Final - Ames Agricultural Lease 2024.pdf

Agricultural Lease

Solicitation for Bids

401 West Owen K. Garriott Road

Enid, OK 73701

Released: December 10, 2024

INTRODUCTION

The City of Enid is accepting proposals for an agricultural lease on the City of Enid’s property, consisting of approximately 155 acres located in Major County. The type of crop to be cultivated will be at the discretion of the lessor.

Sealed proposals will be accepted in the Office of the City Clerk, City Administration Building, 401 West Owen K. Garriott Road, Enid Oklahoma 73701, until 11:00 A.M. local time on January 3, 2025, or electronically at https://www.bidnetdirect.com/oklahoma/cityofenid. Proposals will be publicly opened and read aloud at 11:10 A.M. on January 3, 2025, in the Council Chambers of the City Administration Building. All proposals will remain on file in the Office of the City Clerk.

Copies of this Request for Proposal may be procured or examined without charge in the City Clerk’s Office, or at the below website address:

https://www.bidnetdirect.com/oklahoma/cityofenid

Lease will commence on or about August 1, 2025. The primary term will be for one (1) year, with automatic renewals on August 1st of each consecutive year for three (3) additional years, unless cancelled by either party with ninety (90) days written notice.

The City of Enid reserves the right to reject any or all proposals and to waive informalities. It may, at its option, award said lease to the bidder whose proposal best satisfies the requirements contained within the solicitation, as determined by the Mayor and Board of Commissioners.

OFFICIAL CONTACTS

Questions regarding this request for proposal should be submitted through Bidnet at https://www.bidnetdirect.com/oklahoma/cityofenid, or by emailing both of the official RFP contacts:

Murali Katta Summer Anderson Director of Engineering City Clerk mkatta@enid.org sanderson@enid.org https://www.bidnetdirect.com/oklahoma/cityofenid https://www.bidnetdirect.com/oklahoma/cityofenid https://www.bidnetdirect.com/oklahoma/cityofenid mailto:mkatta@enid.org mailto:sanderson@enid.org

LEGAL DESCRIPTION AND MAP

The Southwest Quarter (SW/4) of Section Thirty-One (31), Township Twenty-One (21) North, Range Nine (9), West of the Indian Meridian, Major County, Oklahoma.

LESS AND EXCEPT a tract of land being further described as follows:

Beginning at a point 1,159 feet S89°42’56”E of the Southwest corner of said SW/4, thence N00°12’29”W a distance of 504.00 feet, thence S89°42’56” E a distance of 382.00 feet, thence S00°12’29”E a distance of 504.00 feet to the South line of said SW/4, thence N89°42’56”W along said South line a distance of 382.00 feet to the point of beginning.

PROPOSAL

FOR

AGRICULTURAL LEASE

FOR

THE CITY OF ENID, OKLAHOMA

TO: MAYOR AND BOARD OF COMMISSIONERS

CITY OF ENID, OKLAHOMA

I, the undersigned, do hereby propose to lease from the City of Enid, Oklahoma, 155 acres of land located in the Southwest Quarter (SW/4) of Section Thirty-One (31), Township Twenty-One (21) North, Range Nine (9), West of the Indian Meridian, Major County, Oklahoma:

TOTAL BID PRICE ANNUALLY $

BIDDER COMPANY NAME:

CONTACT EMAIL:____________________________________________________________________

CONTACT PHONE #: _________________________________________________________________

STREET ADDRESS:

MAILING ADDRESS:

CITY, STATE & ZIP CODE:

SIGNED BY (Type or Print):

TITLE:

SIGNATURE: ______

DATE:

(SAMPLE LEASE)

AGRICULTURAL LEASE AGREEMENT BETWEEN THE CITY OF ENID

AND ______________________________

This Lease Agreement made on this ______ day of _____________, 2024, hereinafter referred to as "Lease" is made and entered by and between City of Enid, Oklahoma, An Oklahoma Municipal Corporation, hereinafter referred to as "Lessor", and _______________________, hereinafter referred to as "Lessee."

