HomeMy WebLinkAbout2008-03-10-Resolutions 08-57_Farm Lease - CopelandTHE CITY OF WAUKEE,IOWA
RESOLUTION 08-57 )
A RESOLUTION APPROVING FARM LEASE WITH JOE COPELAND
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,City Staff had received an inquiry to lease for fanning purposes property owned by
the City;AND,
WHEREAS,the property is property acquired for development of the Copeland Recreation and
Sports Complex which is not ready for development at this time and would likely overgrow if
not farmed;AND,
WHEREAS,the City Council believes that it is in the best interest of the City to lease the
------jJ:ropeltyiu JoeCopeland fOT fair markervaftre-wtrtctrwtlt;ilrJiaditionW-pj'ovldiTlg l"elllalTIlCOme--
to the City,assure the property's use and mitigate maintenance expense to the City;AND,
WHEREAS,the terms of the one year lease with Joe Copeland are contained in the lease
attached as exhibit A.
NOW THEREFORE BE IT RESOLVED that the Farm Lease attached as exhibit A should be ]
and the same is hereby approved.The Mayor is hereby authorized to sign the lease on behalf of
the City.
Passed by the City Council ofthc City of Waukee,Iowa,and approved this the 10th day of
March,2008.
Attest:
ROLL CALL VOTE
Donald L.Bailey,Jr.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE
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NAY ABSENT ABSTAIN
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EXHIBIT A
FARM LEASE
THE IOWA STATE BAR ASSOCIATION
Official Forni No.136
Recorder's Cover Sheet
Preparer Information:(Name,address and phone number)
Steven P.Brick,6701 Westown Parkway,Suite 100,West Des Moines,IA 50266,Phone:
(515)274-1450
Taxpayer Information:(Name and complete address)
City of Waukee,230 W.Hickman Road,Waukee,Iowa 50263
Return Document To:(Name and complete address)
City of Waukee,230 W.Hickman Road,Waukee,Iowa 5Q263
Grantors:
City of Waukee,Iowa
Grantees:
Joe Copeland.
Legal description:See Page 2
Document or instrument number of previously recorded documents:
@ThelowaSlateBarAeoocllltlon2008
IOWADOCSI&
r
THE;IOWA STATE BARASSOCIA110N I Steven P.Brick IFOR n-IELEGALEFFECTOFlHEUSEOF
OffIcllll Form No.13S nilS FORM,CONSULTYOURl.AWYrR
!~ffi~.FARM LEASE -CASH OR CROP SHARES
'.'"'S'OCf/l.'t'-o
THIS LEASE ("Laase")Is made between Citv of Waukee,Iowa
("Landlord''),whose address for the purpose of this Lease Is
230 W.HIckman Road,waukee,Iowa 50263 ,and
Joe Copeland '("Tenant"),whose
address for the purpose of this Lease Is 34154 Ute A venue.Waukee,Iowa 50263
THE PARTIES AGREE AS FOLLOWS:,
1.PREMISES AND TERM.Landlord leases 10 Tenant the following real estate situated in Dallas
County,Iowa (the ''Real Estate"):
Southwest Quarter of the Southwest Quarter (SW 1/4 SW 114)of Section 36.Township 79 North,
Range 27 West of the 5th P.M.,Dallas County,Iowa.
Northwest Quarter of the SouthwestQuarter.(NW 1/4 SW 114)ofJSection 36,Township 79 North,
Rauge 27 West of the 5th P,M.,Dallas County,Iowa..'..
Northwest Quarter of the Southeast Quarter (NW 1/4 SE 1/4)of Section 36,Township 79 North,
--__B.@ze27WeS!of tile_5th I'.M~IJallas ~~u~tI,Iowa._____~._--_.----------------
and containing 120 (total)(tllI.abIs)acres,more or less,with posse6slo~by Tenant for B term of years to
commence on 04/01108 •and end on February 1st I 2009 .The Tenant has had or been offered
an opportunity to make an Independent investlgation as to the acres and boundaries of the premises.In the event that possession
cannot be delivered within fifteen (15)days after commencement of this Lease,Tenant may terminate lhls Lease by giving'the
Landlord notice in writing.1
2.RENT.Tenant shall pay to Landlord as rent for the Real Estate (the "Rent"):
a.Total annual cash rent of $21,000.00 payable,unless otherwlse agreed,as follows:
$10,500,00 on 1st day of Apr 2008 ,$10500.00 on 1st day of
December 2008 ,and $on day of ;or
b.Crop share-%or com,%of soybeans.and %
of other crops raised on the Real Estate.
