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Signed Contract_North English Road Farm LeaseCity of Dubuque City Council CONSENT ITEMS # 13. Copyrighted March 3, 2025 ITEM TITLE: Signed Contract(s) SUMMARY: Farm 6941 (Chavenelle Road) Lease; Farm 6960 (Humke Road) Lease; FDR Farm Lease; North English Road Farm Lease; Termination Agreement with Hawks Goodmann & Associates, replaced by Independent Contractor Agreement with THG Consultants (Teri Hawks Goodmann). SUGGUESTED Receive and File DISPOSITION: ATTACHMENTS: 1. North English Road Farm Lease 2. FDR Farm Lease 3. Farm 6941 (Chavenelle Road) Lease 4. Original Agreement Termination Agreement Hawks Goodmann & Associates Teri Goodmann 5. Amended Agreement with THG Consultants Teri Goodmann 6. Farm 6960 (Humke Road) Lease Page 165 of 629 4 NORTH ENGLISH ROAD FARM LEASE — FIXED CASH RENT THIS LEASE (the "Lease") is made by and between the City of Dubuque, Iowa (the "Landlord" or the "City"), a municipal corporation, whose address for the purposes of this Lease is 50 W 13th Street, Dubuque, IA 52001 and John Veach (the "Tenant"), whose address for the purposes of this Lease is vipp2Z/6 '/ dYs� Sd�a3 THE PARTIES HEREBY AGREE AS FOLLOWS: 1. PREMISES AND TERM. Landlord leases to Tenant the following real estate situated in Dubuque County, Iowa (the "Real Estate"): Cropland located near the intersection of North Cascade Road and North English Road in the City of Dubuque, Dubuque County, Iowa, and as more particularly described in Exhibit A, attached hereto and expressly made a part hereof, containing 70 (seventy) tillable acres per county FSA records, more or less, with possession by Tenant for a term of two (2) years to commence on January 1, 2025, and end on December 31, 2026. Tenant has had or been offered an opportunity to make an independent investigation as to the acres and boundaries of the premises. In the event possession cannot be delivered within fifteen (15) days after commencement of this Lease, Tenant may terminate this Lease by giving the Landlord notice in writing. 2. RENT. Tenant shall pay to Landlord as rent for the Real Estate (the "Rent"): Total annual cash rent of $28,490.00 (twenty-eight thousand, four hundred ninety dollars) payable, as follows: $14,245.00 (fourteen thousand, two hundred forty-five dollars) on or before March 1st and $14,245.00 (fourteen thousand, two hundred forty-five dollars) on or before October 1st or upon sale of the crop(s) harvested from the Real Estate, whichever occurs first. This cash rent has been determined as follows: Description Acres Rent Per Acre Annual.Rent Cropland 70 $407.00 $28,490.00 Page 1 of 14 Page 166 of 629 All Rent is to be paid to Landlordd 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 observance of the terms and conditions of this program, and the division of farm program payments, requires Landlord's consent. 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 Real Estate 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 any such crops; all contract rights and U.S. government and/or state agricultural farm program payments in connection with the above described Real Estate, 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 agrees to execute and deliver to Landlord such other and further documents which may be reasonably required to validate, perfect, or enforce any one or more of the security interests referenced herein. Tenant shall notify Landlord of Tenant's intention to sell such crops. at least three (3) business days prior to sale of such crops (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. Upon payment in full, Landlord shall release Landlord's lien(s) on the crop(s) produced in that crop year on the Real Estate. The parties agree any lien release in any particular crop year shall in no way operate as a release or agreement to release any lien in any prior or subsequent crop year. 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 agrees any such financing statement may be 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. Tenant shall only be entitled to pasture -or till those portions of the Real Estate designated by Landlord. All machinery, inputs equipment, and Page 2 of 14 Page 167 of 629 labor necessary to carry out the terms of this Lease shall be furnished by and at the expense of the Tenant. 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 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 and weeds in the fence rows,- along driveways, and around buildings throughout the Real Estate. Tenant shall comply with all terms of any Natural Resource and Conservation Service (MRCS) conservation plan and any other required environmental plan for the Real Estate. 