1. Leased Premises. The Lessor does hereby lease unto the Lessee, subject to the conditions herein set forth, the tract of land consisting of approximately ______ acres described as follows:

The Southwest Quarter (SW/4) of Section Thirty-One (31), Township Twenty-One (21) North, Range Nine (9) West of the Indian Meridian, Major County, Oklahoma, less and except a tract of land being further describe as follows: Beginning at a point 1, 159 feet S89°42’56”E of the Southwest corner of said SW/4, thence N00°12’29”W a distance of 504.00 feet, thence S89°42’56”E a distance of 382.00 feet, thence S00°12’29”E a distance of 504.00 feet to the South line of said SW/4, thence N89°42’56” W along said South line a distance of 382.00 feet to the point of beginning.

2. Term. This Lease shall commence on the ______ day of _________, 2025, and shall expire on the ______ day of____________________, 2026 (the end of the primary term), unless otherwise sooner terminated as herein provided. This lease shall automatically renew each year on the anniversary date, for up to (4) additional years, for a total of five (5) years. Either party may cancel this lease agreement at any time upon ninety (90) days written notice to either party.

3. Rent and Other Consideration. Lessee shall pay the Lessor rent in the amount of

$_____ per acre for the use of the Leased Premises for a total annual rent of $__________. Rent is due and payable on the first (1st) day of the Term and annually thereafter.

a. If agreed to by both parties, rent may be paid on a monthly basis in the amount of

b. If rent is not received in full by the tenth (10th) day after the day upon which it is due, a late fee of one percent (1%) of the rent shall be assessed. Additional late fees shall accrue at a rate of one percent (1%) for every thirty (30) days after the due date until the past due balance is paid. If rent is delinquent by twenty (20) days or more, Lessor shall have the right in its discretion to terminate this Lease with or without notice to Lessee. This subparagraph is not subject to the notice requirement in the Default provisions outlined in Paragraph 11.

4. Uses of Leased Premises. The Leased Premises shall be maintained and used solely for the following agricultural purpose, farming wheat or other crop, grazing for livestock and other agricultural uses, including but not limited to the planting of additional varieties of crops. No improvements shall be placed upon, or removed from, the Leased Premises without the prior written consent of the Lessor.

5. Rights and Obligations of Lessee. The Lessee shall:

a. Have the right to enter the Leased Premises for any purpose that is related to the agricultural activities taking place thereon.

b. Have the duty to maintain and keep presentable the Leased Premises.

c. Remove equipment, animals and personnel immediately when notified by Lessor that activity must cease due to safety concerns.

d. Conduct its use of the Leased Premises in such a manner as to not interfere with the use of the adjoining land or impose a hazard in any manner whatsoever.

e. Be responsible for maintaining and /or immediately repairing any fencing on the

Leased Premises. Should Lessor’s well house fencing be damaged by Lessee's use of the property, Lessee shall immediately repair the damage.

f. Control soil erosion according to an approved conservation plan; keep in good repair all terraces, open ditches, inlets and outlets of tile drains, and ponds;

preserve all established watercourses or ditches including grassed waterways and field borders; and refrain from any operation or practice that will injure such structures.

g. Carry and maintain additional insurance, if such insurance is desired.

6. Lessor’s Reservation of Rights.

a. The Lessor reserves the right to sell the Leased Premises, or any part thereof, or to convey any easements or other interests therein or thereon during this Lease.

b. Should the Lessor exercise its rights under this provision so as to prevent Lessee from using the Leased Premises, the Lessor shall return a pro-rata share of rent to the Lessee.

c. If, at the termination of this lease, for any reason, there are growing crops on the farm in which the Lessee has an interest, the Lessor will compensate the Lessee for their interest upon such basis as may be mutually agreed or determined by arbitration, or will complete the care, harvesting, and sale of such crops, deduct the expenses thereof from the returns, and will pay the Lessee his proportionate share of the proceeds.

d. Lessor shall also have the right to drill water test and/or production wells, and install transmission lines, power lines and other necessary lines, equipment or improvements to produce water and transmit the same from the well to the collection lines.

7. Regulations. The Lessee shall conduct all operations on the property in a manner consistent with all applicable local, state, and federal codes, regulations, and statutes that may now exist or may hereafter be promulgated. Lessee shall bear sole responsibility for any violations thereof. The Lessee shall be solely responsible for securing any permits or approvals necessary for his or her activities on the property.

