4141 Schedule A - Agricultural Land Lease Agreement - K & K Farms IncorporatedTown ofTillsonburg Agricultural Land Lease Agreement
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TOWN OF TILLSONBURG
AGRICULTURAL LAND LEASE AGREEMENT
THIS AGREEMENT made in quadruplicate the day of , 2017.
BETWEEN:
THE CORPO'RATION OF THE TOWN OF TILLSONBURG
hereinafter called the "Lessor")
and -
K & K FARMS INCORPORATED
hereinafter called the "Lessee")
OF THE FIRST PART
OF THE SECOND PART
WHEREAS the Lessor is the owner of the Tillsonburg Regional Airport property, which is
located between Airport Road and Prouse Road east of Highway 19, and legally described as
Lots 5 & 6 and Part of Lots 2, 3, 4, and 7 Concession 7, Township of South-West Oxford,
County of Oxford, Province of Ontario, and known municipally as 244411 Airport Road (the
Lands")
AND WHEREAS the Lessor requested proposals from interested proponents for the purpose of
raising and harvesting agricultural products as described in Schedule "A" attached hereto;
AND WHEREAS the Lessor submitted a form of proposal dated September 11th 2017 attached
hereto as Schedule `B";
AND WHEREAS the Lessor is desirous of leasing the Lands to the Lessee and the Lessee is
desirous to lease the Lands for agricultural purposes subject to the conditions hereinafter set forth
in this agreement (the "Lease").
NOW THEREFORE THIS INDENTURE WITNESSETH
1. PAYMENT
The Lessee covenants with the Lessor that the Lessee shall pay annual rent for the Lands as set
out below to the Lessor by two payments each year during the term of this Lease. The first
payment of which shall constitute 50% of annual rental fee and shall be due and payable no later
than April 1 of each year that this Lease remains in force and the remaining 50% of the annual
rental fee shall be due and payable on November 30 of each year that this Lease remains in force:
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Town of Tillsonburg Agricultural Land Lease Agreement
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a) Annual rent of $90,298.00 based on a rate of $260.00 per acre (the "Base Rent") for
approximately 347 acres of arable land, shown as Parcels 1, 2, 3a, 3b, 4, 5, 6, 7, 8, 9, 10
and 11 in Schedule "A" attached hereto.
2. TERM
The term of the Lease shall be from January 1, 2018 to December 31, 2023 (the "Lease Term').
The Lease Term can be extended for additional one (1) year term by the Lessor in its sole and
absolute discretion. There is no representation or warranty of the Lessor that it must, shall or
will extend the Lease Term.
3. CONDITION OF THE LANDS
The Lessee acknowledges and agrees that it is leasing the Lands in its current condition "as is"
and the Lessee has conducted all inspections and performed its own due diligence to determine
the suitability of the Lands for the Lessee's use. The Lessee acknowledges that the Lessor has
made no representation or warranty and provides no covenant, representation or warranty
concerning soil conditions, the existence of any items below the surface, and/or the
environmental status of the Lands at any time. The Lessee acknowledges having inspected the
property prior to signing this Lease and has relied upon its inspection regarding the suitability,
condition, and state of repair of the Property. The Lessee further acknowledges that it has
conducted its own due diligence as the size of the Lands and the size of the arable part of the
Lands and not relied upon any representation or warranty of the Lessor. The Lessee
acknowledges that Base Rent shall not alter if size of the arable land is less than as set out in this
Lease.
4. USE
a) The Parties agree that the crops to be grown on the Lands shall be agreed upon by the
Parties prior to planting and shall generally be a soybean, wheat, rye, flax, alfalfa
oats, barley, corn or organic corn, vegetable or organic edamame or hay crops.
b) The Parties further agree that corn or organic corn, sunflowers or other tall profile
crops will not be permitted in designated areas near the Runways, more particularly
described in Schedule "A" as Parcels 3a, 7 and 8.
c) The Lessee shall not do or permit to be done on the Lands anything which may:
i. Constitute a nuisance;
ii. Cause damage to the Lands;
iii. Cause injury or annoyance to occupants of neighbouring premises;
iv. Make void or voidable any insurance upon the Lands;
v. Constitute a breach of any by-law, status, order or regulation of any
municipal, provincial or other competent authority relating to the Lands; and,
vi. Create any environmental hazard.
d) The Lessee shall not store, allowed to be stored or do anything that creates hazardous
waste or toxic material as defined by the Environmental Protection Act or any related,
amended or successor legislation. If any order is made by any level of government,
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Town of Tillsonburg Agricultural Land Lease Agreement
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including all agencies, Crown corporations plus municipal bodies, or Court is made as
a result of the Lessee's, or its servants, directors, employees, invitees, customers or
agents, actions or inaction under this Article then the Lessee shall satisfy the terms of
such order including, but not limited to, paying all costs of the work required and
shall indemnify and save the Lessor harmless from any costs, including legal costs, if
the Lessor suffers any damages or pays any costs associated with such order.
e) In order to operate this farm efficiently and to maintain it is high state of productivity
of the Lands, the Lessee covenants as follows:
i. To allow any incoming lessee or purchaser to enter upon the Lands after
harvest in the last year of the Lease Term and have reasonable privileges and
right-of-way to work on the Lands;
ii. To prepare a soil analysis prior to the commencement of the Term and a
second soil analysis at the end of the Lease Term or sixty days after a
Termination Notice has been served by either Party (the "Soil Tests"). The
cost of the Soil Tests shall be payable by the Lessee without contribution of
the Lessor. The Lessee shall provide the Lessor a copy of each of the Soil
Tests within 10 days of the Lessee's receipt of the Soil Tests;
iii. To remove all crops from the ground at the end of the Lease Term; and,
iv. It will not construct any buildings upon the Lands.
5. RIGHT TO SELL SUBJECT LANDS
The Lessee acknowledges that the Lessor shall have the right to sell any part or parts of the
Lands upon sixty (60) days notice, in writing, and upon expiry of such notice the Lessee shall
surrender that part (or all if required by the notice) of the Lands sold by the Lessor and subject to
the condition that if the Lessor sells and requires possession of any or all of the subject lands on
which an agricultural crop is growing, the Lessee shall be compensated for any and all expenses
incidental to growing such crop and the Base Rent shall be revised to take into account the
adjustment of that part of the Lands not surrendered (if any) throughout the balance of the Lease
Term. The Lessee must provide to the Lessor detailed accounting of the costs incurred for the
lands in order to be reimbursed for the loss of the growing crops. The Lessee shall not demand,
claim or plead any damages, costs, monies or compensation from the Lessor of any kind
whatsoever and howsoever except as specifically provided for in this paragraph 5. The Lessee
waives any and all claims, damages and/or losses for future income, profits or monies due to the
surrender of some or all of the Lands.