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. Tenant shall investigate and report all broken or inoperative tile lines to Landlord. Repairs and maintenance of tile will be paid for by Tenant. Upon request from the Landlord, Tenant shall, by no later than 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; the place(s) of each such application; the name and address of each applicator; the type of application; and the quantity of such items applied on the Real Estate 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 may take any part of the aboveground part of a plant associated with a crop, at the time of harvest or after the harvest, until the farm tenancy terminates. Tenant may use these materials upon the Real Estate for grazing livestock managed by Tenant but shall protect the real estate and all trees, vines, and shrubbery from injury by Tenant's cropping operations or livestock. Tenant shall maintain accurate yield records for the Real Estate, and upon request, whether during or after the term(s) of this Lease, shall disclose to Landlord, all yield -based information required for participation in government programs. Page 3 of 14 Page 168 of 629 Tenant agrees harvesting operations shall not occur during periods when resultant wheel ruts may cause drainage, erosion, or compaction problems. Tenant shall be responsible for payment of any damages caused by Tenant's use of the Real Estate, including damages to fences, signs, landscape plantings, and other features. 6. ENVIRONMENTAL. A. Landlord. To the best of Landlord's knowledge: i. Neither Landlord nor Landlord's former or present tenants are subject to any investigation concerning the Real Estate 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. I 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 shall 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 harmless against any liability or expense arising from any condition which existed, whether Page 4 of 14 Page 169 of 629 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 not be stored on the Real Estate for more than one year. Farm chemicals for use on other properties may not be stored on the Real Estate. Chemicals stored on the Real Estate shall be stored in clearly marked, tightly closed containers. No chemicals or chemical containers may be disposed of on the Real Estate. Application of chemicals for agricultural purposes pursuant to the manufacturer's recommendation shall not be construed to constitute disposal. Tenant shall employ all means appropriate to ensure that well or ground water contamination does not occur. Tenant shall ensure full compliance with all applicator licensing requirements. 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 shall not dispose of waste oil, tires, batteries, paint, other chemicals, or any containers anywhere on the Real Estate. Solid waste may not be disposed of on the Real Estate. Livestock may not be buried on the Real Estate. Tenant shall not use waste oil as a means to suppress dust on any roads on or near the Real Estate. No underground storage tanks, except human waste septic systems that meet current codes, rules, and regulations, shall be maintained on the Real Estate. Tenant shall immediately notify Landlord of any chemical discharge, leak, or spill which occurs on Real Estate. Tenant shall assume liability and shall indemnify and hold Landlord harmless for any claim or violation of any law, rule, regulation, or industry standard which results from Tenant's use of the Real Estate. Tenant shall assume the defense of all such claims, except claims resulting from Landlord's Page 5 of 14 Page 170 of 629 negligence, in which case each party shall be responsible for that party's defense of any claim. Tenant shall remain liable for violations which occurred during the term of this Lease, regardless of whether such violations are discovered or should have been discovered during the term(s) of this Lease. 7. TERMINATION OF LEASE. This Lease shall terminate at 11:59:59 p.m. on December 31, 2026. All notices of termination of this Lease shall be as provided by law. S. POSSESSION AND CONDITION AT END OF TERM. Tenant will relinquish possession of the Real Estate to the Landlord upon termination of this Lease. If Tenant fails to relinquish possession as provided herein, Tenant agrees to pay Landlord the sum of $150.00 (one hundred fifty dollars) per day, as liquidated damages until possession is delivered to Landlord. At the time of delivery of the Real Estate to Landlord, Tenant shall ensure 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, ordinary wear and tear excepted. 9. LANDLORD'S RIGHT OF ENTRY AND INSPECTION. 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 this Lease. Landlord may enter upon the Real Estate at any reasonable time for the purpose of viewing, seeding, malting repairs, or other reasonable purposes. Landlord retains the right to use or lease the Real Estate for hunting, fishing, or other recreational purposes, but such use shall not interfere with the regular operation of the farm and notice of entry shall be provided to Tenant at least three (3) calendar days prior to entry for such purposes. Tenant may not use the Real Estate for hunting, fishing, or recreational purposes. 