In the event of any legally- prohibited release of materials to the environment, the Lessee will indemnify the Lessor for any costs of environmental cleanup and restoration as well as any penalties, fines, judgments or other amounts incurred by Lessor as a result of such release.

8. Government Programs. The extent of participation in government programs will be discussed and decided by both parties. The course of action agreed upon should be placed in writing and be signed by both parties. A copy of the course of action so agreed upon shall be made available to each party.

9. Liability. It is understood that in no event shall the Lessor be responsible or liable for damage to crops or any other property damages or injury to Lessee or any of his employees or agents except as explicitly provided herein. The Lessee hereby assumes responsibility for any liability incurred to third parties because of the use of the Leased Premises. The Lessee hereby assumes responsibility for any damage to the Leased Premises caused by acts or omission of Lessee or any of his employees or agents and agrees to remedy any damages done to the Leased Premises.

10. Non-Discrimination. The Lessee, for itself, its successors in interest and assigns as a part of the consideration hereof does hereby covenant that no person, on the grounds of race, color, religion, handicap or national origin, shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of said property.

11. Default, Termination, and Remedies. With respect to either party, it shall be an event of default hereunder if either party shall fail to keep, observe, or perform any material term or provision of this Lease by it and such default shall continue for a period of thirty (30) days after written notice thereof to the other party.

a. If any event of default by either party shall occur and be continuing, either party, may, in addition to any other remedies available to it on account of such event of default, forthwith terminate this Lease.

b. If either party hereto brings an action because of any event of default, the non-prevailing party agrees to pay all costs and reasonable attorney’s fees incurred by the prevailing party in connection with such action.

c. No right or remedy herein conferred upon or reserved to either of the parties hereto is intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given hereunder, or now or hereafter legally existing upon the occurrence of an event of Default hereunder. The failure of either party hereto to insist at any time upon the strict observance or performance of any of the provisions of this Lease or to exercise any right or remedy or be construed as a waiver or relinquishment thereof with respect to subsequent defaults. Every right and remedy given by this Agreement to the parties hereto may be exercised from time to time and as often as may be deemed expedient by the parties hereto, as the case may be.

12. Interpretation of Law. This Lease shall be deemed to have been made in the State of

Oklahoma and shall be construed and interpreted in accordance with the laws of the State of Oklahoma.

13. Choice of Law. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this Lease Agreement may be brought against any of the parties in the in the Courts of the State of Oklahoma, County of Garfield, or, if it has or can acquire jurisdiction, in the United States District Court for the Western District of Oklahoma, and each of the parties consents to the Jurisdiction of such Courts, and of the appropriate Appellate Courts, in any such action or proceeding and waives any objection to venue laid therein.

14. Peaceful Possession Upon Termination. At the end of this Lease or sooner termination thereof, Lessee shall give peaceful possession of the Leased Premises to Lessor, in as good condition as on the date of this Lease Agreement, the usual wear and tear excepted.

15. General Right of Entry. Lessor and its agents shall have the general right as landlord to enter upon the Leased Premises at all reasonable times to examine the condition and use thereof by Lessee.

16. Assignment. This Lease shall not be assigned or sublet in whole or in part without prior written consent of the Lessor.

17. Notices. Any notice required to be given hereunder may be given personally or by mail, and if given by mail, shall be deemed to have been given on the date mailed and shall be addressed to:

Lessor: Lessee:

City of Enid __________________________ Attn: City Attorney __________________________ P.O. Box 1768 __________________________ Enid, Oklahoma 73702 (____) ____________________

18. Severability. If any one or more sections, sentences, clauses, or parts of this Lease shall, for any reason, be held invalid, this invalidity of such sections, sentences for clauses or part shall not affect or prejudice in any way the applicability and validity of any other provision of this Lease.

19. Construction. Captions and other headings contained in this Lease are for reference and identification purposes only and do not alter, modify, amend, limit or restrict the contractual obligations of the parties.

20. Integration and Amendments. This Lease constitutes the entire agreement between the parties and may not be amended, altered, modified or changed in any way except in writing signed by all parties to this Lease and which specifically references this Lease. There are no other agreements, representations or warranties, whether oral or written, regarding the subject matter of this Lease. No course of dealings involving the parties hereto and no usage of trade shall be relevant or admissible to interpret, supplement, explain or in any way very any of the terms expressly set forth in this Lease. Any amendment to this Lease shall be attached to this Lease and all the terms in this Lease not addressed in the amendment shall remain in full force and effect.

