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HomeMy WebLinkAboutAgreement - BT Farms - Signed: 2025-10-06City of Gilroy Agreement/Contract Tracking Today’s Date: October 6, 2025 Your Name: Izabela Cirloganu Contract Type: Other (Non-Standard contracts must be reviewed by the City Administrator prior to initiating) Phone Number: X255 Contract Effective Date: (Date contract goes into effect) 12/1/2025 Contract Expiration Date: 11/30/2027 Contractor / Consultant Name: (if an individual’s name, format as last name, first name) BT FARMS Contract Subject: (no more than 100 characters) Three (3) SCRWA Land Leases/San Felipe Farms . Contract Amount: (Total Amount of contract. If no amount, leave blank) $ 75,808 By submitting this form, I confirm this information is complete: ➢ Date of Contract ➢ Contractor/Consultant name and complete address ➢ Terms of the agreement (start date, completion date or “until project completion”, cap of compensation to be paid) ➢ Scope of Services, Terms of Payment, Milestone Schedule and exhibit(s) attached ➢ Taxpayer ID or Social Security # and Contractors License # if applicable ➢ Contractor/Consultant signer’s name and title ➢ City Administrator or Department Head Name, City Clerk (Attest), City Attorney (Approved as to Form) Routing Steps for Electronic Signature Risk Manager City Attorney Approval As to Form City Administrator or Department Head City Clerk Attestation Docusign Envelope ID: B313F8E8-0280-474F-BAC2-0511E10A4CFE Andy Faber Brad Kilger Harjot Sangha TYPE OF PROCURMENT DOLLAR THRESHOLD / SIGNING AUTHORITY STAFF LEVEL DEPARTMENT HEAD CITY ADMINISTRATOR COUNCIL APPROVAL $0-$999.99 $1,000-$49,999.99 $50,000-$99,999.99 $100,000-Above EQUIPMENT /SUPPLIES/ MATERIALS Furniture, hoses, parts, pipe manholes, office supplies, fuel, tools, PPE items, etc… • Vendor selection at discretion of staff Payment Method Purchase Card or Payment Request (if vendor does not accept credit cards) • Informal bid/quotation – 3 quotes (verbal or written) • Purchasing Summary form w/ Purchasing Approval • Purchase Requisition Payment Method Purchase Order* • Informal bid/quotation – 3 written quotes • Purchasing Summary form w/ City Administrator Approval • Purchase Requisition Payment Method Purchase Order • Formal Bid • Advertisement • Council Approval • Purchase Requisition signed by City Administrator Payment Method Purchase Order GENERAL SERVICES Janitorial, landscape maintenance, equipment repair, installation, graffiti abatement, service inspections, uniform cleaning, etc… • Vendor selection at discretion of staff • May require insurance documents depending on scope/ nature of work Payment Method Purchase Card (if incorporated) Signed Payment Request (if sole proprietor or partner) • Informal bid/quotation – 3 quotes (verbal or written) • Purchasing Summary form w/ Department Head Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order* • Informal Bid/RFP quotation – 3 written quotes • Purchasing Summary form w/ City Administrator Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order • Formal Bid/RFP/RFQ • Advertisement • Council Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order PROFESSIONAL SERVICES Consultants, architects, designers, auditors, etc... • Vendor selection at the discretion of staff • Purchase Summary Form w/ Purchasing Approval • Standard Agreement signed by Department Head • Purchase Requisition Payment Method Purchase Order • RFP/RFQ to at least 3 consultants • Purchase Summary Form w/ Department Head Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order • RFP/RFQ to a list of consultants • Evaluation Spreadsheet w/ City Administrator Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order • Formal RFP/RFQ • Advertisement • Council Approval • Standard Agreement signed by City Administrator • Purchase Requisition Payment Method Purchase Order Docusign Envelope ID: B313F8E8-0280-474F-BAC2-0511E10A4CFE 4845-0002-1336v1 -1- MBRANSON\04706083 FIRST AMENDMENT TO AGRICULTURAL LEASE This First Amendment to Agricultural Lease ("Amendment") is dated for reference purposes on , 2025, by and between South County Regional Wastewater Authority, a California Joint Exercise of Powers Authority organized and created pursuant to the law of the State of California ("Landlord") and San Felipe Farms, L.P., a California limited partnership ("Tenant") and is made with reference to the following facts: RECITALS A. WHEREAS, Landlord is the owner of certain real property located in Santa Clara County, California, identified as portions of Santa Clara County Assessor's Parcel No. 841-30-007 which real property is depicted on Exhibit "A" attached hereto (the "Premises"). The Premises contains approximately One Hundred Seventeen and Fifty One-Hundredths (117.50) gross acres (approximately Twenty (20) farmable acres) of land. B. WHEREAS, Landlord and Tenant desire to amend that certain lease dated October 4, 2023 between Landlord and Tenant for the Premises ("the Lease") to extend its term under the terms and conditions set forth in this Amendment. NOW, THEREFORE, for valuable consideration, the parties agree as follows: 1. Effective Date of Amendment. This Amendment shall become effective upon execution of this Amendment by Landlord and Tenant (the "Effective Date"). 