10. VIOLATION OF TERMS OF LEASE. Each party may pursue any legal or equitable remedy 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. 11. REPAIRS. Tenant shall maintain the fences on the Real Estate 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. If a fence must be installed �_ Page 6 of 14 Page 171 of 629 upon the Real Estate pursuant to Iowa Code Chapter 359A, all fence costs attributable to Landlord shall be paid by Landlord. 12. IMPROVEMENTS. All buildings, fences, and improvements of every bind and nature which may be erected or established upon the Real Estate during the terms) of this Lease by Tenant shall constitute additional rent and shall inure to the Real Estate, becoming the property of Landlord unless Landlord has agreed, in writing and prior to the erection or establishment of any such improvement, that Tenant may remove the improvement at the end of the lease term. 13. WELL, WATER, AND SEPTIC SYSTEMS. Tenant shall maintain all well, 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 any well, water, or septic system on the Real Estate beyond ordinary maintenance expenses. Landlord does not guarantee continuous or adequate supplies of water for the Real Estate. 14. EXPENSES INCURRED WITHOUT CONSENT OF LANDLORD. No expense shall be incurred for or on account of Landlord without first obtaining Landlord's written authorization. Tenant shall take no action which may cause a mechanic's lien to be imposed upon the Real Estate. 15. NO AGENCY. Tenant is not an agent of Landlord. 16. ATTORNEY FEES AND COURT COSTS. I£ 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. 17. 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. 18. CONSTRUCTION. Words and phrases herein, including the acknowledgments, are to be construed as in the singular or plural and as the appropriate gender, according to the context. 19. NOTICES. The notices contemplated in this Lease shall be made in writing and shall either be delivered in person or mailed via certified snail to the recipient's last Page 7 of 14 Page 172 of 629 known mailing address. Notwithstanding the foregoifng, any notice of termination- pertaining to this Lease shall be governed by the Code of Iowa. 20. ASSIGNMENT. Tenant shall not assign this Lease or sublet the Real Estate or any portion thereof without prior written authorization of Landlord. 21. CERTIFICATION. Tenant certifies they are 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, 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. 22. CHOICE OF LAW. This Lease shall be construed and enforced pursuant to the laws of the State of Iowa, without giving effect to its conflicts of laws provisions. 23. INSURANCE/TAXES. Landlord will pay all real estate taxes and maintain insurance on Landlord's interest in the Real Estate. Tenant shall insure their interest in the Real Estate and maintain liability insurance as required herein. 24. MEDIATION. The parties agree to consider mediation of any dispute regarding this Lease before resorting to litigation. 25. ADDITIONAL PROVISIONS. A. Tenant shall utilize contour cultivation and other generally accepted husbandry techniques to minimize erosion. B. No mining or harvesting of trees shall be done without prior written consent of Landlord. C. Tenant assumes all liability and shall defend, indemnify, and hold harmless Landlord, including its elected or appointed officials, employees, volunteers, and agents, 'for all causes of action arising out of Tenant's use of the Real Estate or Wage 8 of 14 Page 173 of 629 the use of the Real Estate by any person or entity for whom Tenant is legally responsible. D. It is expressly understood the Real Estate is rented for the production and harvesting of corn and/or small grains. All stover must remain in place and shall be deemed the property of Landlord. E. Tenant shall maintain insurance, as set forth in Landlord's standard Insurance Schedttle D for Farm Tenant, attached hereto as Exhibit B and made a part hereof, at all times during the term(s) of this Lease. R Landlord may terminate this Lease upon thirty (30) days' written notice to Tenant, in the event Landlord elects to develop or otherwise utilize all or a portion of the Real Estate for nonagricultural purposes. Tenant agrees that after such thirty (30) day period, Tenant will surrender the tenancy and all Tenant's right, title, and interest in and to this Lease and the Real Estate will automatically vest in Landlord. G. Upon termination of this Lease pursuant to Section 25(F), or if damages occur to the Real Estate (including row or other