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Home My WebLink AboutRousselow Brothers Farms Inc-4/12/2010CITY OF WATERLOO, IOWA LEASE AGREEMENT for CITY -OWNED PROPERTY This Agreement made and entered into this get day of f)'7 Q hG1 , 2010, by and between the City of Waterloo, Iowa (hereinafter referred to as "City"), and Raj e/o sAQP ereinafter referred to as "Lessee"). 1.The City agrees to allow the Lessee to use and occupy City property generally located adjacent to Ridgeway Avenue and Martin Road, and legally described in Exhibit "A" attached here to and made a part here of by this reference. 2.The City agrees to allow the Lessee to use and occupy the aforementioned City property for a term commencing on the t day of *Ai / , 2010, and terminating on the 31st day of December, 2010. The Lessee agrees to pay the City $3,464.40 per year for use of 28.87 acres of said City property during said term. 3.The City may terminate this agreement upon thirty (30) days' written notice if the City needs the use of said City property for its own purposes. As the applicant is using the land for crop production, the City would need to reimburse the lessee for any crops in production at the time of termination. Lessee may terminate this Agreement upon thirty (30) days' written notice to the Waterloo Community, Planning, and Development Department. The full amount of the payment is due, and no annual amount would be refunded if termination were to occur within the lease period. 4.In consideration of the extension of this Agreement to the Lessee, Lessee hereby agrees to indemnify and hold the City harmless for any and all liability, claims, actions, causes or action, and/or damages which may arise or allegedly arise out of Lessee's use of the aforementioned City property, either to the City's property, or to any other person who may claim injury by and/or through, as a result of the alleged activity on City's property as aforesaid. Lessee further agrees to indemnify and hold the City harmless for any and all damages or injury, which may occur to Lessee's livestock as a result of the alleged activity on City's property as aforesaid. Lessee further aggress to indemnify and hold the City harmless for any and all damages or injury which may occur to Lessee's livestock as a result or consequence of the use of the City property. 5. This agreement contains the entire Agreement between the parties. None of the covenants, provisions, terms or conditions of this Agreement will be in any manner modified, waived, or abandoned, except by written instrument duly signed by both parties and delivered to the City and the Lessee. This occupancy agreement and the terms and conditions herein apply and are binding on the legal representative, and successors and assigns of both parties. EXECUTED THISJ DAY OF Art (, , 2010 APPROVED BY: CITY OF WATERLOO /7 � LESSEE -gel--' -- -- Buck Clark, Mayor - Caea../004,44u4,1 �� ad- PAAA ATTEST: ,Ca, kc__,.—� Su y Schares, City Clerk CITY'S ACKNOWLEDGMENTS 1 STATE OF IOWA, 6 -AWL- COUNTY, SS: On this I day ofL L, , AD 2010, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared -rki`'v125-I- Si. b - and Svt-z1 S�i,u'-e-S to me personally known, who, before by me duly sworn, did say that they are the MAYOR and CITY CLERK, respectively, of said City executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said City; that said instrument was signed and sealed on behalf of said City by authority of it's City Council; and that the said MAYOR and CITY CLERK, acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. Notary ublic in and for said C•un EXHIBIT "A" LEGAL DESCRIPTION: SE SE EXC E 330 FT SEC 32 T 89 R 13 EXC RD AND EXC THAT PART PLATTED AS BROCK ADDITION LOT 1 2004-033271 AN D PART NE SE SEC 32 T 89 R 13 BEG AT SW COR OF NE SE SAID SEC TH E 990 FT TH N 675 FT PARE LINE NE SE SAIDSECTHSWTOPTOFBEG AND PART SE 1/4 SEC 32 T 89 R 13 BEG AT A PT 420 FT S OF NE COR OF THE NESE SAID SEC TH S TO SE COR SAID SEC TH W 330 FT TH N 1995 FT TH NE TO PT OF BEG EXC COM AT PT ON E LINE SEC 32 WHICH IS 1180.5 FT N OF SE COR SAID SEC TH W 200 FT TH N 200 FT TH E 200 FT TH S 200 FT TO BEG & EXC STS AND EXC THAT PART TO CITY OF WATERLOO AS DESC IN LD B 569 P 603 & EXC THAT PART TO CITY OF WATERLOO AS DESC IN LD B 570 P 436 & EXC THAT PART PLATTED AS LOT 1 BROCK ADDITION 2004- 033271 EXCLUDING THE 2.13 -ACRE PARCEL AS SHOWN AND INDICATED WITHIN ATTACHED MAP. 4uowew6v oseei@A P pq aBumosaw Eiz Cash Rental Rates for Iowa 2009 Survey Ag Decision Maker File C2-10 he cash rental rates presented in this publication are the result of a survey of farmers, landowners, agricultural lenders, real estate brokers, and profes- sional farm managers. They supplied information based on their best judgments about typical cash rental rates for high, medium, and low quality cropland in their counties, as well as for land devoted to hay production, oats, and pasture. Information about individual parcels of land was not collected. The cooperation and assistance of the landowners, farmers, and agribusiness people who responded to this survey are greatly appreciated. The distribution of the 