2. Term. The term of the Lease is extended for two (2) years commencing on December 1, 2025 (the “Commencement Date”) and shall terminate on November 30, 2027 (the “Expiration Date”), subject to sooner termination as set forth in the Lease. 3. Rent. Tenant shall pay to Landlord for the term stated in Section 2 above, rent in the amount of Six Thousand Six Hundred and Ninety-Five Dollars ($6,695) per year, payable in full each year no later than December 31, 2025, for the first 12 months of the term and December 31, 2026, for the second 12 months of the term. Rent shall be paid to Landlord in the form of cash or check, in advance without deduction, offset, prior notice of demand, at the City of Gilroy, Finance Department, 7551 Rosanna Street, Gilroy, CA 95020. 4. Effect of Amendment. Except to the extent modified by the terms of this Amendment, the terms of the Lease, including the amount of rent due, shall Docusign Envelope ID: ACC29E04-3468-4776-A79A-904C67C5ED1ADocusign Envelope ID: B313F8E8-0280-474F-BAC2-0511E10A4CFE 4845-0002-1336v1 -2- MBRANSON\04706083 remain unchanged and in full force and effect. In the event of a conflict between the terms of the Lease and this Amendment, the terms of this Amendment shall control. [Signatures on next page] Docusign Envelope ID: ACC29E04-3468-4776-A79A-904C67C5ED1ADocusign Envelope ID: B313F8E8-0280-474F-BAC2-0511E10A4CFE 4845-0002-1336v1 -3- MBRANSON\04706083 Dated: Dated:___________________ _ LANDLORD: SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY, a California Joint Exercise of Powers Authority organized and created pursuant to the laws of the State of California By: Title: South County Regional Wastewater Authority Manager ATTEST: By: Harjot Sangha Title: South County Regional Wastewater Authority Secretary APPROVED AS TO FORM: By: Andy Faber Title: South County Regional Wastewater Authority Legal Counsel TENANT: San Felipe Farms, L.P. By: Tim Gillio Title: Partner Docusign Envelope ID: ACC29E04-3468-4776-A79A-904C67C5ED1A 9/29/2025 Docusign Envelope ID: B313F8E8-0280-474F-BAC2-0511E10A4CFE Brad Kilger Exhibit A: APN 841-30-007 Docusign Envelope ID: ACC29E04-3468-4776-A79A-904C67C5ED1ADocusign Envelope ID: B313F8E8-0280-474F-BAC2-0511E10A4CFE 4845-0002-1336v1 -1- MBRANSON\04706083 THIRD AMENDMENT TO AGRICULTURAL LEASE This Third Amendment to Agricultural Lease (“Amendment”) is dated for reference purposes on , 2025, by and between South County Regional Wastewater Authority, a California Joint Exercise of Powers Authority organized and created pursuant to the law of the State of California (“Landlord”) and San Felipe Farms, L.P., a California limited partnership (“Tenant”) and is made with reference to the following facts: RECITALS A. WHEREAS, Landlord is the owner of certain real property located in Santa Clara County, California, identified as portions of Santa Clara County Assessor's Parcel No. 841 -30-003 which real property is depicted on Exhibit “A” attached hereto (the “Premises”). The Premises contains approximately One Hundred Four and Thirty-Nine One-Hundredths (104.39) acres (approximately Sixty (60) farmable acres) of land. B. WHEREAS, Landlord and Tenant desire to amend that certain lease dated September 25, 2019 between Landlord and Tenant for the Premises (“the Lease”) to extend its term under the terms and conditions set forth in this Amendment. NOW, THEREFORE, for valuable consideration, the parties agree as follows: 1. Effective Date of Amendment. This Amendment shall become effective upon execution of this Amendment by Landlord and Tenant (the "Effective Date"). 2. Term. The term of the Lease is extended for two (2) years commencing on December 1, 2025 (the “Commencement Date”) and shall terminate on November 30, 2027 (the “Expiration Date”), subject to sooner termination as set forth in the Lease. 3. Rent. Tenant shall pay to Landlord for the term stated in Section 2 above, rent in the amount of Twenty Thousand Eighty-Five Dollars ($20,085.00) per year, payable in full each year no later than December 31, 2025, for the first 12 months of the term and December 31, 2026, for the second 12 months of the term. Rent shall be paid to Landlord in the form of cash or check, in advance without deduction, offset, prior notice of demand, at the City of Gilroy, Finance Department, 7551 Rosanna Street, Gilroy, CA 95020. 