HomeMy WebLinkAboutBar Lee Farms Ltd-4/19/2010FAX NO. : Apr. 11 2010 11:33AM P1
APR. 9.2010 5:11PM WATERLOO BLD INSP 319-291-4262 NO,9195 P. 2
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CITY OF WATERLOO, IOWA
LEASE AGREEMENT t C e- GACe
for
CITY -OWNED PROPERTY
This Agreement made and entered Into this day of , 2010, by end between the City
of Waterloo, Iowa (hereinafter referred to as'Clty°), and (hereinafter referred to aa
'Lessee").
1.The City agrees to allow the Lessee to use and occupy City property generally footed at the northwest
corner of West Shaulis Road and Ansborough Avenue, 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 day of , 2010, and terminating on the 311' day of December, 2010, The
Lessee agrees to pay the City 5251.25 (575.00 per acre) per year for use of the said 3.36 acre City owned
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 lard 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.
a. 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 lability, claims, actions, causes or action, and/or damages which may
arise or allegedly arise out of Lee's use of the aforementioned City property, either to the City'a 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 pasties. None of the covenants, provision,
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 partiee.
EXECUTED THIS DAY OF , 2010
CITY OF WATERLOO LESSEE
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APPROVED BY: BY: C✓ ..:%/
Ernest G. Clark, Mayor Lee Mil
to,,LEe- rarms I.'"
ATTEST:
Suzy Scbares, City Clerk
Exhibit "A", Legal Description
Lee Miller Farm Lease — West Shaulis Road and Ansborough Avenue
UNPLATTED WLOO WEST A PLOT 466 FT SQUARE INCLUSIVE OF HWYS IN SE COR SE
SEC 8 T 88 R 13, EXCLUDING THE SOUTH 97 FT
saJOV 9 - eseei WJeZ JeInw eel - pue1 pauMQ40
Mayor
BUCK
CLARK
COUNCIL
MEMBERS
DAVID
JONES
iVard 1
CAROLYN
COLE
Ward 2
HAROLD
GETTY
ii and 3
QUENTI3. M.
HART
l{'ard 4
RON
WELPER
Ward 5
BOB
GREENWOOD
At -Large
STEVE
SCHMITT
.At -Large
CETY
TERI. GI,
COMMUNITY PLANNING AND DEVELOPMENT
715 Mulberry Street • Waterloo, 1A 50703 • (319) 291-4366 Fax (319) 291-4262
NOEL C. ANDERSON, Community Planning & Development Director
CITY OF WATERLOO
Council Communication
City Council Meeting: April 19, 2010
Prepared: April 13. 2010
Dept. Head Signature: Noel An erson--
# of Attachments: 3
SUBJECT: 3.35 acre Farm Lease @ $75.00 per acre with a yearly rental amount
of $251.25 - Northwest corner of Ansborough Avenue and West Shaulis Road, Bar Lee
Farms Ltd. (Lee Miller).
Submitted by: Noel Anderson, Community Planning and Development Director
Recommended City Council Action: Approval
Siimmary Statement Transmitted herewith is the request that the City of Waterloo
approve a lease agreement with Bar Lee Farms, Ltd. to farm approximately 3.35 acres of
land (see attached legal description and map) on farm ground near the northwest corner of
Ansborough Avenue and West Shaulis Road, 1 -mile south of Highway 20. Bar Lee Farms,
Ltd. agrees to pay the City $75.00 per acre for the use of the said land, which equates to
$251.25 per year, with the term beginning upon City Council approval and ending on
December 31a`, 2010. The portion of ground in question has never been leased out and
farmed in the past, and currently it is a grass pasture. Lee Miller, the representative of Bar
Lee Farms, Ltd. has noted that they would have to apply herbicide to the field to kill off
the grass and till the ground in order to begin making the ground suitable for farming
purposes. Mr. Miller also noted that the site has no tiling system and currently suffers
from poor drainage. Due to this piece of ground never being farmed in the recent past, it
is very typical that newly farmed ground generally produces much lower return yields than
average. It is anticipated that once this ground is farmed enough and further matures,
return yields will be much more higher, thus giving the City the ability to negotiate
different rental prices in the future. This particular area has very suitable farm ground,
however, needed nutrients need to be added to the soil to make this piece of ground a
good producer, which can take several years. The City believes the rental amount is a fair
asking price based on the fact that this piece of ground has not been farmed in the recent
past, and it is anticipated that there is going to be low crop yields on this land initially.
Expenditure Required. None.
CITY WEBSITE: www.cityofwaterlooiowa.com
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
Source of Funds: N/A
Policy Issue:
Alternative:
Background Information: The City of Waterloo obtained this ground in question from
the Waterloo Water Works in 1991. Currently, there is no need for this ground to serve
any municipal purpose at this time, and it would appear that use of the land for farming
purposes would not inhibit the ground to be used for any City purposes in the future.
Co Aric Schroeder, City Planner
-File-
RESOLUTION NO. 2010-287
RESOLUTION APPROVING LEASE AGREEMENT WITH BAR
LEE FARMS LTD. AND DIRECTING EXECUTION OF
SAID AGREEMENT BY MAYOR.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA,
that the Lease Agreement dated April 19, 2010, at a cost of
$75.00 per acre for a total of $251.25, to farm approximately
3.35 acres of city -owned land generally located at the northwest
corner of Ansborough Avenue and West Shaulis Road, from April 19,
2010 to December 31, 2010, by and between Bar Lee Farms Ltd. of
Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is
hereby approved, and the Mayor and City Clerk authorized to
execute the same in behalf of the City of Waterloo, Iowa.
PASSED AND ADOPTED this 19th day of April, 2010.
Ernest G. Clark, Mayor
ATTEST:
Suzy S h es, CMC
City Clerk