Infrastructure Committee
Regular MeetingRoswell, NM · July 20, 2015
Minutes
Regular Meeting of the Infrastructure Committee
Held in the Conference Room at City Hall
July 20, 2015
Notice of this meeting was given to the public in compliance with Sections 10-15-1 through 10-
15-4 NMSA 1978 and Resolution 14-36.
ROLL CALL
The meeting convened at 4:03 p.m. with Chair Best presiding, Councilors Velasquez, Oropesa
and Grant being present.
Staff present: Louis Najar, Bernadette Lopez, Steve Miko, Kevin Dillon, Bill Morris and Elizabeth
Stark-Rankins.
Councilor Henderson was also present.
APPROVAL OF AGENDA
Councilor Grant moved to approve the July 20, 2015 regular Infrastructure Committee Meeting
Agenda as presented. Councilor Oropesa was the second. A voice vote was unanimous; the
motion passed.
APPROVAL OF MINUTES
Councilor Grant moved to approve the June 15, 2015 minutes for the regular Infrastructure
Committee Meeting. Councilor Oropesa was the second. A voice vote was unanimous; the
motion passed.
NON-ACTION ITEMS
Projects Report Update – Grant & Legislative Projects. Ms. Stark-Rankins gave an update on
grant and legislative projects. The projects include Dean Baldwin, Reischman Park, Working
Mothers, Youth Challenge, Eastside Little League, Joe Bauman Baseball Stadium, Veterans
Cemetery, Poe Corn Splash Pad and Yucca Recreation Center.
Country Club 36” Water Line Project Update. Mr. Najar gave an update on the Country Club
water line project. The contractor has installed approximately 700’ of 36” water main. From July
20-24, the contractor is crossing East West with 36” water line across N. Montana. The
contractor is progressing satisfactorily and the project is projected to be within budget.
Boy Scouts MOU Update. Ms. Stark-Rankins gave an update on the Boy Scouts MOU. Due to
parks inability to contact the users of this facility despite several attempts, a lock will be placed
on the door. A note that asks the users to contact the parks office will also be placed on the
door.
Paving Projects Update. Mr. Najar gave an update on the paving projects. The City has three
large paving projects which have been budgeted: Convention Center Parking Lot & 9 th St., N.
Main Pavement Rehab – Country Club to Berrendo and S. Sunset Pavement Rehab – Poe to
Hobbs.
WWTP Headworks Project – Bid Update. Mr. Najar gave an update on the WWTP headworks
project. Bids were opened on June 23, 2015. Due to protest from one of the bidders, the bids
were rejected. This project is currently being re-bid for a July 28, 2015 bid opening.
REGULAR ITEMS
ICIP Submission – Mr. Najar presented the ICIP Submission. The State collects submissions of
Infrastructure Capital Improvement Plans (ICIP) each year for the next five year period which
would be 2017-2021. These plans are due no later than September 2 and must be entered and
submitted through the State’s electronic entry system. Councilor Grant moved to approve the
ICIP Submission. Councilor Oropesa was the second. A voice vote was unanimous; the motion
passed.
Proposed Water Well Ordinance – Mr. Morris explained the Proposed Water Well Ordinance.
The overall intent of this Proposed Ordinance is to require property owners to hook up to the
City’s potable water distribution system if the property is located within 300 feet of the line.
The draft ordinance would also provide a means of applying for approval of a new domestic well
if the property is located farther than 300 feet away from a water line. Mr. Najar will have staff
redo ordinance for later date. Councilor Grant moved to table the Proposed Water Well
Ordinance. Councilor Velasquez was the second. A voice vote was unanimous; the motion
passed.
Hispano Chamber of Commerce Lease Extension Agreement – Ms. Stark-Rankins explained the
Hispano Chamber of Commerce Lease Extension Agreement. The Hispano Chamber of
Commerce leases the front, downstairs portion of the Fisk Building. The lease approved by the
City enacted on June 30, 2013 allows for three 1-year extensions. This lease extension would
cover from July 1, 2015 to June 30, 2016 at a rate of $350 per month. This is the second 1-year
lease extension as allowed by the original lease. Councilor Velasquez moved to approve the
Hispano Chamber of Commerce Lease Extension Agreement. Councilor Grant was the second.
A voice vote was unanimous; the motion passed.
Allison Farm – Lease Amendment Request – Ms. Stark-Rankins presented the Allison Farm lease
amendment request. Mr. Fred Schrimsher currently leases the property known as the Allison
Farm. His current lease runs from January 1, 2006 to December 31, 2019. During this period,
the City purchased and helped install three pivot irrigation systems. Mr. Schrimsher agreed to
pay back the cost of the systems through the original lease for systems two and three
successively. Mr. Schrimsher is now requesting a fourth system be purchased by the City and
concrete ditch removed from the area to allow for the installation of this system. His request
asks for a 10% increase to the lease over a 10-year period for this purpose. However, based on
the estimated costs, this would not cover the full expense of the system and ditch removal.
Additionally, the lease expires in 2019, so tying the payback to the lease would require an
extension of the lease itself to cover this period. Councilor Grant moved to table the Allison
Farm lease amendment request. Councilor Oropesa was the second. A voice vote was
unanimous; the motion passed.
Changing of Names Policy – Proposed Resolution – Mr. Zarr discussed the proposed changes to
the changing of names policy. Councilor Velasquez moved to approve the renaming policy draft
of April 28, 2015. Councilor Oropesa was the second. A voice vote was 2-2, Councilors Grant
and Best voted no; the motion failed. Councilor Grant moved to approve the renaming policy
draft of July 17, 2015. Councilor Best was the second. A voice vote was 2-2, Councilors Oropesa
and Velasquez voted no; the motion failed. After further discussion between Committee
members and Staff, Mr. Najar stated both draft policies will be taken to the City Council Meeting
on August 6, 2015, due to an impasse.
ADJOURN
The meeting adjourned at 7:02 p.m.
Agenda
ROSWELL INFRASTRUCTURE COMMITTEE
AGENDA - AMENDED
Monday, July 20, 2015 at 4:00 p.m.
Conference Room at Roswell City Hall
425 N. Richardson Avenue
Committee Chair: Jeanine Best
Committee Vice Chair: Elena Velasquez
Committee Members: Caleb Grant, Juan Oropesa
Staff Coordinator: Louis Najar
A. Call to Order and Roll Call
B. Approval of the Agenda
C. Minutes
1. Consider approval of the June 15, 2015 meeting minutes 1-3
D. Non-Action Items
1. Projects Report Update – Grant & Legislative Projects 4-8
2. Country Club 36” Water Line Project Update 9
3. Boy Scouts MOU Update 10-11
4. Paving Projects Update 12
5. WWTP Headworks Project – Bid Update 13
E. Regular Items (Action Items)
1. ICIP Submission 14-16
2. Water Well Ordinance 17-18
3. Hispano Chamber of Commerce Lease Extension Agreement 19-21
4. Allison Farm – Lease Amendment Request 22-35
5. Changing of Names Policy – Proposed Resolution 36-41
F. Other Business (Non-Action)
1. Public Comments
G. Adjourn (Next Meeting: August 17, 2015)
Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4 NMSA 1978 and
Resolution 14-36.
If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of
auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575-624-6700 at least
one week prior to the meeting or as soon as possible. Public documents including the agenda and minutes can be provided in
various accessible formats. Please contact the City Clerk at 575-624-6700 if a summary or other type of accessible format is
needed.
Printed and posted: 7/17/2015
MINUTES OF THE REGULAR MEETING
INFRASTRUCTURE COMMITTEE
June 15, 2017
Notice of this meeting was given to the public in compliance with Section 10-15-1 through 10-
15-4, NMSA 1978 and Resolution 14-36.
