Signed Contract_Farm 6960 (Humke Road) 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
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FARM 6960 (HUMKE ROAD) 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 Travis Capesius (the "Tenant"), whose
address for the purposes of this Lease is 37866 230th Avenue, La Motte, IA 52054.
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"):
Farm 6960. consistinLy of cropland located off Hutnke 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 108 (one hundred eight) 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 $35,640.00 (thirty-five thousand, six hundred forty dollars)
payable as follows: $17,820.00 (seventeen thousand, eight hundred twenty dollars) on or before
March 1st and $17,820.00 (seventeen thousand, eight hundred twenty 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
108 $330.00
$35,640.00
All Rent is to be paid to Landlord 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
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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
the
in cash or in
bind, 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 attorney4n-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
labor necessary to carry out the terms of this Lease shall be furnished by and at the expense
of the Tenant.
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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
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.
Tenant agrees harvesting operations shall not occur during periods when resultant
wheel ruts may cause drainage, erosion, or compaction problems. Tenant shall be responsible
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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
other environmental matters; and all zoning and other land use
matters.
R. 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
known or unknown, at the time of execution of the lease which is not a result of
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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 tvoes 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
negligence, in which case each party shall be responsible for that party's defense of any
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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.
8. 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 $200.00 (two hundred 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
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, making
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
upon the Real Estate pursuant to Iowa Code Chapter 359A, all fence costs attributable to
Landlord shall be paid by Landlord.
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12. IMPROVEMENTS. All buildings, fences, and improvements of every kind 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 extaenses. Landlord does not Quarantee continuous or adeauate sunblies 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. 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.
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 mail to the recipient's last known
mailing address. Notwithstanding the foregoing, any notice of termination pertaining to this
Lease shall be governed by the Code of Iowa.
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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,
loss
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 the
use of the Real Estate by any person or entity for whom Tenant is legally responsible.
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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 Schedule D for Farm Tenant, attached hereto as Exhibit B and made a part
hereof, at all times during the term(s) of this Lease.
F. 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 automaticall vest in Landlord.
G.- - Upon termination of this Lease pursuant to Section25(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 agreement for all or a portion of the Real Estate, Landlord
agrees to pay Tenant $600 per acre, or any part thereof, for (i) any crop that cannot be
harvested by Tenant or (it) 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. Existing Easements. Tenant acknowledges the presence of existing
easements on the Real Estate as shown on the attached maps. If Tenant elects to plant
crops within the designated easement areas and crop damage results from the easement
holder accessing the easement land, then City agrees to pay Tenant $350 per acre. Any
crop damage easement payments due to Tenant by City shall be credited to Tenant's
next regularly scheduled rent payment. If no rent payment is due to City by Tenant,
then City will issue payment to Tenant within 30 days of the damage date.
I. Surrender. Upon the expiration or termination of this Lease,. Tenant
must surrender and deliver up the Real Estate, with all improvements then41ocated
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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 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.
J. 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 comps with the conservation an will be _
deemed a material breach of this Lease and may result in the termination of this Lease.
K. Cover Crops & Minimal Tillage,. Tenant shall use sustainable farming
practices, including the use of appropriate cover crops and minimal tillage.
L. This Lease shall terminate at 11:59:59 p.m. on December 31, 2026,
without the need for further notice.
DATED: d- I F a'r
TENANT: / LANDLORD:
Travis Capesius, Tenant Michael C. Van Milligen, City Manager,
City of Dubuque, Landlord
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EXHIBIT A -- FARM 6960 (HUMKE ROAD) LEASE
The Real Estate consists of cropland located in the following parcel numbers in Dubuque
County, Iowa and includes portions of the real estate described below and as depicted in the
diagrams on the following three (3) pages:
• Parcel no. 0925251001 (Lot 1 of Lot 1 of Lot 1.of Lot 1of W 1/2 of NE'Ain
Section 25, Township 89 North, Range 1 East of the 5th P.M.);
• Parcel no. 0925401001 (NW 1/4 of SE 1/4 of Section 25, Township 89 North,
Range 1 East of the 51h P.M.);
• Parcel no. 0925451005 (Lot 1 of Graf Farm Subdivision #2); and
• Parcel no. 0925326004 (Lot 2 in W.A. Norman Place in Section 25).
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Tract Cropland Total: 108.0 Acres
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Page 13 of 16
Page 248 of 629
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Page 14 of 16
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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 Rxhlbit I prior to contract or lease commencement. Tenant shall
submit an updated cartlficate 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 or promises 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 Ilse current A.M. BesVe Rating Guide.
A. Failure to provide minimum coverage shall not be deemed 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 contract/lease.
5. All required endorsements shall be attached to certificate. The certificate Is due before the
conlracilagreement can be approved. Insurance.