6. FARM BUSINESS REGISTRATION NUMBER
The Lessee shall be required to provide proof of valid Farm Business Registration Number
OFA, CFFO or proof of exemption) to the Lessor prior to commencement of the Lease Term.
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Town of Tillsonburg Agricultural Land Lease Agreement
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7. QUIET ENJOYMENT OF LANDS
IT IS further specifically agreed by and between the Parties hereto that the Lessor covenants with
the Lessee for quiet enjoyment of the Lands. Notwithstanding the foregoing, the Lessor shall be
permitted to access the Lands for any purpose(s), with the costs of any minor crop damage being
borne by the Lessee.
8. ASSIGNMENT
The Lessee acknowledges and agrees that it will not assign or sublet the Lands without approval
by the Lessor, which may be withheld by the Lessor at its sole and absolute discretion. The
Lessee further covenants that it will not conduct any business, trade, enterprise or objects on the
Lands other than to use the Lands for its own agricultural purposes pursuant to the terms and
conditions contained in this Lease.
9. INSURANCE
The Lessee shall obtain Farm liability insurance of at least Two Million Dollars ($2,000,000),
covering injury to, or destruction of person or property, for which the Lessee may be held liable.
The Lessee must obtain Farm Liability insurance on a form of coverage issued by an insuring
company acceptable to the Town, which names the Town as an additional insured and contains a
cross liability clause, severability of interests clause endorsement. The Lessee shall provide the
Town, by the 1 st day of May in each year during the term hereof, with an insurance certificate
showing the required insurance coverage.
10. INDEMNIFICATION
The Lessee covenants to keep the Lessor indemnified and save harmless the Lessor at all times
against any and all claims, suits, proceedings, actions and demands (including but not limited to
all legal costs) whatsoever and howsoever arising by any person, entity or corporation whether in
respect of damage, loss or death to person or property, arising out of or occasioned by the
maintenance, use or occupancy of the Lands or the subletting or assignment of same or any part
thereof. And the Lessee further covenants to indemnify the Lessor with respect to any
encumbrance on or damage to the Lands occasioned by or arising from the act, default, or
negligence of the Lessee, its officers, agents, servants, employees, contractors, customers,
invitees or licensees. The Lessee agrees that the foregoing indemnity shall survive the
termination of this Lease notwithstanding any provisions of the Lease to the contrary.
11. MAINTENANCE
The Lessee covenants to maintain all of the Lands pursuant to this Lease in good condition at all
times during the Lease Term, any extension of the Lease Term and any overholding periods (if
any). The Lessee further covenants to keep the Lands free from refuse and shall not store any
refuse, garbage, motor vehicles or any items on the Lands that may be considered by the Lessor
to be noxious, hazardous or refuse.
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Town of Tillsonburg Agricultural Land Lease Agreement
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12. IMPROVEMENTS TO LANDS _
The Lessee agrees that all improvements to the Lands for the purposes of increasing agriculture
production are at the Lessee's sole cost and subject to the approval of the Lessor in the Lessor's
sole and absolute discretion. Notwithstanding the foregoing, the Lessor may consider entering
into a second agreement for proposals that significantly expand the area available for agricultural
production at the Lessor's sole discretion.
13. BANKRUPTCY
The Lessee acknowledges and agrees that if during the Lease Term any of the goods or chattels
of the Lessee shall at any time during the said term be seized or taken in execution or in
attachment by any creditor of the Lessee, or if the Lessee shall make any assignment for the
benefit of creditors, or becoming bankrupt or insolvent debtors, the then current and next ensuing
balance of Base Rent shall immediately become due and payable and the said term shall, at the
option of the Lessor, immediately become forfeited and determined and in such case, the Lessor
may re-enter and take possession of the said lands as though the said lands was holding over
after the expiration of the said term.
14. TERMINATION FOR CONVENIENCE
IT IS further hereby agreed between the Parties hereto that this Lease may be terminated by
either party in such parties' sole and absolute discretion by providing to the other Party sixty (60)
days written notice prior to the termination date or the expiration of the lease term. In the case
where the Lessor terminates the Lease, the provisions of Paragraph 5 above shall be in effect. If
the Lessee terminates the lease it shall be responsible to pay a pro -rated Base Rent to the date of
termination, pay all items required by paragraph 4 of this Lease and the Lessor shall not be
responsible to reimburse the Lessee for the loss or damages for the abandoned growing crops.
15. TERMINATION OF THE CONTRACT FOR CAUSE
In the event of any material default of this Lease by the Lessee, the Lessor shall have the right to
provide written notice of such default and demand that the deficiency of program be rectified
within five (5) working days or such longer period as may be agreed upon by the Lessor. If the
said default is not rectified or steps are not take to rectify the situation according to the agreed
upon plan, the Lessor shall be entitled to issue a written notice of termination for cause with no
less than thirty (30) days notice and all Base Rent and amounts owing pursuant to paragraph 4 of
this Lease shall be payable to the Lessor by the Lessee within thirty (30) days from termination.
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Town of Tillsonburg Agricultural Land Lease Agreement
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16. . DEFAULT
An Act of Default has occurred when:
a) The Lessee has failed to pay Rent for a period of 60 consecutive days from the date
that payment has been requested by the Lessor;
b) The Lessee has breached his covenants or failed to perform any of his obligations
under this Lease plus:
i. The Lessor has given notice specifying the nature of the default and the steps
required to correct it; and,
ii. The Lessee has failed to correct the default as required by the notice;
c) Any insurance policy is cancelled or not renewed by reason of the use or occupation
ofthe Lands, or by reason of non-payment of premiums;
d) The Lands:
i. Is used by any other person or persons, or for any other purpose than as
provided for in this Lease without the written consent of the Lessor.
When an Act of Default on the part of the Lessee has occurred:
a) The current year's rent together with the next years' rent shall become due and
payable immediately; and,
e) The Lessor shall have the right to terminate this Lease and to re-enter the Lands and
deal with them as he may choose.
If, because an Act of Default has occurred, the Lessor exercises his right to terminate this Lease
and re-enter the Lands prior to the end of the Term, the Lessee shall nevertheless be liable for
payment of Rent and all other amounts payable by the Lessee in accordance with the provisions
of the Lease until the Lessor has re -let the Lands or otherwise dealt with the Lands in such
manner that the cessation of payments by the Lessee will not result in loss to the Lessor and the
Lessee agrees to be liable to the Lessor, until the end of the Term of this Lease for payment of
any difference between the amount of Rent hereby agreed to be paid for the Term hereby granted
and the Rent any new Lessee pays to the Lessor.
If when an Act of Default has occurred, the Lessor chooses not to terminate the Lease and re-
enter the Lands, the Lessor shall have the right to take any and all necessary steps to rectify any
or all Acts of Default of the Lessee and to charge the costs of such rectification to the Lessee and
to recover the costs as Rent.