ROLL CALL:
The meeting convened at 4:01 p.m. with Chair Best presiding. Councilor Oropesa and Councilor
Grant being present. Councilor Velasquez was absent.
Staff Present: Councilor Steve Henderson, Louis Najar, Kevin Dillon, Elizabeth Stark-Rankins,
Steve Miko, and Bernadette Lopez.
Individuals Present: Larry Connolly and Dean Sons.
APPROVAL OF AGENDA:
Councilor Grant moved to approve the Agenda as presented for the June 15, 2015 regular
Infrastructure Committee Meeting. Councilor Oropesa seconded the motion. A voice vote was
unanimous and the motion passed.
APPROVAL OF MINUTES:
Councilor Grant moved to approve the May 18, 2015 Minutes for the regular Infrastructure
Committee meeting. Councilor Oropesa seconded the motion. A voice vote was unanimous and
the motion passed.
NON-ACTION ITEM(S):
1. Projects Report Update- Grant & Legislative Projects:
Ms. Stark-Rankins gave a status update for the following:
a. Roofing Projects:
The City Hall roof is still being worked on. The Fire Station I Renovation is
currently on hold.
b. Dean Baldwin:
They are moving forward on metal sheeting the walls.
c. Reischman Park:
Construction is completed and are working on getting street furniture (benches
and trash cans) for the Park with left over grant money. Mr. Najar will do a
Project Agreement for Phase II.
d. East Bland Street Sidewalks:
All ADA corrections have been made and set of plans have been submitted to
Santa Fe and are waiting for a response.
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e. Working Mother’s Day Nursery:
Final pay application was just received and is almost complete.
f. Youth Challenge:
They received their permit and will have the pre-construction meeting.
g. Playground Equipment in Parks:
Equipment has been ordered and ready for placement.
h. Public Restrooms:
This is currently on hold.
i. Eastside Little League Baseball Complex:
Waiting on baseball season to end before starting project.
j. Joe Bauman Baseball Stadium:
Waiting on baseball season to end before starting project.
k. Veterans Cemetery:
Work was scheduled to start June 15, 2015.
l. Poe Corn Splash Pad:
This is a re-authorized project and are waiting on final grant agreement for
signature.
m. Poe Corn Recreation Center:
This is a re-authorized project and are waiting on final grant agreement for
signature.
n. Yucca Recreation Center:
This is a re-authorized project and are waiting on final grant agreement for
signature.
REGULAR ITEM(S):
1. Renewal of Tweedy Farm Lease Agreement:
Mr. Sons has requested to renew his lease for another three year term; January 1, 2016 to
December 31, 2018. The lease terms have remained the same except for: language referencing
the orbital sprinkler system-ownership and use by the Lessee; rent increased by $4,279.44; and
First Right to Re-Lease has been adjusted for renewal of lease terms without providing first right.
Councilor Grant asked staff to verify with the City Attorney on the insurance liability amount to
see if it is in compliance with the State Statute.
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Councilor moved to renew the Tweedy Farm Lease Agreement as presented. Councilor Oropesa
seconded the motion. A voice vote was unanimous and the motion passed.
2. Property Purchase: 936 E. Jefferson Street:
An appraisal was done on this property in July 2014 and valued at $5,000. Although, Mr.
Coghill could not attend this meeting, he has informed staff that he agrees to the Property
Purchase Agreement.
Councilor Grant moved to approve Property Purchase Agreement for 936 E. Jefferson Street as
presented. Councilor Oropesa seconded the motion. A voice vote was unanimous and the
motion passed.
ADJOURN:
The meeting adjourned at 4:45 p.m.
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City of Roswell
Grant and Legislative Projects Status
Roofing Projects:
City Hall
Bid ITB #15-006 awarded 9/26/14 to Custom Construction.
Budget: Design $ 2,034.00
Bid $ 33,000.00
Bonds delivered 5/13/15. Work began 5/21/15. Work completed and awaiting closeout.
Dean Baldwin 10-C-038:
SCOPE: Plan, design and construct improvements to Hanger 1083.
ESTIMATED COST: $ 2,400,000
FUNDING: $ 2,036,942
BUDGET: Total Remaining CDBG $ -
Total Remaining City $ 456,811.56
Total Encumbrance $ 456,811.01
Total Project Over-run $ (0.55)
PROJECT SCHEDULE: December 6, 2011 to March 31,2015 Extension August 31, 2015
EST. COMPLETION: July 2015
PHOTOS
PROJECT STATUS: Admin Phase I 100%
**Ghant Chart Data Sheet Design 100%
Admin Phase II 100%
Construction 65%
Closeout 0%
CDBG plans to revert their $83,202.
Change Order 002 Issued 4/8/15 = $297,337.46
approved and processed for payment on work completed.
Water Treatment install is underway.
Work to be performed in June & July.
We will issue a letter of compliance with Dean Baldwin for work schedule.
City needs $428,700 extra funds (Finance approved 4/29, Council to approve 4/30)
Reischman Park – NM MainStreet 14-419-A131252-1404:
SCOPE: Design and construct Reischman Park Renovations.
ESTIMATED COST: $ 145,000
FUNDING: $ 100,000 from grant, remaining from internal funds.
BUDGET: Total Budget: $ 138,780.97
Total Encumbrance: $ 138,782.32
Total Change Orders: $ -
Current Balance: $ (1.35)
PROJECT SCHEDULE: August 30, 2013 to October 1, 2015
EST. COMPLETION: July 2015
PROJECT STATUS:
Construction on this project is completed. Working on street furniture to install here.
East Bland Street Sidewalks 14-C-NR-I-01-G-19:
SCOPE: Plan, design and construct improvements to East Bland Street from Mesa Middle School west to
Beech Avenue; and East Bland Street from Beech Avenue west to Garden Avenue and Garden
Avenue from East Bland Street north to the railroad tracks.
ESTIMATED COST: $ 580,000
FUNDING: $500,000 2014 CDBG Grant funds, $80,000 internal leveraging funds (required by CDBG)
PROJECT SCHEDULE: October 14, 2014 to December 31, 2015
EST. COMPLETION: August 2015
PROJECT STATUS:
On May 6, 2015, City was issued a letter of official release to use the $500,000 funds awarded. On
May 7, 2015 the City received comments from Hope Reed, Governor’s Commission on Disability.
This was the first review of completed plans. Staff is addressing these comments on the plans and
will submit to DFA for final approval of plans and be able to advertise and bid upon approval of
plans. Approval of plans has been received. Bid documents being compiled and will need DFA
approval also.
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Working Mothers 12-L-G-1428:
SCOPE: Plan, design and renovate the kitchen.
ESTIMATED COST: $ 112,500
FUNDING: $100,000 Capital Appropriations Grant + $10,000 from WMDN
BUDGET: Total Budget $ 107,754.35
Total Encumbrance $ 107,754.35
Total Change Orders $ -
Current Balance $ 0.00
PROJECT SCHEDULE: April 15, 2013 to June 30, 2016
EST. COMPLETION: Completed - April 2015
PHOTOS
PROJECT STATUS: Admin Phase I 100%
Design 100%
Admin Phase II 100%
Construction 100%
Closeout 95%
All closeout documents received. Project closed.
Youth Challenge 12-L-1579:
SCOPE: Plan, design and renovate the dormitory facility for an at-risk youth program.