21. No Partnership Created. This Lease shall not be deemed to give rise to a partnership relation, and neither party shall have authority to obligate the other without written consent, except as specifically provided in this Lease.

22. Governmental Tort Claims Act. By entering into this Lease, Lessor and its

“employees,” as defined by the Governmental Tort Claims Act, 51 Okla. Stat. § 151 et seq., do not waive sovereign immunity, any defenses, or any limitations of liability as may be provided for by law. No provision of this Lease modifies and/or waives any provision of the Governmental Tort Claims Act.

IN WITNESS WHEREOF, the parties have hereunto have executed and delivered this Lease Agreement as of the day and year last written below.

Date: “LESSOR” The City of Enid, an Oklahoma Municipal Corporation

City Manager

(SEAL)

ATTEST:

Summer Anderson, City Clerk

Approved as to Form and Legality:

Carol Lahman, City Attorney

“LESSEE”

Date: ______________________________ Signature

Printed Name (Title)

BUSINESS RELATIONSHIP AFFIDAVIT

To Accompany Contractor’s Bid

STATE OF _________________________ )

) ss:

COUNTY OF ________________________ )

_____________________________________ (Contractor’s Authorized Agent), of lawful age, being first duly sworn upon his/her oath, states:

1. I am the duly authorized agent of ___________________________________(Bidder’s Company Name), the bidder submitting the attached competitive bid (the “bid”).

2. My position in the above named company is ___________________________________.

3. Affiant further states the nature of any partnership, joint venture, or other business relationship presently in effect, or which existed within one (1) year prior to the date of this Affidavit, with the architect, engineer, or other party to the project is as follows:

(if none, so state)

4. Affiant further states that any such business relationship presently in effect or which existed within one (1) year prior to the date of this Affidavit between any official or director of the architectural or engineering firm or any other party to the project is as follows:

5. Affiant further states that the names of all persons who have any such business relationship and the positions they hold with their respective companies or firms are as follows:

Further, Affiant saith not.

Signature of Authorized Agent

Title (printed)

Subscribed and sworn to before me this _________ day of _______________________, 20___.

My commission expires:

Notary Public

NON-COLLUSION AFFIDAVIT

To Accompany Contractor’s Bid

) ss:

COUNTY OF ________________________ )

_____________________________________ (Contractor’s Authorized Agent), of lawful age, being first duly sworn upon his/her oath, states:

1. I am the duly authorized agent of ___________________________________(Bidder’s Company Name), the bidder submitting the attached competitive bid (the “bid”), for the purpose of certifying the facts pertaining to the existence or nonexistence of collusion among bidders or between bidders and municipal officials or employees, as well as facts pertaining to the giving or offering of things of value to government personnel in return for special consideration in the award of any contract associated with the bid attached to this document;

2. I am fully aware of the facts and circumstances surrounding the making of the bid and have been personally and directly involved in the proceedings leading to the submission of such bid;

3. Neither the bidder nor anyone subject to the bidder’s direction or control has been a party to: Any collusion among bidders to restrain the freedom of competition by agreement to bid at a fixed price or to refrain from bidding; Any collusion with any municipal official or employee as to quantity, quality, or price in the bid or contemplated contract, or as to any other terms of such bid or contemplated contract; nor any discussions between bidders and nay municipal official or employee concerning the exchange of money or other thing of value for special consideration in the award of the contemplated contract.

Signature of Authorized Agent Title (printed)

Subscribed and sworn to before me this _________ day of _______________________, 20__.

(SEAL)

My commission expires:

ENERGY DISCRIMINATION ELIMINATION ACT OF 2022

BOYCOTT AFFIDAVIT

) ss:

COUNTY OF ________________________ )

_____________________________________ (Business or Company’s authorized agent), of lawful age, being first duly sworn upon his/her oath, states:

I am the authorized agent of __________________________________(Company or Business) and I am knowledgeable about the business practices and finances of the Company and the Company does not boycott energy companies and will not boycott energy companies during the term of the agreement.

Signature of Authorized Agent

Title (printed)

Subscribed and sworn to before me this _________ day of _______________________, 202___.

My commission expires: