Purchasing Division Finance Department 44 E. Downer Place Aurora, Illinois (630) FAX (630)

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1 Bruce Lawrie Director Purchasing & Central Services Purchasing Division Finance Department 44 E. Downer Place Aurora, Illinois (630) FAX (630) CITY OF AURORA INVITATION TO BID FARMLAND LEASE AT THE AURORA MUNICIPAL AIRPORT February 8, 2006 The City of Aurora invites you to bid on the anticipated lease of the Farmland for the 2006 and 2007 growing seasons at the Aurora Municipal Airport. There are tillable acres of land at the Aurora Municipal Airport, in the Townships of Big Rock and Sugar Grove, County of Kane, State of Illinois, as described on the attached Exhibit A. Sealed bids will be received at the office of the City Clerk, 44 East Downer Place, Aurora, Illinois until 2:00 p.m., Wednesday, February 22, 2006 to determine proposals for the anticipated lease of the above named project. Any bid received by the City Clerk after 2:00 p.m. shall be rejected from consideration and will be returned unopened. DO NOT SEND OR DELIVER BID PROPOSALS to the Purchasing Division Office. Attached please find specifications and other pertinent documents necessary for you to respond to this bid invitation. All proposals are to be submitted on the bid proposal form provided entitled: Bid for Farmland Lease. Each proposal must be placed in an envelope, sealed, and clearly market on the outside: Bid for Farmland Lease. Inquiries and/or questions pertaining to the provisions and specifications of this bid package shall be directed to Mr. Bruce Lawrie, Purchasing Director, (630) or Mr. Robert Rieser, Director, Aurora Municipal Airport (630) during normal working hours. The City of Aurora reserves the right to reject any or all bids, to waive any technicality, informality or irregularity in the bids received. The City further reserves the right to award the bid to the Lowest Responsible Bidder whose offer best responds in quality, fitness and capacity to the requirements of the proposed work or usage and therefore is in the best interest of the City. CITY OF AURORA Page 1 Bruce Lawrie Purchasing Director

2 CITY OF AURORA BID PROPOSAL FORM FARMLAND LEASE AT THE AURORA MUNICIPAL AIRPORT The City of Aurora is accepting bids for the lease of farmland at the Aurora Municipal Airport for the 2006 and 2007 growing season. A contract has been prepared with an exhibit depicting which areas of the airport are to be tilled. There are tillable acres of land at the Aurora Municipal Airport, in the Townships of Big Rock and Sugar Grove, County of Kane, State of Illinois, as described on the attached Exhibit A. The undersigned acknowledges that with submission of a bid that they have read and understood the terms and conditions of the contract to be offered. The bidder also acknowledges that they will comply with said provisions should they be awarded the contract. The undersigned agrees to lease the farmland as depicted in the attached contract from the City of Aurora for the 2006 and 2007 growing seasons: Rate of $ per acre Following is the address and phone number if any questions should arise: Mr. Bruce Lawrie, Director of Purchasing Purchasing Department City of Aurora 44 E. Downer Place Aurora, Illinois (630) The price per acre as submitted by the bidder will be the sole determining factor in the award of the contract. The City of Aurora reserves the right to reject any or all bids, to waive any technicality, informality or irregularity in the bid(s) received. The City further reserves the right to award the bid to the lowest responsible bidder whose offer best responds in quality, fitness and capacity to the requirements of the proposed work or usage and therefore is in the best interest of the City. BID SUBMITTED BY COMPANY ADDRESS CITY, STATE, ZIP PREPARER S NAME Please Type CONTACT PERSON AUTHORIZED SIGNATURE Title PHONE # ( ) FAX # ( ) DATE Page 3

3 BIDDERS CERTIFICATION I/We hereby certify that: A. A complete set of bid papers as intended have been received and that I/We will abide by the contents and/or information received and/or contained therein. B. I/We have not entered into any collusion or other unethical practices with any other person, firm, or employee of the City which would in any way be construed as an unethical business practice. C. I/We comply with all current Federal, State, and Local laws, statutes, rules, and regulations referencing equal opportunity employment practices including those contained in Public Act (effective July 1,1993). D. I/We are in compliance with the most current Prevailing Rate of wages for laborers, mechanics and other workers as required by the City of Aurora Ordinance No. O05-82 dated the 28 th day of June, E. I/We have adopted a written sexual harassment policy which is in ordinances with the requirements of Federal, State and local laws, regulations and policies and further certify that I/We are also in compliance with all other requirements contained in 775 ILCS 5/2-105(A). F. I/We will abide by all other Federal, State and local codes, rules, regulations, ordinances and statutes. COMPANY NAME ADDRESS CITY, STATE, ZIP NAME OF CORPORATE/COMPANY OFFICIAL Please Type or Print Clearly TITLE AUTHORIZED OFFICIAL SIGNATURE DATE PHONE ( ) FAX ( ) Page 4