ESTIMATED COST: $ 2,095,000
FUNDING: $2,000,000 Capital Appropriations Grant + $30,000 from Youth Challenge + City Funding
BUDGET: Total Budget $ 2,095,000.00
Total Encumbrance $ 2,080,863.15
Total Change Orders $ (2,945.94)
Current Balance $ 17,082.79
PROJECT SCHEDULE: October 6, 2013 to June 30, 2016
EST. COMPLETION: December 2015
PHOTOS
PROJECT STATUS: Admin Phase I 100%
**Ghant Chart Data Sheet Design 100%
Admin Phase II 100%
Construction 0%
Closeout 0%
Youth Challenge will take care of the polished concrete and the painting. The polished concrete will need to be
completed by June 30th. Notice to proceed issued to Vantage 5/22/15. GC Permit received 6/9/15. Pre-
construction meeting held 6/15/15 and work has begun.
Playground Equipment in Parks 14-L-1895:
SCOPE: Purchase and install playground equipment in parks.
ESTIMATED COST: $ 25,000
FUNDING: $ 25,000 Capital Apppropriation Grant
PROJECT SCHEDULE: September 9, 2014 to June 30, 2016
EST. COMPLETION: June 2015
PROJECT STATUS:
Equipment has been ordered. 1st request for reimbursement submitted.
Public Restrooms 13-L-1669:
SCOPE: Plan, design and renovate the restroom facility in the Fisk Building.
ESTIMATED COST: $ 220,000.00
FUNDING: $150,000 Grant Funds with $1,500 Art in Public Places + Lodger’s Tax
BUDGET: Total Budget $ 250,000.25
Total Encumbrance $ 15,299.00
Total Change Orders $ -
Current Balance $ 234,701.25
PROJECT SCHEDULE: October 3, 2013 – June 30, 2017
EST. COMPLETION: December 2016
PROJECT STATUS: Admin Phase I 100%
**Ghant Chart Data Sheet Design 95% 3/27/15 HOLD @ 95%
Admin Phase II 0%
Construction 0%
Closeout 0%
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(Currently on Hold) 4/28/15 meeting: Awaiting determination on building structure.
Eastside Little League Baseball Complex 14-L-1893:
SCOPE: Plan, design, renovate and re-roof bathrooms and concession facility
ESTIMATED COST: $ 75,000
FUNDING: $ 75,000 Capital Appropriations Grant
BUDGET: Total Budget $ 75,000.00
Total Encumbrance $ -
Total Change Orders $ -
Current Balance $ 75,000.00
PROJECT SCHEDULE: September 9, 2014 – June 30, 2018
EST. COMPLETION: 2016
PHOTOS
PROJECT STATUS: Admin Phase I 100%
Design 100%
Admin Phase II 30%
Construction 0%
Closeout 0%
3/27/15 Met with Parks & Rec’s and users to go over site.
4/3/15 Created project estimate.
4/9/15 Made final decisions and established final direction
CES Quotes pending
Joe Bauman Baseball Stadium 14-L-1894:
SCOPE: Plan, design, renovate and re-roof bathrooms and concession facility
ESTIMATED COST: $ 75,000
FUNDING: $ 75,000 Capital Appropriations Grant
BUDGET: Total Budget $ 75,000.00
Total Encumbrance $ -
Total Change Orders $ -
Current Balance $ 75,000.00
PROJECT SCHEDULE: September 9, 2014 – June 30, 2018
EST. COMPLETION: 2016
PHOTOS
PROJECT STATUS: Admin Phase I 100%
Design 100%
Admin Phase II 30%
Construction 0%
Closeout 0%
3/27/15 Met with Parks & Rec’s to go over site.
4/7/15 Created project estimate.
4/9/15 Made final decisions and established final direction
CES Quotes pending
Veterans Cemetery 14-L-1896:
SCOPE: Plan, design and construct a veteran’s cemetery.
ESTIMATED COST: $ 250,000
FUNDING: $250,000 Capital Appropriations Grant
BUDGET: Total Budget $ 256,392.45
Total Encumbrance $ 254,142.83
Total Change Orders $ -
Current Balance $ 2,249.62
PROJECT SCHEDULE: September 9, 2014 – June 30, 2018
EST. COMPLETION: November 2015
PHOTOS
PROJECT STATUS: Admin Phase I 100%
**Ghant Chart Data Sheet Design 100%
Admin Phase II 100%
Construction 7%
Closeout 0%
5/21/15 PO Issued to CES (Waide). Work has begun.
6
Poe Corn Splash Pad 14-L-1897:
SCOPE: Plan, design, construct, furnish, and equip a splash pad aquatic facility at Poe Corn Park.
ESTIMATED COST: $ 200,000
FUNDING: $100,000 Capital Appropriation Grant, $100,000 Donor
BUDGET: Total Budget $ 200,000.00
Total Encumbrance $ -
Total Change Orders $ -
Current Balance $ 200,000.00
PROJECT SCHEDULE: September 9, 2014 to June 30, 2018
EST. COMPLETION: Unknown
PHOTOS
PROJECT STATUS: Admin Phase I 5%
Design 0%
Admin Phase II 0%
Construction 0%
Closeout 0%
Final approvals and reauthorization paperwork has been processed with the State. We are awaiting final grant
agreements for signature.
Poe Corn Recreation Center 14-L-1897A:
SCOPE: Plan, design, purchase, install, construct, furnish, and equip improvements to the Poe Corn Rec Center.
ESTIMATED COST: $ 150,000
FUNDING: $150,000 Capital Appropriation Grant
BUDGET: Total Budget $ 100,000.00
Total Encumbrance $ -
Total Change Orders $ -
Current Balance $ 100,000.00
PROJECT SCHEDULE: September 9, 2014 to June 30, 2018
EST. COMPLETION: Unknown
PHOTOS
PROJECT STATUS: Admin Phase I 5%
Design 0%
Admin Phase II 0%
Construction 0%
Closeout 0%
Final approvals and reauthorization paperwork has been processed with the State. We are awaiting final grant
agreements for signature.
Yucca Recreation Center 14-L-1897B:
SCOPE: Plan, design, repair, improve, and construct the Yucca Recreation Center.
ESTIMATED COST: $ 250,000
FUNDING: $250,000 Capital Appropriation Grant
BUDGET: Total Budget $ 250,000.00
Total Encumbrance $ -
Total Change Orders $ -
Current Balance $ 250,000.00
PROJECT SCHEDULE: September 9, 2014 to June 30, 2018
EST. COMPLETION: Unknown
PHOTOS
PROJECT STATUS: Admin Phase I 5%
Design 0%
Admin Phase II 0%
Construction 0%
Closeout 0%
Final approvals and reauthorization paperwork has been processed with the State. We are awaiting final grant
agreements for signature.
Cemetery Roads 15-0740:
SCOPE: Plan, design, and construct improvements to the roads within the cemetery.
ESTIMATED COST: $ -
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FUNDING: $50,000 Capital Appropriation Grant
BUDGET: Total Budget $ 50,000.00
Total Encumbrance $ -
Total Change Orders $ -
Current Balance $ 50,000.00
PROJECT SCHEDULE: Unknown
EST. COMPLETION: Unknown
PHOTOS
PROJECT STATUS: Admin Phase I 5%
Design 0%
Admin Phase II 0%
Construction 0%
Closeout 0%
Bond questionnaire has been submitted to the State. We are awaiting final grant agreements for signature.
Splash Pad 15-0741:
SCOPE: Plan, design, construct, purchase, and install water splash pads in public parks.
ESTIMATED COST: $ -
FUNDING: $145,000 Capital Appropriation Grant
BUDGET: Total Budget $ 145,000.00
Total Encumbrance $ -
Total Change Orders $ -
Current Balance $ 145,000.00
PROJECT SCHEDULE: Unknown
EST. COMPLETION: Unknown
PHOTOS
PROJECT STATUS: Admin Phase I 5%
Design 0%
Admin Phase II 0%
Construction 0%
Closeout 0%
Bond questionnaire has been submitted to the State. We are awaiting final grant agreements for signature.
