CL26-002 Agricultural Lease Bid Documents.pdf

City Hall | 212 SW 9th Street | Lawton, Oklahoma 73501 | 580-581-3328

WWW.LAWTONOK.GOV

CITY OF LAWTON

FINANCE DEPARTMENT

July 21, 2025

Interested Vendor:

SUBJECT: Special Instructions for Submission of Bid Packet

If you desire to submit a bid for CL26-002 Agricultural Lease for the Lawton Water Authority Properties this letter is provided to clarify problem areas.

The bid packet is composed of the following documents:

• Invitation for Bid and Contract with General Conditions for Submitting Proposals (Page 1, properly signed and notarized.)

• Affidavit for Payments in Excess of Twenty-Five Thousand Dollars ($25,000.00) (properly signed and notarized.)

• Contractor’s Certificate of Compliance with Non-Discrimination Provisions (properly signed)

• Department Specifications (with vendor’s comments, if applicable)

• Price Sheet (with vendor’s comments, if applicable)

• W-9 Form (properly signed)

All of these documents must be returned with your bid submission, properly signed or your bid shall not be considered.

Please, submit one (1) copy of any additional documentation such as descriptive literature, samples, material safety data sheets or references. Please, note that in some specifications, the submittal of the additional documents is required. If the documents are required, and are not submitted, your bid may be considered non-responsive.

Bid openings are held at 212 SW 9th Street Lawton, OK 73501 in the 3rd floor Finance Conference Room @ 2:00

pm. Bid results may be obtained by attending the bid opening, making a written request, and enclosing a stamped, self-addressed envelope, or by email. Bid results are not available by telephone. Please, specify if you desire the bid results, or the results of who received the contract. Contract award information will not be available until the City Council awards the contract. Information will be mailed or emailed to the requester.

Examine your bid packet carefully as soon as you receive it. If any of the requested items are missing or if you have questions about the bid packet, please email jose.cardenas@lawtonok.gov .

Sincerely, Jose Cardenas Contract Administrator, Financial Services mailto:jose.cardenas@lawtonok.gov

INVITATION TO BID

(Cover Sheet)

By the Lawton Water Authority As Trustee for and Lessee of the City of Lawton

MAIL SEALED BIDS TO:

City Clerk City of Lawton 219 SW 9th Street Lawton, OK 73501

DIRECT INQUIRIES TO:

Real Property Coordinator: Cindy Augustine Phone: 580-730-8013

Date Bid Typed:

July 18, 2025

Dates Bid Advertised:

July 23, 2025

No Bids Received After:

Bid Opening: August 6, 2025

Contract Number and Title: Requirements-type Contract: YES NO

Agricultural Lease for the Lawton Water Authority Properties

Contract Period:

5 Years Lessee Name and Point of Contact: Reason for No Bid:

Mailing Address: Terms:

City: State: Zip: Delivery:

Area Code and Phone Number: FAX Area Code and Phone Number:

Federal Employer Identification Number or Social Security Number

THIS BID INVALID IF NOT SIGNED AND NOTARIZED

AFFIDAVIT:

STATE OF________________________________COUNTY OF_______________________________, of lawful age, being first duly sworn, on oath says that:

1. Affiant is the duly authorized agent of the bidder/lessee and/or contractor submitting the competitive bid and executing the contract which is attached to this statement, and that as such agent Affiant has the authority to bind the bidder/lessee, whether an individual, partnership, or corporation, for the purpose of negotiating and entering into said agreement, and for certifying the facts pertaining to the existence of collusion among bidders and between bidders and officials or employees of the City of Lawton or the Lawton Water Authority, as well as facts pertaining to the giving or offering of things of value to government personnel in return for special consideration in the letting of any contract pursuant to the bid to which this statement is attached; 2. Affiant is fully aware of the facts and circumstances surrounding the making of the bid and/or the procurement of the contract to which this statement is attached and has been personally and directly involved in the proceedings leading to the submission of such bids; 3. Neither the bidder/lessee nor anyone subject to the bidder/lessee’s direction or control has been a party: a.

to any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding, b. to any collusion with any municipal official or employee or with any Lawton Water Authority official, or employee as to quantity, quality or price in the prospective contract, or as to any other terms of such prospective contract, c. in any discussions between bidders and any municipal official, Lawton Water Authority official concerning exchange of money or other thing of value for special consideration in the letting of a contract, nor

d. to paying, giving or donating or agreeing to pay, give or donate to any officer or employee of the City of Lawton, the Lawton Water Authority, any money or other thing of value, either directly or indirectly, in procuring the contract to which his statement is attached. 4. Affiant further agrees to be held personally liable in the event that Affiant has misrepresented the scope or extend of Affiant’s authority to bind the bidder herein, and to indemnify and hold harmless the City of Lawton, the Lawton Water Authority, their respective departments, boards, commissions, agencies, institutions, and all employees of the aforementioned from all damages based upon such misrepresentation, including but not limited to all costs and attorney fees incurred, in addition to any other remedies available by law.