4 STATE OF ILLINOIS ) ) ss. COUNTY OF Kane ) CONTRACTOR'S TAX CERTIFICATION (CONTRACTOR'S EXECUTING OFFICER), being first duly sworn on oath, deposes and states that all statements made herein are made on behalf of Contractor, that this deponent is authorized to make them and that the statements contained herein are true and correct. Contractor deposes, states and certifies that Contractor is not barred from contracting with any unit of local government in the State of Illinois as a result of a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless Contractor is contesting, in accordance with the procedures established by the appropriate revenue statute, its liability for the tax or the amount of the tax, as set forth in 65 ILCS 5/ Dated this day of, Attest/Witness: By Title By (Signature of Bidder's Executing Officer) (Print Name of Bidder s Executing Officer) Title Subscribed and sworn to before me this day of, Notary Public (SEAL) Page 5

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12 LEASE OF FARMLAND AURORA MUNICIPAL AIRPORT This LEASE AGREEMENT for the growing seasons, commencing March 15, 2006 and terminating March 14, 2008, is entered into this day of, 2006 by and between THE CITY OF AURORA, a municipal corporation, (hereinafter referred to as the LESSOR ) and, (hereinafter referred to as the LESSEE ). RECITALS WHEREAS, the LESSOR presently owns tillable acres of land (hereinafter the area to be farmed ) at the Aurora Municipal Airport (hereinafter the Airport ), in the Townships of Big Rock and Sugar Grove, County of Kane, State of Illinois, as described on Exhibit A which is attached hereto and made a part hereof; and WHEREAS, the LESSEE has experience in farming and represents to LESSOR that he is willing and able to farm the land so described. NOW THEREFORE, in consideration of the premises, the mutual covenants, terms and conditions herein set forth, the LESSOR agrees by these presents, to lease to the LESSEE the land described on Exhibit A, and mutually covenant, promise and agree as follows: INCORPORATION OF RECITALS All recitals set forth above are incorporated herein and made a part hereof. LESSEE DUTIES LESSEE agrees to farm the area to be farmed in a husbandlike fashion, and to provide at not cost to the LESSOR all fertilizers, lime, supplements or enhancements to the soil in order to maintain the area to be farmed in said husbandlike fashion. LESSEE agrees to return the area to be farmed to LESSOR at the termination of this Lease in the same or similar condition to that which it is on the inception of the Lease. LESSEE agrees to provide all equipment, materials and personnel, at no cost to LESSOR, to maintain the boundary fences of the area to be farmed, and to maintain the drainage tile system that is located in the area to be farmed. The LESSEE further agrees to repair any damage, blow-outs, sink holes, wash-outs or other failures of the drainage tile system within thirty (30) days of being notified by LESSOR, or upon observation of such damaged condition by LESSEE or LESSEE S employees or agents. LESSEE agrees to abide by all applicable laws concerning surface storm water drainage and further agrees to provide all the equipment, material and personnel to install, at no cost to LESSOR, grass waterways to control storm water runoff in the area to be farmed. LESSEE agrees not to install any access points to the area to be farmed from any roadway or surface of the Airport without the written approval in advance of LESSOR. PAGE 1 LEASE AGREEMENT

13 COMPLIANCE WITH STATE, FEDERAL LOCAL LAWS LESSEE shall comply with all state, federal and local statutes, ordinances, laws and regulations whenever applicable. LESSEE understands and agrees that the United States Department of Agriculture, on behalf of the LESSOR, is currently performing a Wildlife Hazard Mitigation Study at the Airport and surrounding area. The results of this study are due in late This study may make specific recommendations as to how the area covered by this Lease should be farmed, including but not limited to, the selection of crops and tilling practices to be used in the area to be farmed in order to reduce the likelihood of wildlife coming into contact with aircraft. Upon notification by LESSOR of the results of this study, LESSEE shall comply with same within thirty (30) days of written notification thereof from LESSOR. If the area to be farmed is reduced as a result of said study, the area to be farmed shall be recalculated by the parties hereto in writing, for purposes of payment to LESSOR. LESSEE agrees that he is knowledgeable of, and will abide by, all applicable regulations of the Federal Aviation Administration (FAA), the State of Illinois, and the City of Aurora, that pertain to farming at and around the Airport. LESSEE further agrees to be in compliance at all times with all regulations concerning communication with the FAA Control Tower at the Airport, that LESSEE owns radio equipment capable of communicating with the Control Tower on the published ground frequency utilized at the Airport, and certifies that all persons employed or otherwise engaged by LESSEE to perform work on the area to be farmed can communicate in the English language as required by the FAA. LESSEE further agrees that all such personnel are knowledgeable and will abide by the FAA approved light gun signals in the event of radio failure. As required by State and Federal regulations, LESSEE agrees to comply with crop selections concerning height control in specific areas of the Airport, and agrees to meet said regulations at all times. Further, LESSEE agrees specifically that all personnel are knowledgeable and will comply at all times with rules and regulations regarding the planting of crops and the operation of Navigational Aides which are owned by the FAA or LESSOR, and located at the Airport. AREA TO BE FARMED-CHANGES LESSEE agrees that should the LESSOR acquire additional land for the Airport of which some, or all, or the additional land is deemed tillable by LESSOR, then in that event, LESSEE agrees to lease said additional land at the established unit price per acre in this Lease. Should LESSOR need to use a portion of the tillable land herein described for development of the Airport during the course of a growing season covered by this Lease, then in that event LESSEE agrees to accept as payment for damages only the actual cost of seed, equipment, fertilizer and other documented cost invested by LESSEE for that year and for that portion of the area to be farmed which is removed from tilling. If LESSOR reduces the area to be farmed, LESSEE shall specifically not be reimbursed by LESSOR for the direct or indirect costs involved in the loss of any crops attendant thereto. PAGE 2 LEASE AGREEMENT

