PROCEDURES SEALED BIDS Sealed bids for the licensing of Municipal Lands are to be submitted to: Strathcona County Land Management Services County Hall 2001 Sherwood Drive Sherwood Park, Alberta T8A 3W7 up to 2:00 pm on Friday, November 16, 2012. Bids will not be accepted after this time. The minimum bid is Seventy-Five ($75.00) Dollars per year plus GST and property taxes. Bids are to be placed in a sealed envelope with the following clearly identified on the outside of the envelope: MUNICIPAL LAND LICENCE TENDER NUMBER 12.0534 CLOSING: November 16, 2012 DEPOSITS Each bid must be accompanied by a cheque payable to Strathcona County in the amount equivalent to the bidder’s proposed first-year licence fee plus GST. All bids shall be irrevocably open for acceptance by the County for a period of Thirty (30) days from the tender closing date as specified in these procedures. MUNICIPAL LAND LICENCE AGREEMENT The successful bidder shall enter into a Municipal Land Licence Agreement with the County, format sample attached as Schedule “A”. In the event the successful bidder does not enter into a Municipal Land Licence Agreement, the tender deposit will be forfeited to Strathcona County. AVAILABLE PROPERTIES Strathcona County is offering the properties shown on Schedule “B” for licence. The County may consider other lands owned by the County which are not listed in the attached Schedule, however, these will be evaluated on an individual basis. TERMS OF LICENCE The term of the Municipal Land Licence shall be for Three (3) years unless otherwise stated. UTILIZATION OF MUNICIPAL LAND BY SUBDIVISION RESIDENTS Notwithstanding that a property is up for tender, if the County receives a petition signed by one half (1/2) of the owners within a quarter section advising that they wish to (as a group) license the Municipal Land for pasture or hay land, then the County may in its discretion license to that group. This preferential treatment shall only be given in a year that a parcel comes up for relicensing and will not affect the term of any licence. The Municipal Land Licence fee for the group must equal the highest bid received on that property. The minimum fee is Seventy-Five ($75.00) Dollars per year plus GST if no other bids are received. Each owner within the quarter section who has signed a petition shall be required to execute the licence agreement and as a group they will jointly be responsible for the maintenance and taxes of the Municipal Land as provided for in the Municipal Land Licence Agreement. TAXES The licencee will be issued a tax notice on the municipal land and will be responsible to pay the annual taxes directly to the Taxation Department of Strathcona County on or before June 30 of each and every year of the licence term. NOXIOUS WEEDS If a noxious weed as designated under the Weed Control Act, is found on a licensed Municipal Land parcel, Transportation and Agricultural Services will notify the licencee by a letter sent by regular mail requesting that the weed be controlled in Ten (10) days by an appropriate method as designated by Transportation and Agricultural Services. The Municipal Land will be re-inspected after the Ten (10) days by a County Weed Inspector. If the noxious weed is not controlled under re-inspection, the licence will be terminated immediately. There will be no return of licence fees or any other form of compensation to the licencee. FENCING OF MUNICIPAL LAND FOR PASTURE Should a licencee desire to fence for pasture any Municipal Land on which a licence has been granted which, prior to 2013 had not been fenced, then that licencee prior to the County granting permission, shall provide a petition signed by two-thirds (2/3) of the owners of the property located within that quarter section that they have no objection. The County, prior to the granting of permission to fence, shall notify the other one-third (1/3) property owners within that quarter section that a petition has been received by the County signed by two-thirds (2/3) of the owners within the quarter section and that if no appeal is received within Seven (7) days from date of the notice, then the County shall issue the permission to fence. Should the County at any time receive a petition from one-third (1/3) of the owners of property within a quarter section that they are not in support of the fenced Municipal Land, notwithstanding permission was granted, the matter shall be referred to Council. The Licencee of any fenced Municipal Land shall be required to: a) construct the fence to a standard, which is acceptable to the County: i. fencing within a Country Residential subdivision must be with smooth wire, either high tensile or page wire is required; ii. fencing outside of a Country Residential subdivision, barbed wire is acceptable however, smooth wire is preferred; iii. no electrical fencing is permitted on Municipal Lands, b) place survey ribbon on the fence at intervals of not less than Ten (10) feet to ensure that public utilizing the Municipal Land are aware of the fence; c) open the gates to Municipal Land at the end of each pasture season in order that the public may have unrestricted access for winter activities; d) remove any fence constructed by the Licencee at the end of the term as provided in the licence, failing which the fence shall become the property of the County; e) carry public liability insurance in the amount of Two Million ($2,000,000.00) Dollars to be shown on demand; f) take such other precautions as may be required by the County to ensure public safety. PASTURE LAND All tender bids for pasture land must be accompanied by a Management Plan. See Schedule “C”. Please see the attached Management Plan outline contained within this Tender Package for further information. Prior to the awarding of any tenders for pasture land, the Management Plan for each bid will be reviewed. Any tenders for pasture land not containing a Management Plan will not be considered. CULTIVATION OF MUNICIPAL LAND The cultivation of Municipal Land shall only be to the extent necessary to break and re-seed the Municipal Land down to a hay mixture. The continuous cropping of Municipal Land shall not be permitted; however, a nurse crop during the re-seeding process will be permitted. Should the Licencee desire to break and cultivate any Municipal Land on which a licence has been granted, then that Licencee prior to the County granting consent, shall provide a petition signed by two-thirds (2/3) of the owners of property within that quarter section that they have no objection. The County, prior to the granting of permission to cultivate, shall notify the other one-third (1/3) property owners within that quarter section that a petition has been received by the County signed by two-thirds (2/3) of the owners within the quarter section and that if no appeal is received within Seven (7) days of date of the notice, then the County may issue permission to cultivate. OTHER INFORMATION Strathcona County reserves the right to accept or reject any and all bids and to waive irregularities and informalities at its discretion. The County reserves the right to accept a bid other than the highest bid without stating reasons. By the act of submitting its bid, the Bidder waives any right to contest in any proceedings or action the right of the County to award a licence of Municipal Lands to any party in its sole and unfettered discretion. Without limiting the generality of the foregoing, the County may consider any other factor besides price that it deems in its sole discretion to be relevant to its decision including, but not limited to, the Bidder’s past experience in managing a licensed area, including overgrazing, number of animal units, length of grazing period, subleasing, manner of weed control, tree cutting, improper use and past payment of annual licensing fees. NOTE: All licence agreements are subject to the standard Seven (7) days termination notice, with no compensation due or payable by the County. However, every effort will be made to provide as much notification as possible. ALL TENDER BIDS MUST INCLUDE THE FOLLOWING INFORMATION Legal name, full address and telephone number(s) of bidder. Tender number and legal description of property or properties to be licensed and the property number. Total tender bid amount broken down in a yearly amount proposed for license. Date and authorized signature. Separate cheque for each property tendered. The tender number shall be clearly indicated on the outside of the tender bid envelope. Management Plan for pasture land (as per Schedule “C” attached)