Farm Lease Opportunity

1 REQUEST FOR PROPOSAL NO. 22-1007 LEASE OF FARM ACREAGE Date of Issue: January 21, 2022 Pre-proposal Meeting: 2:00 PM EST, February 3, 2022 Questions Due by 5:00 PM, February 11, 2022 Proposal Due Date: February 24, 2022 Time: 2:00 PM EST Issued by: Catawba County Purchasing 25 Government Drive Newton, North Carolina 28658 (828) 465-8224 MAKING. LIVING. BETTER. 2 A. Invitation Catawba County (hereafter County) is soliciting proposals for the lease of certain acreage adjacent to the Blackburn Landfill located at 4017 Rocky Ford Road, Newton, NC, 28658. Proposals are due no later than 2:00 p.m., February 24, 2022. Proposals can be mailed or delivered to: Sandra Martin, Purchasing Manager Catawba County P.O. Box 389 25 Government Dr., Room 026 (physical address) Newton, NC 28658 Or emailed to smartin@catawbacountync.gov B. Information for Bidders The County-owned Blackburn Resource Recovery Facility is approximately 805

acres in size, approximately 48.48 acres of which have been identified for growing crops; the identified acreage may be revised in the future (hereafter called Premises). The County will lease the Premises to Tenant for use for Agricultural Purposes (herein defined as the cultivation of the soil for production and harvesting of crops, including fruits, vegetables, sod, flowers, and/ or ornamental plants, not to include the planting and production of timber, dairying or the raising, management, care, or training of livestock, including dogs, cats, horses, cows, sheep, goats, pigs, fowl, poultry or other animals for individual and public use, consumption, and marketing). The County will assume no responsibility for oral explanation or interpretation. Any questions regarding the bid documents must be directed in writing to Sandra Martin, Purchasing Manager, smartin@catawbacountync.gov no later than 5:00 pm, February 11, 2022, and any changes will be submitted to all bidders in a written addendum posted on the Catawba County Bid Notices page. An optional pre-proposal meeting shall be conducted on February 3, 2022, at 4017 Rocky Ford Road, Newton, NC, 28658, at 2:00 pm. Catawba County reserves the right to reject any and all proposals and to waive formalities, minor defects, and/or irregularities in proposals as may be permitted by law. C. Tenant Qualifications Bidders must be qualified to provide field preparation, crop planting, and/or harvesting and have the necessary equipment, personnel, facilities, ability, financial resources, and management skills to provide a high level of service. Bidders must be able to schedule and perform farming of the Countys fields and provide appropriate equipment and manpower to do so. A list of at least three (3) references with complete contact information must be provided. Bidders must have adequate equipment or access to adequate equipment to perform the tasks for which they are bidding. mailto:smartin@catawbacountync.gov mailto:smartin@catawbacountync.gov https://www.catawbacountync.gov/county-services/purchasing/bid-notices/ 3 D. Contract Performance Requirements The Farmer/ Tenant must be in all respects an independent Tenant for which the County shall not be liable in any matter of negligence, misfeasance, malfeasance, or nonfeasance. The Farmer/ Tenant must keep, protect, and save harmless the County from any loss, cost, or expense of any sort or nature, as well as any liability to any person or property, natural or artificial, on account of death, injury, or damage arising out of any acts, negligence or failure of the Farmer/ Tenant in any respect. Farmer/ Tenant must be able to comply with all environmental and other applicable governmental permits, guidelines, and actions. Farmer/ Tenant must indemnify County against any punitive or other action resulting from or associated with service providers failure to do so. E. General Provisions The Lease period will run for five (5) years from the date of lease signing. In consideration of the covenants and obligations set forth herein, and other good and valuable consideration, receipt of which is hereby acknowledged, the County and Tenant would agree as follows: Description of the Premises: In consideration of the rents and covenants to be paid and performed by Tenant, the County would grant, demise, and lease unto Tenant, the Premises described below and shown on the map attached hereto as Exhibit A, for agricultural purposes. No. Book/ Page Parcel ID. Net Acres (Approx.) 