South Siegert Farm Lease Extension 2010Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: South Siegert Farm Lease Extension
DATE: February 9, 2010
Dubuque
bald
" 1 / d1
2007
Economic Development Director Dave Heiar is recommending amendment of the farm
lease with William and Janet Siegert for the North Siegert Farm. The amendment would
provide for a one year lease extension with the increased rate of $170 /acre for tillable
land. The lease would allow the City the ability to terminate the lease at any time if the
property is needed for development purposes.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David Heiar, Economic Development Director
Michael C. Van Milligen
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: David Heiar, Economic Development Director
DATE: February 4, 2010
SUBJECT: South Siegert Farm Lease Extension
Dubuque
Al-Amain City
1 1 1 1
2007
INTRODUCTION
This memorandum presents for City Council consideration a resolution approving an
extension of a farm lease with William and Janet Siegert.
BACKGROUND
In 1997, the City purchased two farms from the Siegert's as part of the acquisition of
future industrial park property. The City entered into a 10 -year lease of the property
back to the Siegert's with a stipulation that if the property were needed for development,
the City reserved the right to end the lease with certain "damage" payments related to
crop input costs that might result from an early termination of the lease. The original
lease expired March 1, 2007. A lease amendment extended the lease for the south
Siegert farm under the same terms. That lease expires March 1, 2010.
DISCUSSION
The Siegert's have asked to continue the lease under the same terms as the prior
lease. Staff has reviewed the original lease terms and has determined that the City
should increase the lease rate for tillable ground from $116 /acre to $170 /acre and
continue $50 /acre for pasture, (the rental rates) which reflects current market rates. The
south Siegert farm contains 104.54 tillable acres and 35 acres of pasture. The
amendment would provide a one (1) year lease agreement. The term of the lease for
the south Siegert farm shall be until March 1, 2011.
RECOMMENDATION
I would recommend entering into a one (1) year lease amendment on the south farm
(Cousins Road) with William and Janet Siegert with the increased rate of $170 /acre of
tillable land. City staff has prepared the lease with terms that allow the City the ability to
terminate the lease at any time if the property is needed for development purposes.
ACTION STEP
The action step for the City Council is to approve the attached resolution.
F: \USERS\Econ Dev \Seigert Farm \South Siegert Farm\20100204 Council Memo Siegert Lease Amend S Farm.doc
RESOLUTION NO. 47 -10
RESOLUTION APPROVING AN AMENDMENT TO THE FARM LEASE
BETWEEN THE CITY OF DUBUQUE, IOWA AND WILLIAM AND
JANET SIEGERT
Whereas, the City of Dubuque, Iowa (City) entered into a Farm Lease with
William and Janet Siegert (Siegerts) for certain property as described in the Lease; and
Whereas, City and Siegerts desire to amend the Lease as set forth in the
attached Amendment to Farm Lease; and
Whereas, it is the determination of this Council that approval of the Amendment
to Farm Lease, is in the public interest of the citizens of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the attached Amendment to Farm Lease is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the
Amendment to Farm Lease on behalf of the City and City Clerk is authorized and
directed to attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are
necessary to comply with the terms of the Farm Lease, as amended.
Passed, approved and adopted this 15 day of February, , 11
eanne F. Schneider, City Clerk
F: \USERS \Econ Dev \Seigert Farm \South Siegert Farm\20100203 Seigert S Farm Lease Amend Resol.doc
Roy D. uol, Mayor
AMENDMENT
TO FARM LEASE -CASH OR CROP SHARES
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
WILLIAM AND JANET SIEGERT
This Amendment to Farm Lease -Cash or Crop Sale, dated for reference
purposes the 15th day of February, 2010, is by and between the City of
Dubuque, Iowa (Landlord) and William and Janet Siegert (Tenant).
The Farm Lease between Landlord and Tenant dated April 15, 1997, is
hereby amended as follows:
1. Par. 1 is amended to read as follows:
1. Premises and Term. Landlord leases to Tenant the
following real estate situated in Dubuque County, Iowa (the "Real
Estate "):
The South Siegert Farm along Cousins Road
consisting of 104.54 acres tillable and 35 acres
pasture. The term of the lease for the South Siegert
Farm shall be until March 1, 2011.
2. Par. 2(a) is amended to read as follows:
2. Rent. Tenant shall pay to Landlord as rent for the Real
Estate (the "Rent'):
a. The South Siegert Farm: Annual rent of $170 per
acre for tillable acres and $50 per acre for pasture,
paid as follows:
$ 9,760.90 July 1, 2010
$ 9,760.90 December 31, 2010
3. Attachment A, Par. (d) is amended to read as follows:
(d) Tenant shall during the term of this Lease provide
insurance as required by the attached Insurance Schedule.
