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HomeMy WebLinkAbout1997 Ordinance No. 068' f 10 b ii fJdwf 41/t/-9 7 ORDINANCE No.d SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO. 75 INTRODUCED BY COUNCIL MEMBER VORMITTAG AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE BENEFICIAL USE FARM -PROGRESSIVE FARMS LEASE FOR A PORTION OF THE FARM (LINNEBUR FARM) TO BE PLACED IN THE U.S. DEPARTMENT OF AGRICULTURE CONSERVATION RESERVE PROGRAM . WHEREAS, the City of Englewood City Council authorized the purchase of a farmsite for beneficial use of the Littleton/Englewood Wastewater Treatment Plant Biosolids Management Program with the passage of Ordinance No. 2, Series of 1995/1996; and WHEREAS , the Englewood City Council authorized an Oil and Gas Lease with the passage of Ordinance No. 19 , Series of 1997; and WHEREAS , the Littleton/Englewood Wastewater Treatment Plant would like to place a small p ~rtion (approximately 5%) of the farm into the U.S. Department of Agriculture Conservation Reserve Program; and WHEREAS, the U .S . Department of Agriculture will pay an annual rental fee per acre for these highly erodible land areas to be seeded and returned to grassland for a ten year conservation period; and WHEREAS , the rental fees received will be slightly higher than the typical proceeds from the Littleton/Englewood Wastewater Treatment Plant share of crops if the land areas were farmed ; and WHEREAS , the biosolids may still be applied to the grass areas; however the Littleton/Englewood Wastewater Treatment Plant must pay for the planting of grass and maintenance of the area; and WHEREAS , the U .S.D .A. rental payments will be made directly to the farmer and not the owner; and WHEREAS, the farmer shall pay annual rent to the Littleton/Englewood Wastewater Treatment Plant in an amount equal to the U .S . Department of Agricultural payment; and WHEREAS , the Littleton/Englewood Wastewater Treatment Plant plans to use the tenant farmer (Progressive Farms) to establish the grass and maintain the areas in accordance with C .R .P . regulations ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : -1- Section 1. The Littleton/Englewood Wastewater Treatment Plant -Progressive Farms Lease Agreement Amendment between Progressive Farms and the City of Englewood , Colorado , attached hereto as "Exhibit A," is hereby accepted and approved by the Englewood City Council. Section 2 . The Mayor is authorized to execute and the City Clerk to attest and seal the Intergovernmental Agreement for and on behalf of the City of Englewood, Colorado . Introduced, read in full, and passed on first reading on the 18th day of August, 1997 . Published as a Bill for an Ordinance on the 21st day of August, 1997. Read by title and passed on final reading on the 2nd day of September, 1997. Published by title as Ordinance No . {c$_, Series of 1997, on the 4th day of September, 1997 . I , Loucrishia A. Ellis , City Clerk of the City of Englewood , Colorado, hereby certify that the abov e and foregoing is a true cop y/~}he Ordinance passed on final reading and published by title as Ordinance No .~' Series of 1 97. -2- , . LITTLETON /EJ."iGLEWOOD -PROGRESSIVE FARMS LEASEAGREEMENTru\1ENDMENT Pertaining to the farm lease agreement signed March 13, 1996 between the Cities of Littleton /Englewood , Landlord, and Progressive Farms, Tenant, concerning only that portion of land enrolled in the 1997 CRP Program as described in the CRP contract, worksheet, and aerial photo for tract numbers 1982, 1984, and 5443 attached hereto and incorporated herein. Said Landlord and said Tenant agree to the following terms: 1). Tenant shall receive 100 % of the CRP payments pertaining to the above described CRP Contracts. 