1-RFP SBSRD-S-26-Q-0009 Basin Recreation Grazing Opportunity.pdf
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- Attached to
- GJ26-162 SBSRD Open Space Cattle Grazing and Pasture Management Services SBSRD-S-26-Q-0009
- Solicitation number
- GJ26-162
- Issued by
- Summit County, Utah
About this file
Summary
This is a Request for Proposals (RFP) issued by the Snyderville Basin Special Recreation District (SBSRD) for cattle grazing lease services on the Triangle and Gillmor parcels, located in Summit County, Utah. The District seeks a single qualified party to graze cattle on approximately 447 acres of open space in exchange for payment to the District. The selected grazer will be responsible for providing all labor, equipment, fencing, water, animal care, permits, and insurance required to conduct grazing operations. The RFP was released on June 5, 2026, with questions due by June 17, 2026, at 5:00 p.m. MST, and submissions due by June 25, 2026, at 5:00 p.m. MST to Contracting@basinrecreationutah.gov. The award approval is scheduled for July 9, 2026, at the SBSRD Board Meeting. The base lease term runs from September 1, 2026, through December 31, 2026, covering the grazing months of September, October, and November, with preparation work permitted outside these months only with prior District approval. The lease is renewable at the District's option for up to five additional years, with a potential final termination date of December 31, 2031. Grazing operations are limited to no more than 200 head of cattle and must comply with Good Agricultural Practices, including removal of livestock when vegetation is grazed to 3-4 inches and cessation of re-grazing until growth returns to 6-8 inches.
Submissions must consist of two separate volumes: Volume I (Qualifications and Grazing Plan) containing no pricing information, and Volume II (Fee Quote Form) containing the price per head of cattle payable to the District. Award selection will be made on a best-value basis using weighted evaluation criteria: Relevant Experience & References (40%), Approach to Grazing & Timeline (35%), and Fee Quote (25%). The fee scoring methodology awards full points to the highest offered price per head, with all other quotes earning proportional points based on the ratio to the highest bid. The property has no associated water rights, which the District reserves entirely; the grazer must provide all necessary water through approved methods. Additionally, portions of the property are subject to an Administrative Order on Consent and a Utah Voluntary Cleanup Agreement, and the District reserves the right to use the property for environmental remediation work. The grazer must obtain commercial general liability insurance of $2,000,000 combined single limit, naming the District as additional insured, and provide proof of E-Verify participation as required under Utah Code 63G-12-302. This is a best-value procurement conducted under the Utah Procurement Code (Title 63G, Chapter 6a) and applicable R33 administrative rules.
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Snyderville Basin Special Recreation District RFP SBSRD-S-26-Q-0009
SNYDERVILLE BASIN SPECIAL RECREATION DISTRICT
REQUEST FOR PROPOSALS (RFP)
Cattle Grazing Lease — Triangle & Gillmor Parcels
RFP Number SBSRD-S-26-Q-0009
RFP Title Cattle Grazing Lease — Triangle & Gillmor Parcels
Release Date Friday June 5th, 2026
Submission Deadline Thursday, June 25th, 2026, 5:00 p.m. MST
District Point of Contact Alex Bedrosian, Project Planning Supervisor
Submission Email Contracting@basinrecreationutah.gov
Public Notice Posted in the Utah Public Procurement Place (U3P) per Utah Code
§ 63G-6a-112.
Submission Checklist
Read Attachment C — the Lease the awarded party will sign. Review it now; do not fill in or sign it with your Submission.
☐ Two separate files: Volume I – Qualifications and Grazing Plan, and Volume II – Fee Quote.
No pricing anywhere in Volume I (pricing in Volume I may make the Submission non-responsive).
Volume I includes title page, legal status, qualifications/experience, grazing plan (fencing + water), 3 references, licensing/insurance evidence, and any exceptions.
Volume II is the completed Attachment B – Fee Quote Form (price per head, paid to the
District).
Both volumes attached to one email to Contracting@basinrecreationutah.gov before the deadline.
Contents
1. Purpose & Background
2. Submittal Guidelines
3. General Instructions and Requirements
4. Requests for Information, Communication, and Addenda
5. Selection Process and Evaluation Criteria
6. Proposed Selection and Schedule
Attachment A — Scope / Grazing Requirements
Attachment B — Fee Quote Form (Volume II)
Attachment C — Grazing Lease (Terms & Conditions)
Attachment D — Property Map
1. Purpose & Background
• The Snyderville Basin Special Recreation District (the “District”) is seeking a single party to graze cattle on approximately 447 acres of District open space known as the Triangle and
Gillmor parcels, in Summit County, Utah, in exchange for payment to the District. The selected party (the “Grazer”) shall provide all labor, equipment, fencing, water, animal care, permits, and insurance needed to perform the grazing under this RFP and the attached Lease (Attachment
C).
• The opportunity is a one-year grazing lease for the 2026 season, renewable at the District’s option for up to five (5) years total (through December 31, 2031).
• This is a best-value selection. The District will award to the responsible party whose responsive
Submission represents the best overall value, based on the criteria and weighting in Section 5.
• This RFP is issued under the Utah Procurement Code (Title 63G, Chapter 6a) and the applicable R33 administrative rules governing solicitation, evaluation, award, contract terms, and protected records.
2. Submittal Guidelines
• Submit a complete response addressing every element below. A submission that omits required information or materially deviates from this format may be found non-responsive.
• Submit two separate, labeled documents: Volume I – Qualifications and Grazing Plan, and
Volume II – Fee Quote. Fee information may appear only in Volume II; pricing in Volume I may render the quote non-responsive.
Volume I – Qualifications and Grazing Plan
a. Title page — legal name; any DBA; business and local office address; primary contact
(name, title, phone, email); project name; RFP No. SBSRD-S-26-Q-0009; submittal date.
b. Legal status and state of formation. A corporation states its state of incorporation; a partnership lists all partners; an LLC signs through its members or manager.
c. Qualifications and experience — your grazing operation, the number of cattle head proposed (not to exceed the Attachment A maximum), delivery and pick-up logistics, and animal care.
d. Grazing plan — your fencing plan and your plan to water the property and animals. The property has no associated water right (see Attachment A).
e. Licensing and insurance — Utah business license (if applicable); Workers’ Compensation certificate; and evidence you can provide the liability insurance required in Attachment A upon award.
f. Exceptions — state up front any RFP requirement or Lease term you cannot or will not meet: identify each, explain why, and propose an alternative. Anything not listed is deemed accepted; undisclosed exceptions may be grounds for rejection. Raise any Lease concerns here, not by editing Attachment C.
Volume II – Fee Quote
a. Complete Attachment B – Fee Quote Form, stated as a price per head of cattle for the grazing season.
3. General Instructions and Requirements
Submissions must be received no later than Thursday, June 25th, 2026, 5:00 p.m. MST. Late
Submissions will not be accepted.
• Submit by email to Contracting@basinrecreationutah.gov, with Volume I and Volume II as separate, clearly labeled attachments.
• Submissions remain valid and binding for ninety (90) days from the deadline unless extended by mutual written agreement.
• Do not complete or sign the Lease (Attachment C) with your Submission — it is for review only and is signed only by the awarded party, as written. The District will not entertain changes;
review its terms before submitting.
• You are responsible for reviewing all RFP documents and addenda. Report any errors, omissions, or conflicts promptly to the Point of Contact; they will be resolved by written addendum.
• Under Utah Code § 63G-12-302, the District cannot contract for services with a party that does not provide proof of registration and participation in a federal status-verification (E-Verify) system. Failure to provide this proof may be grounds for rejection.
• The District may reject any or all Submissions, waive informalities, request clarifications, negotiate with one or more parties, or cancel this RFP in whole or in part if in its best interest.
This RFP does not commit the District to allow grazing or to pay any Submission-preparation costs.
• Submissions are subject to GRAMA (Utah Code § 63G-2-101 et seq.). Clearly mark any portion claimed as protected (e.g., trade secret or business-confidential) per GRAMA and Utah Admin.
Rule R33-1.
4. Requests for Information, Communication, and Addenda
• Direct all communications regarding this RFP to Alex Bedrosian, Project Planning Supervisor, at contracting@basinrecreationutah.gov.
• Do not contact District Board members, employees, or agents about this RFP except through the Point of Contact. Unauthorized contact may result in disqualification.
• Submit all questions in email to the Point of Contact by Wednesday, June 17th, 2026, 5:00 p.m.
MST. Later questions may not be considered. The District will issue responses by the Friday of the week the question was submitted.
• The District will issue addenda as needed. Only written addenda issued by the District modify this RFP; all become part of it, and you are responsible for incorporating them.
5. Selection Process and Evaluation Criteria
• Submissions will be evaluated by a Selection Review Committee (“SRC”) of at least three
District-appointed members, each familiar with the requirements and free of conflicts of interest.
• This is a best-value selection. Volume I (Qualifications) is scored independently of Volume II
(Fee Quote); fee information is not released to the SRC until the qualifications evaluation is complete. The party with the highest total combined score will be selected for award.
Evaluation criteria and weighting:
Criterion Weight
Relevant Experience & References 40%
Approach to Grazing & Timeline 35%
Fee Quote (price per head) 25%
Each qualifications criterion is scored 0–5 (below) and converted to its weighted share: criterion points = (score ÷ 5) × weight. Example: an Experience score of 4 earns (4 ÷ 5) × 40 = 32 points.
Fee scoring. The Grazer pays the District, so the highest offered price per head earns the full 25 fee points; every other quote earns a proportional share:
Fee points = 25 × (your price per head ÷ highest price per head offered)
Example: if the highest quote is $100/head and yours is $80/head, you earn 25 × (80 ÷ 100) = 20 points.
Technical scoring (Volume I). Each qualifications criterion is scored:
• 5 – Excellent: exceeds requirements in a clear, measurable, beneficial way.
• 4 – Good: fully meets requirements and shows strengths that reduce risk or add value.
• 3 – Satisfactory: meets minimum requirements acceptably.
• 2 – Marginal: partially meets requirements, with weaknesses, omissions, or risks.
• 1 – Poor: fails to adequately meet requirements.
• 0 – Non-Responsive: does not address the criterion, or information is missing or insufficient.
• The District may treat as incomplete, and may reject or waive informalities in, any quote not prepared and submitted in accordance with this RFP.
6. Proposed Selection and Schedule
Event Date Time (MST)
RFP Issued Friday June 5th, 2026 —
Questions Due (via email) Wednesday, June 17th, 2026 5:00 p.m.
Q&A / Final Addendum Posted Thursday, June 18th, 2026 5:00 p.m.
Submissions Due Thursday, June 25th, 2026 5:00 p.m.
Submission Evaluation Friday, June 26th, 2026 —
Approval of Award at SBSRD Board Meeting Thursday, July 9th, 2026 —
Attachment A — Scope / Grazing Requirements
If anything, here conflicts with the body of this RFP, this Attachment governs. Detailed terms and conditions are in the Lease (Attachment C), provided for review; the property is shown on the
Property Map (Attachment D).
A.1 Property and Cattle Limit
• Graze no more than 200 head of cattle on approximately 447 acres in Summit County, Utah — the Triangle and Gillmor parcels: SS-57-1-B-X, SS-50, SS-56, SS-56-A-1-A, and SS-47 Lot 2
(see Attachment D — Property Map).
A.2 Grazing Period and Renewal
• The base term for Grazing runs September 1, 2026 through December 31, 2026, with grazing in September, October, and November. Preparatory work outside the grazing months is allowed only with the District’s prior written approval.
• The Lease is renewable at the District’s option for up to five (5) years total, through December
31, 2031.
• No property access will be provided unless agreed to by the parties beforehand.
A.3 Fencing, Water, and Land Stewardship
• The base term for 2026 for Irrigating runs July 15th, 2026 through December 31st, 2026. The
Grazer shall, at its sole expense, erect and maintain adequate fencing to contain livestock, using portable panels or electric fencing as needed, and remove them at the end of the term.
• The base term for following years for Irrigating runs May 1st through December 31st.
• The Submission must specify how the Grazer will water the property and animals. The property has no associated water right, and the District reserves all water and water rights (see
Attachment C).
• Remove livestock when vegetation is grazed down to 3–4 inches; do not re-graze until growth returns to 6–8 inches. Do not over-graze to bare soil. Comply with Good Agricultural Practices
(GAP).
• The District prefers part of the upland meadow remain in hay production, consistent with the property’s historical agricultural use. Parties are encouraged to address regenerative agriculture and soil health.