4. Attachment A is amended by adding the Insurance Schedule attached
hereto.
TENANT:
William Siegert
'....„,
.1,
� 4 Jf
Janet Siegert
STATE OF IOWA, DUBUQUE COUNTY ss:
2
/owl
ALISHA FREISINGER
Commission Number 758362
My Commission Expires
2
LANDLORD:
CITY OF UQ E, IOWA
By: /
Roy ri Buol, Mayor
Attest
e anne F. Schneider,
City Clerk
OF IOWA, COUNTY OF DUBUQUE ss:
On th' day of -( , 20 It , before me, the undersigned, a
Notary Public in id for the State of Iowa, personally appeared Roy D. Buol and
Jeanne F. Schneider, a me personally known, who, being by me duly sworn, did
say that they are the Ma . and City Clerk, respectively, of the City of Dubuque,
Iowa; a municipal corporation; at the seal affixed to the foregoing instrument is
the corporate seal of the corpora • n, and that the instrument was signed and
sealed on behalf of the corporation, by - .thority of its City Council, as contained in
Resolution No. passed by the . ity Council on the ; and
Roy D. Buol and Jeanne F. Schneider ac • •wledged the execution of the
instrument to be their voluntary act and deed and th- oluntary act and deed of the
corporation, by it voluntarily executed.
otary Pub . Stateff Iowa
On this day of v%, , 20 LC before me, a Notary Public in and
for said county and state, personally appeared William and Janet Siegert, to me
personally known, who stated the execution hereof to be their voluntary act and
deed.
��..� t I L' �.
Notary Public, State of I
STATE OF IOWA, COUNTY OF DUBUQUE ss:
On this 15th day of February , 2010 , before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Roy D. Buol and
Jeanne F. Schneider, to me personally known, who, being by me duly sworn, did
say that they are the Mayor and City Clerk, respectively, of the City of Dubuque,
Iowa; a municipal corporation; that the seal affixed to the foregoing instrument is
the corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation, by authority of its City Council, as contained in
Resolution No. 47 - 10 passed by the City Council on the 2/15/10 ; and
Roy D. Buol and Jeanne F. Schneider acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
3
tki
At-
,o
Notary Public, State of Iowa
•
KEVIN S. FIRNSTAHL
COMMISSION NO.745295
MY COMMISSION EXPIRES
cV/k? ice
INSURANCE SCHEDULE A
INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY
PROPERTY OR VENDORS (SUPPLIERS, SERVICE PROVIDERS) TO THE
CITY OF DUBUQUE
1. All policies of insurance required hereunder shall be with an insurer authorized to do
business in Iowa. All insurers shall have a rating of A or better in the current A.M.
Best Rating Guide.
2. All Certificates of Insurance required hereunder shall provide a thirty (30) day notice
of cancellation to the City of Dubuque, except for a ten (10) day notice for non-
payment, if cancellation is prior to the expiration date.
shall furnish a signed Certificate of Insurance to the City of
Dubuque, Iowa for the coverage required in Paragraph 6 below. Such certificates
shall include copies of the following policy endorsements:
a) Commercial General Liability policy is primary and non-contributing.
b) Commercial General Liability additional insured endorsement.
c) Governmental Immunity Endorsements.
4. Each certificate shall be submitted to the contracting department of the City of
Dubuque.
5. 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 agreement.
6. shall be required to carry the following minimum
coverage /limits or greater if required by law or other legal agreement:
a) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products - Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence Limit $1,000,000
Fire Damage Limit (any one occurrence) $ 50,000
Medical Payments $ 5,000
This coverage shall be written on an occurrence, not a claims made form. Form CG
25 04 03 97 "Designated Location (s) General Aggregate Limit" shall be included.
All deviations or exclusions from the standard ISO commercial general liability form
CG 0001, or Business Owners form BP 0002, shall be clearly identified.
1 of 2 January 2008
INSURANCE SCHEDULE A (Continued)
INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY
PROPERTY OR VENDORS (SUPPLIERS, SERVICE PROVIDERS) TO THE
CITY OF DUBUQUE
Governmental Immunity Endorsement identical or equivalent to form attached.