2). Tenant shall pay annual rent to Landlord in an amount equal to said CRP payments payable within 10 days after Tenant's receipt of said CRP payments. 3) Landlord shall bear all expenses of establishing and maintaining the CRP land. 4). Tenant will work with Landlord to establish and maintain CRP land according to CRP rules and regulations. • . Landlord shall pay Tenant, at custom rates common for the area,· to establish and maintain CRP land according to CRP Contract rules and regulations. Tenant will submit a plan of action and labor and material cost estimates to Landlord, requiring their approval, prior to begin~ing work. 6). Landlord shall have the option of hiring other contractors to complete any work it deems necessary to maintain the CRP Contracts. 7) . Landlord shall reimburse Tenant for any and all penalties imposed on Tenant for non-compliance on the CRP Contract or early withdraw of the CRP land directly attributable to decisions er actions cf the Landlord. 8). Tenant shall reimburse Landlord for any and all penalties imposed on Landlord for non-compliance on the CRP Contract or early withdraw of the CRP land directly attributable to actions of the Tenant taken in defiance of the Landlord's wishes and requests. 9). The remainder of said lease signed 3/13/96 between Landlord and Tenant, concerning that portion of the land not included in the CRP Contract described above, shall remain in full force and effect. 10 ). This CRP agreement shall survive the expiration of said lease signed 3/13/96 and shall be binding for the full 10 year term of the CRP contracts, described above, unless modified or terminated at an earlier ~1te by mutual agreement of Landlord and Tenant. Cities of Littleton-Englewood /Date Progressive Farms /Date I! x H I B I T A Form Approved -OMB No . 05 6 0~01 ZS ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~..,-~~~~~~~~~~~~~~~~~~~~~~·~~~ CRP-1 (01-30-97) U.S. DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 1 . ST. & CO . CODE & C/D 2 . SIGN-UP NUMBER 08 -001-1 15 CONSERVATION RESERVE PROGRAM CONTRACT 7. COUNTY OFFICE ADDRESS AND PHONE NO . (a rea code) ADAMS CJUN TY FARM SERVIC E AGEN CY 57 \·i 3ROM LE'( LN BRIGHTON , CO 80 601 303-659-0525 3. CONTRACT NUMBER 15 _ FARM NUMBER 2405 ;a. OFFER (Select one) I STANDA RD !ENVIRONMENTAL PRIORITY ACRES FOR ENROLLMEN 18LJ.9 TRACT NUMBER(S) 199# ~9 . CONTRACT ~ERIOD FROM (MIDIY) !TO (MIDIY) 10/1/97 !9130/07 THIS CONTRACT is entered into oetween the Commodity Credit Corporation (referred to as ·ccc·; and the undersigned owners. operators. or tenants (who may be referred to as ·owner". ·operator". and 'Tenant', respectively) on the farm iden tified above. The undersigned person or persons may hereafter collectively be referred to as •th e Participant.· The Parricipant agrees to place th e designated acreage into th e Conservation Reserve Program ("CR P·) fo r th e stipulated contract period from the date the Contract is executed by the CCC or other use set by CCC. The Parricipant also agrees to implement on such designated acreage the Conservation Plan developed for such acreage and approved by th e CCC and the Parti cipant. Addition ally, the Participant and CCC agree to comply with the terms and conditions contained in this Contract including the Append;x to this Contract. entitled Appendix to CRP-1. Conservation Reserve Program Contract (referred to as ·Appendix "). By signing below. the Participant acknowledges that a copy of the Appendix for the applicable sign-up period ha s been provided to such person. Such person also agrees to pay such liquidated damages in an amount specified in the Appendix if th e Participant withdraws pnor to CCC acceptance or rejection . The terms and conditions of this contract are contained in this Form CRP-1 and in the CRP·1 Appendix and any addendum thereto. SY SIGNING THIS CONTRACT PRODUCERS ACKNOWLEDGE RECEIPT OF THE FOLLOWING FORMS: CRP-1 ; CRP-1 Appendix and any addendum thereto; CRP-2; and if applicable. CRP-15 and CRP-1 Continuation. 10. OFFER FOR PERMISSION TO ALLEY CROP In order to particip ate in CRP under CP19, Alley Cropping, /!we submit an offer of $ per acre reduction , from the ------- amount specified in item 11A , in the annual rental payments for permission to produce agricultural commodities on eligible acres in accordance with the provisions for alley cropping set out in the applicable regulations . /!we understand that for each year of the CRP contract the annual rental payment will be reduced by the amount agreed to above, which reduction must be a reduction of at least 50 percent in the annual rental payment. 11A. Rental Rate Per Acre $ 'l!l gr L" 0 B. Annual Contract Payment $ 4615.00 C. First Year Payment $ (Item 11 C applicable only to continuous signup when the first y ear payment is prorated.) j12 . Identification of CRP Land IA Tract No . !B. Field No .! C. Pract ice 1982 CO"' 1L CP2 13. OWNERS. OP=~~TORS. AND TENANTS A. OPERATOR NAME A ND ADDRESS P RO G~ESSIVE FARMS ?O BOX 369 BYrns , co 80103 B. OWNER NAME ANO ADDRESS CITY OF ~NGLEWOOD 3400 s cLATI sr ENGLEWOOD, CO 80110 C. NAME AND ADDRESS Cr rv OF LI Tn_ETON I !SOC IAL SECURITY NUMBER I ' ~ll-11 f'.;82 TZ. t .._. · -'"" I ./ I :SIGNATURE 1100 % i J jSOCIAL SECURITY NUMBER I 84 -6 000583 !SIGNATURE I il % i ISOCIAL SECURITY NUMBER 224:5 'ri 3C:RRY Li TTL ET J:i , CO iSIGNATURE 80155 0 % i 14. CCC USE ONLY· Payments according to th e sharf'!s are approved. I SIGNATURE OF CCC REPRESENTA 1 IVE ,_,/) £ / ,.:,i/ -/ ../ ~ .7 A,.,,-L-t-1' r'{~1 -r--~ I D . Acres j E. Total C/S \119: o I 9845 I 5. 9 I 325 jDATE JDATE ;oATE NOTE : Th e i a1lowmg statement is m aae ~ accoraflnce with the Privacy Act of 19 74 (5 US G,1552a'1'9na th e Pap~k Reauction Act of 1395. as amendM. The authoflty for r ecuestfng cne follo w i ng ;,>formation 1$ th e Food Security Act of 1985. !Pub. L. 99-198/, as amen/ed, amt regulation~omulgated at 7 CFR PART 14 10 and thtJ Internal RevMue Code 126 USC 61091. The in formation requested is necessary for CCC io consider and process the offer t o enter in t o a Co nservation Reserve Program Contract. t a assist in determining eligibility, and to determi ne the correct i)an i es to the contract. Furnishinq the requested informati on is voluntary. Failure to furnish the reauested information w ill resul t in determi nation of ineligi bilitv for cenam pro gram oenetits and o th er financial assistance admmistered by USD A agency. This i nrorma11on mav oe pro VJd ed to otner agenc;es. JRS, Department of .Justice. or otner Sta re ,. and Federal La w enforcement agenci es, and in r esponse to a court magistrat e or administrative tribunal. The provisions of criminal and ci vil fraud s tatures, including 18 USC 286, 2 8 7, 371. 551 . '001 ; 15 US C 714m; and 31USC3729. ma y be applicable ro the i nformation orovided. Federal Agencies may not conduct or sponsor, and a person is not r equired to r espond ro, a collection of informati on unless it displays a cuffentty valid OMS control number. Public r e()Omng burden for this c ollection of information is estimated to average 4 minutes per response. i ncl uding the timtJ for reviewing instructions~ searching existing dara sources, g athering and mamtaming ,·he data needed. and completin g an d revie wing the calfec:ion of informati on. Send c omments regarding rhis burden estimate or any o ther aspect of rhis collection of informati on. inclu ding suggestions forreduci ng this burden. to Department of Agriculture. Clearance Officer. OIRM. tOMB No . 