If, when an Act of Default has occurred, the Lessor chooses to waive his right to exercise the
remedies available to him under this Lease or at law the waiver shall not constitute condonation
of the Act of Default, nor shall the waiver be pleaded as an estoppel against the Lessor to prevent
his exercising his remedies with respect to a subsequent Act of Default. No covenant, term, or
condition of this Lease shall be deemed to have been waived by the Lessor unless the waiver is
in writing and signed by the Lessor.
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Town of Tillsonburg Agricultural Land Lease Agreement
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17. NOTICE
Notice to either party shall be given at the following addresses:
If to the Lessor:
The Corporation of the Town of Tillsonburg
200 Broadway, Suite 204
Tillsonburg, Ontario
N4G 5A7
Attention: Director of Operations
If to the Lessee:
K & K Farms Inc.
713319 Middletown Line
RR #3 Norwich, Ontario
Attention: Gary Krygsman
The Lessee shall not at any time register notice of or a copy of this Lease on title to the Lands or
any part thereof without consent of the Lessor.
16. MISCELLANEOUS
The words importing the singular number only shall include the plural, and vice versa, and words
importing the masculine gender shall include the feminine gender, and words importing persons
shall include firms and corporations and vice versa.
This Lease, including any Schedule attached, shall constitute the entire agreement between the
Lessor and Lessee. There is no representation, warranty, collateral agreement or condition which
affects this agreement other than expressed herein.
In the event that any clause herein should be unenforceable or be declared invalid for any reason
whatsoever, such enforce ability or invalidity shall not affect the enforce ability or validity of the
remaining portions of the covenants and such unenforceable or invalid portions shall be
severable from the remainder of this Lease.
This Lease shall be construed and enforced in accordance with the laws of the Province of
Ontario. Any proceeding shall be brought at the City of Woodstock in the County of Oxford.
The Lessee hereby agrees that they have had an opportunity to review the terms of this Lease and
seek independent legal advice.
Should any provision of this Lease require judicial interpretation or arbitration, it is agreed that
the court or arbitrator interpreting or construing the same shall not apply a presumption that the
terms thereof shall be more strictly construed against one party by reason of the rule of
construction that a document is to be construed more strictly against the party who itself or
through its agent prepared the same, it be agreed that both parties have participated in the
preparation hereof.
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Town of Tillsonburg Agricultural Land Lease Agreement
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This Lease constitutes the entire agreement between the Parties hereto pertaining to the subject
matter hereof and. supersedes all prior and contemporaneous agreements, understandings,
negotiations and discussions, whether oral or written, of the parties and there are no warranties,
representations or other agreements between the Parties in connection with the subject matter
hereof, except as specifically set forth herein. No supplement, modification, waiver or
termination of this Lease shall be binding unless executed in writing by the Parties.
The Lessee shall not call on or demand the Lessor to perform any repairs or renovations prior to
or after it obtains possession.
IT IS HEREBY declared and agreed that the expressions "Lessor" and "Lessee" wherever used
in this indenture shall, when the context allows, include, be binding on and enure to the benefit
of not only the Parties hereto, but also their respective executors, administrators and assigns.
IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals.
SIGNED, SEALED AND DELIVERE
THE COIWORATI
of the date first above written
OR: Stephen Molnar
F THE TOWN OF TILLSONBURG
CORK: Donna Wilson
THE LESSE n
TREASURER: Gary,Krygsman
I have authority to bind the corporation
Lessor's Initials Lessee's Initials
SCHEDULE "A"
Request for Proposal RFP 2017 — 008 and any Addenda issued
CONNECTED. ENRICHED. INSPIRED.
REQUEST FOR PROPOSALS
FOR THE LEASE OF LAND
FOR AGRICULTURAL PURPOSES
AT THE TILLSONBURG REGIONAL AIRPORT
RFP 2017 - 008
RFP CLOSING
DATE: September 12, 2017
TIME: 2:00 PM local time
QUERY END DATE: Wednesday September 6, 2017 at 2:00 PM local time
LOCATION: Town of Tillsonburg
200 Broadway, 2nd Floor
Tillsonburg, Ontario, N4G 5A5
LATE SUBMISSIONS WILL NOT BE ACCEPTED
TOWN OF TILLSONBURG OPERATIONS DEPARTMENT RFP 2017-008
Lease of Land for Agricultural Purposes
at the Tillsonburg Regional Airport
1.0 INSTRUCTIONS TO PROPONENTS
1.1 Interpretation
1) In this RFP, unless expressly provided otherwise, the following definitions shall apply:
a) "Town" means the Corporation of the Town of Tillsonburg and includes any of its
designated employees, officials or agents who are engaged to represent the Town
in its capacity and also includes any employee designated to exercise a discretion
on behalf of the Town;
b) "Evaluation Committee" means a team consisting of members of Town staff and,
where considered appropriate by the Town in the exercised of an absolute
discretion, independent consultants, who will perform the evaluation of each of the
Proposals and make such reports and recommendations to the award of this RFP
as they consider appropriate;
c) "Proponent" means any person submitting a Proposal in response to this RFP;
d) "Proposal" means a Proposal made by a Proponent in response to this RFP;
e) "RFP" means this Request for Proposals including the Instructions to Proponents,
Terms of Reference, Form of Proposal, and any other Appendices and all addenda
to the RFP together with all other documents expressly forming part of the RFP for
this project (also collectively referred to as "RFP Documents").
2) In the event of a conflict or inconsistency between, or an omission or ambiguity with
respect to, any term(s), condition(s), or provision(s) contained in any of the following
documents, the term(s), condition(s), or provision(s) contained in in the following
documents shall apply and prevail in the following successive order of priority to the
extent of such conflict, inconsistency, omission or ambiguity or incongruity;
a) the executed Agreement;
b) all addenda to the RFP;
c) Instructions to Proponents;
d) Terms of Reference;
e) Form of Proposal;
f) Proponents Proposal, as accepted by the Town.
3) Notwithstanding subsection 1.1(2) of these Instructions to Proponents, in the event of
conflict between any of the provisions, the provision most favourable to the Town, in
the Town's determination, shall prevail and apply.
4) This RFP and subsequent Agricultural Land Lease Agreement (Appendix B) shall be
interpreted and governed by the laws of the Province of Ontario and the federal laws of
Canada, both as to interpretation and performance, and shall be treated, in all
respects, as an Ontario contract.
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TOWN OF TILLSONBURG OPERATIONS DEPARTMENT RFP 2017-008
Lease of Land for Agricultural Purposes
at the Tillsonburg Regional Airport
1.2 Proposal Submission
1) It shall be understood and acknowledged by the Proponent that while this RFP
contains a general description of the Town's requirements, including location
constraints, performance requirements, technical specifications, warranty and
maintenance requirements and other factors, that any omission or error or
misinterpretation of the RFP requirements shall not relieve the successful Proponent of
the responsibility to fulfill such requirements.