Additional Insured Requirement:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and /or authorities and
their board members, employees and volunteers shall be named as an additional
insured on General Liability Policies using ISO endorsement CG 20 26 0704
"Additional Insured — Designated Person or Organization," or it's equivalent. —
See Specimen
b) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory for Coverage A
Employers Liability:
Each Accident $100,000
Each Employee — Disease $100,000
Policy Limit — Disease $500,000
c) UMBRELLA EXCESS LIABILITY
LIQUOR OR DRAM SHOP LIABILITY
Coverage to be determined on a case by case basis by Finance Director.
Completion Checklist
❑ Certificate of Liability Insurance (2 pages)
❑ Designated Location(s) General Aggregate Limit CG 25 04 03 97 (2 pages)
El Additional Insured 20 26 07 04
❑ Governmental Immunities Endorsement
2 of 2 January 2008
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU. THE TERMS. EXCLUSIONS AND CONDMONS OF SUCH POLICES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LY
LTR
ADL
MISRD
TYPE OF INSURANCE
POUCY NUMBER
DDAT�E (M EFFECTIVE M
IDDIYY)
DA MI
DATE (MDDIYY)
UNITS
A
x
GENERAL
UABIUTY
COMMERCIAL GENERAL INABILITY
EACH OCCURRENCE
D00
X
PREMISE$ (Es R
000
1 CLAMS MADE X OCCUR
MED EXP (Any one Person)
000
PERSONAL i ADV INJURY
D00
GENERAL AGGREGATE
$ 2,000,000
GEWL AGGREG Limn APPLIES PER
PRODUCTS - COMP/OP AGG
$ 1,000,000
7 POLICY (XI PCT 17 LOC
A
AUTOMOBILE
UTOMOBILE
UABIUTY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
COMBINED SINGLE LIMIT
accident)
S 1, 000 , 000
X
BODILY INJURY
«)
s
—
—
BODILY INJURY
(Pr accident)
f
—
PROPERTY DAMAGE
(Pr accident)
•
10 41 N N N. N
GARAGE UABIUTY
R ANY AUTO
AUTO ONLY - EA ACCIDENT
OTHER THAN EA ACC
AUTO ONLY AGG
EXCESSIUMBRELLA LABILITY
7 OCCUR CLAMS MADE
spf
1
EACH OCCURRENCE
AGGREGATE
DEDUCTIBLE
RETENTION i 0
$
R
_
_
A
WORKERS COMPENSATION AND
EMPLOYERS' UABIUTY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICERAYEMBEREXCLUDED?
K yes, dssat. under SPECIAL PROVISIONS brow
yy�
X' TORY lS l ER
EL. EACH ACCIDENT
$ 100 , 000
E.L. DISEASE -EA EMPLOYEES
100,000
EL DISEASE - POLICY LMIT
S 500, 000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLESIECCLUSNONS ADDED BY ENDORSEME NTISPECIAL PROVNSIONS
City of Dubuque is listed as an additional insured on general liability policies using ISO endorsement fora CG 2026
0704 "Additional Insured - Designated Person or Organization" or its equivalent. General Liability policy is primary i
non - contributing. lore CG 2504 0397 "Designated Locations" general liability aggregate limit is included. Governmental
immunities endorsement is included.
ACORD,, CERTIFICATE OF LIABILITY INSURANCE
PROOUCER (563)123 -4567
Insurance Agency
Street Address
City
ST Zip Code
Fax (563) 987 -6543
INSURED
Company
Street
City
St Zip Code
INSURERS AFFORDING COVERAGE
INSURER k Insurance Coapariy
INSURER 9:
INSURER C
INSURER D:
INSURER E:
COVERAGES
CERTIFICATE HOLDER
City of Dubuque
50 West 13th Street
Dubuque, IA 52001
ACORD 25(2001/081
DATE (YMIDD/YYYY)
12/7/2007
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER VMLL ENDEAVOR TO MAIL
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABIUTY OF ANY KIND UPON THE
INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
O ACORD CORPORATION 1988
&CORD 25 (2001/08)
NS025 {oboe) oe AMS
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an
endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such
endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing
insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively
amend, extend or alter the coverage afforded by the policies listed thereon.
Page 2of2
POLICY NUMBER:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designated Location(s):
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
A. For all sums which the insured becomes legally
obligated to pay as damages caused by "occur-
rences" under COVERAGE A (SECTION I), and
for all medical expenses caused by accidents
under COVERAGE C (SECTION 1), which can be
attributed only to operations at a single desig-
nated "location" shown in the Schedule above:
1. A separate Designated Location General
Aggregate Limit applies to each designated
"location ", and that limit is equal to the
amount of the General Aggregate Limit
shown in the Declarations.