4. Effect of Amendment. Except to the extent modified by the terms of this Amendment, the terms of the Lease, including the amount of rent due, shall remain unchanged and in full force and effect. In the event of a conflict between the Docusign Envelope ID: ACC29E04-3468-4776-A79A-904C67C5ED1ADocusign Envelope ID: B313F8E8-0280-474F-BAC2-0511E10A4CFE 4845-0002-1336v1 -2- MBRANSON\04706083 terms of the Lease and this Amendment, the terms of this Amendment shall control. [Signatures on next page] Docusign Envelope ID: ACC29E04-3468-4776-A79A-904C67C5ED1ADocusign Envelope ID: B313F8E8-0280-474F-BAC2-0511E10A4CFE 4845-0002-1336v1 -3- MBRANSON\04706083 Dated: Dated:___________________ _ LANDLORD: SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY, a California Joint Exercise of Powers Authority organized and created pursuant to the laws of the State of California By: Title: South County Regional Wastewater Authority Manager ATTEST: By: Harjot Sangha Title: South County Regional Wastewater Authority Secretary APPROVED AS TO FORM: By: Andy Faber Title: South County Regional Wastewater Authority Legal Counsel TENANT: San Felipe Farms, L.P. By: Tim Gillio Title: Partner Docusign Envelope ID: ACC29E04-3468-4776-A79A-904C67C5ED1A 9/29/2025 Docusign Envelope ID: B313F8E8-0280-474F-BAC2-0511E10A4CFE Brad Kilger Exhibit A: APN 841-30-003 Docusign Envelope ID: ACC29E04-3468-4776-A79A-904C67C5ED1ADocusign Envelope ID: B313F8E8-0280-474F-BAC2-0511E10A4CFE 4845-0002-1336v1 -1- MBRANSON\04706083 THIRD AMENDMENT TO AGRICULTURAL LEASE This Third Amendment to Agricultural Lease ("Amendment") is dated for reference purposes on , 2025, by and between South County Regional Wastewater Authority, a California Joint Exercise of Powers Authority organized and created pursuant to the law of the State of California ("Landlord") and San Felipe Farms, L.P., a California limited partnership ("Tenant") and is made with reference to the following facts: RECITALS A. WHEREAS, Landlord is the owner of certain real property located in Santa Clara County, California, identified as portions of Santa Clara County Assessor's Parcel No. 841-30-004 which real property is depicted on Exhibit "A" attached hereto (the "Premises"). The Premises contains approximately One Hundred Forty-One and Eighty-Two One-Hundredths (141.82) gross acres (approximately One Hundred Twenty-Five and Fourteen One-Hundredths (125.14) farmable acres) of land. B. WHEREAS, Landlord and Tenant desire to amend that certain lease dated September 25, 2019 between Landlord and Tenant for the Premises ("the Lease") to extend its term under the terms and conditions set forth in this Amendment. NOW, THEREFORE, for valuable consideration, the parties agree as follows: 1. Effective Date of Amendment. This Amendment shall become effective upon execution of this Amendment by Landlord and Tenant (the "Effective Date"). 2. Term. The term of the Lease is extended for two (2) years commencing on December 1, 2025 (the "Commencement Date") and shall terminate on November 30, 2027 (the '·Expiration Date"), subject to sooner termination as set forth in the Lease. 3. Rent. Tenant shall pay to Landlord for the term stated in Section 2 above, rent in the amount of Forty-Nine Thousand Twenty-Eight Dollars ($49,028.00) per year, payable in full each year no later than December 31, 2025, for the first 12 months of the term and December 31, 2026, for the second 12 months of the term. Rent shall be paid to Landlord in the form of cash or check, in advance without deduction, offset, prior notice of demand, at the City of Gilroy, Finance Department, 7551 Rosanna Street, Gilroy, CA 95020. 4. Effect of Amendment. Except to the extent modified by the terms of Docusign Envelope ID: ACC29E04-3468-4776-A79A-904C67C5ED1ADocusign Envelope ID: B313F8E8-0280-474F-BAC2-0511E10A4CFE 4845-0002-1336v1 -2- MBRANSON\04706083 this Amendment, the terms of the Lease, including the amount of rent due, shall remain unchanged and in full force and effect. In the event of a conflict between the terms of the Lease and this Amendment, the terms of this Amendment shall control. [Signatures on next page] Docusign Envelope ID: ACC29E04-3468-4776-A79A-904C67C5ED1ADocusign Envelope ID: B313F8E8-0280-474F-BAC2-0511E10A4CFE 4845-0002-1336v1 -3- MBRANSON\04706083 Dated: Dated:___________________ _ LANDLORD: SOUTH COUNTY REGIONAL WASTEWATER AUTHORITY, a California Joint Exercise of Powers Authority organized and created pursuant to the laws of the State of California By: Title: South County Regional Wastewater Authority Manager ATTEST: By: Harjot Sangha Title: South County Regional Wastewater Authority Secretary APPROVED AS TO FORM: By: Andy Faber Title: South County Regional Wastewater Authority Legal Counsel TENANT: San Felipe Farms, L.P. By: Tim Gillio Title: Partner Docusign Envelope ID: ACC29E04-3468-4776-A79A-904C67C5ED1A 9/29/2025 Docusign Envelope ID: B313F8E8-0280-474F-BAC2-0511E10A4CFE Brad Kilger Exhibit A: APN 841-30-004 Docusign Envelope ID: ACC29E04-3468-4776-A79A-904C67C5ED1ADocusign Envelope ID: B313F8E8-0280-474F-BAC2-0511E10A4CFE