2) Sealed Proposals packages, one (1) original and four (4) additional copies, must be
clearly marked with the reference number and the title of this RFP and shall be
physically received at the Town of Tillsonburg on or before 2:OOpm (local time) on
Tuesday, September 12, 2017. Late submissions shall not be accepted and shall be
returned unopened in a timely manner.
3) It is the sole responsibility of the Proponent to make sure that its Proposal is delivered
to the correct location no later than the closing date and time for this RFP and assumes
the risk of any and all means of delivery, be it by hand delivery, postal service, or
courier service. Proposal submitted by fax, email or other means shall not be
accepted.
4) The Town is not obligated to award this RFP. In receiving proposals, the Town
accepts no obligation of any kind to accept any proposal. Should the Town receive
only one proposal submission, the Town reserves the right to award the Proposal to
the Proponent of the sole submission, to recall the request for proposals or to cancel
the proposal call in its entirety. No liability shall accrue to the Town for its decision in
this regard.
5) The Town shall not be liable for any cost of preparation or presentation of proposals,
and all proposals and accompanying documents submitted by the respondents shall
become the property of the Town and will not be returned.
6) All prices quoted in the Form of Proposal shall include all operating, overhead,
disbursements and incidental costs, shall be stated in Canadian funds, and shall be
exclusive of Harmonized Sales Tax ("HST").
7) Unless otherwise stipulated in this RFP or any addendum thereto, a Proposal shall be
irrevocable (i.e. open for acceptance by the Town of Tillsonburg) for a period of sixty
60) calendar days following the closing date of this RFP.
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TOWN OF TILLSONBURG OPERATIONS DEPARTMENT RFP 2017-008
Lease of Land for Agricultural Purposes
at the Tillsonburg Regional Airport
1.3 Form of Proposal
1) Every Proposal shall be submitted on the Town's prescribed Form of Proposal, and
shall:
a) be typewritten, printed or in legible writing (in ink)
b) be completed without printing or writing words between the typed lines, alteration
or erasure or with respect to:
i. any of the pre-printed text provided by the Town; or
ii. information included on the Form of Proposal by the Proponent, unless the
effect thereof is clear and unambiguous to the Town as is the assent of the
Proponent (e.g. by initialling by the authorized representative);
c) bear the original signature of the Proponent (or, in the case of a Proposal
submitted by a corporation, an authorized signing officer of the corporation),
inscribed in the space provided.
1.4 Inquiries, Clarification and Addenda
1) The Town reserves the right at any time, prior to RFP award,
a) to withdraw or cancel the RFP; or
b) to extend the time for submission of Proposals; or
c) to modify in any manner, any part of this RFP, including the whole or any part of an
Appendix, or an addendum,
by the publication of an addendum or other notice, and the Town shall not be liable for
any expense, cost, loss or damage incurred or suffered by any Proponent or any other
person as a result of its so doing or to compensate any person as a result thereof.
2) All inquiries in relation to this RFP shall be directed to Mrs. Laurie Kirwin, Purchasing
Coordinator Ikirwin(a-)tillsonburq.ca before the Query End Date.
3) Should a Proponent find omissions from or discrepancies in any of the RFP
Documents or should the Proponent be in doubt as to the meaning of any part of such
documents, the Proponent should notify the above designated person without delay. If
the designated person determines that such clarification is necessary, written answers
or clarifications shall be issued in the form of an addendum. Only answers to issues of
substance will be sent out to all Proponents.
4) Any addendum or other notice will be posted on the Towns website www.tillsonburq.ca.
Although notification of addenda will be distributed to plan -takers it shall be the sole
responsibility of the Proponents to check for any and all addenda or notices that have
been issued for this RFP and to ensure that its Proposal accounts for same.
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TOWN OF TILLSONBURG OPERATIONS DEPARTMENT
Lease of Land for Agricultural Purposes
at the Tillsonburg Regional Airport
RFP 2017-008
5) Addenda's issued during the bidding period shall become part of the RFP Documents
and all addenda must be acknowledged on the Form of Proposal. It is the Proponents
sole responsibility to ensure that it has accounted for all addenda or other notices of
change or alteration of the RFP in their submission and in any price proposed therein.
6) The Town will not be bound by any oral representation or communication whatsoever,
including but not limited to any instruction, amendment, or clarification of the RFP
information or inference, advice or suggestion from any person (including but not
limited to an elected or appointed official, employee, agent, independent consultant or
representative of the Town) concerning the Proponents submissions, the RFP, or any
other matter concerning the RFP or the project.
1.5 Withdrawal of Proposals
1) Withdrawal of a sealed Proposal after its submission to the Town is permitted only prior
to the closing time of the RFP. A withdrawal request must be in writing, signed by the
Proponent or authorized representative of the Proponent and received by the
Purchasing Coordinator prior to the closing time. Telephone requests will not be
considered. It shall be the sole responsibility of the Proponent to ensure that a
withdrawal request is properly delivered and received by the Town.
2) Withdrawn Proposals shall be returned unopened to the Proponent.
3) The withdrawal of a Proposal does not disqualify a Proponent from submitting another
Proposal on the same RFP.
1.6 Confidentiality
1) The Town reserves the right to use any of the ideas presented in any reply to this RFP,
unless clearly identified as proprietary. Selection or rejection of the Proposal does not
affect that right.
2) The Proponent acknowledges that all related correspondence, documentation and
information provided shall become a record belonging to the Town and therefore is
subject to the Municipal Freedom of Information and Protection of Privacy Act, R.S.O.
1990, c M.56, as amended (MFIPPA)
3) MFIPPA provides that an individual, businesses and other organizations have a legal
right to request records held by the Town, subject to specific limitations. The
Proponent should be aware that it is possible that any records provided to the Town,
including but not limited to, pricing, technical specifications, drawings, plans, audio
visual materials or information about staff, parties to the bid or suppliers could be
requested under this law. If the Proponent believes that all or part of the proposal
should be protected from release, the relevant parts should be clearly marked as
confidential. Please note that this will not automatically protect the submission from
release, but it will assist the Town in making a determination on release if a request is
made. The Town will use its best efforts not to disclose any information so marked
confidential but shall not be liable to a Proponent where information is disclosed by
virtue of an order of the Privacy Commissioner or otherwise as required by law.
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TOWN OF TILLSONBURG OPERATIONS DEPARTMENT RFP 2017-008
Lease of Land for Agricultural Purposes
at the Tillsonburg Regional Airport
1.7 Claims or Damages
1) The Town reserves the right not to accept a Proposal from any person or corporation
which includes any non -arm's length corporation and all related corporations thereto
who, or which, has a claim or instituted a legal proceeding against the Town or against
whom the Town has a claim or instituted a legal proceeding with respect to any
proponent or sub -consultants or any vender within the submitted Proposals.