Firm:________________________________________________

Address:_____________________________________________

(City, State, Zip)

Phone:_______________________________________________

SIGNATURE OF AUTHORIZED AGENT

PRINT/TYPE NAME/TITLE

Subscribed & sworn before me this ___ day of _______________, 20___.

Notary Public My Commission expires:_____________________________________________

General Conditions – Agricultural Leases Page 1 of 6

GENERAL CONDITIONS FOR BIDDING LEASE AGREEMENTS

WITH THE LAWTON WATER AUTHORITY,

CITY OF LAWTON, OKLAHOMA,

IN RESPONSE TO AN INVITATION TO BID

BIDS MUST ADHERE TO THE INSTRUCTIONS AND CONTRACTING

REQUIREMENTS SET FORTH IN THESE GENERAL CONDITIONS.

FAILURE TO COMPLY MAY RESULT IN REJECTION OF THE BID

OR TERMINATION OF ANY APPROVED CONTRACT.

1. INTRODUCTION: The Lawton Water Authority (the “Authority”), a public trust, on behalf of itself and its sole trust beneficiary, the City of Lawton, an Oklahoma municipal corporation, will receive sealed bids for agricultural leases of real property held in trust, administered and managed by the Authority on behalf of the City of Lawton. The agricultural leases offered include agreements either (i) for planting and harvesting cereal grain and forage crops purposes (“planting”), (ii) for cutting and baling purposes (“baling”), (iii) for pasture and grazing livestock purposes (“grazing”), or for some combination thereof. The contractual requirements of each of the three types of agricultural leases may vary. Terms and conditions of the lease are stated in a written lease agreement and further subject to applicable rules and regulations of City and statutes of the State of Oklahoma now in force, or hereafter adopted. All leases will have a five (5) year term and will provide for an annual cash rental. The Lessee shall not spray, apply, or treat the leased areas with any chemicals without obtaining prior written approval of the specific chemical.

2. SEALED BIDS: You must execute all bid documents and must submit them in a sealed envelope.

The face of the envelope shall contain the date and time of the bid opening and the contract number and title shown on the Invitation to Bid cover sheet. Your submitted bids must comply with the instructions and requirements contained in the bid packet and you must supply the requested documentation and executed forms within the sealed envelope. Bid submissions that do not comply with the conditions and instructions of this invitation to bid are subject to rejection.

3. BID SUBMISSION: The Authority will receive bid submissions at the Office of the City Clerk, located in City Hall, 212 SW 9th Street, Lawton, Oklahoma, 73501, until the date and time stated on the Invitation to Bid cover sheet. Any prospective bidder/lessee may obtain a bid packet at the Office of the City Clerk, located in City Hall, 212 SW 9th Street, Lawton, Oklahoma, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. The bid packet contains the following documents:

(1) Invitation to Bid cover sheet; (2) this General Conditions for Bidding document; (3) a sample of the lease agreement; (4) the Bid Sheet; (5) an Affidavit for Payments in Excess of $25,000; (6) a No Bid statement form; and such other forms provided with your bid packet as may be appropriate for your bid submission. You must carefully follow all instructions, provide all required documents and return all required forms and papers with your bid submissions. Deviation from these instructions may result in the rejection of your bid. The Lawton Water Authority, in its sole discretion, shall make any final determination regarding bid submissions conforming to these instructions.

4. DELIVERY OF SEALED BIDS: Bidders must submit all bids by personal delivery, US Postal Service or common carrier. Bids submitted by mail or common carrier must be delivered and be in the hands of the City Clerk before the stated date and time for submitting bids shown on the Invitation

General Conditions – Agricultural Leases Page 2 of 6 to Bid cover sheet. Late bid submissions will not be considered. Bids sent by telegram, facsimile or telephone are not acceptable.

5. EXECUTION OF BID: Bids must contain an original signature of authorized representative in the space provided on the Invitation to Bid cover sheet. You must also execute the Bid Sheet as instructed thereon and execute and return the other forms supplied with the bid packet as applicable.

All bid documents submitted must be typed or printed in ink. You may not use erasable ink. You must initial and date any corrections to any portion of the bid prices prior to the bid submission deadline. Do not use white out, correction tape or some other method of masking a correction.

6. NO BID: If you are not submitting any bid pursuant to this invitation to bid, respond by returning the “No Bid Statement” form executed as directed thereon. Failure to submit a bid three (3) times in succession shall be cause for removal of the bidder/vendor’s name from the Authority’s mailing list without further notice. To qualify as having responded, bidder/lessee must submit a “NO BID” statement, and the City Clerk must receive it by the date and time for submitting bids. If you do make a bid on any of the lease properties, do not return the No Bid statement.

7. BID OPENING: The Lawton City Clerk will open the bids on the date and at the time specified in the Invitation to Bid cover sheet. The Lawton Water Authority will not provide bid tabulations by telephone or facsimile. The Lawton Water Authority will provide bid tabulations by mail to any bidder/lessee upon written request. Bid documents are the property of the Lawton Water Authority and are subject to the Oklahoma Open Records Act. Any person may examine bid files after the date and time of bid opening during normal working hours by appointment.

8. WITHDRAWAL OF BID: You may withdraw your bid at any time prior to the date and time of the bid opening. Thereafter, all bids are firm and valid until the Authority awards the lease contracts.