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MEMORANDUM
Meeting Date: Monday, July 20, 2015
Item No. D-2
To: Infrastructure Committee
From: Louis Najar, Director of Planning & Engineering
Subject: Country Club 36” Water Line Project Update
______________________________________________________________________
Background: Project is for removal and replacement of 1300 feet of
existing 36” diameter concrete water line with new ductile
iron water line, along Country Club Road east and west of N.
Montana. Also remove/replace 1300 feet of 30” diameter
concrete water line with new ductile iron water line.
The City received a $2 million Federal Drinking Water Loan
for this project.
Update Summary: Contractor has installed approximately 700’ of 36” water
main. July 20 -24, contractor is crossing east west with 36”
water line across N. Montana.
Contractor is progressing satisfactorily and project is
projected to be within budget.
Some problems have been encountered with trying to isolate
the project, when existing water valves are broken and City
cannot shut off water. Diligence is paying off, and project is
progressing.
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MEMORANDUM
Meeting Date: Monday, July 20, 2015
Item No. D-3
To: Infrastructure Committee
From: Elizabeth Stark-Rankins, Support Services Administrator
Subject: Boy Scouts MOU Update
______________________________________________________________________
Background: Councilor Best along with the former Building and Lands
Committee requested that an MOU be drawn up between
the City and the Boy Scouts for use of the building located in
Valley View Park. Parks and Recreation has struggled to get
a hold of the users of this building to begin the process to
setup an MOU.
Update Summary: Due to Parks inability to contact the users of this facility
despite several attempts, a lock will be placed on the door
and a note that asks the users to call the Parks office so that
contact can be made.
Attachments: Aerial View of the Property
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MEMORANDUM
Meeting Date: Monday, July 20, 2015
Item No. D-4
To: Infrastructure Committee
From: Louis Najar, City Engineer
Subject: Paving Projects Update
______________________________________________________________________
Background: The City has 3 large paving projects which have been
budgeted:
1. Convention Center Parking Lot & 9th St.
2. N. Main Pavement Rehab – Country Club to Berrendo
3. S. Sunset Pavement Rehab – Poe to Hobbs
Update Summary: Convention Center was bid in April and bids rejected due to
over budget. Plans for N. Main are complete. Design is
continuing for S. Sunset. It is planned to bid all projects the
same bid opening in the late summer to attract more than
one bidder.
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MEMORANDUM
Meeting Date: Monday, July 20, 2015
Item No. D-5
To: Infrastructure Committee
From: Louis Najar, Director of Planning & Engineering
Subject: WWTP Headworks Project – Bid Update
______________________________________________________________________
Background: Bids were opened on June 23, 2015. Due to protest from
one of the bidders, the bids were rejected.
Update Summary: This project is currently being re-bid for a July 28, 2015 bid
opening.
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MEMORANDUM
Meeting Date: Monday, July 20, 2015
Item No. E-1
To: Infrastructure Committee
From: Louis Najar, Director of Planning & Engineering
Subject: ICIP Submission
______________________________________________________________________
Action Requested: Review and approve ICIP 2017-2021 Abbreviated for
submission to the State.
Staff Recommendation: Approve ICIP 2017-2021 Abbreviated as presented.
Background: The State collects submissions of Infrastructure Capital
Improvement Plans (ICIP) each year for the next 5-year
period which would be 2017-2021. These plans are due no
later than September 2 and must be entered and submitted
through the State’s electronic entry system.
The top 5 items on this plan are eligible to be requested for
State capital outlay funding. But, other organizations such as
DOT or CDBG require items to be on this list in order to
request funding through their mechanisms as well.
Update Summary: This year the ICIP has been streamlined and abbreviated to
more clearly address our immediate needs. We plan to
submit this abbreviated ICIP to cover the topmost priorities
of the City and include those items that rely on this process
for funding.
Later this year, the City Manager wishes to undertake a
more extensive review of a capital plan for the City to use
internally and work from for next year’s ICIP submission.
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Attachments: ICIP 2017-2021 Abbreviated
City Council Action: With approval from Infrastructure Committee, the City
Council will need to approve this plan for submission to the
State.
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Infrastructure Capital Improvement Plan 2017‐2021
Funded to Total Project Cost Unfunded Cost
Project Title Year Rank 2016 2017 2018 2019 2020 2021 Notes
Date (2016‐2021) (2017‐2021)
Air Center Roof Replacements 2017 001 ‐ 801,917 2,500,000 750,000 750,000 750,000 750,000 6,301,917 5,500,000 Replace building 1083 roof in 2017
Road Reconstruction and ADA Upgrades 2017 002 ‐ 1,682,000 1,682,000 4,700,000 5,100,000 9,330,000 5,447,000 27,941,000 26,259,000 2017: Union and Washington north from
Jaffa to Poe, future roads to be addressed
will be based on pavement condition index
City Hall Annex Roof 2017 003 ‐ 150,000 ‐ ‐ ‐ ‐ 150,000 150,000 Full roof replacement
Cemetery Street Paving 2017 004 50,000 150,000 150,000 150,000 150,000 150,000 750,000 750,000 Can address 6/10 mile each year of the
total 5 miles in Cemetery
Fire Station Roof Replacements 2017 005 ‐ 160,000 320,000 480,000 480,000 2017: Station 1, 2020: Station 2
Replace Large Diameter Water Valves 2017 006 ‐ 500,000 750,000 2,350,000 750,000 4,350,000 3,850,000 Berrendo and Garden, S. Main in 2019
Replace Large Diameter Water Lines 2017 007 2,020,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 12,000,000 6,000,000 For lines larger than 16"
Fire Training Center Improvements 2017 008 ‐ 300,000 300,000 300,000 Includes parking lot and exterior concrete
work
Bridge Replacement 2017 009 ‐ 1,500,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 6,500,000 5,000,000 2016: Garden Ave. bridge, 2017: Lea &
Deming bridge
Replace Small Diameter Water Lines 2017 010 ‐ 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 1,000,000 6,000,000 ‐ For lines smaller than 16"
Fire ‐ New 105 Foot Aerial Ladder 2017 011 ‐ 1,500,000 1,500,000 1,500,000 Ladder 1 replacement
Rehab Manholes 2017 012 ‐ 250,000 250,000 250,000 250,000 250,000 250,000 1,500,000 ‐ 50‐55 per year, ongoing city‐wide project
Cahoon Pool Improvements 2017 013 ‐ 250,000 ‐ 250,000 ‐ 250,000 750,000 750,000 Includes: bathouse, pumphouse, filters,
roofs, deck lines, lockers, utilities, etc.
Reconstruct Cahoon Drainage and Roadway 2017 014 ‐ 3,000,000 3,000,000 3,000,000
CDBG Project 2017 015 ‐ 500,000 500,000 500,000 500,000 500,000 2,500,000 2,500,000 Listed for purposes of CDBG grant funding
City Hall Renovations 2017 016 ‐ 500,000 500,000 500,000 ‐ ‐ 1,500,000 1,500,000 Would include HVAC, plumbing upgrades,
and other renovations
Parks and Recreation Masterplan 2017 017 ‐ 125,000 ‐ ‐ ‐ ‐ 125,000 125,000 Most recent plan completed in 2007,
included for funding purposes
Convention Center HVAC Improvements 2017 018 ‐ 23,500 150,000 ‐ ‐ ‐ ‐ 173,500 150,000 To replace 19 year old unit, 470,000 BTU
Trail Improvements and Maintenance 2017 019 ‐ 200,000 200,000 200,000 200,000 200,000 1,000,000 1,000,000 Includes trail updates for material,
landscaping, etc.