All Rent Js to be paid to Landlord at the address above or at such other place as Landlord may direct In writing.Rent must be
in Landlord's possession on or before the due date.participation of this farm in any offered program by the U.S,Department of Agriculture
or any state for crop production control or soil conservation,the obeervence of the terms and conditions of tnls program,and me division of
farm program payments,requlrea Landlord's consent.payments from parucpancn In these';programs shall be divided
%Landlord %Tenant.Governmental cost-sharing payments for permanent ecll conservation structures
shall be divided %Landlord %Tenant Crop disaster payments shall be divided %Landlord
%Tenant.1
3.LANDLORD'S LIEN AND SECURITY INTEREST.As security for all sums.due or which wlll become due from Tenant to
Landlord,Tenant hereby crents to Landlord,in addillon to eny statutory liens,a security Interest as provided in the Iowa Unlfonn
Commercial Code and e.contract.uaillen in all crops produced on the premises and the proceeds and products thereof,all contract rights
concerning such crops,proceeds andlor products,all proceeds oflnsurance collected on account of destruction of such crops,all contract
rights and U.S.government andror state agricultural farm program payments in comecucn with the above described premises whether
such contract ljghts be payable in cash or in kind,including the proceeds from such rights,and any and all other personal property kept or
used on the real estate that Is not exempt from execution.Tenant shall also sign any additional forms required to validate the security
interest in government program payments.
,
10 TheIowa S(alu Bar AsscdaOcn 2008 135 FARM J..EA.SE-CASH OR CROP SHARES
IOWAOOCOO
"
ReVised January 20GB
)
1
I
+aReRl sRall Ret sell 81:feh ElFeJ38l;ullese l8f1slefflBgraes f1111Bl..lse.T8I,ant 8hall "uHf)LJi,dlott!of TeI'8I,rS Intentiol'te soil
·ere~ftt least three (a)5i:1si1'l6sBea)5 prier if!Bale fir tI'Ie erel3 (\\'Uh IH:lBiReee Ela)6 baiRD'eeeel'leeel es Mertes)tArBI;I{IA rFiaey,elKl8~t
Bl'lY lena or federal helida)s}."Fenant sltall ~a)the full roelll ro.lila flftlj!:l je61 In nllieR iRe 861'ie j!:IfSet:lBe8,,,"ether E1tf6SF f1Bt,at.tI:lB'
'lime af eeole ~tll"8r:1aflt te LeflEilorEl's ee.,sertl ta release Landlord's seottrlt)hitCi6Sts.1:1pm'payme"l i"full LandlOJd 31'all lbleas~
eeRlillgrg's ileA 13FtU~a BrB"!lreell:lBeei Iii U~at eHl~)Bar el.Ihe 1'1'6",,1383.Tile pmti1'.iSagIst ~ldl by lite LalldlOid .cleasil,g Ute lioll as to
#Ie GFefllR eRB year,lfle baliEilaffJ iR 1'l8Way releases tfte Iiel.0,agrees to Icleas:;Hie 6e'll:t ati]pliOi 0'subseqU6illjsal.
TeRsAl 61=1a1lSIDR aRe!e!elp'sr te baRellem a list Qf pateRtial Dwyer;Clf tl:1?crops 'rQ wl:l'cb ·1 andlgrd has been granted a
-..::il!eet:lri~h,leiCst ill [hIs leaso,l::lliless La"dlold otllemiso ·COIlSeul's,Tellattt v,llI dol solt lItero ClOpB to a buys ...110 Is liOt 011 tlae
·'rMte.,tllllllat ef btl)ers unless Tallant pap lito FijI!reMt dtle tel the CI01'~eelr Ie tlie LaMdlOld at or ",Iar ta the date af 3818.Laf'ldlftfd
may Ojr.'BRaUaB 18 tAB !'IfltBf'lUalB1:lysra at tRe eldetsRee af tAis 6eeaFily IAteras!.