2) A Proponent, by submitting a Proposal agrees that it will not claim damages, by any
means, in respect to any matter relating to this RFP, the bidding and evaluation
process or any subsequent procurement process, if any, resulting from this RFP
1.8 Lobbying and Conflict of Interest
1) The Town may reject any Proposal submitted, or cancel any Proposal awarded, in
contravention of this section.
2) Proponents are prohibited from engaging in conduct which is or could reasonably be
considered as any form of political or other lobbying as an attempt to influence the
outcome of this RFP.
3) The Proponent shall not discuss or communicate directly or indirectly with any other
Proponent regarding the preparation or content of a Proposal.
4) Any discussions verbally or in writing with elected officials of the Town prior to the
awarding of this RFP by the Town are prohibited and may result in the disqualification
of the Proponents submission.
5) The Proponent is required to disclose to the Town, prior to submitting a Proposal, any
potential or real conflict of interest in relation to its Proposal or its participation in this
RFP and fully disclose any details thereof.
6) If a conflict of interest exists, the Town may, in its discretion, either withhold evaluation
of that Proponent's Proposal until the matter is resolved to the satisfaction of the Town
or reject that Proponent's Proposal.
7) The failure of any Proponent to comply with this section may result in the
disqualification of the Proponent and the rejection of its Proposal.
1.9 Indemnification
The successful Proponent shall indemnify and hold harmless the Town, its officers, council
members, partners, agents and employees from and against all actions, claims, demands,
losses, costs, damages, suits or proceedings whatsoever which may be brought against or
made upon the Town and against all loss, liability, judgments, claims, suits, demands or
expenses which the Town may sustain, suffer or be put to resulting from or arising out of the
successful Proponents failure to exercise reasonable care, skill or diligence or omissions in
the performance or rendering of any work or service required hereunder to be performed or
rendered by the successful Proponent, its agents, officials and employees.
Page 5 of 16
TOWN OF TILLSONBURG OPERATIONS DEPARTMENT RFP 2017-008
Lease of Land for Agricultural Purposes
at the Tillsonburg Regional Airport
1.10 Proponents Responsibility
1) Proponents are required to carefully examine all technical information or details
forming part of the RFP or any addenda thereto as provided by the Town. Any
estimates, documents, and information provided by the Town shall be deemed to have
been provided only as a guide for potential Proponents. The Town shall not be taken
to warrant their accuracy and shall not be liable for any inaccuracy therein unless that
inaccuracy is the result of the deliberate misrepresentation of the Town.
2) Proponents shall be responsible for performing their own due diligence (i.e. visiting the
site) and no allowance shall be made by the Town for failure of the Proponent to
examine carefully all conditions relating to the site.
1.11 Reserved Privileges of the Town
Without limiting or restricting any other right of privilege of the Town, the Town shall have
the following reserved rights and privileges, which may be exercised or waived in its
absolute discretion:
a) reject, accept or not consider any or all regular, irregular, unbalanced, informal or non-
compliant Proposals;
b) reject or not consider Proposals from any Proponent who cannot show a reasonable
acquaintance with the class of work specified herein;
c) the Town may reject any Proposal or part of any Proposal, the lowest priced Proposal or
all Proposals, or may cancel this RFP in whole or in part and require the submission of
new Proposals for any reason within its absolute discretion;
d) when evaluating Proposals and assessing Proposal prices in the evaluation of
Proposals and the awarding of the RFP, the Town will consider its best interests and
may exercise reasonable commercial judgment;
e) the right to open the Proposals and negotiate with a sign Proponent, in cases where
only one Proposal is received, or to negotiate with a Proponent of the Town's choice, if
all Proposals are over budget or too high.
f) where in the view of the Town, an insufficient number of Proposals have been received
in response to this RFP, the Town may publish a further RFP (on the same or revised
scope of work from the original request),-
g)
equest);
g) the Town may, in accepting any Proposal, impose conditions on such acceptance.
1.12 Proposal Evaluation
1) In the event that more than one Proposal is received by the same Proponent, only the
last Proposal received will be considered.
Page 6 of 16
TOWN OF: TILLSONBURG OPERATIONS DEPARTMENT RFP 2017-008
Lease of Land for Agricultural Purposes
at the Tillsonburg Regional Airport
2) The Proponent acknowledges that the Town may rely on the criteria which the Town
deems relevant, even though such criteria may not have been disclosed to the
Proponent. By submitting a Proposal, the Proponent acknowledges the Town's rights
under this section and absolutely waives any right, or caused of action, against the
Town and its consultants, by reason of the Town's failure to accept the Proposal
submitted by the Proponent, whether such right or cause of action arises in contract,
negligence or otherwise.
3) An Evaluation Committee will evaluate each of the RFP's received in accordance with
the evaluation factors as set out below using a consensus approach. The Committee
reserves the right to enter into further discussions in order to obtain information that will
allow the Committee to reach a decision with a Proponent, and to waive irregularities
and omissions if, in doing so, the best interest of the Town will be served.
4) The Town reserves the right to interview the top scoring Proponents that submits a
Proposal to provide the evaluation team with additional insight into the Proponent's
ability to meet the requirements as requested in the RFP. The interviews, if conducted,
would be performed by the Evaluation Committee prior to RFP award.
5) The Town may not award this RFP to any Proponent not having the required
experience to ensure acceptable performance and completion of the Proposal. Any
Proponent submission may be considered non-compliant if reference checks or past
experience is deemed unsatisfactory, in the sole opinion of the Town. The Town
reserves the right to contact references provided by the Proponent and include this
information within the total score of the Previous Experience factor.
15) Proponents should prepare their Proposals providing straightforward and detailed
description of their ability to satisfy the requirements of this RFP. Failure of
Proponents to provide the appropriate information or materials in response to each
stated requirement or request for information may result in lower scores during the
evaluation or may result in the rejection of their Proposal.
7) Selection of a Proponent will be based on, but not solely limited to, the following
evaluation factors and weighting:
F1 Previous Experience 20%
F2 Planned Crops and Use of Land 20%
F3 Other Factors 10%
F4 Financial Factor (i.e. lease revenue) 50%
The Financial Factor will be evaluated by using the following calculation:
Proponents Annual
Price Per Acre
Highest
Proponents
Annual Price
Per Acre
X 50 points
Page 7 of 16
TOWN OFTILLSONBURG OPERATIONS DEPARTMENT RFP 2017-008
Lease of Land for Agricultural Purposes
at the Tilisonburg Regional Airport
1.13 Award and Execution of Agreement
1) Proponents shall not issue or make any statements or news releases concerning their
Proposal, the RFP process, the Town's evaluation of Proposals, or the Town's award
or cancellation of the RFP process without the express written consent of the Town.
2) The Proponent agrees that the Town shall not be deemed to be the employer of the
Proponent nor its personnel under any circumstances whatsoever.
