HomeMy WebLinkAbout2015-03-16-Resolutions 15-079_Farm Lease - CopelandTHE CITY OF WAUKEE,IOWA
RESOLUTION 15-079
A RESOLUTION APPROVING FARM LEASE WITH J.HARRY COPELAND
IN THE NAME AND BY THEA UTHORITY OF THE CITY OF WA UKEE,IOWA
WHEREAS,City Staff received offers to lease city owned property for farming purposes;AND,
WHEREAS,the subject 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,pursuant to the terms of the purchase agreement for said property the Copeland
Trusts reserved a right of first refusal to fawn lcasc the property pursuant to the same terms as
any offer received by the city for said lease,and the trusts exercised the same;AND,
WHEREAS,the City Council believes that it is in the best interest of the City to lease the
property for fair market value which will,in addition to providing rental income to the City,
assure the property's use and mitigate maintenance expense to the City;AND,
WHEREAS,the terms of the lease with J.Harry Copeland are more particularly set forth 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 of the City of Waukee,Iowa,and approved this the 16'"day of
March,2015.
i liam .Peard,Mayor
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
AYE
X
X
NAY ABSENT ABSTAIN
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OCT A4~
FARM LEASE
THE IOWA STATE BAR ASSOCIATION
Official Form N35
Recorder'8 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,IA 50263
Return Document To:(Name and complete address)
City of Waukee,230 W.Hickman Road,Waukee,IA 50263
Grantors:
City of Waukee,Iowa
Grantees:
J.Harry Copeland
Legal description:See Page 2
Document or instrument number of previously recorded documents:
I The Iowa Stare Bar Aeaociarren 2008
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3.LANDLORD'S LIEN AND SECURITY INTEREST.As security for all sums due or which will become due
from Tenant to Landlord,Tenant hereby grants to Landlord,in addition to any statutory liens,a security interest
as provided in the Iowa Uniform Commercial Code and a contractual lien in all crops produced on the premises
and the proceeds and products thereof,all contract rights concerning such crops,proceeds and/or products,all
proceeds of insurance collected on account of destruction of such crops,all contract rights and U.S.government
and/or state agricultural farm program payments in connection with the above described premises whether such
contract rights 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.
Tenant shall not sell such crops unless Landlord agrees otherwise.Tenant shall notify Landlord of
Tenant's intention to sell crop at least three (3)business days pdor to sale of the crop (with business days being
described as Monday through Friday,except any Iowa or federal holidays).Tenant shall pay the full rent for the
crop year in which the crop is produced,whether due or not,at the time of sale pursuant to Landlord's consent to
release Landlord's security interests.Upon payment in full Landlord shall reiease Landlord's lien on the crop
produced in that crop year on the premises.The parties agree that by the Landlord releasing the lien as to the
crop in one year,the Landlord in no way releases the lien or agrees to release the lien in any prior or
subsequent year.
Tenant shall sign and deliver to Landlord a list of potential buyers of the crops upon which Landlord has
been granted a security interest in this lease.Unless Landlord otherwise consents,Tenant will not sell these
crops to a buyer who is not on the potential list of buyers unless Tenant pays the full rent due for the crop year to
the Landlord at or prior to the date of sale.Landlord may give notice to the potential buyers of the existence of
this security interest.
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 collateral herein specified.Tenant consents to the
financing statement being filed immediately after execution of this Lease.
4.INPUT COSTS AND EXPENSES.Tenant shall prepare the Real Estate and plant such crops in a timely
fashion as may be directed by ~e&ant (Landlord)(Tenant).Tenant shall only be
entitled to pasture or till those portions of the Real Estate designated by I andlord.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 amounts required by good husbandry,shall be acquired
by Tenant and paid for by the parties as follows:
(1)Commercial Fertilizer
(2)Lime and Trace Minerals
(3)Herbicides
(4)insecticides
(5)Seed
(6)Seed cleaning
(7)Harvesting and/or Shelling Expense
(8)Grain Drying Expense
(9)Grain Storage Expense
(10)Other
%Landlord
0
%Tenant
100
100
100
100
100
100
100
100
100
100
Phosphate and potash on oats or beans shall be allocated %the first year and
the second year,and on all other crops allocated %the first year and %the second year.