B. Whenever a specific ISO form is listed, the current edition of the form must be used unless an
equivalent form Is approved by the Director of 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 the minimum coverageNlmils, or greater If required by law, or
other legal agreement, In Exhibit 1.
8, If the tenant's limits of liability are higher than ilia required minimum limits then the tenant's limits
shall be lease required limits.
9. Tenant shall be responsible for deductibles and self -insured retention for payment of all policy
premiums and other costs associated wills the Insurance policies required below.
110. All certificates of Insurance must Include agents name, phone number, and ernall address.
11. The City of Oubuqua reserves the right to require complete, certified 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 theta requirements, including limits, based on
changes in the risk or other special circumstances during the term of the agreement, subjectto
mutual agreement of the parties.
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Schedule D Farm Tennant January 2028
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City of Dubuque Insurance Requirements for Farm Tenant
INSURANCE SCHEDULE D (continued)
EXHIBIT I
A) DWELLING, OTHER BUILDINGS, Value: $ 0
1) Included the City of Dubuque as Lender Loss Payable,
2) Written on replacement cost basis.
B) FARM LIABILITY:
Ferro Liability Per Occurrence $1,000, 000
C) WORKERS COMPENSATION
Stalutory Benefits covering all employees injured an the job by accident or disease as
prescribed by Iowa Code Chapter 85.
Coverage A Statutory —State of Iowa
Coverage B . Employers Liability
_ Each Accident $100,000 _
Each Employee -Disease $100.000
Policy Limit-Olseasre $500,000
Policy shall include Waiver of Bight to Racover from Others endorsement,
Coverage B limits shall he greater If required by the umbrallalexcoss Insurer.
99
If, by Iowa Lode Section 85.1 A, the Tenant is not required to purchase Workers'
Compensation Insurance, the Tenant shall have a copy of the 5tate's Nonelectlnn of
Workers' Compensation or Employers' Liability Coverage form on file with the Iowa
Workers' Compensation Insurance Commissioner, as required by Iowa Code Section
87.22. Comploled form musi W attached.
D) POLLUTION LIABILITY
Coverage required; ice.. Yes — 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
employees and volunteers, all Its boards, commissions andtor authorities and
their board members, employees and volunteers. Use ISO form CG 2010
(Ongoing operatlons) or its equivalent,
2) Pollution Liability shall include chemical application, storage, transportation,
environmental damage clean up.
Page 2 of 2
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Schedule D Farm Tenant January 2023
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FARM 6960 (HUMKE ROAD) LEASE:_
NOTICE OF TERMINATION OF FARM TENANCY
TENANT: Travis Capesius
37866 230th Avenue
La Motte, IA 52054
LANDLORD: City of Dubuque
50 W 13th Street
Dubuque, IA 52001
TENANT AND LANDLORD HEREBY AGREE that the ,farm tenancy of Farm
L _ 6960, consisting of cropland located off Humke 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 approximately 108 (one hundred eight) tillable acres; 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 Li="�-& 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.
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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.
TENANT:
a z__
Travis Capesius
Dated this 1 0 day of; 2025.
LANDLORD:
k�4 �A-Zen,.,
Mtc ael C. Van Milligen, City Manager,
City of Dubuque, Iowa
18th February
Dated this � day of faaaa y, 2025.
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EXHIBIT A — FARM 6960 (.HUMKE ROAD) FARM LEASE
The Real Estate consists of cropland located in the following parcel numbers in Dubuque
County, Iowa and includes portions of the real estate described below and as depicted in the
diagrams on the following three (3) pages:
• Parcel no. 0925251001 (Lot 1 of Lot 1 of Lot 1 of Lot 1 of W '/2 of NE '/a in
Section 25, Township 89 North, Range 1 East of the 5,h P.M.);
• Parcel no. 0925401001 (NW '/4 of SE '/a of Section 25, Township 89 North,
Range 1 East of the 5rh P.M.);
• Parcel no. 0925451005 (Lot 1 of Graf Farm Subdivision #2); and
• Parcel no. 0925326004 (Lot 2 in W.A. Norman Place in Section 25).
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Tract Cropland Total: 108.0 Acres
Rage 4of0
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nar
AT&T EASEMENT DAG'IS
I IIFLII — WV IM
W-TL
MOISD 0 300 0 900 1,=Feg
mic:mmmE:::Nmm= s
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"figZWE Interstate Power Easement 1 AGIS,
..=ft
i � I inch = 800 feet
r..r . r �r r.. i ter.+. • f- So wet! 131e 2"e1
.w r • � .+.r � • 300190 0 300 600 900 1 "Yfett � ►,ors: ISi))
r• r:L rr.rrr.:e.r�• hr (SU) SSS-LYi
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