14 LESSEE agrees that, should there be an accident or incident involving aircraft, vehicles, emergency vehicles and/or the investigation thereof which causes damage to LESSEE s crops, LESSEE shall not be reimbursed by LESSOR for any damages sustained by LESSEE as a result thereof. COMPENSATION The Parties agree that, according to the Exhibit A incorporated herein, there are presently tillable acres leased to LESSEE pursuant to this Lease. LESSEE shall make payment to LESSOR on or before November 30 th of each year of this Lease as and for rent of said area to be farmed, in the amount of $ per year. Said rent is calculated by multiplying tillable acres by the rate of $ per acre. INSURANCE LESSEE shall maintain, at his sole expense, insurance coverage including: 1) Worker s Compensation Insurance in the statutory amounts (if required by law). 2) Employer s Liability Insurance in an amount not less than $500,000 each accident/injury and $5000,000 each employee/disease (if required by law). 3) Comprehensive General Liability Insurance with limits of not less than $1,000,000 per occurrence, bodily injury/property damage combined single limit; $2,000,000 excess liability coverage in the annual aggregate injury/property damage combined single limit. LESSEE shall provide LESSOR with a written certificate of said insurance, naming LESSOR as additional insured party thereon. Said insurance required to be purchased and maintained by LESSEE shall be provided by an insurance company acceptable to LESSOR and shall include at least the specific coverage and be written for not less than the limits of liability set forth herein or required by law or regulation whichever is greater, and shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least thirty (30) days prior written notice has been given to LESSOR. INDEMNIFICATION LESSEE shall indemnify, hold harmless and defend LESSOR, its officials, officers, employees and agents from and against all liability, claims, suits, demands, proceedings and actions, including costs, fees and expense of defense, arising from, growing out of, or related to any loss, damage, injury, death, or loss or damage to property resulting from, or connected with, LESSEE s negligent or willful acts, errors or omissions in its performance under this Lease. Nothing contained herein shall be construed as prohibiting LESSOR, its officials, officers, employees and agents from defending through the selection and use of their own agents, attorneys and experts, any claims, suits, demands, proceedings and actions brought against them. LESSOR S participation in its defense shall not remove LESSEE S duty to indemnify, defend, and hold LESSOR harmless, as set forth above. PAGE 3 LEASE AGREEMENT

15 NO SUBLEASE LESSEE agrees not to sublease any or all of the area to be farmed to any other individual, entity or business without the prior written approval of LESSOR. NO USE OF AIRPORT FACILITIES LESSEE agrees that he is not entitled to the use of any existing or proposed facilities, including but not limited to, buildings, structures, water, or other utilities located at the Airport. TAXES LESSEE shall not be liable under this Lease for any real estate taxes for the area to be farmed pursuant hereto. BREACH OF LEASE LESSEE agrees that a violation of any or all of the provisions of this Lease shall be considered by LESSOR to be a breach hereof, and upon notification by LESSOR of a violation of the terms of this Lease, LESSEE agrees to remedy said violation within thirty (30) days of written notification by LESSOR. Should LESSEE fail to remedy the breach within the thirty (30) day period, the parties hereto agree that LESSOR has the option to declare this Lease null and void. DELAY IN ENFORCEMENT No delay on the part of either party hereto in enforcing any of the provisions hereof shall be construed as a waiver hereof. No waiver on the part of any party of a breach of any provision hereof shall be construed as a waiver of any subsequent breach. MODIFICATION OF LEASE No amendment, modification, assignment or supplement to this Lease shall be effective unless in writing, executed and delivered by LESSEE and LESSOR. ENTIRE AGREEMENT This Lease, including matters incorporated herein, contains the entire agreement between the parties hereto, there are no other covenants, warranties, representations, promises, conditions or understandings, either oral or written, other than those contained herein. SEVERABILITY In the event any provision of this Lease is held to be unenforceable or invalid for any reason, the enforceability thereof shall not affect the remainder of the Lease. The remainder of the Lease shall be construed as if not containing the particular provision and shall continue in full force, effect and enforceability, in accordance with its terms. NOTICES All communication and notices required to be given under the terms of this Lease shall be in writing and served personally at the following addresses: PAGE 4 LEASE AGREEMENT

16 To the LESSOR: CITY OF AURORA City Clerk 44 East Downer Place Aurora, Illinois To the LESSEE: IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first written above. LESSOR: CITY OF AURORA LESSEE: By: Mayor Attest: City Clerk PAGE 5 LEASE AGREEMENT

17 EXHIBIT A PAGE 6 LEASE AGREEMENT

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