A.4 Compliance, Permits, and Personnel
• Portions of the property are subject to an Administrative Order on Consent and a Utah
Voluntary Cleanup Agreement. The District reserves the right to use the property for environmental remediation and may require livestock to be corralled for onsite work (see
Attachment C).
• The Grazer shall secure all necessary permits and approvals, and ensure all personnel are qualified through training and experience.
• Upon award, the Grazer shall carry commercial general liability insurance of $2,000,000 combined single limit, naming the District as additional insured, plus the automobile liability coverage stated in the Lease (Attachment C).
Attachment B — Fee Quote Form (Volume II)
Submit this form as a separate electronic document labeled “Volume II – Fee Quote.” State the price per head of cattle (no more than 200 head) that you are willing to pay to the District for the grazing season, September 1 through December 31, 2026, and irrigating July 15th through December
31st. Following years for the grazing season, September 1 through December 31, and irrigating
May 1st through December 31st. Exact dates may vary for the following for years. The District understands heard size may vary year to year as well.
Item Year 1 Year 2 Year 3 Year 4 Year 5
Offered price per head, per grazing season (paid to the District)
Proposed number of head (not to exceed 200)
Estimated total offered to the District (price/head × head)
Key assumptions or contingencies the District should be aware of:
Attachment C — Grazing Lease (Terms & Conditions)
For review only. This shows the terms the awarded party will sign. Do not fill in or sign it with your Submission — the District completes the blanks at award using the awarded Fee Quote.
TRIANGLE & GILLMOR GRAZING LEASE
THIS INDENTURE OF LEASE made as of ____________________, between the SNYDERVILLE
BASIN SPECIAL RECREATION DISTRICT (“Lessor”) and ________________________________
(“Lessee”).
1. Base Lease Terms
a) Premises Approximately 447 acres in Summit County, Utah. Parcels: SS-57-1-B-X, SS-50, SS-56, SS-56-A-1-A, and SS-47 Lot 2, as described on Exhibit A and shown on the Property Map. Property name: Triangle and Gillmor parcels.
b) Term One-year lease term, renewable at Lessor’s option for up to 5 years
(termination date 12/31/2031). Grazing months: September, October, November; preparatory work outside the grazing months is permitted with the parties’ prior written approval. Commencement: 9/01/26. Expiration:
12/31/26. Either party may terminate on 30 days’ written notice, except in an emergency as defined by Lessor.
c) Rent Annual Rental: $__________ (based on the awarded Fee Quote).
Payment schedule: $________ due at lease execution; $________ by
October 15; $________ by November 15. Paid to: Snyderville Basin
Special Recreation District, 5715 Trailside Drive, Park City, Utah 84098.
d) Lessor Addresses General correspondence: Snyderville Basin Special Recreation District, 5715 Trailside Drive, Park City, Utah 84098, Attn: District Director.
Property Manager: same address, Attn: Trails and Open Space Manager.
e) Lessee Name: __________________________ Address:
__________________________ Email: ____________________
Telephone: ____________
f) Insurance Commercial General Liability combined single limit: $2,000,000.00.
Automobile Liability: $__________.
g) Federal Tax ID Lessee FEIN: ____________________.
2. Leased Premises
In consideration of the rents and covenants reserved, Lessor leases to Lessee the land of the approximate acreage set forth in the Base Lease Terms, located in Summit County, Utah.
3. Term
The term of this Lease shall be the period set forth in the Base Lease Terms; “Commencement
Date” and “Expiration Date” mean the dates set forth there.
4. Rent
Lessee shall pay Lessor the rent set forth in the Base Lease Terms, on the payment schedule stated there.
5. Termination
Lessor may terminate this Lease as to all or any part of the Premises on the advance written notice set forth in the Base Lease Terms.
6. Insolvency
If Lessee becomes insolvent, is adjudged bankrupt, makes an assignment for the benefit of creditors, or an officer takes possession of the Premises under court process not stayed, quashed, or bonded within thirty (30) days of seizure, Lessor may, at its election, re-enter and repossess the
Premises as of its former estate, and this Lease shall terminate. Lessor shall comply with all legal requirements in exercising these rights.
7. Report
Lessee shall provide timely periodic reports as requested by the Property Manager, who may require verification of amounts with invoices, storage or sales receipts, and similar records.