Landlord Is further granted the power,coupled with an interest,to sign on behalf of Tenant as attorney-In-fact and to file one or
more financing statements under the Iowa Uniform Commercial Code naming Tenant as Debtor and landlord as Secured Party and
describing the Collaleral hereln specified,Tenant consents to the financIng statement being filad Immediately after exeeulion of this
Lease.
4.INPUT CO&fS AND EXPENSES.Tenant shall prepare the Real Estate and plant such crops In a timely fashion as may be
directed by enant (landlord)(Tenant).Tenant shall only be enUtled to pasture art/II those portions of the Real
Estate designated by Landlord.All necessary machinery and equipment.as well as labor,necessary to carry out the terms of this lease
shall be furnished by and at the expense of the Tenant The following materials,in the amounls required by good husbandry,shall be
acquired by Tenant and paid for by the parties as follows:
%Landlord %Tenant
(1)Oommerclat Fertilizer ..•.•.........,.,,.•......•.......
(2)Umeand Trace Minerals ••.•."..•..•.•,••,....,.•.•,••..•••;.•l
(3}Herbicldes .,.,....••..••....•••.•..••,........•.•,•....;..'
(4)lnseGticides _,..................••:..1
(5)S ••d ,•...::•.'
(6)Seed cleaning,.••••,•••..•....._.....••.......,•........f ••;
(7)Harvesllnq and/or Shelling Expense .••••.••,.•..,••.•.•.,•.•••.•••.(
(8)Grain Drying Expense ..•,,•.•••••••.••.••••....,.,.
(9)Grain Storage Expense .•..•.,•.••.••••.,•••.••.••,•.•,.••.•:••:
(10)omer ....•......••...................,........•.........
Phosphate and potash on oats or beans shall be allocated %the first year and %the
second'year,and on all other crops allocated %1tJe first year and %the second year.Urns and
trace minerals shall be allocated over years.If this Lease Is not renewed,and Tenant does not therefore receive
the full allocated benefits,Tenant shall be reimbursed by Landlord to the extent Tenant has not received the banems.Tenant agrees to
furnlsh,without cost,all labor,equlpment and application for all fertilizer,lime,trace ml1eral~and chemicals _
6.PROPER HUSBANDRYj HARVESTING OF CROPS;CARE OF SOIL,TREES,SHRUBS AND GRASS.Tenant shall farm the
Real Estate In a manner consistent with good husbandry,seek to obtain the best crop production that the 5011 and crop season will permit,
properly cars for all growing crops In a manner consistent wlth good husbandry,and harvest all crops on a timely basis.In the event
Tenant falls to do so,Landlord reserves 1he right,personally or by designated agents,to enter upon the Real Estate and properly care for
and harvest all groWing crops,Charging the cost of the care and harvest to the Tenant,as part of the Rent.Tenant shall timely control all
weeps,including noxious weeds,weeds in 1he fence rows,along driveways and around b~!Idings throughout the premises.Tenant shall
comply with all terms of the conservaUon plan and any other required environmental plans for the leased premises.Tenant shall do what
is reasonably necessary to control soil erosIon including,but not limited 10,the maintenance of existIng watercourses,waterways,ditches,
drainage areas,terraces and tile drains,and abstain from any practice which will cause damage to the Real Estate.
Upon request from the Landlord,Tenant shall by August 15 of eachlease year provide to lhe Landlord a written listing showing
all crops planted,including the acres of each CHIp planted,fertilizers,herbicides and insecticides applted showing the place of
application,the name and address of the applicator,the type of appllcallon and the quantity of such Items applied on the lease
premises during such year,
Tenant shall distribute upon the poorest tillable soil on the Real Estate,unless directed otherwise by Landlord,all of the manure
and compost from the fanning operation suitable to be used,Tenant shall not re~ove;from the Real Estate,nor bum,any straw,
stalks,stubble,or similar plant materials,an of whIch are recognized as the property ot Landlord,Tenant may use these materials,
however,upon the Real Estate for the farming operailone.Tenant shall protect all trees,vines and shrubbery upon the Real Estate from
Inlul)'by Tenanfs cropping cperatlcn or livestock.