9. AWARDS:

a) The Lawton Water Authority reserves the right to:

i) Award by individual item, group of items, all or none, or a combination thereof.

ii) Award based upon a geographical basis with one or more bidders/lessees.

iii) To reject any and all bids or waive any minor irregularity or technicality in bids received.

b) Bidder/lessee must make no assumptions regarding success on the awarding of any contract.

The Lawton Water Authority reserves the right to add or delete any item from any contract awarded when deemed to be in the Lawton Water Authority’s best interest.

10. ACCEPTANCE OF CONTRACT: A bidder/lessee’s bid will only be considered accepted when it is approved by the governing bodies of the Lawton Water Authority and the City of Lawton and properly attested documentation of the same is executed by the Chair and Mayor of those bodies on their behalf.

11. PRICES AND TERMS: Bid prices shall be valid for a minimum of sixty (60) days from the date of bid opening.

12. PAYMENT: Bidder/lessee shall make payment of annual rental as provided in the lease agreement document.

General Conditions – Agricultural Leases Page 3 of 6

13. WAIVER: The Lawton Water Authority reserves the right to waive any term, condition or minor deviation in the submitted bids or any minor irregularity in the bidding process when considered to be in the best interest of the Lawton Water Authority. The Authority is the sole judge in these matters.

14. MISTAKES: Bidder/vendors must carefully examine the lease property, the legal description, lease agreement terms and provisions, bid prices, these General Conditions, and all other documents and instructions pertaining to invitation to bid. Failure to do so will be at the bidder/lessee’s risk.

15. OBJECTIONS/CHALLENGE: Any objection or challenge to the terms, requirements or subject matter of this invitation to bid must be indicated separate written letter from the bidder/lessees. The bidder/lessee should cause this letter to be delivered to the Lawton City Clerk at least seven (7) calendar days prior to the date and time for submitting bids. The envelope containing the letter must be marked in such a way as to alert the City Clerk of the urgency of the matter so that the City Clerk may immediately notify the Purchasing Division. The envelope containing the objection/challenge must be marked indicating that the content is a challenge to this invitation to bid and identifying the contract number and title. For all challenges considered valid by the Purchasing Supervisor, all bidder/lessees having received a bid packet, to include those who have already submitted bids, will be provided an addendum which addresses the challenge. Challenges/Objections not considered valid will be so stated to the objecting party.

16. REMEDIES: After the Authority awards a lease contract, the bidder/lessee’s failure to perform authorizes the Lawton Water Authority to seek replacement tenants or services elsewhere and to seek legal remedies against the defaulting bidder/lessee. The Lawton Water Authority may further exercise all remedies, or any one or more of them, available at law or in equity.

17. LIABILITY: The bidder/lessee shall indemnify, hold and save the Lawton Water Authority and the City of Lawton, their respective departments, boards, commissions, agencies, institutions and all employees of the aforementioned harmless against the claims by third parties resulting from the bidder/lessee’s breach of any contract resulting from the acceptance of a bid or the bidder/lessee’s negligence.

18. PRICE ADJUSTMENTS: Price increases and other increases in the cost of doing business MAY NOT be passed on to the Lawton Water Authority, its departments, boards, commissions, agencies, institutions and all employees of the aforementioned, nor may the bidder/lessee withdraw or cancel the contract, or any part of the contract for these reasons. Bidder/lessees may only cancel the contract pursuant to the cancellation clause in the lease agreement document, and then only if the bidder/lessee has fulfilled its contractual obligations as provided therein. Bids which reflect that the price of an item is based upon “market price” or is “subject to increase” based upon some event, or otherwise indicates that prices reflected are infirm or subject to change will be deemed non-conforming unless the bid specifications specifically provide for price escalation.

19. CONFLICT OF INTEREST: This invitation to bid process is subject to the provisions of City of Lawton Charter, the City Code, the Lawton Water Authority’s chartering documents and by-laws as amended, and any and all memorandums of understanding or agreements made by and between the City of Lawton and the Lawton Water Authority. All bidder/lessees must disclose with the bid the name of any officer, director or agent who is also an employee of the City of Lawton or any of its agencies or subdivisions or who is an employee or commissioner of the Lawton Water Authority.

Further, all bidder/lessees must disclose the name of any City employee or any employee or commissioner of the Lawton Water Authority who owns, directly or indirectly, an interest of five percent (5%) or more in the bidder/lessee’s firm or any of its branches.

General Conditions – Agricultural Leases Page 4 of 6

20. PATENTS AND ROYALTIES: The bidder/lessee, without exception, shall indemnify and save harmless the City of Lawton, the Lawton Water Authority, their respective departments, boards, commissions, agencies, institutions and all employees of the aforementioned from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention process, or article manufactured or used in the performance of the contract including its use by the Lawton Water Authority. If the bidder/lessee uses any design, device or materials covered by license, patent, or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or cost rising from the use of such design, device, or materials in any way involved in the work.

21. FACILITIES: the Lawton Water Authority reserves the right to inspect the bidder/lessee’s facilities on the property under lease at any time without prior notice.