1 3344/ 0441 361701387194 17.43 2 3681/ 0628 361701476476 11.80 (Non-forested portion) 3 3681/ 0628 361701378150 2.17 4 2690/ 1368 361701489547 17.08 (Partial) TOTAL: 48.48 The Premises is situated adjacent to the Landfill in a location separate from any existing facilities and encompass the non-forested portions of the above parcels. Warranty of Title and Quiet Enjoyment. The County warrants that the County owns the Premises and that the County has all right and authority to make and perform the Lease. The County covenants that Tenant, so long as Tenant observes and keeps the covenants of the Lease on its part to be kept, shall lawfully, peaceably and exclusively hold, occupy and enjoy the Premises during the term hereof, free from any interference caused by parties claiming an interest by, through or under the County. http://www.catawbarod.org/DocumentView.asp?BypassStartPage=true&DocumentType=Deed&Instrument=33440441&Close=True http://www.catawbarod.org/DocumentView.asp?BypassStartPage=true&DocumentType=Deed&Instrument=36810628&Close=True http://www.catawbarod.org/DocumentView.asp?BypassStartPage=true&DocumentType=Deed&Instrument=36810628&Close=True 4 F. Tenant Insurance Requirements Tenant shall maintain at all times during the term of the Lease, at the Tenants sole expense: Commercial General Liability Insurance. Tenant shall maintain general liability insurance of no less than $1,000,000 per occurrence and $2,000,000 annual aggregate. Defense costs shall be in excess of the limit of liability. Tenant shall also provide automobile insurance coverage, when applicable, for any owned, hired, or rented vehicle with a limit of not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage liability and a limit of not less than $5,000 for medical payment coverage. Tenant has provided a Certificate of Insurance (COI). Tenant agrees to indemnify the County if the insurance policy referenced in the COI does not contain, at a minimum, the coverage amounts listed on the COI. COIs shall be furnished by Tenant annually for any extended term hereof. All certificates shall require the insurer issuing the underlying policy to name The County as additional insured and to provide The County with a minimum of thirty (30) days notice prior to modification of cancellation of said policy. The maintenance of such insurance will not in any manner affect Tenants obligation to indemnify the County as described herein. Tenant agrees that such insurance shall be primary, regardless of any other insurance coverage which the County may procure for its own benefit. Indemnity. All activities performed by Tenant while in possession of the Premises under the Lease Agreement shall be performed entirely at Tenants own risk. Tenant shall indemnify and save harmless the County, its commissioners, employees, agents, and representatives from any and all third-party liabilities and claims of every kind, including attorneys fees, to which County may be subjected on account of loss, destruction, or damage to property or injury to or death of persons, including Tenant and persons employed by Tenant, arising out of or in connection with the performance of the Lease Agreement. The provisions of this paragraph shall not be applicable to loss or damage caused by the negligent act of omission of the County or its employees. Brokerage. The County and Tenant represent that they have dealt with no broker or agent with respect to the Lease or the negotiation and execution hereof. Each party hereby indemnifies and saves and holds the other party harmless against any claims for brokerage commissions or compensation or other claims of any kind (including reasonable attorneys fees and costs) arising out of a breach of the foregoing representation by the indemnifying party. 