2. The Designated Location General Aggregate
Limit is the most we will pay for the sum of all
damages under COVERAGE A, except dam-
ages because of "bodily injury" or "property
damage" included in the "products - completed
operations hazard ", and for medical expenses
under COVERAGE C regardless of the num-
ber of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits ".
3. Any payments made under COVERAGE A for
damages or under COVERAGE C for medical
expenses shall reduce the Designated Loca-
tion General Aggregate Limit for that desig-
nated "location ". Such payments shall not re-
duce the General Aggregate Limit shown in
DESIGNATED LOCATION(S)
GENERAL AGGREGATE LIMIT
COMMERCIAL GENERAL LIABILITY
CG 25 04 03 97
the Declarations nor shall they reduce any
other Designated Location General Aggre-
gate Limit for any other designated "location"
shown in the Schedule above.
4. The limits shown in the Declarations for Each
Occurrence, Fire Damage and Medical Ex-
pense continue to apply. However, instead of
being subject to the General Aggregate Limit
shown in the Declarations, such limits will be
subject to the applicable Designated Location
General Aggregate Limit.
B. For all sums which the insured becomes legally
obligated to pay as damages caused by "occur-
rences" under COVERAGE A (SECTION I), and
for all medical expenses caused by accidents
under COVERAGE C (SECTION I), which can-
not be attributed only to operations at a single
designated "location' shown in the Schedule
above:
1. Any payments made under COVERAGE A for
damages or under COVERAGE C for medical
expenses shall reduce the amount available
under the General Aggregate Limit or the
Products - Completed Operations Aggregate
Limit, whichever is applicable; and
2. Such payments shall not reduce any Desig-
nated Location General Aggregate Limit.
CG 25 04 03 97 Page 1 of 2
CG 25 04 03 97
C. When coverage for liability arising out of the
"products - completed operations hazard" is pro-
vided, any payments for damages because of
"bodily injury" or "property damage" included in
the "products - completed operations hazard" will
reduce the Products- Completed Operations Ag-
gregate Limit, and not reduce the General Ag-
gregate Limit nor the Designated Location Gen-
eral Aggregate Limit.
D. For the purposes of this endorsement, the Defi-
nitions Section is amended by the addition of
the following definition:
Page 2 of 2
Copyright, Insurance Services Office, Inc., 1996
"Location' means premises involving the same or
connecting Tots, or premises whose connection is
interrupted only by a street, roadway, waterway
or right -of -way of a railroad.
E. The provisions of Limits Of Insurance (SECTION
11I) not otherwise modified by this endorsement
shall continue to apply as stipulated.
CG 25 04 03 97
POLICY NUMBER:
COMMERCIAL GENERAL LIABILITY
CG 20 26 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s)
The City of Dubuque, including all its elected and appointed officials,
all its employees and volunteers, all its boards, commissions and /or
authorities and their board members, employees and volunteers.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section II — Who Is An Insured is amended to in-
clude as an additional insured the person(s) or or-
ganization(s) shown in the Schedule, but only with
respect to liability for "bodily injury", "property dam-
age" or "personal and advertising injury" caused, in
whole or in part, by your acts or omissions or the acts
or omissions of those acting on your behalf:
A. In the performance of your ongoing operations; or
B. In connection with your premises owned by or
rented to you.
All terms and conditions of this policy apply unless modified by this endorsement.
CG 20 26 07 04 Includes copyrighted material of Insurance Services Office, Inc. with permission. Page 1 of 1
0 ISO Properties, Inc., 2004
CITY OF DUBUQUE, IOWA
GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and
states that the purchase of this policy and the including of the City of Dubuque, Iowa
as an Additional Insured does not waive any of the defenses of governmental
immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4
as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The insurance carrier further agrees that this policy of insurance
shall cover only those claims not subject to the defense of governmental immunity
under the Code of Iowa Section 670.4 as it now exists and as it may be amended
from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be
covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible
for asserting any defense of governmental immunity, and may do so at any time and
shall do so upon the timely written request of the insurance carrier.
4. Non - Denial of Coverage. The insurance carrier shall not deny coverage under this
policy and the insurance carrier shall not deny any of the rights and benefits
accruing to the City of Dubuque, Iowa under this policy for reasons of governmental
immunity unless and until a court of competent jurisdiction has ruled in favor of the
defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall
not otherwise change or alter the coverage available under the policy.
SPECIMEN
1 of 1 January 2008