber 31 (following the harvest) of each year that 'this lease is in effect.
3. Lessees shall thoroughly plow, cultivate and fann in accordance with good fanning
practices, .all lands _ comprisi~g the Leased Property that are not in grass, fallowed by mutual
agreement of the parties, or otherwise unfarmable.
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 purpose whatsoever.
5. Lessees shall be responsible for all costs and expenses associated with use of the
Leased .Property as a dry land farm, except that Lessor, at its own cost and expense, shall be
responsible for furnishing, transporting, and applying all fertilizer, in the fonn ofbiosolids, to the
Leased Property.
6. -All fertilizer to be used on the Leased Property shall be transported, furnished, and
appliec:I by Lessor at such times and at agronomic rates as determined by Lessor. Lessees shall
E
X
H
I
B
I
T
A
not apply a11-y 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 beas determined by Lessor.
·:.'/'i-.';t.;','' .• • ' ' . .:; ~ .. .
·'·''/tl.1''•''•'· •· : ' •. ,. •
,,. . 7 .. :~bessees shallnot :assign this 'lease',:stibl~t,,orf;linqui~h the Leased Property, under
the;pen 'a]cy iqf,a~f0rfeifure of albthei-ights :of'the Lessees under or:by:viitue .ofthis lease, .at the
election of th~ Lessor.' . . . . . ''" . c: <: ,. · ' '
; ...... -· -·-
8. ·Lessees shall protecUhe 1Leased Property, including buildings, gates, fences,
shrubbery, and improvements thereon frommll :damages :andshall :keep the same in the same
condition a~~they are now in,·or,may.beat any time placed in by the Lessor, subject to normal
wear and ·te~r. Lessees..:shal'l '.do ·rio :act,whereby .any 0insurance i.Oll ,buildings may , be
invalidated and shall not remove, or allow :any o.ther .·.personto-remove,.from·the Leased
Property al}Y of the buildings, ;gates, .fences, ·shrubbery, and improvements of any kind.
• · '. ~;~·-•, ~;t ~ssees !sh~ll ··~~trrun furrows :~~ .~~ ;~·~·~~~~~~ di~ch;~·:'~o w.~h the Leased · Property,
u~less ·first:[av ingia writte~ cgn~~llt of:the ~essqr.;L,es~~i~,~1i~m :~l~ai:t :.9µ(1mg )pa,.inta.~~ ~~
gooo repairi during the .operation ·ofthis:!Dease, all ,dit~p.es,.~~l01,1g~g}?r ~ppertainin,.g to the .
Leased Property. . '/ , .: ·, c,. ;.1 • . .: .... .. . ·
..... ·'.
10. Lessees shall well rand .seasonablyput.in .and;tend.J9.th~.,cro,p~ ,gr9wn 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 Lessdrtna,y .proceeg ,t9 do •.so ?f.terten (I 0)
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 the fences upon sai~I::.ease,d P.rgp.erty :as they are now
existing.
12. Lessees shall, at the expiration ofthis Lease, or.upon ;a bre~ch by.the Lessees of
any of the cov.enants herein contained, withoutfurthei"'notice o(any kind;·quit and surrender
, .. 1_,~,f.-:,11-•:•.'t~-:-,· ) -,tl'lfi'l:"•.:• •'·' :·· -' .
the possession and occupancy ,of Leased .Property. in as gqod, .condition as careful use and
·natural wear ~9-tear the~eo,:f will.permit. · · · · · · ·
' ~.:-..'. /.;i;~·t' ... , ... :·_;!·{'::,:·;}f'.' '.:; .. ~::?F -~-~ ': --,, . I,. .•r·. ;_ ,-! r: ;-(,: Jh ,'~--· .. : .... ~
',13. A:ll ,go,9d _S,;:~~d ~ha11~1s,prc1ny.t?~her ,prqp;erty p~eE, :a.t:.~,.~Pf,.o~:~e L~ased Property,
shall be held for the rent or damages under,.this .Lease, ~h~~Aet ~~e¢pt fro,~ execution or 'not,
mea_ning or intending hereby to give the Lessor a valid 'and first'lieilupon 'any and all goods
and chattels, cr~ps .. ana'~theq,roperty hel0~giqg ,to tl1~Lessees. '' ':. '
,, 14. Lessees sh~l c~ltivate ar01lnd aiiy stnictuies,6tfacilities constructed by Lessor and
where applicable, .and shall not impair or hinder, but shall co5perat~\vith 'Lessor in the use of
,.domestic wastewater biosolids .. application o.n .the Leased PropeJ1y ..
• ' ·• '. ~ ' • ~' ' I '.; ._ .'-:I. ' '
' -, • -·· l • ~. MI ' ' t • ' -••
_ 1'5 . The Lessor reserv.es the ,rig}:,it to cancel :tne ·lease during its term for any of the
following reasons: a) if the Lessees sho
1
uld take 'any acfiori of fiiiHo 'iake ariy action that
threatens the Lessor's interest in the Leased Property, including the violation oTany
·:environmental laws, rules, regulations or standards; . b) if the Lessees should .fail to abide by the ·•
Lessqr's instructions .c.onceiningresiduaLnitrogen.levels.in the soil and agronomic rates of
. . .. ' ,•,,\ . . . , : ·; . . .