5 G. General Requirements 1. Catawba County shall be named as an additional insured under Tenants general liability insurance. In the event of a loss arising out of, or related to the Tenants services performed under the Lease, Tenants Liability insurance shall be primary (pay first) with respect to any other insurance which may be available to the County, regardless of how the other insurance provisions may read. 2. Tenant shall be responsible for insuring all of its own personal property, improvements, and betterments. 3. All insurance put forth to satisfy the above requirements shall be placed with insurance companies licensed to provide insurance in the state of North Carolina. Any deductibles or self-insured retentions in the required insurance shall be subject to approval by the County. 4. Prior to beginning the work, Tenant shall provide written evidence of insurance as requested by the County to confirm that these insurance requirements are satisfied. Tenant agrees to provide complete copies of policies if requested. Failure of Tenant to provide timely evidence of insurance, or to place coverage with insurance, or to place coverage with insurance companies acceptable to the County, shall be viewed as Tenants delaying performance entitling the County to all appropriate remedies under the law including termination of the contract. 5. The County may, at its sole discretion, terminate the Lease Agreement prior to the Term provided. Notice of such termination shall be provided in writing by the County to Tenant, and shall be delivered to Tenant at least ninety (90) days prior to such termination date. Upon termination that is not for cause, Tenant shall be authorized to harvest crops in the field and any prepaid rent shall be prorated from the date harvest is complete. 6. The County and Tenant agree, not later than ten (10) business days following the written request of the other party, to execute and deliver to the requesting party a written declaration made to the executing partys knowledge: (i) ratifying the Lease; (ii) confirming the commencement and expiration dates of the term of the Lease; (iii) certifying that Tenant is in occupancy of the Premises; (iv) stating any known defaults of the Lease, and (iv) such other information that the requesting party may reasonably require. 7. Tenant shall not sell, mortgage, assign, or in any way transfer his rights under the Lease or in the crops growing, or to be grown, upon said land, without written permission from the County. 8. If Tenants performance is delayed by a force majeure, Tenant shall immediately notify The County of the delay, the reasons, therefore, and the anticipated duration of any such delay. Tenants delay in the performance of services shall be excused during the duration of such force majeure provided that said Notice is given. 6 9. E-VERIFY. Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Further, if Contractor uses a subcontractor, Contractor shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. 10. Catawba County staff are responsible for verifying that the contractor is not listed on the Iran Divestment List or the Companies Boycotting Israel Final Divestment List published by the NC State Treasurer pursuant to N.C.G.S. 147-86-60. The County shall not contract with any company or their affiliates listed on these divestment lists. 7 FARMING LEASE PROPOSAL PROPOSAL SHEET Year One (1) Price Per Acre $ Year Two (2) Price Per Acre $ Year Three (3) Price Per Acre $ Year Four (4) Price Per Acre $ Year Five (5) Price Per Acre $ Proposer: Date: By (Signature): Title: Telephone: Fax: Address: Email: CATAWBA COUNTY 19 0. 41 34 .1 8 200.69 (3 13 ) 13 3. 86 1.75A17 1. 00 1 (265) Plat 80-194 2924 8150 (12 0) (53) 2.17A 30 4.5 9 22 5. 70 128.15 582 .46 CATAWBA COUNTY (2 63 ) (506) 19 4. 04 (550) CATAWBA COUNTY 9 4. 32 CATAWBA COUNTY 20.13A (2 80 ) 13 0. 56 26 4. 