crops, the ground subject to this Lease, or any improvements thereon) because of Landlord's due diligence in connection with negotiating a purchase .agr..eement for all or a portion of the Real Estate, Landlord agrees to pay Tenan/$600 pi r acre, or any part thereof, for (i) any crop that cannot be harvested by Tenant or (ii) damages caused by such due diligence by or on behalf of Landlord. For example, if the due diligence by or on, behalf of Landlord damages 1.5 acres of the leased premises, Landlord shall pay Tenant the sum of $1,200 (one thousand, two hundred dollars). In the event there is no crop on the leased premises at the time this Lease is terminated pursuant to Section 25(F), Landlord shall pay Tenant the sum of $200 per acre. Amounts paid to Tenant pursuant to this Section 25(G) shall be considered full satisfaction of any claim Tenant may have against Landlord the termination of this Lease, damage to the Real Estate, or both, as the case may be. H. Surrender. Upon the expiration or termination. of this Lease, Tenant must surrender and deliver up the Real Estate, with all improvements then located thereon, into the possession and use of Landlord, without fraud or delay and in good order, condition, and repair, reasonable wear and tear excepted. The Real Estate shall be delivered free and clear of all lettings, occupancies, liens, and encumbrances, except those existing at the commencement of this Lease and those created by Page 9 of 14 Page 174 of 629 Landlord, if any, without (except as otherwise provided herein) any payment or allowance whatever by Landlord on account of or for any building or improvement erected or maintained on the Real Estate at the time of the surrender, or for the contents thereof or appurtenances thereto. Except as otherwise provided herein, Tenant's trade fixtures, personal property, and other belongings will be and remain the property of Tenant. I. Non -Compliance of Conservation Plan. Tenant shall work with the Dubuque Soil and Water Conservation District to maintain the farmland as directed in the relevant conservation plan. Failure to comply with the conservation plan will be deemed a material breach of this Lease and may result in the termination of this Lease. J. Cover Crops & Minimal Tillage. Tenant shall use sustainable farming practices, including the use of appropriate cover crops and minimal tillage. K. This Lease shall terminate at 11:59:59 p.m. on December 31, 2026, without the need for further notice. DATED: TENANT: ohn Veach, Tenant LANDLORD: v Mic ael C. Van Milligen, City Manager, City of Dubuque, Landlord Page 10 of 14 Page 175 of 629 1 EXHIBIT A — NORTH ENGLISH FARM LEASE 1 D Aure The Real Estate consists of cropland located in the following parcel number in Dubuque County, Iowa and includes portions of the real estate described and depicted below: Those cropland portions of parcel no. 1504176007 (Lot 1 of OberbroecIding Subdivision No. 2) located near North Cascade Road and North English Road m Dubuque, Dubuque County, Iowa and indicated by t�e shaded areas shown below. Page 11 of 14 Page 176 of 629 ,26.8 ACRES ............... r Page 12 of 14 Page 177 of 629 EXHIBIT B City of Dubuque Insurance Requirements for Farm Tenant INSURANCE SCHEDULE D 1. shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required In Exhibit I prior to contract or lease commencement. Tenant shall submit an updated certificate annually. Each certificate shall be prepared on the most current ACORD form approved by the Department of Insurance or an equivalent approved by the Director of Finance and Budget. Each certificate shall Include a statement under Description of operations as to why issued. Eg; Lease of premises at 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all Insurers shall have a rating of A or better in the current AM. Best's Rating wide. 3. Each certificate shall be furnished to the Finance Department of the City of -Dubuque. A. Failure to provide minimum coverage shall not be doomed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this contracUlease. 5. Ali required endorsements shall be attached to certificate. The certificate is due before the conlracUagreement can be approved. Insurance. 6. Whenever a specific 180 farm Is [[-;led, the current edition of the form must be used unless an equivalent form Is approved by the Director or Finance and Budget and subject to the tenant Identifying and listing in writing all deviations and exclusions that differ from the ISO form. 7. The tenant shall be required to carry lho minimum coveragelllrnits, or greater If required by law or other legal agreement, in Exhibit 1. B. if the tenant's limits of liability are higher than the required minimum limits then (lie tenant's limits shall be lease required limits. 