22. BANKRUPTCY: If the bidder/lessee becomes bankrupt or insolvent, or if a petition in bankruptcy is filed against the bidder/lessee, or if a receiver is appointed for the bidder/lessee, the Lawton Water Authority shall have the right to terminate any contract resulting from the acceptance of a bid upon written notice to the bidder/lessee without prejudice to any claim for damages or any other right of the Lawton Water Authority under such contract to the time of such termination.

23. ASSIGNMENT: The bidder/lessee shall not assign any contract resulting from the acceptance of a bid, nor sub-let all or any portion of the lease property, without written consent of the Lawton Water Authority.

24. INSURANCE: Unless otherwise specifically stated, proof of the following types and amounts of insurance shall be furnished to the Lawton Water Authority, showing the Lawton Water Authority and the City of Lawton as an additional insured thereunder without cost to the Lawton Water Authority or the City of Lawton as part of the awarding of any contract.

a) General Liability: The bidder/lessee shall procure and maintain in full force and effect, for the term of the contract, a policy or policies under a comprehensive form as required by state law. In addition, the bidder/lessee shall have, during the term of the contract, insurance in the minimum amount of twenty-five thousand dollars ($25,000) property damages, arising from a single occurrence, one hundred twenty-five thousand dollars ($125,000) for personal injuries arising from a single occurrence, and one million dollars ($1,000,000) for any number of claims arising out of a single occurrence or accident. This policy or policies shall hold harmless and indemnify the Lawton Water Authority, its departments, boards, commissions, agencies, institutions and all employees of the aforementioned. The bidder/lessee shall maintain with the City Clerk or other the Lawton Water Authority designee a current certificate showing that the bidder/lessee has in force and affect such insurance.

b) Automobile Insurance: The bidder/lessee shall procure and maintain in full force and effect, for the term of the contract, vehicle liability coverage in the minimum amount of twenty-five thousand dollars ($25,000) property damages, arising from a single occurrence, one hundred twenty-five thousand dollars ($125,000) for personal injuries arising from a single occurrence, and one million dollars ($1,000,000) for any number of claims arising out of a single occurrence or accident. If higher coverage is required by any regulatory entity with oversight of the bidder/lessee’s business, the Lawton City Code, or other authority, then proof of the higher coverage must be provided. This policy or policies shall hold harmless and indemnify the Lawton Water Authority, its departments, boards, commissions, agencies, institutions and all employees of the aforementioned. The bidder/lessee shall maintain with

General Conditions – Agricultural Leases Page 5 of 6 the City Clerk or other the Lawton Water Authority designee a current certificate showing that the bidder/lessee has in force and affect such insurance.

c) Worker’s Compensation: The bidder/lessee shall procure and maintain in full force and effect for the term of the contract, full workers’ compensation insurance in accordance with the laws of the State of Oklahoma to protect the bidder/lessor and the Lawton Water Authority against liability under the workers’ compensation and occupational disease statutes of the State of Oklahoma. The bidder/lessee shall maintain with the City Clerk or other the Lawton Water Authority designee a current certificate showing that the bidder/lessee has in force and affect such insurance.

25. TIME OF ESSENCE: Unless otherwise specifically provided, time is of the essence in the performance of this Agreement and of every covenant, term, condition and provision thereof.

a) When time is of the essence, bidder/lessee specifically agrees that it shall be liable for failure to perform or delay in performing occasioned by and including, without limitations, strikes, lock-outs, inability to obtain materials or shipping space, breakdowns, delays by other carrier’s or suppliers, and pre-existing regulations of the federal and state government or any subdivisions thereof.

b) When time is not of the essence, the contract shall be inoperative during such period of time that aforesaid performance or acceptance may be rendered impossible by reason of fire, strike, Acts of God, or government regulation. Provided, however, to the extent that the bidder/lessee has any commercially reasonable alternative method of performing the contract by purchase on the market or otherwise, the bidder/lessee shall not be freed of his obligation hereunder by this clause.

26. NON-DISCRIMINATION: Bidder/lessee agrees in connection with the performance of work under any contract entered into as a result of a bidder/lessee submitting a bid that the following shall apply:

a) Bidder/lessee will not discriminate against any employee or applicant for employment because of race, creed, color, sex, national origin, ancestry, or physical or mental impairment.

The bidder/lessee shall take affirmative action to ensure that employees are treated without regard to their race, creed, color, sex, national origin, ancestry or physical or mental impairment. Such actions shall include, but not be limited to the following: employment, lay-off, termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The bidder/lessee agrees to post in a conspicuous place available to employees and applicants for employment, notices setting forth provisions of this selection.

b) The bidder/lessee agrees to include this non-discrimination clause in any subcontract connected with the performance of any contract awarded by the Lawton Water Authority.

c) In the event of the bidder/lessee’s non-compliance with these nondiscrimination requirements, any contract awarded may be terminated immediately and the bidder/lessee may be declared ineligible for further contracts with the Lawton Water Authority until satisfactory proof of intent to comply is made by the bidder/lessee.

The bidder/lessee agrees to execute a “Certificate on Non-Discrimination” form approved by the Authority.