Jane Batson Memorial Trail 2017 020 ‐ 530,000 ‐ ‐ 530,000 530,000 New trail in OMA to go from 8th street
north to Strata Production and connect
back to runway trail, Included for RTP
funding purposes
Pecos Transit Bus 2017 021 ‐ 140,000 145,600 151,424 157,481 163,780 758,285 758,285 Included for DOT funding purposes
Pecos Transit Van 2017 022 ‐ 85,000 88,400 91,936 95,613 99,438 460,387 460,387 Included for DOT funding purposes
TOTAL 2,070,000 7,757,417 16,922,000 11,284,000 14,293,360 15,753,094 12,560,218 78,570,090 60,562,673
85.53% Unfunded portion of 2017‐2021 costs
16
MEMORANDUM
Meeting Date: Monday, July 20, 2015
Item No. E-2
To: Infrastructure Committee
From: William Morris, Planning Manager
Subject: Water Well Ordinance
______________________________________________________________________
Action Requested: Review proposed language for domestic water well
ordinance and make recommendations.
Background: No domestic water well ordinance exists currently in the City
of Roswell. Due to increasing attention to water conservancy
and service delivery efficiency, it is felt that such an
ordinance should be enacted.
Update Summary: The overall intent of this Ordinance is to require property
owners to hook up to the City’s potable water distribution
system if the property is located within 300 feet of the line.
The draft Ordinance would also provide a means of applying
for approval of a new domestic well if the property is located
farther than 300 feet away from a water line.
It is also important to note that the Office of the State
Engineer (OSE) has informed City staff that, based on State
statutes, the OSE must approve any domestic water well
application that meets their criteria.
Attachments: Draft Language for Domestic Water Well Ordinance
17
Domestic Water Well Ordinance
Draft Language (7/9/15)
1. The City of Roswell hereby restricts the drilling of new domestic water wells
inside the City limits if the property boundary of the domestic well applicant is
within three-hundred (300) feet of a municipal water distribution line. Where a
water distribution line is at or within 300 feet of the property, the applicant must
connect to the City of Roswell’s potable water system at the applicant’s expense.
2. In the event that a property is located beyond 300 feet of a water distribution line,
the property owner may submit an application to the City to drill a domestic well.
Approval of this permit would require the following:
A. Approval by the Office of the State Engineer (OSE).
B. A determination by the City Engineer that the placement of the requested
water well is consistent with all utility plans adopted by the City.
C. Approved wells shall be drilled by a Licensed Well Driller and all work
done in accordance with requirements of the Office of the State Engineer.
D. The City of Roswell shall act upon a domestic well application within 30
calendar days of the receipt of said request, or it shall be deemed
approved.
E. The City of Roswell shall provide domestic water service to the property
within 90 days from the date that the City denies the applicant’s well
permit.
3. A copy of this ordinance filed with the state engineer’s office upon its approval.
4. The City of Roswell shall notify the state engineer’s office of all municipal permit
denials for domestic well authorization.
5. Nothing in this section shall limit the authority of the Office of the State Engineer
to administer water rights as provided by law.
6. The decision of the City of Roswell may be appealed to the district court in
Chaves County.
FILE:C:\USERS\CITYPLANNER\DOCUMENTS\PROJECT FILES\CITY CODE CHANGES\WATER WELLS\DOMESTIC WELLS
ORDINANCE 7-9-15-B.DOC
Draft Water Well Ordinance Page 1 of 1 7/9/15
18
MEMORANDUM
Meeting Date: Monday, July 20, 2015
Item No. E-3
To: Infrastructure Committee
From: Elizabeth Stark-Rankins, Support Services Administrator
Subject: Hispano Chamber of Commerce Lease Extension
______________________________________________________________________
Action Requested: Approval of presented lease extension to June 30, 2016.
Staff Recommendation: Approve lease extension as presented.
Background: The Hispano Chamber of Commerce leases the front,
downstairs portion of the Fisk Building. The lease approved
by the City enacted on June 30, 2013 allows for three 1-year
extensions.
Update Summary: This lease extension would cover from July 1, 2015 to June
30, 2016 at a rate of $350 per month. This is the second 1-
year lease extension as allowed by their original lease. The
City Attorney has reviewed this agreement.
Attachments: Hispano Chamber Lease Extension Agreement 2015-2016
City Council Action: If approved by the Infrastructure Committee, City Council
would consider approval of this at their next meeting.
19
LEASE AGREEMENT EXTENSION #LE001
THIS LEASE AGREEMENT EXTENSION is made and entered into this _____ day
of August 2015 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal
corporation, hereinafter called Lessor, and the ROSWELL HISPANO CHAMBER OF
COMMERCE, hereinafter called Lessee.
WHEREAS, Lessor and Lessee have entered into a lease agreement dated June 30, 2013
for certain office suites and spaces located within a certain property known as the Fisk Building,
located at 327 N. Main Street.
WHEREAS, the lease agreement allows for three (3) one (1) year term extensions of
which this is the second of the three allowed lease extensions and both parties wish to continue
the lease agreement under the current lease agreement dated June 30, 2013.
NOW THEREFORE, for and in consideration of the covenants and agreements to be
performed by Lessee, both parties do hereby agree as follows:
1. TERM: This lease agreement extension begins on July 1, 2015 and ends on June 30, 2016
with Lessee having the option to extend the lease as provided in the original lease agreement
to which this extension applies.
2. RENT: The lease amount shall be paid in monthly installments of $350.00 each due on the
first day of each month during the terms of this lease agreement extension.
3. NOTICES: All notices, requests, or other communication to Lessor shall be given by
registered mail addressed as follows:
City of Roswell
ATTN: Support Services Administrator
415 N. Richardson Ave.
P.O. Box 1838
Roswell, NM 88202-1838
4. ORIGNAL CONDITIONS: All terms and conditions of the original lease agreement shall
remain in effect and unchanged except where provided for in this lease agreement extension.
5. EFFECT: The terms and provisions hereof shall extend to and be binding upon the
successors and assigns of the parties hereto:
IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement
Extension as of the date first written above.
LESSOR: CITY OF ROSWELL, NEW MEXICO Attest:
_______________________________ ___________________________
By: DENNIS KINTIGH, Mayor SHARON COLL, City Clerk
20
LESSEE: ROSWELL HISPANO CHAMBER OF COMMERCE
_______________________________
By: ROMO VILLEGAS, Executive Director
APPROVED AS TO FORM:
_______________________________
WILLIAM W. ZARR, City Attorney
21
MEMORANDUM
Meeting Date: Monday, July 20, 2015
Item No. E-4
To: Infrastructure Committee
From: Elizabeth Stark-Rankins, Support Services Administrator
Subject: Allison Farm – Lease Amendment Request
______________________________________________________________________
Action Requested: Review Mr. Schrimsher’s request and provide direction on
how staff should proceed.
Staff Recommendation: A: Perform concrete ditch removal only and have Mr.
Schrimsher directly purchase the new pivot irrigation system.
Payback the cost over the remaining 4 years of his current
lease.
B: Purchase new pivot irrigation system and perform
concrete ditch removal. Payback the cost over the remaining
4 years of his current lease.
Background: Mr. Fred Schrimsher currently leases the property known as
the Allison Farm. His current lease runs from January 1,
2006 to December 31, 2019. During this period, the City
purchased and helped to install 3 pivot irrigation systems.
Mr. Schrimsher agreed to pay back the cost of these
systems through the original lease for system #1 and
through 2 addendums for system #2 and #3 successively.
Update Summary: Mr. Schrimsher is now requesting a 4th system be purchased
by the City and concrete ditch removed from the area to
allow for the installation of this system. His request asks for
a 10% increase to the lease over a 10-year period for this
22
purpose. However, based on the estimated costs, this would
not cover the full expense of the system and ditch removal.