Tenant shall malntaln accurate yield records for the real estate,and upon request,durIng or after lease term,shall disclose to
Landlord,all yleld base Information required for participation in government programs,:
B.DEUVERY OF GRAIN.If this lease Is 8 crop share lease,Tenant,without cost 10 Landlord,shall deliver Landlord's graIn
pursuant to request,at reasonable times,to the elevator at :..'_'--_
or elsewhere at no further dlstant polnt.
7.LANDLORD'S STORAGE SPACE.If this lease is a crop share lease,Landlord teeervee %of all crib and
granary apace for storage of the rent share crops.
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8.ENVIRONMENTAL.
a.!&mI.l2n!.To the best of Landlord's knowledge to date:
I)Neither Landlord nor,Landlord's former or present tenants,are sUbject to any Investigation concerning the premises by any
governmental authority under any applicable federal,state,or local codes,rules,and regulations pertaining to air and water
quality,the handling,transportation,atoraqe,treatment.usage,or disposal of toxic or hazardous substances,air emleelcna,
other 91}vlronmental matters,and all zoning and other land use matters .
.il)Any handling,transportation,storage,treatment,or use of toxic or hazardous substances that has occurred on the
.~premises has been In compliance with all applicable federal,state.and local codes,'rules.anomgulaUons.
lli)No leak,spill release,discharge,emission,or disposal of toxic or hazardous substances has occurred on the premises.
Iv}The soli,groundwater,and soil vapor on or under the premises Is free of toxic or hazardous substances except for
chemicals (Including without:limitation fertilizer,herbicides,insecticides)applied In conformance with good ferming
methods,applicable rules and regulations and the label directions of each nhel,1llca,.
Landlord shall hold Tenant harmless against liability for removing solid waste disposal sites existing at the execution of this Lease,
with the exception that Tenant shall be liable for removal of solid waste disposal slles to the extent that the Tenant created or contributed
eolld waste disposal site at any time..
Landlord shall assume liability and shall Indemnify and hold Tenant harmless against any liability or expense arlslng from any
condition which existed,whether known or unknown,at the time of execution of tt}e lease whIch is not a result of actions of the
Tenant or which arises after date of executron but which Is not a result of actions of the Tenant.
Landlord shall disclose in writlng to Tenant the existence of any known wells,underground storage tanks,hazardous waste
sites,and solid waste disposal sites.Disclosure may be provided by a properly completed groundwater hazard statement to be
supplemented if changes occur..1 :
b.Tenant.Tenant shall comply with all applicable environmental laws concerning application,storage and handling of chemIcals
(including,without limitation,herblctdes and Insecticides)and fertilizers.Tenant shall apply any chemicals used for weed or insect control
at levels not to exceed the manufacturer's recommendation for the soli types Involved.Farm chemicals (may)(may not)be stored on the
premises for moreIffiiil one year,Farm c~oruselJllllther--propertles-(may)-(may-not)-be-stored-on-thls-------propeFtY;-GhemlG8ls------
stored on the premises shall be stored in clearly marked,tightly closed contelners.No chemicals or chemical containers will be disposed
of on the premises.Application of chemlcals for agricultural purposes per manufacturer's recommendation shall not be construed to
conatltute disposal,,
Tenant shall employ all means appropriate to insure that well or gro!:'nd water.contamlnaton does not occur,and shall be
responsible to follow all applicator's licensing requirements,Tenant shall install and malntaln safety check valves for injection of any
chemicals and/or fertilizers Into an irrigation system (injection valve only,not main well check valve).Tenant shall properly post all fields
(when posting is requIred)whenever chemIcals are applied by ground or air,Tenant shall hS·!J1and spread all manure on appropriate fields
at times and In quantilles oonslstent with envIronmental protection'requirements.Tenant shall not dIspose of waste all,tires,batteries,
paint,other chemlcals or containers anywhere on the premises.Solid wasteimart-(may.not)be disposed of on the premlsee.Dead
IIvestock-fmaY)(may not)be burled on the premises.If disposal of solld waste or burial of dead animals is permitted as stated In the
previous two sentences,the disposal or burial shall be in compliance with all appl1cable environmental laws.Tenant shall not use waste on
as &lil6&IIS to SciPPl6SS ~osl all &Iij loads Otl 01 Ileal die preltiisas.No tlnder§f6l:1F1e1~era~e ISRI,s,eeept human waste septic systems
that meet currant codes,rules,and regulations,shall be maintained on the premises.._Tenant shall immediately notify Landlord of any chemical discharge,leak,or spIll wHich occurs on premises.Tenant shall assume
Iiabllity and shall indemnify and hold Landlord harmless for any claim or violation of Standards whlch results from Tenant's use of the
premises.Tenant shall assume defense of all clalme,except claims resulting from Landlord's negligence,In which case each party shall
be responsible for that party's defense of any claim.After termlnatlon,Tenant shall remaln'llable for vlolatlcne which occurred during the
term of this Lease.
