HomeMy WebLinkAboutLee Rotinghaus-5/3/2010CITY OF WATERLOO, IOWA
LEASE AGREEMENT
for
CITY -OWNED PROPERTY
This Agreement made and entered into this day of , 2010, by and between the City
of Waterloo, Iowa (hereinafter referred to as "City"), and /.22 R6 ilfrukc (hereinafter referred to as
"Lessee").
1.The City agrees to allow the Lessee to use and occupy City property generally located north of
Independence Avenue and south and east of Northeast Drive near the Northeast Industrial Park, 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 day of December 31,
2012. The Lessee agrees to pay the City $9715.00 (67 Acres @ $145.00 per acre) per year for use 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. % j
EXECUTED THIS � DAY OF �lkc�"! , 2010
(11;ac--
CITY OF WATERLOO
APPROVED BY:
ATTEST:
Ernest G. Clark, Mayor
S iizy Beres, City Clerk
CITY'S ACKNOWLEDGMENT
STATE OF IOW' ''k- COUNTY, SS:
On this day of it., , AD 2010, before me, the undersigned, a Notary Public
in and for said County, in said tate, p onally appeared
-trukt‘ir" (-1, - �WA- and s ,.. ' _ to me personally known, who, before by me
duly swom, 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.(-- y` M
)
ii as
Notary Pu lic in and fior said County''
Exhibit "A" - Legal Description
16.5 Acre Parcel - E 1/2 SE SW SEC 20 T 89 R 12 EXC THAT PART
CONVEYED TO THE CITY OF WATERLOO B 571 P 613
36.5 Acre Parcel - SW SE EXC E 66 FT SEC 20 T 89 R 12
14 Acre Parcel - S 1/2 NW SE EXC E 66 FT SEC 20 T 89 R 12 AND EXC FOR
THAT PART CONVEYED TO THE CITY OF WATERLOO B 571 P 613
enuaityaouepuadepui
enp a TseegpoN pue enuand aauepuadpui - eseoi wJed sneg6ui.oj
Mayor
BUCK
CLARK
COUNCIL
MEMBERS
DAVID
JONES
Ward 1
CAROLYN
COLE
Ward 2
I AROLD
GETTY
Ward 3
QUENTIN M.
HART
Ward 4
RON
WELPER
Ward 5
BOB
GREENWOOD
At -Large
STEVE
SCHMITT
At -Large
CITY OF WATERLOO, IOWA
COMMUNITY PLANNING AND DEVELOPMENT
715 Mulberry Street • Waterloo, IA 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 Andes
# of Attachments: 4
�I�dyinc � 511g0io
SUBJECT: Request to set a date of public hearing to approve a 3 -year farm lease
with Lee Rottinghaus to farm 67 acres along the east side of Northeast Drive, north of
Independence Avenue @ $145.00 per acre with a yearly rental amount of $9,715.00
Submitted by: Noel Anderson, Community Planning and Development Director
Recommended City Council Action: Approval
Summary Statement: Transmitted herewith is the request that the City of Waterloo
approve a lease agreement with Lee Rottinghaus to farm approximately 67 acres of land
(see attached legal description and map) along the east side of Northeast Drive between
Independence Avenue and Martin Luther King Jr. Drive. Mr. Rottinghaus agrees to pay
the City $145.00 per acre for the use of the said land, which equates to $9,715.00 per year,
with the term beginning upon City Council approval. Mr. Rottinghaus has requested to
rent the land for a 3 -year timeframe, which would mean he would farm the ground in
2010, 2011 and 2012 if approved. Staff recommends that if a lease with Mr. Rottinghaus
is approved for a 3 -year timeframe, that the ending date of the tenancy be December 3130,
2012.
The City of Waterloo recently received this 67 acre site from the Waterloo Industrial
Development Association (WIDA) in 2008, and has actively been marketing the ground
for its development. Prior to the City obtaining ownership of the land in question, Mr.
Rottinghaus used to lease the farm ground from WIDA for the same amount than what is
currently being proposed. The City believes the rental amount is a fair asking price for this
piece of ground. This particular piece of ground is of better quality than the 11 acre piece
of ground Mr. Rottinghaus has farmed in the past along the west side of Northeast Drive.
It should be noted that since the applicant is requesting a multi-year lease, the City Council
would need to set a date of public hearing and publish the pertinent notice relating to the
request. Therefore, staff would request that the City Council set a date of public hearing
and publish a pertinent notice for the request to enter into a multi-year lease agreement
CITY WEBSITE: www.cityofwaterlooiowa.com
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
with Lee Rottinghaus, with the term of the tenancy beginning upon City Council approval
in 2010, and the lease expiring on December 31, 2012.
Expenditure Required. None.
Source of Funds: N/A
Policy Issue:
Alternative:
Background Information: Lee Rottinghaus has farmed the ground in question in the
past, renting from both WIDA and the City of Waterloo at $145.00 per acre for a total
rental payment of $9,715.00 per year. Mr. Rottinghaus has noted that the ground in
question can become fairly wet during some points of the growing season, however, this
particular piece of ground drains better, and returns significantly higher yields than the
neighboring 11 acre parcel he farms to the west of this particular location. In the past, Mr.
Rottinghaus has paid the City his yearly rental amount in the month of December, and he
intends to keep doing the same for each year if a multi-year lease is approved.
Cc: Aric Schroeder, City Planner
File-
RESOLUTION NO. 2010-319
RESOLUTION APPROVING LEASE AGREEMENT WITH LEE
ROTTINGHAUS 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 May 3, 2010, at a cost of $145.00
per acre with a yearly rental amount of $9,715.00, to farm
approximately 67 acres of land generally located along the east
side of Northeast Drive between Martin Luther King Jr. Drive and
Independence Avenue, by and between Lee Rottinghaus 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 3rd day of May, 2010.
ATTEST:
Suzy Schar6s, CMC
City Clerk
rnest G. Clark, Mayor