1,271 responses was 39% farmers, 27% landowners, 11% professional managers, 15% lenders, and 9% other profes- sions. Responses received in 2009 were again more variable than in previous years. This variability is likely due to the volatility of corn and soybean prices in the past few years and led to a wide range of opinions about typical rents in some counties. The rental rates summarized in this bulletin do not reflect the value of any buildings or storage structures, manure application contracts, or seed production contracts. Coun- ties were grouped into areas as shown on the map below. Circumstances such as the following may justify a higher or lower rent in specific cases: • Small size or unusual shape of fields • Presence of terraces or creeks that affect the time it takes to plant and harvest • Difficult or restricted access to fields • High or low fertility levels or Ph index • Existence of contracts for growing seed or specialty grains, or application of manure • Above average local grain prices due to proximity to biofuel plants or feed mills • USDA program variables, such as crop bases and as- signed yields • Longevity of the lease • Other services performed by the tenant Additional information about cash rental rates by county is available from the National Agricultural Statistics Service (NASS) of the USDA. Rental rates quoted in the NASS survey are for the previous crop year, and are aver- ages for all cropland and pasture. Lyon Osc.sto Dick • Area 1 O'Brimt Ck Enamel Palo Aho Phmrwih cbc„,,.ro Area 5 \Voodbur tda Monona Buena Vista Pocahontas Kossuth Wmnchano Worth Hancock Humboldt Area' 2 Wright Calhoun Webster Hmndto Mi heft Area 3 Certo Gado Floyd Franklin Butler Honard Chick Crawford Carols Area 6 Greene 1 Mona dm Grandy Stay Marcball Area 7 Harrison Sheibw Aadubon Guthrie 1 Dallas Pott Jasper Bran. Black Wano,hick Allamakcc Area 4 Facie Cheese It onpi Hue Dclmsarc DuMr9ue Minton Loan Jonas Cedar Poweshick bra Joknsar Muscats Tama Area 8 POM.11.11010 Cass Area 10 Adair Madison Warren Mai,. Area 11 Milk blowguns -irk Adams Gneon Clarke Fremont Page TaJla Rmggeld Damon Mdrmka Lucas blow. I:atd. W'ashingloo Area 12 Wbpe1W latTersoe Wayne Apponooso Dentis van Brea Ilcmy Des Moire Loc Jackson Area 9 Clinton Scot IOWA STATE UNIVERSITY University Extension FM 1851 Revised May 2009 Policy Issue: Alternative: Background Information: Rousselow Bros. Farms, Inc. has farmed the ground in question for 4 years. In years past, he has leased the ground for $110.00 per acre, however, this year, the City and Rousselow Bros. Farms, Inc. have come to an agreement to increase the rent by $10.00 per acre, for a total of payment of $120.00 per acre. In a 2009 survey done by Iowa State University Extension of land rental rates for different agricultural uses throughout the State of Iowa, the lowest rental rate submitted by a survey recipient in Black Hawk County was $100.00 per acre for corn/soybean uses on low quality farmland (see the attached ISU survey). Staff would consider the land that Rousselow Bros. Farms, Inc. is farming as low quality farmland, and believes the proposed rental amount is fair based on the lower quality of the farmland in question, due to its wet conditions and a large majority of the land being located within the Floodway and 100 -year floodplain of nearby Black Hawk Creek. Cci Aric Schroeder, City Planner -File- Cash Rental Rates for Iowa - 2009 Survey Page 9 2009 CASH RENTAL SURVEY FOR AREA 8 Area Black County Average Benton Hawk Buchanan Iowa ohnson Linn Poweshiek Tama Number of responses 99 9 7 13 10 8 18 17 17 2004 - 2008 Avg. Corn Yield 173 174 177 173 172 163 170 180 179 2004 - 2008 Avg. Soybean Yield 51 52 52 50 51 48 49 54 54 Avg. Row Crop CSR Index 82 81 80 80 78 86 83 84 86 Typical Cash Rent for Corn and Soybeans. $ per acre Overall average $192 $185 $221 $186 $203 $175 $198 $186 $186 High quality third Average response $227 $215 $262 $218 $236 $214 $234 $221 $218 Range of responses Medium quality third Average response Range of tebponses 1Low quality third 1 Average response $158 $153 $180 $153 $166 $145 $159 $152 $153 Range of responses 130 - 180 'r 00 - 250 i 110 - 200 130 - 220 70 -180 125 - 210 100 - 200 120 - 195 175 - 280 170 - 350 190 - 250 210 - 285 140 - 280 165 - 350 150 - 275 170 - 280 $192 $188 $222 $188 $206 $165 $200 $183 $188 150 - 250 160 - 275 160 - 220 175 - 265 97 - 200 160 - 240 120 - 220 150 - 250 Typical Corn Yield, bu. per acre High third 190 194 198 190 185 180 185 192 195 Middle third 169 176 178 170 167 152 164 174 173 Low third 137 140 145 137 143 119 130 147 137 Average Rents per 5 Year Average Yield or CSR Rentperbu.ofcornyld $1.11 $1.06 $1.25 $1.08 $1.17 $1.07 $1.16 $1.03 $1.04 Rent per bu. of soybean yld $3.77 $3.55 $4.24 $3.75 $3.98 $3.66 $4.05 $3.45 $3.46 Rent per CSR index point $2.35 $2.28 $2.77 $2.34 $2.60 $2.02 $239 $2.20 $2.18 Typical Cash Rent for Oats. Hay. and Pasture. $ per acre Alfalfa hay, established $131 $144 $101 Grass hay, established $107 $121 Oats $115 $133 Improved permanent pasture $62 $55 $56 $73 Unimproved permanent pasture $43 $37 $43 $47 Pasture, $/AUM NA Cornstalk grazing $8