Lime 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 benefits.Tenant agrees to furnish,without cost,all labor,equipment and application
for all fertilizer,lime,trace minerals and chemicals
5.PROPER HUSBANDRY;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 soil and crop season will permit,properly care for all growing crops in a manner consistent
(2)
with good husbandry,and harvest all crops on a timely basis.In the event Tenant fails to do so,Landlord
reserves the 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 weeds,including noxious weeds,weeds in the fence rows,along driveways and around
buildings throughout the premises.Tenant shall comply with all terms of the conservation 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 to,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 each lease year provide to the Landlord a
written listing showing all crops planted,including the acres of each crop planted,fertilizers,herbicides and
insecticides applied showing the place of application,the name and address of the applicator,the type of
application 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 farming operation suitable to be used.Tenant shall not
remove from the Real Estate,nor burn,any straw,stalks,stubble,or similar plant materials,all of which are
recognized as the property of Landlord.Tenant may use these materials,however,upon the Real Estate for the
farming operations.Tenant shall protect all trees,vines and shrubbery upon the Real Estate from injury by
Tenant's cropping operation or livestock.
Tenant shall maintain accurate yield records for the real estate,and upon request,during or after lease
term,shall disclose to Landlord,all yield base information required for participation in government program
6.DELIVERY OF GRAIN.If this lease is a crop share lease,Tenant,without cost to Landlord,shall deliver
Landlord's grain pursuant to request,at reasonable times,to the elevator at
or elsewhere at no further distant point.
7.LANDLORD'S STORAGE SPACE.If this lease is a crop share lease,Landlord reserves %of all
crib and granary space for storage of the rent share crops.
8.ENVIRONMENTAL.
a.Landlord.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,storage,
treatment,usage,or disposal of toxic or hazardous substances,air emissions,other environmental
matters,and all zoning and other land use matters.
ii)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,and regulations.
iii)No leak,spill release,discharge,emission,or disposal of toxic or hazardous substances has
occurred on the premises.
iv)The soil,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 farming methods,applicable rules and regulations and the label directions of
each chemical.
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 shali be liable for removal of solid waste disposal
sites to the extent that the Tenant created or contributed to the solid waste disposal site at any time.
Landlord shall assume liability and shall indemnify and hold Tenant harmiess against any liability or
expense arising from any condition which existed,whether known or unknown,at the time of execution of the
lease which is not a result of actions of the Tenant or which arises after date of execution but which is not a
result of actions of the Tenant.
Landlord shall disclose in writing 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.
b.Tenant.Tenant shall comply with all applicable environmental laws concerning application,storage
and handling of chemicals (including,without limitation,herbicides 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 soil types involved.Farm chemicals (may)(may not)be stored
(3)
on the premises for more than one year.Farm chemicals for use on other properties (may)(may not)be
stored on this property.Chemicals stored on the premises shall be stored in clearly marked,tightly
closed containers.No chemicals or chemical containers will be disposed of on the premises.Application
of chemicals for agricultural purposes per manufacturer's recommendation shall not be construed to
constitute disposal.
Tenant shall employ all means appropriate to insure that well or ground water contamination
does not occur,and shall be responsible to follow all applicator's licensing requirements.Tenant shall
install and maintain safety check valves for injection of any chemicals and/or fertilizers into an irrigation
system (injection valve only,not main weil check valve).Tenant shall properly post all fields (when
posting is required)whenever chemicals are applied by ground or air.Tenant shall haul and spread all
manure on appropriate fields at times and in quantities consistent with environmental protection
requirements.Tenant shali not dispose of waste oil,tires,batteries,paint,other chemicals or containers
anywhere on the premises.Solid waste ~(may not)be disposed of on the premises.Dead iivestock
(rRayj (may not)be buried on the premises.If disposal of solid 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
applicable environmental laws.Tenant shall not use waste oil as a means to suppress dust on any roads
on or near the premises,No underground storage tanks,except human waste septic systems that meet
current 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 liability and shall indemnify and hold Landlord harmless for any claim
or violation of standards which results from Tenant's use of the premises.Tenant shall assume defense
of all claims,except claims resuiting from Landlord's negligence,in which case each party shall be
responsible for that party's defense of any claim.After termination,Tenant shall remain liable for
violations which occurred during the term of this Lease.