General Conditions – Agricultural Leases Page 6 of 6

27. DISTRIBUTION OF CONTRACT: The Lawton Water Authority will furnish one (1) copy of any contract entered into, or award letter granted, as a result of this invitation to bid to each successful bidder/lessee. The bidder/lessee shall be responsible to reproduce and distribute copies of the contract documents to all co-lessees. No bidder/lessee shall make additions, deletions or charges of any kind to any contract awarded.

28. ADVERTISING: By submitting a bid, bidder/lessee agrees not to use the award of any contract as a part of any commercial advertising.

29. TERMINATION FOR CONVENIENCE OF THE LAWTON WATER AUTHORITY: The Lawton Water Authority may terminate any contract resulting from submitting a bid, in whole or in part, as provided in the lease agreement document whenever the Lawton Water Authority determines such action in its best interest.

30. VENUE: The laws of the State of Oklahoma shall govern any contract resulting from submitting a bid venue for any dispute or enforcement action arising from such contract shall lie in the district courts of Comanche County, Oklahoma.

31. INTEGRATED AGREEMENT: These General Conditions, together with other documents, and instruction provided in the bid packet for this invitation to bid, any attachments hereto, and to further include all exhibits, attachments, designations, additional regulations, and like matters referred to therein, shall collectively constitute the entire agreement between the Lawton Water Authority and the successful bidder/lessee. The provisions of these collective instruments shall survive the award and execution of the lease agreement and shall be come part and parcel thereof as if fully set forth and incorporated therein. In the event that a conflict arises between the bidder/lessee’s bid documentation and these General Conditions and related documents, then these General Conditions and related documents shall govern the conflict unless contrary to good reason and judgment or specific exception is taken thereto and clearly indicated in writing in the bidder/vendor’s bid. The terms and provisions of the agreement made by and between the Authority and the successful bidder/lessee, once executed by both parties, may not be modified except in writing signed by both parties.

CONTRACTOR’S CERTIFICATE OF COMPLIANCE

WITH NON-DISCRIMINATION PROVISIONS OF THE CONTRACT

In accordance with the provisions of this Contract relating to non-discrimination, it is hereby certified that I/we have complied with the provisions of Section 10-1-112 of the Code of Ordinances of the City of Lawton in the performance of any work in connection with this Contract.

Contract Number Name of Contractor (Print)

Date Signature, Member of Firm or Officer of Corporation

Title

CITY OF LAWTON

212 SW 9th Street

Lawton, Oklahoma 73501

(580) 581-3500

THE LAWTON WATER AUTHORITY

AGRICULTURAL LEASE AGREEMENT

WITNESSTH

In consideration of the covenants, agreements, conditions and regulations hereinafter set forth, this agricultural lease agreement, is made this the _____ day of _____________________, 2025 by and between the Lawton Water Authority (the “Authority”), a public trust, on behalf of itself and of its principal beneficiary, the City of Lawton, Oklahoma (the “City”), parties of the first part and __________________________________ (the “Lessee”), party of the second part.

WHEREAS

The Authority controls, administers and manages by separate lease agreement with the City certain real property (described herein as the “Property”) on behalf of its principal beneficiary, the City of Lawton, Oklahoma.

The Authority offered to lease the Property for agricultural purposes under certain terms and condition as set forth in this agreement.

By a process of competitive bidding, the Authority approved and awarded the making of this agreement with the Lessee as the highest and best bidding candidate.

NOW, THEREFORE,

The parties hereto do hereby state, acknowledge and agree as follows:

PREMISES

1. Devise: The Authority, does by these presents devise, lease, and let unto the Lessee that certain real property (the “Property”) described in the Exhibit “A” and depicted in the Exhibit “B” attached hereto and hereby incorporated into and made a part hereof by reference as if fully set forth herein.

2. Use: The Exhibit “A” designates the use of the Property as either (i) for planting and harvesting cereal grain and forage crops purposes (“planting”), (ii) for cutting and baling purposes (“baling”), (iii) for pasture and grazing livestock purposes (“grazing”), or for some combination thereof. The use of the Property shall be for the designated purpose and for no other. The Exhibit “B” depicts the legal boundary of the Property and delineates the usable acres of the Property.

3. No Warranties: The Lessee has inspected the Property, knows its condition, and accepts same without any representation or warranties whatsoever and without obligation on the part of the Authority make any alterations, repairs or additions thereto. The Lessee shall know the boundaries of the Property and shall conduct all operations within these boundaries.

4. Lakes & Shores: This lease shall not include any of the surface area of any adjacent lake or reservoir, or any stream or other tributary thereto, the ground underlying same and the air above same.

5. Mineral Rights: This lease is subject to all outstanding mineral interests. The Authority reserves and excepts to itself, the City of Lawton, its other lessees, permittees and assigns, an easement with right of ingress and egress for purpose of exploring, drilling, developing and operating on premises, including installation of pipelines, machinery, storage tanks and other equipment, necessary for production, storage, transportation and marketing of oil and gas and coal, copper or other minerals of any kind or nature and their components which may be produced from the Property or from other premises owned or held by the Authority, or pooled with such property.