3) The successful Proponent shall be allowed ten (10) working days from notification of
acceptance in order to acquire and provide the required documentation listed below
prior to the execution of the Agreement. If the Proponent for any reason defaults or
fails to provide the necessary documentation the Town reserves the right to accept the
next most suitable Proponent proposal:
a) Workplace Safetv and Insurance Board
A copy of the Proponents Certificate of Clearance from the Workplace Safety and
Insurance Board must be submitted by the Proponent upon notification of award
of the Contract and prior to commencing any work. Clearance Certificates shall be
renewed every ninety (90) days (minimum) during the term of the Agreement.
b) Insurance Reauirements
Throughout the term of the Agreement, the successful Proponent will be required
to obtain and keep in full force and effect the required insurance policy(s) as set
out in Section 9 of the Agricultural Land Lease Agreement attached hereto as
Appendix B.
The successful Proponent shall provide the Town with a Certificate of Insurance
acceptable to the Town and, if requested by the Town, certified copies of the
insurance policies. If the Certificate of Insurance is provided in a non -original form
e.g. a facsimile, photocopy or scanned electronic copy), the Proponent
acknowledges and agrees that the Town is fully entitled to treat any such
Certificate as an original and that the Proponent will be responsible for the
accuracy and validity of the information contained therein.
Any Proponent whether party or persons, bidding on any Town of Tillsonburg
project and the like shall not impose any limitations on liability for any negligence
in connection with any work or project to be undertaken.
c) Health & Safety
The successful Proponent, upon request, will provide the Town, prior to
commencement of work, with a written copy of the Health and Safety Policy for their
firm along with Health and Safety procedure(s) relevant to the work to be
performed.
The Proponent will be expected to work in accordance with the Occupational Health
and Safety Act (re: duties of Constructors and duties of employers) and applicable
Page 8 of 16
TOWN OF: TILLSONBURG OPERATIONS DEPARTMENT RFP 2017-008
Lease of Land for Agricultural Purposes
at the Tillsonburg Regional Airport
regulations. Health and Safety legislation and Environmental legislation and
regulations are considered the minimum requirement the Proponent must meet.
In order to avoid any misunderstanding as to the nature of work to be performed
herein, the Proponent unequivocally acknowledges that it is the constructor within
the meaning of the OHSA, and the Proponent undertakes to carry out the duties
and responsibilities of a constructor with respect to the work.
2.0 TIERMS OF REFERENCE
2.1 Property Information
The Tillsonburg Regional Airport is located on approximately 633 acres on the east side of
Highway #19, located in the Municipality of South West Oxford, just outside of the Town of
Tillsonburg. Approximately 347 acres of land is available for agricultural purposes under
this RFP and has been farmed for many years in the past. The 347 acres of land surround
the existing runway and airport operations and is shown in the aerial map of Appendix A
attached.
Appendix A shows the various access points along Airport Road to access the agricultural
lands south of the Runway as well as access points along Prouse Road to access the
agricultural lands north of the Runway. Access to internal agricultural lands can be
achieved through inter connected pathways.
Additionally there is a strip of land that surrounds the Runway NOT included in the 347
acres of land for agricultural purposes. This strip of land, shown in Appendix A is a no
equipment, vehicle or person zone when an aircraft is in motion using the Runway. Any
access to this zone requires prior approval from Airport Operations staff.
2.2 Term of Lease
Proponents are invited to submit pricing based on a three (3) year option and/or a five (5)
year option in Form of Proposal 3.2 (1) Pricing section.
2.3 Use of Lands
In accordance with Transport Canada Guidelines for Airport Wildlife Control and to provide
adequate clearance surrounding all Runways the Proponent shall only be permitted to use
the lands for raising and harvesting certain agricultural crops as more particularly described
below:
1) Raise and harvest annual row crops consisting of flax, rye, hay, wheat, oats, barley, corn
or organic corn, vegetable or organic edamame, alfalfa, soybean or other crops
approved in advance by the Town.
2) Without limiting the generality of the Towns right to approve crops, the Proponent shall
not be permitted to raise and harvest corn, sunflowers or other tall profile type crops in
designated areas near the Runways, more particularly described in Appendix A as
Parcels 3a, 7, and 8 due to the high risk of wildlife and potential hazardous conditions
created for aircraft.
Page 9 of 16
TOWN OF TILLSONBURG OPERATIONS DEPARTMENT RFP 2017-008
Lease of Land for Agricultural Purposes
at the Tillsonburg Regional Airport
3.0 FORM OF PROPOSAL
Lease Number: RFP 2017-008
Description of Project: LEASE LAND FOR AGRIGULTURAL PURPOSES AT THE
TILLSONBURG REGIONAL AIRPORT
Legal Name of Proponent:
Business Address:
include street, city, province and postal code)
Telephone Number:
Fax Number:
Email Address:
Farm Business
Registration Number
FBRN)
To: Town of Tillsonburg
200 Broadway, Suite 204
Tillsonburg, ON N4G 5A7
the "Town")
Date:
Page 10 of 16
TOWN OF TILLSONBURG OPERATIONS DEPARTMENT RFP 2017-008
Lease of Land for Agricultural Purposes
at the Tillsonburg Regional Airport
3.1 Proposal Submission Information Required
The following questions must be filled out and submitted with the Form of Proposal.
Proposal submissions will be scored based on the information provided herein by the
Proponent. Attach additional sheets as necessary.
1) Please briefly describe your experience growing and harvesting agricultural products
and managing agricultural lands (attach additional sheets as needed).
2) How many years has your organization been in business under its present business
name?
Page 11 of 16
TOWN OF TILLSONBURG OPERATIONS DEPARTMENT RFP 2017-008
Lease of Land for Agricultural Purposes
at the Tillsonburg Regional Airport
3) Describe in detail your expertise in operating farmland of similar size and scope
4) General description of proposed agricultural crops for each the growing seasons within
the three (3) and/or five (5) year Lease Term (i.e. types of crops, crop rotation, tilling
methods etc.)
Page 12 of 16
TOWN OF TILLSONBURG OPERATIONS DEPARTMENT RFP 2017-008
Lease of Land for Agricultural Purposes
at the Tillsonburg Regional Airport
5) Proponents are to indicate other value added factors (i.e. field edge tree
trimming/removal, tree/bush line removal between adjacent fields, virgin land
conversion to agricultural land, etc.) or any proposed changes to the Agricultural Land
Lease Agreement — this will be evaluated under "F3 — Other Factors" section of the
Evaluation Criteria.
Page 13 of 16
TOWN OF: TILLSONBURG OPERATIONS DEPARTMENT RFP 2017-008
Lease of Land for Agricultural Purposes
at the Tillsonburg Regional Airport
6) Include two (2) references familiar with your past farming/project experience.