In the absence of selection of an alternative where choices are provided In this paragraph 8b,the
choice of the word "may"shall be presumed unless that presumption is contrary to applicable
environmental laws and regulations.
9.TERMINATION OF LEASE.This Lease shall automatically renew upon expiration 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 notices of termination of this Lease shall be as provided by law.
10.POSSESSION AND CONDITION AT END OF TERM.At the termination of this Lease,Tenant will
relinquish possession of the Real Estate to the Landlord.If Tenant fails to do so Tenant agrees to pay Landlord
g 250.00 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,unavoidable accidents and ordinary wear,excepted.
11.LANDLORD'S RIGHT OF ENTRY AND INSPECTION.In the event notice of termination 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 tillage or fertilizer operation after Tenant has completed the harvesting of
crops even if this 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.VIOLATION OF TERMS OF LEASE.If Tenant or Landlord violates the terms of this Lease,the other may
pursue the legal and equitable 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.
13.REPAIRS.Tenant shall maintain the fences on the leased premises in good and proper repair.Landlord
shall furnish necessary materials for repairs that Landlord deems necessary within a reasonable time after being
notified of the need for repairs.Tenant shall haul the materials to the repair site without charge to Landlord.
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 constitute
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 lease.
(4)
45.WELL,WINDMILL,WATER AND SEPTIC SYSTEMS.Tenant shall maintain all well,windmill,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,windmill,water and septic
systems on the Real Estate,beyond ordinary maintenance expenses.Landlord does not guarantee continuous
or adequate supplies of water for the premises.
36.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 a mechanic's lien to be imposed upon the Real Estate.
1 I.NO AGENCY.Tenant is not an agent of the Landlord.
18.TELEVISION AND 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 dividing 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 enforce 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 until such provision is reduced to writing and executed by both parties as
addendum to this Lease.
22.CONSTRUCTION.Words and phrases herein,including the acknowledgment,are construed as in the
singular or plural and as the appropriate gender,according to the context.
23.NOTICES.The notices contemplated in this Lease shall be made in writing and shall either be delivered
in person,or be mailed in the U.S,mail,certified mail to the recipient's last known mailing address,except for
the notice of termination set forth in Section 9,which shall be governed by the Code of Iowa.
24.ASSIGNMENT.Tenant shall not assign this Lease or sublet the Real Estate or any portion thereof
without prior written 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 to 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 facilitating this transaction,directly or indirectly on behalf of,any such person,group,entity or nation.
Tenant hereby agrees to defend,indemnify and hold harmless Landlord from and against any and all claims,
damages,losses,risks,liabilities and expenses (including attorney's fees and costs)arising from or related to
any breach of the foregoing certification.
26.ADDITIONAL PROVISIONS.
I)Subject to approval of the City Council of the City of Waukee,Iowa.
DATED:
TENANT LAND ORD
J.Hart'C yelan C of aukee,Io a
STATE OF I0%A,COUNTY OF D L
This record was acknowledged before me this j 5~day of
J Harr Co eland
p r REBECCA 9 SCHUETT
W Commission Number 716496
My Commission Expires
OW shay 13,2017 Signature of Notary public
STATE OF XCVJ&,COUNTY OF j34lt&r
This record was acknowledged before me this l day of 4C
by%illism F.Pesrd
asMa or
of Ci of yankee Iowa
REBECCAD.BCHUETT
7 Commission Number 716496
My Commission Expires
OW May 13,2017
Signature of Notary Public
(ATTACH OTHER APPROPRIATE ACKNOWLEDGMENT(8)HERE)