6. Easements: This lease is subject to all existing easements, to those subsequently granted, as well as to established access routes for roadways and utilities located, or to be located, on, in, under, above or across the Property. The Authority reserves and excepts to itself, its agents, licensees, permittees, and assigns, as well as those of the City of Lawton, an access easement to other adjacent or nearby property held by the Authority and the City of Lawton. The Authority reserves the right to grant easements for access and other purposes across the Property.

7. Recreational Use: This lease is subject to free public use for all hunting, fishing and recreational activities offered and administered by the City of Lawton. The Lessee will cooperate in programs for the management and improvement of fish, wildlife and recreation as directed by the Authority or the City of Lawton. Without limiting the generality of the forgoing two sentences, persons having proper and valid hunting and fishing permits and licenses from the State of Oklahoma and the City of Lawton shall be permitted to hunt or fish upon or from the Property during lawful seasons and at lawful times as approved by the City of Lawton. Further, the Lessee shall permit such persons to cross the Property to access adjacent or nearby lands held or owned by the Authority or the City of Lawton. Neither the Authority nor the City of Lawton shall have any liability for any damages to crops, hay fields, livestock, equipment, improvements or persons that the Lessee may suffer because of these permitted activities.

8. Other Rights Reserved: This lease is subject to the right of the Authority and the City to enter upon the Property at any time necessary or convenient in connection for any government purposes. Without limiting the generality of the foregoing, this right includes the following: to make inspections; to remove timber or other materials, except property of the Lessee; to mine coal, ores, metals, oil, gas, stone, sand, gravel, and any and all other minerals; to flood the premises; to manipulate the level of any lake or reservoir, or any stream or other tributary thereto, in any manner whatsoever, and/or to make any other use of the lands as may be necessary in connection with government purposes. The Lessee shall have no claims for damages on account thereof against the Authority or the City or any officer, agent or employee thereof. The Lessee expressly agrees to make no claim under flood insurance issued under any federal government program for loss to any property of the Lessee located on the premises arising from or incident to flooding of the Property.

TERM & RENTAL

9. Term: The Authority does hereby devise, lease and let the Property to the Lessee for a term of five (5) years beginning on the 1st day of October 2025 and ending on the 30th day of September, 2030. Upon the ending of this term, the Lessee’s tenancy shall expire without further notice.

Except by written agreement executed by both parties, this lease may not be extended or renewed. No holding over by the Lessee shall be construed as an extension or renewal of this lease.

10. Rental: As rental for the Property, including all improvements thereon, the Lessee shall pay the Authority in advance the sum of $_____________ per year at the Authority’s place of business as stated herein for giving the Authority notice. Lessee shall pay the first annual rental on or before the 1st day of October 2025. Thereafter, Lessee shall pay the annual rental in advance on or before the 1st day of October of each year thereafter during the term of this lease.

11. Past Due Rents: All rent and other payments required under the terms of this lease must be submitted in full on or before the designated due date to avoid administrative and interest charges. An administrative fee of fifty dollars ($50.00) will be assessed for each overdue rental or other payment to cover processing and handling expenses. Additionally, for payments that are more than fifteen (15) days past due, an extra charge of fifteen percent (15%) will be applied.

GENERAL CONDITIONS

12. Stewardship: In all cases, in every manner, and at all times whatsoever, the Lessee shall preserve, maintain and protect the Property and exercise exceptional stewardship in all agricultural practices thereon. Without limiting the generality of the foregoing sentence, the Lessee agrees to be bound as follows:

12.1. Repairs & Maintenance: The Lessee shall keep the Property and all improvements and appurtenances thereto belonging in good order and in a clean, safe condition by and at the expense of the Lessee. The Lessee shall be responsible for any damage to same caused by the activities of the Lessee. The Lessee shall promptly repair or replace to the Authority’s satisfaction any property of the Authority or the City damaged or destroyed by the Lessee, or at the Authority election, the Lessee shall reimburse the Authority in an amount necessary to restore or replace the property. The Lessee shall act to keep crop fields, hay meadows and pastures clear of obstructions (e.g., fallen trees, limbs, trash, junk, debris, et cetera) which may interfere with current and future agriculture practices.

12.2. Fire: The Lessee shall exercise due diligence in the protection of all property located on the leased premises against fire or damage from any and all other causes. Without limiting the generality of the foregoing sentence, the Lessee shall kindle no fires and shall take reasonable precaution to prevent grass fires, forest fires and the like.

12.3. Pollution: The Lessee shall protect the Property and adjacent lands and bodies of water against pollution of air, ground and water. The Lessee shall comply with any laws, regulations, conditions or instructions issued by the Environmental Protection Agency, the Oklahoma Department of Environmental Quality, or any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution.

12.4. Preservation: The Lessee shall not allow on the Property any operation or practice likely to produce or promote the following: barren or blowing top soil; hardpan or capped soil;

loss or waning of flora or fauna; loss or waning of species diversity; loss of soil moisture;

disease in flora or fauna; infestation of damaging insects, noxious weeds or invasive vegetation; overgrazing; overcutting. Lessee shall not, without prior written permission from the Authority, either: irrigate; cut trees or timber; burn cropland residues, fence rows, native grass or improved pastures; remove soil, stone or minerals; permit waste, trespass, trash disposal, littering or erosion; conduct mining operations within or upon the Property; or undertake any activity other than or not directly related to, the permitted use of the Property.