Additionally, the lease expires in 2019 and, so, tying the
payback to the lease would require an extension of the lease
itself to cover this period.
Staff’s review suggests 2 potential options for handling Mr.
Schrimsher’s request: A) require Mr. Schrimsher to purchase
the pivot irrigation system and City staff remove the concrete
ditch or B) City staff purchase the pivot irrigation system and
remove the concrete ditch. Both options would pay back the
cost to the City over the remaining 4 years (beginning
January 1, 2016) of his current lease.
Attachments: Lease Agreement 2006-2019
Aerial View of Property
Request from Mr. Schrimsher and Proposed Location
Payment Schedule Analysis
City Council Action: City Council would ultimately approve the final agreement,
once approved by the Infrastructure Committee.
23
LEASE AGREEMENT
THIS AGREEMENT, made and entered into this ...l.B..-
day of January, 2006 by
and between the CITY OF ROSWELL, NEW MEXICO, a Municipal Corporation,
hereinafter called Lessor and ROSWELL VEGETABLE FARMS, INC., a New Mexico
Corporation, hereinafter called Lessee.
WHEREAS, Lessor is the fee owner of and has the right to utilize, including the
right to lease, the following described real property, together with the improvements
thereon, in Chaves County, New Mexico, to wit:
All that part of Section 25 and Section 26, Township 11 South, Range 24
East of the New Mexico Principal Meridian, lying North and East of State
Road No.2, being more particularly described as follows:
Beginning at the Northeast corner of Section 25; thence North 89° 47'
West a distance of 2729.02 feet to the North quarter corner of Section 25;
thence North 89° 43' West a distance of 2732.45 feet to the Northwest
corner of Section 25; thence North 89° 38' West a distance of 968.14 feet;
thence South 31° 31' East a distance of 6300.0 feet to the South line of
Section 25; thence South 89° 55' East a distance of 2758.9 feet to the
Southeast corner of Section 25; thence North 0° 27' West a distance of
5334.55 feet to the point of beginning. Consisting of approximately 552.9
acres of land and 579.7 acres of water rights. EXCEPTING THERE
FROM, Tract B of the Tweedy/Allison Farm Survey, containing 10 acres
more or less, land only.
NOW, THEREFORE, for and in consideration of the covenants and agreements
to be performed by Lessee, Lessor does lease the above described premises to the
Lessee for a term of fourteen (14) years, beginning on January 1, 2006 and ending
December 31,2019.
1 Rent: Lessee agrees to pay Lessor an annual rental in the amount of
Fifty-Four Thousand Six Hundred Seventy and No/100 Dollars ($54,670.00). The
Lessee may elect to pay one-half of the annual rental at the beginning of the year and
simultaneously submit an irrevocable letter of credit from a local financial institution
guaranteeing payment of the remaining half of the lease rent on or before December
31, of the active lease year.
a. The Lessor and Lessee agree that a five (5%) percent finance charge,
based on the annual lease rental rate, shall be assessed as a result of implementing
the delayed payment option as set forth in the preceding paragraph.
th
b. At the end of the third (3rd), fifth (5th ), seventh (ih) and tenth (10 ) year
of the lease, the rental rate will be adjusted based on seventy-five (75%) percent of the
increases in the Consumer Price Index (CPI).
c. In addition to and separate from the annual lease rental fees, the Lessee
agrees to make an annual payment towards the cost of the orbital irrigation system in
the amount of Ten Thousand Seven Hundred Seventy One dollars and thirteen cents
($10,771.13). The amortized payments for the sprinkler system shall be made on or
before the first (1 st) day of January for the first thirteen (13) years of the lease. The last
payment on the irrigation system in the amount of Ten Thousand Seven Hundred
st
Seventy One dollars and four cents ($10 ,771.04) will be due on or before the first (1 )
day of January, 2019.
2. Possession: Lessor agrees to grant Lessee possession and agrees that
Lessee will be afforded a reasonable opportunity to remove crops that have not been
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harvested at the expiration of this lease subject to interfering with neither Lessor's right
to possession nor the farming operations of any subsequent tenants.
3. Condition of Premises: Lessee accepts the leased premises in their
present condition. Lessee agrees that it has inspected the above-described property
and all improvements located thereon and that it is receiving the same in good repair
and condition. At the expiration of the term hereof, Lessee agrees to yield up and
deliver the leased premises to Lessor in as good repair and condition as when entered
upon, loss resulting from ordinary use and wear excepted.
4. Maintenance: Except as otherwise provided herein, Lessee, at its sole
cost and expense, shall maintain the leased premises in a clean and orderly condition
and shall maintain and replace when necessary all plumbing, wiring, glass, heating and
other similar fixtures or equipment located on or in any portion of the above described
property and buildings located thereon. Lessor shall be the sale judge of the,quality of
maintenance, and upon written notice by Lessor to Lessee, Lessee shall be required to
perform whatever maintenance is deemed necessary by Lessor. If said maiptenance is
not undertaken within ten days after receipt of written notice, Lessor shall have the rig ht
to enter upon the leased premises and perform the necessary maintenance, the cost of
which shall be borne by Lessee.
a. Lessee specifically agrees to maintain, at its sole cost, irrigation
ditches, orbital irrigation system(s) and water/electricallines and to maintain all fence
rows, ditches, road access-ways and equipment storage/maintenance areas in a weed-
free condition. Should Lessee fail to adequately maintain the ditches and fence rows
weed-free, Lessor may consider such nonperformance a default and proceed as
provided in Paragraph 12. Lessor shall give written notice of such termination to
Lessee and Lessee shall be afforded reasonable opportunity to remove its removable
possessions.
b. Lessee's responsibilities to pay for repairs under this paragraph shall
include only minor repairs, that is, repairs whose total cost including parts and labor is
less than one thousand dollars ($1,000.00) for each separate event, Repair expenses
may not be consolidated or cumulated in arriving at the total expense for anyone
repair. In the event anyone repair exceeds one thousand dollars ($1,000.00), the
Lessee shall be responsible for the first one thousand dollars ($1,000.00) and the
Lessor shall be responsible for the remainder.
c. Lessor agrees that in the event repair replacement of an irrigation
pump or its associated equipment is necessary during one growing season that Lessor
will take all reasonable steps necessary to provide a continued and adequate supply of
water but assumes no liability for failure to supply such water and the failure shall
occasion no abatement by the rental hereunder.
5. Water Rights: The water rights appurtenant to the leased premises are
governed and regulated by law. The parties agree that Lessee shall not use more than
3.5 acre feet of water per acre of water rights during anyone (1) year period during the
term of this lease without approval of Lessor. Any over appropriation of water without
the approval of the Lessor may be treated as a default of this lease. Over-use of the
allotted water rights shall be based on an average determined in five year increments
per the New Mexico State Engineer's Water Allocation report(s). Over-use of the water
allocation shall be reimbursed by the Lessee to the Lessor at the rate of $22.87 per
acre foot.
6. Taxes, Licenses and Utilities: During the term thereof, Lessee shall
pay all taxes, licenses, charges, fees or assessments levied or to be levied upon
C:RosVegFarmlease.003
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25
personal property, fixtures or equipment placed by Lessee upon said premises,
accrued or accruing, of whatsoever kind or nature, incident to or arising out of the
conduct of Lessee's business.