8. Payment of Taxes
As a government entity, Lessor has no real estate taxes due on the Premises. Lessee shall take no action causing Lessor to incur additional tax liability, shall pay all taxes on its personal property kept on the Premises, and shall pay any tax imposed on rental payments or on the leasehold separate from ad valorem taxes of the real estate.
9. Use of Leased Premises
Lessee shall use the Premises only for grazing operations and for no other purpose without Lessor’s prior written consent. Without enlarging the permitted use, Lessee shall not, without the Property
Manager’s prior written consent (which may be withheld in Lessor’s sole discretion), allow: (i) any public or private nuisance; (ii) any activity that, in Lessor’s sole opinion, is noxious, unreasonably noisy, or offensive; (iii) any action that defaces, damages, or harms the Premises; (iv) any underground storage tank or above-ground non-leak-proof containers; (v) any contract (including with any vendor, processor, packager, or canner) without subordinating it to Lessor’s interest, notifying Lessor, and providing a fully executed copy; (vi) planting, growing, cultivating, harvesting, or selling any crop; or (vii) any conduct that, in Lessor’s sole opinion, is illegal, obscene, or morally offensive.
10. Ranching Practices
In addition to the other sections of this Lease, Lessee agrees as follows:
a. Lessee is aware of an Administrative Order on Consent for a portion of the property and a
Utah Voluntary Cleanup Agreement on another portion, and has been provided a copy of each.
b. Apply the principles of good husbandry at all times.
c. Limit cattle to no more than 200 head and comply with Good Agricultural Practices (GAP) within the dates in the Base Lease Terms.
d. Provide fresh water to livestock at all times; temporary above-ground troughs are allowed during grazing and shall be removed at the end of the term.
e. Keep fences, wells, pumps, and other improvements in at least as good repair as at commencement (ordinary wear, fire, or unavoidable destruction excepted), and in no case allow fences to be in a condition that lets livestock escape.
f. Use portable fence panels and/or electric fencing as needed to contain livestock, and remove them at the end of the term.
g. Prevent unnecessary waste, loss, or damage to Lessor’s property, and abate dust as required or encouraged by the governing authority.
h. Keep the Premises neat and orderly.
i. Perform no work on, and do not break up, established watercourses or ditches, and undertake no operation that will injure the Premises.
j. Do not disturb or plow land without the Property Manager’s consent.
k. Do not house vehicles or tractors in the barns, or keep inoperable vehicles on the Premises, without the Property Manager’s written permission.
l. Dispose of or use any hazardous materials in accordance with Section 26.
m. Remove livestock when vegetation is eaten down to 3–4 inches and do not re-graze until growth returns to at least 6–8 inches.
n. Set up no more than three (3) temporary catch pens or corrals of portable panels to gather livestock, and remove all panels, pens, and corrals at the end of the term.
o. Limit motorized access to a truck and trailer only, as necessary to pick up and drop off livestock.
p. Install a lock on the Premises gate only if daisy-chained with Lessor’s locks, with the code or key provided to Lessor.
q. Do not over-graze to the point of bare exposed soil, and comply with GAP.
r. Do not confine livestock in a manner defined by the EPA as an Animal Feeding Operation
(AFO) or Confined Animal Feeding Operation (CAFO).
s. Do not leave, dump, or bury any livestock on the Premises.
11. Reserved Limited Right of Entry
Lessor may enter the Premises at any reasonable time to view livestock, inspect vegetation, make repairs or improvements, or seed or apply fertilizer, provided the entry does not interfere with
Lessee’s occupancy.
12. Water
Lessor reserves all right, title, and interest in water and water rights appurtenant to the Premises. All wells, irrigation shares, water, and related permits and water rights appurtenant to or used in connection with the Premises shall be registered in Lessor’s name.
13. Encumbrance of Title
Nothing in this Lease authorizes Lessee to encumber or affect Lessor’s title or rights in the
Premises. All permitted repairs and alterations shall be paid for by Lessee in cash or its equivalent, and no contract, transfer, assignment, mortgage, judgment, mechanic’s, or other lien arising out of
Lessee’s transactions shall affect Lessor’s title or take precedence over Lessor’s rights.
14. Acceptance of Leased Premises
Lessee has examined the Premises and accepts it in its present “as is” condition, with all faults, and not based on any representation by Lessor as to its condition or suitability for Lessee’s intended use.