12.5. No Tillage: Except where this agreement designates the use of the usable acreage for planting and harvesting, Lessee shall not till or cultivate any part of the Property except where the Authority specifically designates and approves in writing. Any unauthorized tillage or cultivation shall result in the immediate cancellation of this lease agreement.

Immediate cancellation means effective upon the day of giving notice and notwithstanding any provision for giving thirty (30) days notice as elsewhere stated herein. The Lessee shall be liable for damages for such tillage.

12.6. Fencing Livestock: Where this agreement designates the use of the Property for pasture and grazing of livestock, the Lessee shall install and maintain at Lessee’s expense suitable fencing as approved by the Authority. The fencing shall constitute a permanent fixture upon the Property at the end of this lease without cost to the Authority. The Lessee shall establish and maintain fencing along the shoreline of any lake or reservoir, or any stream or other tributary thereto, as well as around the perimeter of the Property, to contain any livestock within a pasture and to exclude livestock from directly accessing the those bodies of water.

12.7. Invasive Plants: The Lessee will clean all equipment before entering the Property to prevent transfer of noxious weeds and invasive vegetation into the Property.

12.8. Soil Erosion: The Lessee shall prevent and control soil erosion upon the Property and adjacent lands. The Lessee shall maintain to the Authority’s satisfaction all soil and water conservation structures in existence upon the Property at the beginning of the lease term or thereafter constructed during the term of this lease. The Lessee shall not in any manner substantially change the contour or conditions of the Property except when carrying out soil and water conservation measures as approved in writing by the Authority prior to execution of such changes. The Lessee shall correct as directed by the Authority any soil erosion occurring outside the Property resulting from the activities of the Lessee. The Lessee shall promptly advise the Authority of any desirable or beneficial conservation measure that may be undertaken upon the Property.

12.9. Chemicals: Lessee shall not spray or treat for the elimination or control of weeds or other noxious or invasive flora or fauna in any native grass, wild or wooded areas. Lessee shall not apply any fertilizer, pesticide, herbicide or other chemical spray or treatment without the prior approval of the Authority. The request for such approval shall be in writing and include the product name, EPA number, formulation, pounds of active ingredient to be used, shall include the location and acreage to be sprayed or treated, and shall include the applicator name, address, telephone number and certification number. Approval to apply any spray or other treatment is not guaranteed. The Lessee shall not utilize any aerial application whatsoever. Spot spraying for noxious weeds or invasive vegetation (i.e.

musk thistle, mesquite trees) with a hand, backpack or similar sprayer may be approved.

Lessee shall be responsible for any damage resulting from the use of any fertilizer, pesticide, herbicide or chemical spray or treatment, either on or off the leased premises.

Using a chemical without obtaining prior written approval may result in immediate termination of the lease, with no refund for any remaining paid lease period.

12.10. Hazardous Materials. The Lessee shall prevent the discharge, disposal, storage or application of any toxic or hazardous materials within or upon the Property.

12.11. Contamination of Waters: The Lessee shall not discharge, dispose, store or apply any waste or effluent, or any other substance, chemical or material, within, upon or from the Property in such a manner that will contaminate streams or other bodies of water or otherwise become a public nuisance.

12.12. Historical Artifacts: The Lessee shall not remove or disturb, or cause or permit the removal or disturbance of, any historical, archeological, architectural or other cultural artifacts, relics, remains or objects of antiquity. In the event the Lessee or any other person discovers such items on the Property, the Lessee shall immediately notify the Authority and protect the site and the material from further disturbance until the Authority directs otherwise.

12.13. Residency: The Lessee shall not establish a residence or reside in temporary quarters upon the Property.

12.14. Signage: The Lessee shall not post any signs or warnings that may discourage the public from utilizing the Property for recreational purposes or otherwise suggest that the Property is anything other than public property. Such signage would include, but not be limited to, signs and warnings of the following types: “No Hunting”; “No Fishing”; “No Trespassing”; “Private Property”; “Private Road”; “Trespassers Will Be Used for Target Practice”; “Keep Out”; “Property Under Surveillance”; and the like.

12.15. Unlawful Activities: The Lessee shall not commit or allow any unlawful acts, activities or nuisances upon the Property.

13. Supervision & Regulation: The Lessee accepts the use and occupation of the Property subject to the general supervision, inspection and approval of the Authority and the City. The Authority or the City may from time to time prescribe reasonable rules and regulations for use and occupation of the Property by the Lessee and the same shall be binding on the Lessee. Such rules and regulations as made, amended and modified from time to time may be attached hereto as Exhibit “C”, labeled as an addendum to this lease agreement, and the same shall thereby be incorporated by reference as if fully set forth herein, provided that the Authority has first given the Lessee notice of same. The Authority may enter upon the Property at any time for inspection, supervision and exercise of rights reserved to the Authority. The Lessee shall meet with the Authority upon its request as necessary to discuss agricultural operations and related problems, lease improvement practices and other general items of interest to both parties.

