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Infrastructure Committee

Regular Meeting

Roswell, NM · July 20, 2015

AgendaMinutes

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. 1 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. 2 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. 3 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. 4 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% 5 (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: $ - 7 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. 8 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. 9 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 10 11 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. 12 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. 13 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. 14 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. 15 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 C:RosVegFannlease.003 Page 1 of 6 24 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 Page 2 of 6 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, C:RosVegFarmlease.003 Page 3 of 6 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 Page 4 of 6 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, C:RosVegFarmlease.003 Page 5 of 6 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 ("'' -. C:RosVegFannlease.003 Page 6 of 6 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 30 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 32 33 34 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 35 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 36 37 38 39 40 41

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