15. Expenses; Laws and Regulations
Lessee shall pay all operating expenses for the Premises and comply with all federal, state, and municipal laws, rules, regulations, and ordinances regarding the use and condition of the Premises.
16. Insurance
a. Lessee shall maintain commercial general liability insurance with bodily injury and property damage coverage acceptable to Lessor, naming Lessor as additional insured, at the combined single limit per occurrence in the Base Lease Terms, for the entire term, and shall furnish a certificate of insurance providing Lessor thirty (30) days’ prior notice of cancellation or material change.
b. Lessee assumes the risk of its use and operations on the Premises and is solely responsible for casualty insurance on its own personal property, which is not covered by any Lessor insurance.
17. Indemnities
During the term, Lessee shall indemnify and hold Lessor harmless from every loss, cost, damage, and expense (including reasonable attorney’s fees and court costs) arising from Lessee’s occupation or use of the Premises, and shall pay all reasonable expenses and attorney’s fees incurred by
Lessor if Lessee defaults under this paragraph. This indemnity specifically includes claims for damage to property of Lessor or others caused by Lessee’s livestock.
18. Surrender
On expiration or earlier termination, Lessee shall peacefully surrender the Premises in substantially the same condition as received (ordinary wear and tear for cattle operations excepted) and deliver all keys. Any crops or personal property remaining after the term shall, at Lessor’s election, become
Lessor’s property and be deemed abandoned under State law. Lessee waives all rights in the crops and to compensation for work or soil preparation, including under the doctrine of emblements.
Lessor may remove, store, sell, and dispose of any crops and personal property and retain the proceeds as allowed by law.
19. Waiver
Any waiver of a default in rent or other charges, or any failure by Lessor to enforce this Lease on a default, shall not be construed as creating a custom of deferring payment, modifying the Lease, a continuing waiver, a waiver of Lessor’s right to terminate, or a waiver of enforcement for any subsequent default.
20. Assigning and Subletting
Lessee shall not assign or sublet any portion of the Premises without Lessor’s written consent, which may be granted or withheld in its sole and absolute discretion. Consent to one assignment or sublease does not authorize a subsequent one; Lessee, the assignee, or sublessee must again obtain Lessor’s written consent.
21. Inspection at All Reasonable Times
Lessor may enter the Premises for inspection and any other proper purpose.
22. Abandonment of Leased Premises
If Lessee intends to vacate the Premises for more than twenty-one (21) days, Lessee shall notify
Lessor at least ten (10) days in advance. Vacating does not relieve Lessee of its obligations, including Section 10 (Ranching Practices). At the conclusion of the Lease, or if Lessee abandons, vacates, surrenders, or is dispossessed, any personal property left on the Premises shall be deemed abandoned at Lessor’s option.
23. Default
Failure of Lessee to perform any obligation is an Event of Default. Upon an Event of Default, Lessor shall:
a. For a money default, give Lessee ten (10) days’ written notice;
b. For any other non-emergency default, give Lessee thirty (30) days’ written notice;
c. For a default Lessor deems an emergency, give telephonic notice followed by written notice requiring immediate cure within a reasonable timeline stated in the notice.
If Lessee has not cured by the end of the notice period, Lessor may take any of the following actions, or any other remedy at law or equity:
i. Cure the default at Lessee’s expense, with Lessor’s costs becoming additional rent due within thirty (30) days of invoice;
ii. Terminate the Lease by written notice (absent written notice, no Lessor action is a termination);
iii. Re-enter and take possession, expelling Lessee, and relet the Premises without terminating the Lease, with Lessee liable for reletting costs and any rental shortfall through the remainder of the term;
iv. Bring an action to collect past-due rent and additional rent and for damages from Lessee’s breach;
v. Any combination of the foregoing and remedies at law or equity.
24. Attorney’s Fees
If either party commences legal proceedings against the other for a default or other relief and prevails, the non-prevailing party shall pay all expenses, including reasonable attorney’s fees and costs, including on appeal or in any bankruptcy or similar action. “Prevail” means to obtain substantially the relief sought.