14. Locks on Gates: The Lessee may not place locks on any gates to the Property without the prior written permission of the Authority. When such permission is granted, the Lessee must provide keys or the combination for same to the Authority. The Authority reserves the right to remove locks by cutting or otherwise whenever needed to allow access to or across the Property and the Lessee shall have no claim, therefore.

15. Taxes: Lessee shall pay all ad valorem property taxes, assessments and other charges imposed by the state or its political subdivisions upon the Property, both real and personal, of any nature whatsoever.

16. Utilities: The Lessee shall bear all costs of electricity, water and other utilities for Lessee’s use of the Property. The Authority shall have no obligation to provide electricity, water or other utilities to the Property whatsoever.

SURRENDER & TERMINATION

17. Surrender: Upon the expiration or termination of this lease, the Lessee shall promptly, peaceably and quietly vacate, surrender and yield the Property to the Authority. The Lessee shall remove from the Property all movable personal property, all vehicles, all machinery and equipment, all harvested or harvestable crops, all livestock, all cut and/or baled hay, and all other like and related materials belonging to the Lessee. Any such property not so removed within fifteen (15) days after the expiration or termination of this lease will be deemed abandoned by the Lessee.

Such abandoned property determined beneficial to the Authority may become property of the Authority at its election. The Authority will dispose of any such abandoned property determined to be a detriment to the Authority and Lessee will be liable for any cost incurred for same.

18. Restoration: Upon the expiration or termination of this lease, the Lessee shall to the Authority’s satisfaction restore the Property in like condition as when taken, reasonable use and wear thereof and damage by the natural elements excepted. The Authority may restore any part or portion of the Property not so restored by the Lessee and Lessee will be liable for any cost incurred for same.

19. Termination, General: The Authority may terminate this lease agreement with or without cause upon the giving of a thirty (30) day written notice to the Lessee. The Lessee may terminate this agreement, likewise, provided the Lessee has not breached any covenant, agreement, condition or regulation provided by this lease agreement. In the case of termination for cause, the Authority shall not refund the Lessee for any rental previously paid and the Lessee shall pay in full all rent becoming due prior to during the period of notice. Further, the Authority shall not reimburse the Lessee for services performed or expenses incurred in advance of the year in which termination occurs.

20. Termination for Cause: A termination for cause will include, but not limited to, a violation by Lessee of any provision of this lease agreement whether material or otherwise. A failure of Lessee to observe faithfully the provisions of this lease agreement that may result in the disqualification of Lessee from leasing other property owned, controlled or managed by the Authority.

21. Waiver of Exemption: Lessee expressly waives the benefit of all the exemption laws of the State of Oklahoma relating to personal property, for the payment of rental and the fulfillment of this agreement. Should any rent be due and unpaid, or should Lessee default in any of the covenants, agreements, conditions and/or regulations established under this agreement, then the Authority may immediately terminate this lease agreement without prior notice, re-enter and re-possess the Property at once, and remove and put out the Lessee and each and every occupant of the Property.

COLLUSION & DISCRIMINATION

22. Collusion: Lessee states as a material condition of this agreement that: the Lessee has not paid, given or donated or agreed to pay, give or donate to any officer or employee of the Authority or of the City of Lawton any money or other thing of value, either directly or indirectly, in obtaining this Lease; and the Lessee did not conspire or collude with, give or receive anything of value to, or agree to give or receive anything of value to, any bidder or potential bidder relative to obtaining this lease.

23. Discrimination: The Lessee shall not discriminate against any person or persons or exclude them from participation in the Lessee's operations, programs or activities conducted on the leased premises, because of race, color, religion, sex, age, handicap or national origin.

NOTICE

24. Notices: All notices and correspondence shall be in writing and considered properly given if mailed, postage fully prepaid, as follows:

LESSEE: __________________________________

LESSOR: Lawton Water Authority c/o The City of Lawton Attn: City Attorney 212 SW Ninth Street Lawton, Oklahoma 73501 or at such other address as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope, or wrapper, addressed as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service.

INDEMNIFICATION

25. Indemnification, General: The Lessee agrees to indemnify and hold harmless the Authority against all claims arising out of the use of the Property. The Lessee shall promptly notify the Authority of any claim made by any party in relation to the Property. Without limiting the generality of the foregoing, the Authority shall not be responsible for damages to property or injuries to any person which may arise from or be incident to the exercise of the privileges herein granted, or for damages to property of the Lessee, or for damages to the property or injuries to the Lessee's officers, agents or employees or others who may be on the premises at their invitation or at the invitation of any one of them. The Lessee shall hold the Authority harmless from any and all such claims, not including damages due to the fault or negligence of the Authority.

26. Flooding: The Authority shall not be liable in any way to Lessee for any loss, injury or any other damage of any kind that might result from an increase in the level of water in any lake or reservoir, or any stream or other tributary thereto, of the Authority. Rental amounts shall not be adjusted due to variations in the levels of any such waters.

MISCELLANY

27. No Assignment: Lessee shall not transfer or assign this lease nor sublet the Property or any part thereof, nor grant any interest,…