96 (7 0) 6476 295.87 (357) 80.47 60.81 (292) Plat 68-121 30 .6 8 0771 20 .0 1 76.8 6 52.84 (320) 6807 328.33 0349 285 .36 (339) 9 405.47 (36 9) 7. 23 161.00 (2 86 ) (264) (406) 8353 1 (604) (401) (41 2) (587) 25 .2 2 (354) 449.98 ROB HEAVNER FARM RD 0163 7032 30.60 60 55 9.6 4 15 .5 1 280. 80 23 .0 6 5.80A 28.45 235.97 37.36A 249.53 234 .60 60 (212) 49 1.2 7 13.65 23 .0 0 59.89 21.30 1.54A (51 7) 22.89 18 .1 5 13 .2 2 Plat 58-22 12.83A 239.43 (81 0) Plat 68-192 18.88 8061 2 37 .8 3 24.16 3.85A 29.16 5.65A 53 2.7 2 (41 2) 5112 11 .25 9753 19 .8 0 18 .8 1 (45) 215.80 494.86 8544 36 .3 8 35.17 (100) 78 2. 79 (252) SOURWOOD 9547 16.97 78 2. 82 114.28 43 281.37 45 328.61 28.96 146.44 9547 221.85 7194 411.74 34 .2 2 (77 8) (4 93 ) 6.83A (23 6) 51.03 103 6.2 8 13. 99 21.72 17.43A 3.16A 34.90 (26 7) 146.00 8580 1.88A 11 .7 5 (912) 558.1 2 2.84A SOURWOOD 515 .00 (364) 25 .9 7 (28 3) 114.44 (8 0) 7238 23.32 60 36 .39 27 .2 5 45 5365 9977 117.95 12 1. 91 D R 3740 163.68 4.04A 6 10 0. 00 38 1. 63 2692 100 .22 19 0. 44 854 .98 162.75 46.74 113.87 13 5. 24 20 5. 34 52 .3 6 30 (39 9) (331) 193.08 5237 2033 1.42A 332.62 543 .60 148.5 0 45 52.36 52.36 11 6.2 6 45 (261) 32 21.03 8646 372.00 88.34 10 9. 50 6988 52 .3 6 166.35 127.47 11.99A (9 2) 6877 19.84 27 227.07 47 (139 ) 622.34 44 (320) 40.63 30.23 142.00 4214 19.91 34.65 196.60 123.66 15 8. 44 182.8 1 CT 1607 1 (18) 13 1. 86 (376) 582 .44 10 0. 00 4412 8635 Plat 63-31 50 40.00 (350) 86. 59 LN RD (263) 165.00 1466 81 .8 4 8788 108.94 12 5. 00 3.12A 33.38 188.95 168.33 15 12 5. 00 240.743208 41 83.13 FA R M 105.06 (4 70 ) 12 5. 00 100 .22 376 .10 7565 215.91 150.2 6 3405 191.78 (378) 42 (40) 296 .75 (327) 28 65.07 35 0. 13 165.00 618.24 72.3 7 33 14 1. 91 12 5. 00 49 1.8 3 15 2. 77 695.6 4 122.00 103.73 4953 40 45.73 222.88 200.00 (309) 40. 00 13 3. 57 45 84.70 CT 95.09 (215) (26 2) 20 8. 77 86.93 35 (22 6) 108.34 30.05 87 .9 2 80 .0 0 21.03 4083 H E A V N E R 25 6567 1.51A 4.25A 17 1. 09 5719 55.11 112.19 2175 21.03 (150) 10 9. 78 47.55 17 0. 36 (22 1) 24 23 (1 84 ) 200.00 (30) 9077 22 165.00 46 26 72 .8 6 (172) 50 18.32 (1 26 ) H IC KO RY LINCO LNTO N HW Y 1759 89.27 94.10 50 .3 3 158.33 50.71 374 .76 (3 40 ) 50 83 .3 3 9839 15 5. 08 228.09 18.69 105.06 16 181.64 (10 3) 3883 95.98 8288 SWEETGUM 48 .8 7 223.83 165.00 82.64 38.44 200.70 30 .5 9 4350 5364 232.9 0 6523 13 5. 00 6351 36.07 9 10 13 21 121.49 21 1. 33 96.66 61.45 25 W O O D G R E E N 95.48 10 5. 16 11 60 0447 1991 175.57 11 9. 03 P la t 4 7 - 39 7 31.42 38 18 8. 55 52.36 12 9. 95 0355 14 S R 2 02 0 154 .15 81 .8 4 74 .7 6 118.44 ROB 21.03 3229 65 .2 6 227.36 8 52.3 6 10 3. 95 20 1. 64 LN 122.24 12 5. 00 18.69 31.42 7350 70 .0 0 29. 16 127.95 119.3940.52 101.50 6738 31 170.59 165.00 22 1. 68 96.66 12 120. 27 ( 36 2) 12 6. 77 34 130.46 7095 12.59A 159.60 223.14 16 2. 40 246 .57 31 4. 78 39 20. 00 36 37 5133 17 29 92. 75 Plat 45-43 56 .6 7 43.39 9430 5504 18 19 64.47 22 .6 9 19 0. 36 101.50 89 .2 1 20 7017 9583 (1270) (134 )257.14 309.99 735 .32 (635 ) 4.03A 2 5.64A (58 8) (259) 43 9. 71 50 (316) 219 .60 Plat 75-41 49 3. 02 777 .57 269.15 CATAWBA COUNTY CATAWBA COUNTY CATAWBA COUNTY CATAWBA COUNTY 1.05A 2 This map product was prepared from the Catawba County, NC, Geographic Information System. Catawba County has made substantial efforts to ensure the accuracy of location and labeling information contained on this map. Catawba County promotes and recommends the independent verification of any data contained on this map product by the user. The County of Catawba, its employees and agents disclaim, and shall not be held liable for any and all damages, loss or liability, whether direct, indirect or consequential which arises or may arise from this map product or the use thereof by any person or entity. Parcels Subject Parcels Path: E:\projects\Legal\Farm_Lease.aprx1 inch equals 350 feetAerial Photography Captured Feb/March 2021 1 3 4 Parcel # Parcel ID Net Acres (Approx) 1 361701387194 17.43 2 361701476476 11.80 (Non forested portion) 3 361701378150 2.17 4 361701489547 17.08 (Partial) TOTAL: 48.48 -