25. Structures and Improvements
Lessee shall not erect or place any structures, buildings, or improvements (permanent or temporary), or alter existing structures, without Lessor’s prior written consent. On termination, all such structures, improvements, and alterations shall, at Lessor’s option, remain and become
Lessor’s sole property; if Lessor elects otherwise, Lessee shall remove them before expiration or within thirty (30) days after early termination.
26. Hazardous Materials / Poisons
a. Lessee covenants that neither it nor anyone acting under it will, by act or omission, cause or permit any Hazardous Materials or any poisons, herbicides, pesticides, fertilizers, or other foreign chemicals (“Poisons”) to be placed, held, released, or disposed of on or under the
Premises except as permitted here. “Hazardous Materials” has the broad meaning given under applicable Environmental Law, and “Release” means any actual or threatened spilling, leaking, discharging, escaping, dumping, or migrating of Hazardous Materials on or from the
Premises.
b. Lessee may store and use only herbicides, pesticides, fertilizers, or other substances approved by the U.S. and State Departments of Agriculture, in the minimal quantities required (“Permitted Materials”), applied in strict compliance with label or manufacturer instructions, and shall keep and provide application records on request. No experimental poisons, sewage sludge, soil sterilant, or organic material shall be applied without Lessor’s prior written consent; Lessor may require soil testing first.
c. Lessee shall not store gasoline or diesel fuel on the Premises without Lessor’s prior written consent. If consented, fuel shall be stored only in above-ground leak-proof containers within a proper containment structure, and all transfers shall comply with applicable law, with prudent measures to prevent soil contact.
d. On any Release of Hazardous Materials or Poisons (beyond permitted quantities) or any
Environmental Law violation, Lessee shall immediately notify Lessor. If caused by Lessee or its agents, Lessee shall, at its sole cost, comply with all Environmental Laws to remedy the situation — including site assessment, containment, and cleanup — and properly dispose of materials through licensed haulers and facilities, signing all required manifests as the transporter/generator. Lessee’s obligations under this Section survive expiration or termination of the Lease.
27. Reserved Rights
Lessor reserves the right to use all roads, ditches, canals, railways, pipelines, utility and irrigation facilities, and water-retention and storm/sewer facilities on the Premises, and reserves exclusive hunting, fishing, and trapping rights. Lessor may fence areas to protect wildlife migration; if that reduces Lessee’s acreage, Lessor will deduct a per-acre amount from the rent. Lessor also reserves all timber and all minerals and hydrocarbons (“Mineral Rights”), which are not part of the Premises, and Lessor or other Mineral Rights owners may enter to explore for and extract them. Lessor is not liable for, but will cooperate in seeking reimbursement for, damage caused by Mineral Rights holders.
28. Environmental Reservation
Lessor reserves the right to use any Premises property as necessary, in its sole discretion, to complete environmental remediation under the Administrative Order on Consent and/or the Utah
Voluntary Cleanup Agreement, and to require Lessee to corral livestock as necessary to allow onsite work. These reserved rights may interfere with Lessee’s occupancy.
29. Entire Agreement; Modifications
This Lease is the entire agreement between the parties. Any prior understanding or representation is not binding except as incorporated here. Any modification or additional obligation is binding only if in writing signed by both parties or their authorized representatives.
30. Identification Numbers
As Lessee is an organization with a Federal Tax ID number, that number is set forth in the Base
Lease Terms.
31. No Recourse
Any claim against Lessor is limited to the real property and improvements on the Premises. Lessee waives any claim or demand against any other Lessor assets unrelated to the Premises.
IN WITNESS WHEREOF, the parties have executed this Lease as of the date first written above.
LESSOR: Snyderville Basin Special Recreation District
By: ________________________________ Title: ____________________ Date: ____________
LESSEE: ________________________________
By: ________________________________ Title: ____________________ Date: ____________
Approved as to form: ________________________________, Summit County Civil Deputy Attorney
EXHIBIT A — LEGAL DESCRIPTION
SS-57-1-B-X (107.28 ac), SS-50 (130 ac), SS-56 (131.23 ac), SS-56-A-1-A (40.67 ac), and SS-47
Lot 2 (37.98 ac), Summit County, Utah — total 447.20 acres, more or less.
Attachment D — Property Map
The Triangle and Gillmor parcels are shown below. This map is provided for general reference;
parcel boundaries are governed by the legal description in Attachment C, Exhibit A.
File details come from the government source that posted it. Updated .