0560-0125/, STOP 7630, W3shington. D. C. 2 0250-7630. RETURN THIS COMPLETED FORM TO YOUR COUNTY FSA OFFTC£. This program or aciiwty ·.viii be conducted on a nondisc.7minatory basis without regard to race . color. religion . national ongin. age, sex, marital status, or disability. OWNER'S COPY ' 'I _,. ~ Git; ;': -. . . i I I ' ·:.~: ~.t:.:- Form Approved -OMB No . 056$)-0 12 5 CRP-1 (01-30-97) U.S . DEPARTMENT OF AGRICULTURE Commodity Credit Corporation 1 . ST & CO . CODE & CI D !2 . SIGN-UP NUMBER os-001-1 I 15 CONSERVATION RESERVE PROGRAM CONTRACT 7 . COUNTY OFFICE ADDRESS AND PHONE NO . (area code) 303-659-0525 3 . CONTRACT NUMBER 5. FARM NUMBER 2405 1a. OFFER (Select one) I STANDARD 1ENVIRONMENTAL PRIORITY ACRES FOR ENROLLMEN 24.1 TRACT NUMBER(S) 1984 !9. CONTRACT PERIOD ~FROM (MIDIY) ITO (MIDIY) THIS CONTRAC T is entered into between the Commodity Credit Corporation (reterrea to as "CCC") and the undersigned owners, operators, or tenants (who may be referred to as "Owner", "Operator". and "Tenant". respectively) on the farm identified above. The undersigned person or persons may hereafter collectively be referred to as ·~he Participant.• The Participant agrees to place the designated acreage into the Conservation Reserve Program ("CRP") for the stipulated contract period from the date the Contract is executed by the CCC or other use set by CCC. The Participant also agrees to implement on such desi gnated acreage the Conservation Plan developed for such acreage and approved by the CCC and the Partici pant. Additionally, the Participant and CCC agree to comply with the terms and conditions contained in this Contract including the Appendix to this Contract, entitled Appendix to CRP-1. Conservati on Reserve Program Contract (referred to as "Appendix"). By signing below, the Participant acknowledges that a copy of the Appendix tor the applicable sign-up penod has been provided to such person. Such person also agrees to pay such liquidated damages in an amount specified in the Appendix if the Participant withdraws prior to CCC acceptance or rejection . The terms and conditions of this contract are contained in this Form CRP-1 and in the CRP-1 Appendix and any addendum thereto. BY SIGNING THIS CONTRACT PRODUCERS ACKNOWLEDGE RECEIPT OF THE FOLLOWING FORMS: CRP-1 ; CRP-1 Appendix and any addendum thereto; CRP-2; and if applicable, CRP-15 and Cl<P-1 Continuation. 10. OFFER FOR PERMISSION TO ALLEY CROP In order to participate in CRP under CP19, Alley Cropping, I/we submit an offer of $ per acre reduction. from the ------- amount specified in item 11 A, in the annual rental payments for permission to produce agricultural commodities on eligible acres in accordance with the provisions for alley cropping set out in the applicable regulations . /!we understand that for each year of the CRP contract the annual rental payment will be reduced by the amount agreed to above , which reduction must be a reduction of at least 50 percent in the annual rental payment. 11A. Rental Rate Per Acre $ 18.30 I 12. Identification of CRP Land B. Annual Contract Payment $ 441. 03 A. Tract No. !B . Field No .I C. Practice C. First Year Payment $ (Item 11 C applicable only to continuous sign up when the first y ear payment is prorated.) 13. OWNERS. OPE:RA TORS. AND TENANTS A. OPERATOR NAME AND ADDRESS Progressive ~ar:ns P.O. Box 369 Byers, CO 80103 B. OWNER NAME AND ADDRESS City of Englewood 3400 S. Elati St. Englewood, CO 80110 C. NAME AND ADDRESS City of Littleton 22455 \./. 