9. Tenant shall be responsible ror deductibles and self -insured retention for payment of all policy premiums and other costs associated with the Insurance policies required below. to. All certificates of insurance must Include agents name, phone number, and emall address. 11. The City of Dubuque reserves the right to require complete, eertifled copies of all required insurance policies, including endorsements, required by this Schedule at any time. "12. The City of Dubuque reserves the right to modify these requirements, Including limits, based on changes In the risk or other speclat circurnstances during the term ofthe agreement, subjectto mutual agreement of the parties. - Page 1 of 2 Schedule D Farm Tenant January 2023 Page 13 of 14 Page 178 of 629 City of Dubuque Insurance Requirements for Farm Tenant INSURANCE SCHEDULE D (continued) EXHIBIT I A) DWELLING, OTHER BUILDINGS: Value,. $ d 1) Included the City of Dubuque as Lender Loss Payable. 2) Written on replacement cast basis. B) FARM LIABILITY: Farm Liability Per Occurrence $1,000,000 C) WORKERS COMPENSATION Statutory Benefits covering all employees injured on the Job by accident or dlseasn as proscribed by Iowa Code Chapter 85. Coverage A Statutory -Stale of Iowa Coverage B Employers Liability Each AmIdont $100,000 L'ach Employee.' Disease $100.000 Polley Limit -Disease $600,000 Policy shall Include Waiver of Fight to Recover from Others endorsement. Coverage B limits shall be greater If required by the umbrellalexcess Insurer. OR If, by Iowa Code Section 85.1A, the Tenant is not required to purchase Workers' Compensation Insurance, the Tenant shall have a copy of tho State's Nonelecllon of Workers' Compensation or Employers' Liability Coverage form an file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. D) POLLUTION LIABILITY Coverage requlm& _& Yes _No No Pollution liability Coverage $1,000,000 1) Include additional insured endorsement for: The City of Dubuque, Including all Its elected and appointed officials, all Its emplayeee and volunteers, all Its boards, commissions and/or authorities and their board members, employees and volunteers, Use ISO form CG 2010 (Ongoing operations) or lts equivalent. 2) Pollution Liability shall include chemical applicatlon, storage, transportation, environmental damage clean up. Page 2 of 2 (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Schedule D Farm ,renant January 2023 Page 14 of 14 Page 179 of 629 NORTH ENGLISH ROAD FARM LEASE: NOTICE OF TERMINATION OF FARM TENANCY TENANT: John Veach LANDLORD: City of Dubuque 50 W 13th Street Dubuque, IA 52001 TENANT AND LANDLORD HEREBY AGREE that the farm tenancy of the North English Road Farm, consisting of cropland located near the intersection of North Cascade Road and North English Road in the City of Dubuque, Dubuque County, Iowa, and as more particularly described in Exhibit A, attached hereto and expressly made a part hereof, containing 70 (seventy) tillable acres per county FSA records, more or less, will TERMINATE AND EXPIRE at 11:59:59 p.m. on December 31, 2026, and such tenancy will not continue after said time. TENANT AND LANDLORD ACKNOWLEDGE they are parties to a certain Farm Lease —Fixed Cash Rent dated January �, 2025 (the "Lease"), the term of which is from January 1, 2025, through 11:59:59 p.m. on December 31, 2026. The Lease is a separate document and was executed prior to the execution of this Notice of Termination of Farm Tenancy. TENANT AND LANDLORD EXPRESSLY INTEND that this Notice of Termination of Farm Tenancy shall constitute the full and proper notice of termination required by Iowa Code Chapter 562. TENANT AND LANDLORD HEREBY WAIVE any right they may have to any additional notice of termination which may be required by Iowa Code Chapter 562. TENANT AND LANDLORD AGREE that any failure by either party to give the other party any additional notice of cancellation or termination of the farm tenancy referenced herein shall not be construed to extend such tenancy beyond 11:59:59 p.m. on December 31, 2026. Page 1 of 4 Page 180 of 629 TENANT AND LANDLORD HEREBY ACKNOWLEDGE the delivery and receipt of this Notice of Termination of Farm Tenancy as of the date of the party's signature, below. Dated this 20 day of January, 2025. LANDLORD: 00 'k! v Michael C. Van Milligen, City Manager, City of Dubuque, Iowa Dated this31 St day of January, 2025. Page 2 of 4 Page 181 of 629 f . EXHIBIT A — NORTH ENGLISH FARM LEASE iThe Real Estate consists of cropland located in the following parcel number in Dubuque County, Iowa and includes portions, of the real estate described and depicted below: i i Those cropland portions of parcel no. 1504176007 (Lot 1 of Oberbroeckling Subdivision No..2) located near North Cascade Road and North English ! Road in Dubuque, Dubuque County, Iowa and indicated by the shaded areas shown below. Page 3 of 4 Page 182 of 629 'N :1 4 WO!, Page 4 of 4 Page 183 of 629