Reference # 1
COMPANY NAME:
CONTACT PERSON:
TELEPHONE NUMBER:
ADDRESS:
WORK DESCRIPTION:
Reference # 2
COMPANY NAME:
CONTACT PERSON.-
TELEPHONE
ERSON:
TELEPHONE NUMBER:
ADDRESS:
WORK DESCRIPTION:
Page 14 of 16
TOWN OF TILLSONBURG OPERATIONS DEPARTMENT RFP 2017-008
Lease of Land for Agricultural Purposes
at the Tillsonburg Regional Airport
3.2 Proponent Declaration
1) Price
INVe, the undersigned Proponent, having carefully examined the RFP Documents,
hereby propose and offer to pay the Town of Tillsonburg the Annual Price Per Acre, as
the annual rate of rent per acre to lease the farm land under the conditions herein
offe red :
Three (3) Year Option Annual Per Acre Price: $
Five (5) Year Option Annual Per Acre Price:
Annual Price Per Acre for the three (3) and/or five (5) year options do not include HST
and are expressed in Canadian Dollars.
2) Time Open for Acceptance
This offer is irrevocable and is to continue open to acceptance by the Town for a period
of sixtv (60) calendar days after the date and time of this RFP closing. The Town at
any time within the above sixtv (60) calendar day period accept this Proposal whether
or not any other Proposal has previously been accepted, upon notice of acceptance in
writing to me/us through any of the contact information methods provided on the Form
of Proposal page of this RFP.
3) Addenda
I/We acknowledge that I/We have received addenda numbered to inclusive
and that the pricing quoted includes the provisions set out in such addenda.
4) No Collusion
I/We hereby declare that no person, firm or corporation other than me/us has any
interest in this Proposal or in the RFP award for which this Proposal is made. I/We
further declare that this Proposal is made without any connection to, comparison of
figures, arrangements with or knowledge of, any other corporation, firm or persons
making a Proposal for the same work and is in all respects fair and without fraud or
collusion.
5) Conflict of Interest
I/We declare, to the best of my/our knowledge and belief, that no elected or appointed
officer or member of committees and or employee of the Town of Tillsonburg is, has or
will have an interest indirectly or directly as a contracting party, partner, shareholder,
surety or otherwise in the performance of the Proposal, or in the supply, work or
business to which they relate or in any portion of the profits thereof, or in any of the
monies to be derived there from.
Page 15 of 16
TOWN OF TILLSONBURG OPERATIONS DEPARTMENT RFP 2017-008
6) Interpretation
Per:
Lease of Land for Agricultural Purposes
at the Tillsonburg Regional Airport
I/We confirm that I/we have received no oral communication, representation,
information, instruction or advice (collectively referred to as "representation") from any
officer, employee, agent, or any other person acting on the behalf of or at the direction
of the Town which in any way amends or modifies the content of this Request for
Proposals, any addenda thereto, or any performance of services, works, obligations or
responsibilities or the exercise of any rights thereunder or with respect thereto. I/We
specifically release and waive any right and claim I/we may have to a claim for
negligence, misrepresentation, misstatement or otherwise for any oral communication
or representation whatsoever.
I/We acknowledge and agree that I/we have not assumed that any information
concerning our operations, business or personnel or any other information required to
be provided by me/us when submitting our Proposal is known to the Town, regardless
of whether such information may be actually previously known to the Town or not.
I/We further acknowledge and agree that all statements, schedules and other
information provided in this Proposal are true, complete and accurate in all respects.
I/We confirm that the party executing this Form of Proposal is authorized to sign the
same.
Printed Name of Officer)
Original Signature)
Position of Signing Officer)
Page 16 of 16
TOWN OF TILLSONBURG OPERATIONS DEPARTMENT RFP 2017-008
Lease of Land for Agricultural Purposes
at the Tillsonburg Regional Airport
APPENDIX A
Airport Agricultural Lands for Lease
PARCEL 11
PROUSE ROAD
19.71 ha (48.7ac)
1
II ROAD
CLOSED
PARCEL 6
2.92ha (7.2ac)
r
ARCEL 5
Q 3.4ha
8.4ac)
2
fA PARCEL 1 PARCEL 2
b 9.88ha (24.4ac) 4.29ha (10.6ac)
Z
Y
144 %z-*
a.eR
Ns mxs,m cim xoas I .Es coxsmucreD sEmcEs couvunox xo. xEvsoxs Dare ar
DEScx
CxED[ED
D,.re wD zD„ NORrH
40.02ha (98.9ac)
PARCEL 10
1.29ha (3.2ac)
LEGEND:
AVAILABLE AGRICULTURAL LAND
FOR LEASE 140.56ha (347.3ac)
I AGRICULTURAL LAND
J ALREADY LEASED
ACCESS POINT
PARCEL4
13.97ha (34.5ac) INTERCONNECTED
I PATHWAY
NO EQUIPMENT ZONE
C_:1 A IRPORT BOUNDARY
AIRPORT ROAD
4' ' :: ':
TOWN OF TILLSONBURG
OPERATIONS SERVICES
CUSTOMER SERVICE CENTRE N T S
10LISGAR AVENUE, TILLSONSURG, ONTARIO. N4GSAS
CONNECTED. ENRICHED. INSPIRED.
TILLSONBURG IRFP2017-008REGIONALAIRPRT
AIRP RT AGRICULTURAL 1 Of1
LANDS 1
CONNECTED. ENRICHED. INSPIRED.
REQUEST FOR PROPOSALS
FOR THE LEASE OF LAND
FOR AGRICULTURAL PURPOSES
AT THE TILLSONBURG REGIONAL AIRPORT
RFP 2017 - 008
RFP CLOSING
DATE: September 12, 2017
TIME: 2:00 PM local time
QUERY END DATE: Wednesday September 6, 2017 at 2:00 PM local time
LOCATION: Town of Tillsonburg
200 Broadway, 2nd Floor
Tillsonburg, Ontario, N4G 5A5
LATE SUBMISSIONS WILL NOT BE ACCEPTED
TOWN OF TILLSONBURG OPERATIONS DEPARTMENT
Lease of Land for Agricultural Purposes
at the Tillsonburg Regional Airport
3.0 FORM OF PROPOSAL
Lease Number: RFP 2017-008
RFP 2017-008
Description of Project: LEASE LAND FOR AGRIGULTURAL PURPOSES AT THE
TILLSONBURG REGIONAL AIRPORT
Legal Name of Proponent: K&K Farms Inc.
Business Address: 713 319 Middletown Line RR#3 Norwich ON
include street, city, province and postal code)
Telephone Number: (519) 424-3181
Fax Number:
Email Address:
Farm Business
Registration Number
FBRN)
519) 424-3183
2kkfarms@gmail.com
2964237
To: Town of Tillsonburg
200 Broadway, Suite 204
Tillsonburg, ON N4G 5A7
the "Town")
Date: September 11/17
Page 10 of 16
TOWN OF TILLSONBURG OPERATIONS DEPARTMENT RFP 2017-008
Lease of Land for Agricultural Purposes
at the Tillsonburg Regional Airport
3.1 Proposal Submission Information Required
The following questions must be filled out and submitted with the Form of Proposal.