3erry Ave. Littleton, CO 80165 r i i 1100 I I l o !SOCIAL SECURITY NUMBER ! 84-1168273 !S IGN TURE %' 0 1 ~4---~4 !SOCIAL SECURI 184-6000583 [SIGNATURE I %' !SOCIAL SECURITY NUMBER jSIGNATURE ! 0 %j 14. CCC USE ONLY -Payments according to the .;hares are approved. I SIGNATURE OF CCC REP RE SEN I ATIVE iDATE ! D . Acres I E. Total C/S !DATE/~ /DATE :DA 1E NOTE : The tollowmg srarement rs mace in accordance w i rh the Privacy Act of 1974 r5 USC 552aJ and the Paperwork Reduction Act of 1995, as .Jmended. The aurhorrry for requesting the fallowmg in f orm ati on is :ne Food Security Act of 1985. (Pub. L. 99-1981. dS amended, .md r egulati ons p romulgated at 7 CFR PART 1410 and t1u1 lnrernal Revenue Code 126 USC 51091 . The in formati on r equested is necessary tor CCC to consider and process the. offer to enter into a Conservation Reserve Program Contract, to assist in determining eligibili ty, and to determine the correct ;Janies to the contract. Furni shin g the r equested informa tion is v oluntary. Failure to furnish the reauested informati on will r esul t i n d etermi nati on of i neligibility for cenai n program benefits and otfler financial a$$1·stance administered by USDA agenc y. This i nformati on may be provided to otht:r agencies, IRS, Depanment of Justice, or other State and Federal Law enforcement agenci es. and in resoonse to a court magistrate or administrative tribunal. The provisions of criminal and civil fraud statutes. including 18 USC 286, 287, 37 1, 6 5 1. 100 1: 15 USC 71 4m: and 31USC3729. may be applicable ro tne ;n formari on provided . Federal Agenci es may not conduct or sponsor, and a person is not required to respond to, a c ollection of information unleS3 it displays a currently valid OMB control number. Public r eporting burden for this collection of infonnstion is estimated to average 4 minutes per r es(Jonse, incl uding the time for reviewing instroctions, searching existing data sources, gatheri ng and m amrammg the data needed. and c ompleti ng dnd revi ew;ng the collec :;on of i nf ar m a rion. Send commenrs regarding rhis burden estimare or any o rh er aspect o f this c ollecti on of informati on. includi ng suggesti ons f or reduci ng this burden. 10 Depanment of A griculture, Clearance Officer, OIRM, IOMB No . 0560.01251, STOP 7630, Wasning1on, D.C. 20250.76 3 0 . RETURN THIS COMPlETED FORM TO YOUR COUNTY FSA OFFICE. Th is program or acti vity wi ll be conaucted on a nonoiscriminatory basis without regard to race, co lor. religion. national origin, age, sex , marital status. or disaoitity. OWNER'S COPY f ~ I -- \ i I \ .,1· .... ~. :. t • ·'. .·!· -.·:.,. ....... . ..... :~: ... :··¥-~..:.·e·· ... . . . ·· .. '{ J 6~. ,• . ·:;.: .··· ... ·: ....... :. .. .. ... , ·· .. ~:··.· ;·)·~· ':-: .... · ' V'····· ·k :: . . .·.· ...,_,---,,_<"'~'----~S:?<<, .... 11 · ~,. ... ~ . :::.:.;; .. . .,. __ , "~'!'\·: ! .. · -.... :.-:;~. .. . . . :·: ~-: . " "1 .1 . . ~, ... ". .··,,. . r·;: ·:r .' \ I I l Fo rm APProved -OMB No . 0560-01 25 CRt- (01-30-97} U.S. DEPARTM[NT OF AGRICULTURE comm.~ Credit Corporation 1. ST. & co. CODE & CID /2· SIGN-UP NUMBER 08-001 -1 I 15 CONSERVATION RESERVE PROGRAM CONTRACT CONTr..ACT NUMBER ACRES FOR ENROLLMEN r , 2 . . iS. FARM NUMBER 240 5 7. COUNTY OFFICE ADDRESS AND PHONE NO . (aras code) ADAMS C8UN TY FARM SERVICE AGENCY 57 :,.; 3R01\1LEY LN 3RIGHTCN 1 CQ 80 601 303-659-0525 .B. OFFER (Select one) ll STANOARD ENVIRONMENTAL PRIORITY !9. CONTRACT PERIOD R FROM (MID/Y) ro (MID/Y) THIS CONTRACT is entered into berween the Commodity Credit Corporation (referred to as ·ccc·; and the undersigned owners; operators, or tenants (who may be referred to as ·owner". "Operator". and ·Tenant· .. respectively) on .the farm identified .above. The undersign;d person or persons may hereafter collectivety be referred to as ·the Participant.