In the absence of selection of an altemative where choices are provided ih thrs paragraph 8b,the choice of word "may"
shall be presumed unless that presumption is contrary to applicable envlronmental lawe and regutatlcns.
9.TeRMINATION OF LEASE.ThIs Lease shall automatically renew upon explraflon from year-to-year,upon the same terms and
conditions unless either party gives due and timely written notice to the other of an election not to renew this Lease.If renewed,the
tenancy shall terminate on March 1 of the year following,provided that the tenancy shall not continue because of an absence of notice In
the event there is a default in the performance of this Lease.All notlces of termination otthis~Lease shan be as provided by law.
10.POSSESSION AND CONDInON AT END OF TERM.At the termination of fhle.Lease,Tenant will relinquish possession of
the Real Estate to the Landlord.If Tenant falls to do so Tenant agrees to pay Landlord .$per day,as
liquIdated damages until possession is delivered to Landlord.At the time of delivery of the,Real Estate to Landlord,Tenant shall assure
that the Real Estate Is In good order and condition,and SUbstantially the same as it was when received by Tenant at the
commencement of this Lease,excusable or insurable loss by fire,unevoldabte accidents and ordinary wear,excepted.
11.LANDLORO'S RIGHT OF ENTRY AND INSPECTION.In the avent notice of tetmlnallon of this Lease has been properly
served,Landlord may enter upon the Real Estate or authorize someone else to enter upon the Real Estate to conduct any normal illlage
or fertilizer operation after Tenant has completed the harvesting of crops even if thlF Is prior to the date of termination of the lease.
Landlord may enter upon the Real Estate at any reasonable time for the purpose of Viewing or seeding or making repairs,or for other
reasonable purposes..
12.VIOLAnON OF TERMS OF LEASE.Iflenant or Landlord violates the terms of this Lease,the other may pursue the legal
and equttable remedies to which each Is entitled.Tenant's failure to pay any Rent when due shall cause all unpaid Rent to become
immediately due and payable,without any notice to or demand upon Tenant.i
13.REPAIRS.Tenant shall maintain the fences on the leased premises in good;and proper repair.Landlord shall furnish
necessary materiels for repairs that Landlord deems necessary within a reasonable time after beIng notified of the need for repairs.
Tenant shall haul the ma~erials to the repair site wJthOut charge to Landlord.
]
·3-
14,NEW IMPROVEMENTS.All buildings,fences and improvements of every kind and nature that may be erected or
established upon the Real Estate during the term of the Lease by the Tenant shall oonefltute additional rent and shall Inure to the Real
Estate,becomIng the property of Landlord unless the Landlord has agreed In writing prior to the erection that the Tenant may remove
the improvement at the end of the Ie sse.
15.WELL,WINDMILL,WATER AND SEPTIC SYSTEMS.Tenant shall maIntain all well,wlndmlll,water and septic systems on
the Real Estate In good repair at Tenant's expense except damage caused by windstorm or weather.Tenant shall not be responsible
for replacement or Installation'of well,wlndmlll,water and septic systems on the Real Estate,beyond ordinary maintenance expenses.