Proposal submissions will be scored based on the information provided herein by the
Proponent. Attach additional sheets as necessary.
1) Please briefly describe your experience growing and harvesting agricultural products
and managing agricultural lands (attach additional sheets as needed).
We were born and raised on our family farm in Norwich. We farmed with our father until he retired.
In 2006 we incorporated our farming business. We rent land as well as own 750 acres and do custom
spraying as well as harvesting and planting as well.
2) How many years has your organization been in business under its present business
name?
We have been in business for 14 years and incorporated our farming business in 2006.
Page 11 of 16
1
TOWN OF TILLSONBURG OPERATIONS DEPARTMENT RFP 2017-008
Lease of Land for Agricultural Purposes
at the Tillsonburg Regional Airport
3) Describe in detail your expertise in operating farmland of similar size and scope
We farm 1100 acres of our own with 750 owned and 350 rented acres. We plant and harvest another
1500 acres as custom work. We custom spray for Cargill and W.G. Thompsons 9000 acres.
A lot of our work is in the Tillsonburg area and feel this parcel would fit into our rotation and farming
practices well.
4) General description of proposed agricultural crops for each the growing seasons within
the three (3) and/or five (5) year Lease Term (i.e. types of crops, crop rotation, tilling
methods etc.)
Generally we rotate in a 3 year rotation with Soybeans, wheat, and corn. After our wheat we usually
apply manure with a cover crop to hold the nutrients for the following year. We practice vertical tillage
with some minimum till for soybeans. It is our best interest to have a crop always growing so therefore
we usually never have a open bare feild.
Page 12 of 16
TOWN OF TILLSONBURG
DEPARTMENT RFP 2017-008
OPERATIONS
Lease of Land for Agricultural Purposes
at the Tillsonburg Regional Airport
5) Proponents are to indicate other value added factors (i.e. field edge tree
trimming/removal, tree/bush line removal between adjacent fields, virgin land
conversion to agricultural land, etc.) or any proposed changes to the Agricultural Land
Lease Agreement — this will be evaluated under T3 — Other Factors" section of the
Evaluation Criteria.
We always throughout the year and prior to planting clean up all dead and broken tree limbs and cut
encroaching brush areas back. It in our best interests as well as a profitability standpoint that any brush
areas that could be cleaned up, to attach adjacent fields, be done so.
Page 13 of 16
TOWN OF TILLSONBURG OPERATIONS DEPARTMENT
Lease of Land for Agricultural Purposes
at the Tillsonburg Regional Airport
RFP 2017-008
6) Include two (2) references familiar with your past farming/project experience.
Reference # 1
COMPANY NAME: Cargill Courtland
CONTACT PERSON: Meghan Wells
TELEPHONE NUMBER: 519 688-2151
ADDRESS: 159 Talbot Street Courtland ON
WORK DESCRIPTION: Custom Spraying, Fertilizer purchasing, Seed Purchasing
Reference # 2
COMPANY NAME: W.G. Thompsons
CONTACT PERSON: Travis Talbot
TELEPHONE NUMBER: 519 424-9852
ADDRESS: Box 134, 345539 Quaker Str Norwich ON
WORK DESCRIPTION: Custom Spraying, Chemical Purchasing, Seed purchasing
Page 14 of 16
01
TOWN OF TILLSONBURG OPERATIONS DEPARTMENT
Lease of Land for Agricultural Purposes
at the Tillsonburg Regional Airport
3.2 Proponent Declaration
1) Price
RFP 2017-008
I/We, the undersigned Proponent, having carefully examined the RFP Documents,
hereby propose and offer to pay the Town of Tillsonburg the Annual Price Per Acre, as
the annual rate of rent per acre to lease the farm land under the conditions herein
offered:
Three (3) Year Option Annual Per Acre Price: s 251.00
Five (5) Year Option Annual Per Acre Price: 260.00
Annual Price Per Acre for the three (3) and/or five (5) year options do not include HST
and are expressed in Canadian Dollars.
2) Time Open for Acceptance
This offer is irrevocable and is to continue open to acceptance by the Town for a period
of sixtv (60) calendar days after the date and time of this RFP closing. The Town at
any time within the above sixty (60) calendar day period accept this Proposal whether
or not any other Proposal has previously been accepted, upon notice of acceptance in
writing to me/us through any of the contact information methods provided on the Form
of Proposal page of this RFP.
3) Addenda
Me acknowledge that I/We have received addenda numbered 0 to 0 inclusive
and that the pricing quoted includes the provisions set out in such addenda.
4) No Collusion
I/We hereby declare that no person, firm or corporation other than me/us has any
interest in this Proposal or in the RFP award for which this Proposal is made. I/We
further declare that this Proposal is made without any connection to, comparison of
figures, arrangements with or knowledge of, any other corporation, firm or persons
making a Proposal for the same work and is in all respects fair and without fraud or
collusion.
5) Conflict of Interest
I/We declare, to the best of my/our knowledge and belief, that no elected or appointed
officer or member of committees and or employee of the Town of Tillsonburg is, has or
will have an interest indirectly or directly as a contracting party, partner, shareholder,
surety or otherwise in the performance of the Proposal, or in the supply, work or
business to which they relate or in any portion of the profits thereof, or in any of the
monies to be derived there from.
Page 15 of 16
r , i
TOWN OF TILLSONBURG
6) Interpretation
OPERATIONS DEPARTMENT
Lease of Land for Agricultural Purposes
at the Tillsonburg Regional Airport
RFP 2017-008
Me confirm that I/we have received no oral communication, representation,
information, instruction or advice (collectively referred to as "representation") from any
officer, employee, agent, or any other person acting on the behalf of or at the direction
of the Town which in any way amends or modifies the content of this Request for
Proposals, any addenda thereto, or any performance of services, works, obligations or
responsibilities or the exercise of any rights thereunder or with respect thereto. I/We
specifically release and waive any right and claim I/we may have to a claim for
negligence, misrepresentation, misstatement or otherwise for any oral communication
or representation whatsoever.
I/We acknowledge and agree that I/we have not assumed that any information
i. concerning our operations, business or personnel or any other information required to
be provided by me/us when submitting our Proposal is known to the Town, regardless
of whether such information may be actually previously known to the Town or not.
I/We further acknowledge and agree that all statements, schedules and other
information provided in this Proposal are true, complete and accurate in all respects.
I/We confirm that the party executing this Form of Proposal is authorized to sign the
same.
Per: Gary Krygsman
Printed Name of O
atureOriginalSi )
Treasurer
Position of Signing Officer)
Page 16 of 16