· The Pamcrpant agrees to place the designated acreage into the Conservation Reserve Program ( CRP/ for the st1pulatect contract period from the date the Contract is executed by the CCC or other use set by ~CC. The Participant also agrees to implement on such designated ·acreage the Conservation Plan developed for svch acreage and approved by the CCC and the Part1c1pant. Add1t1onally, the Part1c1pant and CCC agree to comply with the terms and conditions contained in this Contract including the Appendix to this Contract, entitled Appendix to CRP-1 , Conservation Reserve Program Contract (referred to as •Appendix"). By signing below, the Partici pant acknowtedges that a copy of the Appendix for the applica ole sign-up period has been provided to such person. Such person also agrees to pay such liquidated damages in an amount specified in the Appendix if the Participant withdraws prior to CCC acceptance or rejection. The tenns and conditions of this contract are contained in this Form CRP-1 and in the CRP-1 Appendix and any addendum -thereto. BY SIGNING THIS CONTRACT PRODUCERS ACKNOWLEDGE RECEIPT OF THE FOUOWING FORMS: CRP-1; CRP-1 Appendix and any addendum thereto · C!~P-2; and if applicable, CRP-15 and CRP-1 Continuation. ' 10. OFFER FOR PERMISSION TO ALLEY CROP In order to participate in CRP under CP19, Alley Cropping, I/we submit an offer of $ per acre reduction, from the ------ amount specified in item 11 A , in the annual rental payments for permission to produce agricultural commodities on eligible acres in accordance with the provisions for alley cropping set out in the applicable regulations . //we understand th at for each year of the CRP contract the annual rental payment will be reduced by the amount agreed to above , which reduction must be a reduction of at least so percent in the annual rental payment. 11 A. Rental Rate Per Acre $ -o 2 bo. j12. Id entification of CRP Land 8 . Annual Contract Payment $ 1514. 04 A Tract No . is. Field No.! C. Practice ID. Acres E. Total C/S ---"-'--'--'----+-----,..-----+-------------+----:------- C. First Year Payment $ \ (lte_m 11 C applicable only to continuous sign up I when the first year payment is prorated.) I A OPERA TOR NAME AND ADDRESS P~CGRESSIVE FARMS o~, BOX z~o : L ' / .)u ...J DY'.::KS J co r.01 ")' 0 .!.U B. OWNER NAME AND ADDRESS CITY OF ENGL EWOOD 34 00 s E~Ar r SrR ENGL~wooo, CO 80110 C. NAME AND ADDRESS CITY OF LI TTLET ON 22455 1i 3 ER RY AvE LITTLETON1 CO 80 163 14. CCC USE ONLY -Payments according to th e shares are approved. SIGNATURE 0 % \SOCIAL SECURITY NUMBER !SIGNATURE U O/o I !SIGNATURE OF CCC REPRESENTATIVE DATE \DATE NOTE : Th e tollowmg statement is maae i n accor<Jance wir/'I the Privacy Act of 1974 15 USC 5 52aJ and the Paperwor( Reduction Act of 1995, as amendt:d. The authonry for requesting the f ollowing information is the Food Security Act of 1985. /Pub. L. 99-1981, as amended, and regulati ons promulgated at 7 CF.~ PART 1410 and the Internal Revenue Code !26 USC 61091. The i nformation requested is necessary for CCC to consider and process the oifer to enrer i nto a Conservation Reserve Program Contract, to assist i n derermming eligibility, _and_ ~o .. determine me correct pani es to the contract. Furnishing the requested i nformation is voluntary. Failure to f urnish the requested information will result in determination of mellgiblliry for certain orogram benefits and o ther financial assistance administered by USDA agenc y. i"Ns information may be oro wded to other agencies, IRS, Oepanment of Justice_ or other Sta te I and Fe deral Law enforcement agencies. and in resoonse to a court magistrate or adminis.rrstive tribunal. The provisions of criminal and civil fraud statute.!. including 18 USC 286, 28?. 