7. Improvements: Except as otherwise provided herein, Lessee shall have
the right to install such fixtures and equipment as may be necessary for the conduct
and operation of its business and at the expiration of the term hereof, shall have the
right to remove all such fixtures and equipment installed by it that can be removed
without damage to the premises provided, however, Lessee shall not make, suffer or
permit to be made, any major additions, alterations or improvements on the premises
without first obtaining the written consent of Lessor, and in the event the consent is
given and Lessee makes any major alterations, additions or improvements such work
shall be done in such a manner that no mechanic's lien, material man's lien or other
liens of any kind shall be created against or imposed upon the premises or any part
thereof, and Lessee shall indemnify and sa"e harmless the Lessor from any and all
liability and claims for damages of any kind and nature which may be made or accrue
against Lessor on account of any such major alterations, additions or improvements.
Lessee hereby agrees that any such major alterations, additions or improvements made
by it shall become the property of the Lessor, and the value thereof will not be offset
against any amounts claimed by the Lessor as owing under the terms of this lease.
a. The Lessor and Lessee agree that the Lessee shall bear the sole
responsibility of paying the Lessor for the purchase and installation of the orbital
irrigation system(s). These costs shall be pro-rated over a fourteen (14) year period, at
three percent (3%) simple interest. At the termination of this lease the orbital irrigation
system(s) shall become City property.
b. The Lessee's obligation to repay any pro-rated balance on the orbital
irrigation system(s) shall terminate without penalty in the event the City exercises the
right to transfer the water rights for use by the City.
8. Insurance: During the term hereof, Lessee, at its sole cost and expense
shall:
a. Keep the above described property and all other such buildings,
fixtures and equipment located thereon or therein insured against loss by fire, and other
such risks as may be included in the broadest form of extended coverage insurance
available from standard insurance companies in an amount not less than $66,000.00,
with a loss payable clause in favor of Lessor and Lessee as their interests may appear.
Specific dollar coverage is as follows: North Hay Barn, $35,000.00; Metal Shop,
$21,000.00; and the Long Implement Shed, $10,000.00.
b. Maintain in full force and effect a policy or policies of general public
liability insurance, in which Lessor and Lessee are named as insured, covering against
claims for injury, death or damage to persons or property occurring upon, in or about
the leased premises, in such limits as may be reasonably required by Lessor from time
to time, but not less than $1,000,000.00 for bodily injury or death and lor property
damage claim arising out of a single occurrence.
9. Damage or Destruction of Premises: If at any time during the term
hereof any of the buildings upon the property described above are damaged or
destroyed by fire or the elements, or other causes, said buildings shall be promptly
repaired and rebuilt and restored by and at the sole cost and expense of the Lessee
after settlement is made with the insurance carrier and payment is received, to a
condition as good as the same was immediately prior to such damage or destruction,
using the insurance funds provided in this lease toward such expense and in
accordance with all new laws, regulations and ordinances of all governmental
authorities having jurisdiction; and during the time of said repair, reconstruction or
restoration, the rent reserved herein shall not abate, except that received by Lessor,
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26
and Lessee shall be required to continue payment of the rental installment in the same
manner as though there had been no damage or destruction. Lessor agrees to
cooperate in making repair, reconstruction or restoration.
10. Liability: Lessor shall not be liable to Lessee or to Lessee's employees,
customers, visitors or any other person for any injury or damage to person or property
arising from any cause whatsoever which shall occur in any manner in or about the
premises in connection with, or arising out of, Lessee's operation and use of the
premises, and Lessee agrees to indemnify and save harmless Lessor for any claim for
damage which may occur in any manner in or about the premises.
11. Condemnation or Governmental Taking: In the event the leased
premises or any portion thereof shall be condemned for public or quasi-public purposes
or shall be taken by any governmental authority in any manner whatsoever during the
term hereof, the parties hereto agree as follows:
a. In the event the leased premises shall be totally condemned or
taken, or condemned or taken to such an extent that is wholly impracticable for Lessee
to use the premises for the purpose of farming, this lease shall terminate as of the
effective date of such condemnation of taking.
b. In the event a portion of the leased premise be condemned or taken,
but such condemnation or taking does not render the continued operation of Lessee's
business on the leased premises wholly impracticable Lessee's obligation under this
lease shall continue in full force and effect, but the amount of rent payable by Lessee
shall be reduced in the proportion which the portion of the leased premises condemned
or taken bears to the total area of the leased premises. In such event, Lessee shall
bear any necessary costs of relocating its equipment and placing the remaining
premises in proper and usable condition.
c. In the event of total or partial condemnation or taking of the leased
premises as aforesaid, Lessee shall have no right or cause of action against Lessor;
provided, however, Lessee shall be entitled to participate in any award to the extent that
such award includes the loss, if any, sustained by the Lessee as a result of the
termination of this lease or diminution of its leasehold estate and the value of any
fixtures condemned or taken if such fixtures were installed by Lessee and are located
upon the leased premises at the time of such condemnation or taking. Lessee reserves
the right to proceed independently of Lessor with any claim for compensation for
damages to which Lessee may become entitled by reason of such total or partial
condemnation or taking.
12. Default: The following events shall be deemed a default for the
purposes of this agreement:
a. Failure to Pay Rent: If Lessee fails to pay the rent in the time and
manner provided herein, or if Lessee defaults in any of the covenants or promises to be
preformed by it, then at its option the Lessor may give the Lessee written notice setting
out such default and if Lessee fails to cure said default within thirty days after receiving
said notice, then at its option, Lessor may use any remedy or remedies provided by law
or equity, including but not limited to the following:
1. Lessor may declare this lease terminated and enter upon the
leased premises or any part thereof, either with or without process of law,
and repossess said premises.
2. Lessor may re-enter the leased premises and may rent the
same in behalf of Lessee upon such terms as are suitable to Lessor, all
without releasing Lessee from any liability hereunder. In such event, any
monies collected by such leasing shall be applied first to the expense of
C:RosVegFarmlease.003
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27
restoring and placing the premises in a rentable condition and next to the
payment of the rent or any sum due the Lessor hereunder and the Lessee
shall remain liable for any deficiency.
b. Without waiving any lien given to Lessor by statute, Lessee hereby
agrees and grants the Lessor a good, valid and first lien upon any and all of the
equipment, chattels and other property now or hereafter belonging to said Lessee and
located on the leased premises as security for the payment of the rent and the
fulfillment of the performance of the promises of the Lessee hereunder.
c. Lessee shall pay Lessor all reasonable attorneys' fees, costs and
expenses that may arise from enforcing any of the terms of this lease. If Lessor waives
any provisions hereof or any default by the Lessee, then the same shall not constitute a
waiver by the Lessor of any other subsequent breach of default.
13. Bankruptcy: If Lessee should be adjudged bankrupt, either voluntarily
or involuntarily, Lessor shall have the option to forthwith terminate this lease and re-
enter the leased premises and take possession thereof, and in no event shall this lease
be deemed to be an asset of the Lessee after adjudication in bankruptcy.
14. Use of the Premises: The Lessee does hereby covenant and agree that:
a. Lessee shall use the leased premises solely for the purpose of
conducting and operating its farming business together with such other related uses as
shall be reasonable accessory thereto, and for no other purposes, and it shall not use
the leased premises for any purpose prohibited by the laws of the United States, the
State of New Mexico, or the ordinances of the City of Roswell.
b. Lessee shall conduct and operate its business in such a manner so
as to prevent the performance of any act or creation or maintenance of anything which
in the opinion of Lessor may be or become a nuisance of otherwise noxious or
objectionable condition, including, but not limited to, any act or thing resulting in noise,
vibration, shock, smoke, dust, odor, or other forms of air pollution, or other condition,
substance or element in such amounts as to affect the surrounding area or adjoining
premises. Lessor shall be the sole judge as to whether any act done or thing created or
maintained by Lessee on the leased premises is or may become a nuisance or
otherwise noxious or objectionable condition, and Lessee agrees to abide by Lessor's
decision and act in accordance with its directions with respect thereto.