Landlord does not guarantee continuous or adequate supplies of the water for the premises.r-.
16.EXPENSES INCURRED WITHOUT CONSENT OF LANDLORD.No expense shall be Incurred for or on account of the
Landlord without first obtaIning Landlord's wrItten authorization.Tenant shall take no actions that might cause B mechanic's lien to be
Imposed upon the Real Estate ..
17.NO AGENCY.Tenant 18 not an agent of the Landlord.
16.TELEVISION ~D RADIO.Tenant may install and remove,without causing material Injury to the premises,Tenant's
television reception antennas,microwave dishes,and radIo reception and transmission antennas.
19.ACCOUNTING.The method used for divldlJ19 and accounting for the harvested grain shall be the customary and usual
method used in the locale.
20.ATTORNEY FEES AND COURT COSTS.If either party files suit to entorce any of the terms of this Lease,the prevailing
party shall be entitled to recover court costs and reasonable attorneys'fees,
21.CHANGE IN LEASE TERMS.The conduct of eIther party,by act or omission,shall not be construed as a material
alteration of this Lease u!1U1such provision is reduced to writing and executed by both parties as addendum to this Lease.
22.CONSTRUCTION.Words and phrases herein,including the acknowledgement,are construed as In the singular or plural
and as the appropriate gender,according to the context.
23.NOTICES.The ncuces contemplated.in thle Lease shall be made In w~ltlng and shall ellher be delivered In person,or be
mailed In the U.S.mail,certltled mall to the recipient's last known mailing address,except for the notice of tenninatlon set forth In
Section 9,which shall be governed by the Code of Iowa.
24.ASSIGNMENT.Tenant shall not assign tl'!ls Lease or sublet the Real Estate or any portion thereof without prior wrltten
authorization of Landlord.
25.CERTIFICATION.Tenant certifies that It Is not acting,directly or IndIrectly,for or on behalf of any person,group,entity or
nation named by any Executive Order or the United'States Treasury Department as a terrorist,"Specially DesIgnated National and Blocked
Person"or any other banned or blocked person,entity,nation or transaction pursuant tc any law,order,rule or regulation that Is enforced or
admInistered by the Office of Foreign Assets Control;and It is not engaged In this transaction,directly or Indirectly on behalf of,or
instigating or facllllaUon thIs transaction,directly or indirectly on behalf of,any such person,woup,enttty or nation.Tenant hereby agrees
to defend,indemnify and hold harmless Landlord from and against any and all claims,demanee,losses,risks,liabilities and expenses
(inclUding attorney's fees and costs)arising from or related to any breach of the foregoing certlficatton.
26.ADDITIONAL PROVISIONS.
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DATED:,y -7 -c tT
1
STATE OF lOW A
COUNTY OF DALLAS
ThiSj-nolJllmentw'Il>acknoWledged before me on Ma(cll\II ,2VU~
by e1lr.,y L.J.\.OOlstra '
as CIty Admlllistrator
of -9!Y.of Waukee,Iowa
-~,-----'----~--If.-corporation:'J~,ga~~"f~-acf<i(oWi.Md-tllM:tli~lJf,jl;J,ti0ttLhasHo-seal}{liaS
{~'~Comml::Slon Number 716496.i$-~~r.r;y Commission Expires 1-..!.!!.*i~~!4;o'L""'::.!J<;;;~~:.J---~---L~ii:w':....__~t:'.~a~y,-1:'.:3::.,~2'::O~08=-_-lI---I!!Jl:!&.b!(Jd.~'-l.lI:..!1J~iLl.~__--:-'Notary Public
[ATTACH OTHER APPROPRIATE ACKNOWLEOOEMENT(S)HERE]
J
Commission Number 706831
My com'0!~7flrea
,JODI{,by_
STATE OF IQ\VlJ...·
COUNTY OF DALLAS
This lnstrument was acknowledged before me on r Y (fA r U\...-'1
Joe Co eland
,Notary Publlc