371, 651 . 1001; 15 USC 714m; and 31USC3729. may be applicable to the informatinn provided. Federal Agencies may not conduct or sponsor. and a ptNSon is not r equired to respond ro , a collection of information unless it displays a currently valid OMS control number. Public . I reporting burden for this collection of i nformati on is estimated to avttrage 4 minutes per response, including th11 time for reviewing instructions, searching existing data ~urces~ !J61hef1ng and maintaining the d ata needed. and completing and reviewi ng the collecti on o f in fo rmati on . Send comments regar ding this ourden estimate or any other asa~ct of this collection of i nlormauon. i ncluaing suggestions for reducing this burden, t o OeportmeM of Agriculture. Clearance Officer, OIRM, /OMB N o. 0560-01251. STOP 7630, Washington, D. C. 2 0250-763 0. RETURN THIS COMPlETEO FORM TO YOUR COUIVTY FSA OFFICE. Tlus orogram or activ1ry will be conaucted on a nondiscrimmatoty basis without regard to race, CO/or. religion . national ongm, age. sex, marital status. or disability. OWNErt'S COPY ... -····-:t." ~ •. -• 7•"> ..... . :::: ... ~ . -. . -:·.-:::· . . ·, e l ; . I -... , '·, :~.· ·.,. __ _ ~::;~, --...:-· 1 ,' -i -. . COUNCIL COMMUNICATION Date Agenda Item Subject Progressive Farms Lease Amendment, Littleton/Englewood Beneficial August 18 , 1997 10 a ii Use Farm Initiated By Staff Sources Stewart H. Fonda, Director of Utilities Littleton/Englewood Wastewater Treatment Plant Charles J. Caudill Process Development Analyst COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance No. 2 , Series 1995/1996 , approving purchase and lease of 5760 acres of farm land in Arapahoe County . Ordinance No. 19, Series of 1997, approving oil and gas lease w ith J. Michae l McGhee. RECOMMENDED ACTION The recommended action is to approve by Ordinance an amendment to the Beneficial Use Farm -Progressive Farms Lease for a portion of the farm (Linnebur Farm) to be placed in the U.S. Department of Agriculture Conservation Reserve Program (CRP). BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Cities of Englewood and Littleton own a total of 7040 acres of farmland to ensure stable and secure biosolids recycling for the Littleton/Englewood Wastewater Treatment Plant. The Plant staff would like to place a small portion (approximately 5%) of the 5760 acre Linnebur farm into the U.S Department of Agriculture Conservation Reserve Program. The proposed area is highly erodible and crop production is much lower than the farm average. The U.S. Department of Agriculture will pay an annual rental fee per acre for these highly erodible lands to be seeded and returned to grassland for a ten year conservation period . Biosolids may still be applied to the grass areas . The rental payments are made directly to the farmer and not the owner. The farmer will in turn rent these areas (through an amendment to the farm lease) in an amount equal to the annua l USDA CRP annua l payment. The tenant farmer (Progressive Farms) will plant the grass and maintain the area . FINANCIAL IMPACT The Littleton/Englewood annual proceeds from the USDA CRP program will total $23.70 per acre; whereas crop proceeds (at average farm yields and current prices) total $18.70 per acre annually. LIST OF ATTACHMENTS Littleton/Englewood -Progressive Farms Lease Agreement Amendment