15. Nondiscrimination Provisions: The Lessee for itself, its personal
representatives, successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree, as a covenant running with the land, that:
a. No person on the grounds of race, color, or national origin shall be
excluded from participation in, denied benefits of, or be otherwise subjected to
discrimination in the use of said facilities;
b. In the construction of any improvements on, over, or under such land
and the furnishing of services thereon, no person on the grounds of race, color, sex,
national origin, age or disabilities shall be excluded from participation.
c. In the event of breach of any of the above nondiscrimination
covenants, the City of Roswell shall have the right to terminate the Lease and to re-
enter and repossess said land and the facilities thereon, and hold the same as if said
Lease had never been made or issued.
16. Assignment and Sublease: Lessee shall not assign this lease or sublet
the leased premises or any portion thereof without written consent of Lessor first had
and obtained. In the event of such assignment or sublease, Lessee shall not thereby
be relieved of and from its obligation hereunder. Subject to such condition, Lessee may,
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28
however sublease the property to a corporation if Lessee is and remains a shareholder
in the corporation.
17. First Right to Re-Lease: If this lease has not been otherwise terminated
and if no default by Lessee exists upon the expiration of the term hereof, Lessor shall
give Lessee the "first right to re-lease" the above-described property and improvements
located thereon upon such terms and conditions as may be negotiated between the
parties. Such right shall also apply to lease of the land for grazing purposes in the
event Lessor transfers the water rights to other use and Lessor shall give notice of such
change to Lessee in order that permanent grasses may be planted to control erosion
and establish grazing pastures.
18. Paragraph Headings: The paragraph headings contained herein are for
convenience and in reference and are not intended to define or limit the scope of any
provisions of this lease.
19. Notices: Notices shall be served as follows:
a. All notices, requests or other communications to Lessor shall be
given by registered or certified mail addressed as follows:
Attn: Floyd Lard, Support Services Administrator
City of Roswell
P.O. Box 1838
Roswell, NM 88202-1838
b. All notices, requests or other communications to Lessee, except the
notice provided in the paragraph numbered 17 above, shall be given by registered or
certified mail addressed as follows:
Attn: Roswell Vegetable Farms, Inc.
2513 Gaye Drive
Roswell, NM 88201
20. Effect: The terms and provisions hereof shall extend to and be binding
upon the successors and assigns of the parties hereto.
IN WITNESS WHEREOF, this Agreement is executed on the day and year first
above written.
CITY SEAL CITY OF ROSWELL, N MEXICO
LESSGR
ATTEST:
M~~
Dave!Kunko, City Clerk
ROSWELL VEGETABLE FARMS, INC .
L~
~h.flJ?,~J
Fred Schrimsher, President
ATTEST:
/'11ft
Secretary - Treasurer Approved as to fl
("'' -.
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29
FIRST ADDENDUM
TO LEASE AGREEMENT
The CITY OF ROSWELL, New Mexico, a municipal corporation, hereinafter
called "Lessor" and ROSWELL VEGETABLE FARMS, INC. hereinafter called
"Lessee" hereby agree to the following amendment to the Lease Agreement dated
January 1,2006.
This Addendum effective with Council approval on January 18, 2006:
The Lessor has purchased a second orbital irrigation sprinkler system to be used on the
City property leased by Lessee. In addition to the annual rental fees ($54,670) and the
annual lease rental fees ($10,771) for the first orbital irrigation system purchased by
Lessor as set forth in the Lease Agreement in paragraph I.e., Lessee agrees to pay Lessor
an additional annual rental fee of $9211.43 per year for fourteen (14) years beginning
November 1, 2006, for the second orbital system. Thereafter, payments for the second
orbital irrigation system of $9211.43 shall be due November 1st every year. See
amortization schedule as attached exhibit "A".
Except as amended herein, the original Lease Agreement shall continue without change,
and in full force and effect as originally executed.
IN WINESS WHEREOF, this FIRST Addendum to Lease Agreement is done and
executed in Roswell, New Mexico on the _ day of October 2006
CITY SEAL
CITY OF ROSWELL, NEW MEXICO
~~t
j}d!~
Sam LaGrone, Mayor
DaveKunko
City Clerk
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ADDENDUM # 2
Roswell Vegetable Farms
The CITY OF ROSWELL, New Mexico, a municipal corporation, hereinafter
called "Lessor" and ROSWELL VEGETABLE FARMS, INC. hereinafter called
"Lessee" hereby agree to the following amendment to the Lease Agreement dated
January 1,2006.
This Addendum effective with Council approval on January 29, 2007:
The Lessor has purchased a third orbital irrigation sprinkler system to be used on the City
property leased by Lessee. In addition to the annual lease fee ($54,670); the annual lease
rental fees ($10,771) for orbital irrigation system number 1 and the annual lease rental
fees ($9,211.43) for orbital irrigation system number 2, Lessee agrees to pay Lessor an
additional annual rental fee of $14,029.79 per year (for the annual lease rental fee for
orbital system number 3) for the remaining tenn of the lease beginning January 1,2007
ending December 31,2019. See amortization schedule as attached exhibit "A".
Annual lease fees plus the three orbital system payments are $ 88,681.22. Lease fees and
payments are due and payable on the first day of each lease year (January 1).
Except as amended herein, the original Lease Agreement shall continue without change,
and in full force and effect as originally executed.
IN WINESS WHEREOF, this FIRST Addendum to Lease Agreement is done and
executed in Roswell, New Mexico on the 29 day of February, 2007.
CITY SEAL
CITY OF ROSWELL, NEW MEXICO
ef#Iw~nL
Sam LaGrone, Mayor
D£!~
City Clerk
31
1
2
Old Dexter Hwy
3
Hobson Road
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Lease Term Lease Term Annual Lease
Leased Property 2016 2017 2018 2019 2020 2021 2022 2023 2025
Begin End Amount
Allison Farm 1/1/2006 12/31/2019 $ 54,670.00
Allison Farm Pivotal Irrigation #1 1/1/2006 12/31/2018 $ 10,771.13
Allison Farm Pivotal Irrigation #2 11/1/2006 10/31/2020 $ 9,211.43
(Addendum 1)
Allison Farm Pivotal Irrigation #3 1/1/2007 12/31/2019 $ 14,029.79
(Addendum 2)
PROPOSED Allison Farm Pivotal
Irrigation #4 9/1/2015 8/31/2025 $ 8,868.24
RECOMMENDED A Allison Farm
Pivotal Irrigation #4 1/1/2016 12/31/2019 $ 13,750
RECOMMENDED B Allison Farm
Pivotal Irrigation #4 1/1/2016 12/31/2019 $ 43,750
ESTIMATED COST:
Pivotal Irrigation #4 $ 120,000
Concrete Ditch Removal $ 55,000
Full Cost $ 175,000
Proposed Adjustment $ 88,682.35 10% increase for 10 years
Recommended Adjustment A $ 55,000 Payback City cost by 12/31/19
Recommended Adjustment B $ 175,000 Full payback by 12/31/19
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MEMORANDUM
Meeting Date: Monday, July 20, 2015
Item No. E-5
To: Infrastructure Committee
From: Louis Najar, P.E., City Engineer
Subject: Changing Name Policy for public streets, lands and facilities.
______________________________________________________________________
Action Requested: Committee may recommend changes to update current
version for re-review next Infrastructure Committee. Or,
Committee may agree to recommended changes to proceed
as a Resolution to City Council.
Staff Recommendation: Any revisions to be reviewed by City Attorney
Background:
Update Summary: Current draft attached for Committee review and
recommended action.
Attachments: Renaming Policy draft of July 17, 2015
City Council Action: Pending Committee Recommendation
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