2013 Farm Lease Page2 of7
•
•
•
application ofbiosolids; c) if the Lessees are farming 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 farming practices; e)'.if.the Lessor determines that it :will no Jonger utilize
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
pUipose 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 Lessorreserves 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 I prior to the anniversary date hereof, in which event this lease
shall be tenninated 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 and 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 account 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 purported 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
effective upon receipt and shall be personal1y delivered or mailed postage prepaid, certified
mail, return receipt requested, as follows:
2013 Farm Lease Page 3 of7
TO LESSOR:
Littletori/Englewo0d WV{TP
c/o Treatment Division Manager
2900 ·south Platte Riverbrive ''' '
· ;EngfeWOod;··co sor10
' -~ ;'. ['1 ~ \ i, l •i.,;.· , , •. • , 1 ~.
TO LESSEES:
Gary and 'Nan~y Meier
326S ·SCJR ,f85 :,
Byers, co sor03 ·
'' ' ::' '<:i''i ·; ';:,: '
··:r-· .. :·'·I ·;,·:.·:..:·-tr~\: .. -_:h1·.··-~ •·::'f',,:: ... ;:';,·-r.:_-.·~;= ., ·1 .·,-ri·,r-,.
. . ;,.
Th;l~diif~~se~:-ior~~ti6~s 'm.ay ·:1,e !cfiaiig~l1 Ebytritfii /nritite-gii~ri ':'f6 thb .other 'Party in the • m~~e(proyided 'above : ' . ,. '. '';;" ·~•:,, ;_: ·,'.", j ,.., :, ,. : .. ;, ', c :, /-: ;;•, ,-i,;,:,,. . , .. : .,
ThtS 1iease shalfbe in effect as ofthe cl~te first above 'ivritten;' ·:_::· ..
ZO 13 'Fann Lease Page 4 of7
•
•
•
• LESSOR:
CITY ENGLEWOOD
By: Randy P. Penn, Mayor
CITY OF LITTLETON
By: Debbie Brinkman, Mayor
•
•
2013 Fann Lease Page 5 of7
ESSEES:
•
·~
•
• 2013 Farm Lease Page 6 of7
.,
•
•
•
Parcel I:
Exhibit A
LEGAL DESCRIPTION
The East 1/2 of Section 33, Township 3 South, Range 57 West of the 6th P.M., County of
Adams, State of Colorado.
Parcel II:
The West 1/2 of Section 8, Township 4 South, Range 57 West of the 6th P.M ., EXCEPT the
West 40 feet for county road purposes as described in Quit Claim Deed recorded September 8,
1948, in Book 618 , at Page 121, County of Arapahoe, State of Colorado.
Parcel III:
Section 17, Township 4 South, Range 57 West of the 6th P.M ., EXCEPT the West 40 feet and
the South 40 feet thereof as described in Quit Claim Deed recorded September 8 , 1948 , in Book
618, Page 128 , County of Arapahoe, State of Colorado .
201 3 Farm Lease Page i of?
. ,.
. . .: .· •
•
•
•
COUNCIL COMMUNICATION
Date August 5, 2013 Agenda Item Subject
11 a i Farm Lease Renewal Agreement
L/E WWTP Beneficial Use Farms
INITIATED BY STAFF SOURCE
Littleton/Englewood Wastewater Treatment Plant -Stewart H . Fonda, Director of Utilities
Supervisory Committee Jim Tallent, Operations Division Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Various farmers perform farm management services on City owned properties near Byers, CO. The Byers
farm is used to apply stabilized domestic wastewater biosolids in a beneficial use program . In 2011 Council
approved 5-year lease agreements with these farmers. One property not included in this action was
purchased in 2008 which included a farm management lease through the original land purchase -this
agreement has expired.
RECOMMENDED ACTION
The recommended action is to approve, by Ordinance, a new 2-year cash-lease agreement for:
1. Gary and Nancy Meier and Jason Meier
• BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
•
Based on criteria established by regulatory requirements, the Littleton/Englewood WWTP was granted
approval by the Cities of Englewood and Littleton (1995 , 1996 and 2008) to purchase dryland farm
property (Byers farm). This property is used for long-term application of domestic wastewater biosolids
generated by the facility. While plant staff operates and maintains the biosolids application program,
farming services are contracted via cash-lease and provided through local farmers . Gary and Nancy Meier
and Jason Meier conduct farm management activities for a portion of the Byers farm.
At the May 16, 2013 L/E WWTP Supervisory Committee meeting discussion was held and action
recommended and approved to renew the current $8.00/acre cash-lease for two years. This shorter term
will bring all farm lease agreements to be renewed at the same time and can be acted upon with one
ordinance action. Cash-lease places all direct farming costs with Gary Meier, consistent with our other
leases . Not sharing farming cost with the Cities will result in reduced budgetary expenditures for L/E
WWTP.
A new 2-year lease document, based on existing previously approved $8/acre cash-lease, was prepared by
Hill and Robbins . The lease document was reviewed and approved by both Englewood and Littleton City
Attorneys.
FINANCIAL IMPACT
With recommended cash-leas e pricing of $8 .00/acre, firm revenue of $10,016 will be generated each year,
regardless of commodity/economy trends .
LIST OF ATTACHMENTS
Littleton /Englewood WWTP -Gary and Nancy Meier and Jason Meier Cash-Lease Agreement