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: November 8, 2010
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David Heiar, Economic Development Director
Jennifer Larson, Budget Director
Michael C. Van Milligen
Dubuque
bfrd
*Amain City
11111
2007
Economic Development Director Dave Heiar recommends City Council approval of a
one year lease extension of a farm lease with William and Janet Siegert. The lease rate
will be $170 per acre of tillable land and $50 per acre of pasture land, and would extend
the lease until March 1, 2012. All other terms of the lease shall remain the same as
previously agreed.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: David Heiar, Economic Development Director
DATE: November 4, 2010
SUBJECT: South Siegert Farm Lease Extension
/
Dubuque
krtial
Plamatula
111
2007
INTRODUCTION
This memorandum presents for City Council consideration a resolution approving an
extension of a farm lease with William and Janet Siegert.
BACKGROUND /DISCUSSION
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 through March 1, 2010.
At that time, staff reviewed the original lease terms and 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
provided a one (1) year lease agreement which expires March 1, 2011. The Siegerts
have asked to continue the lease under the same terms for one more year.
RECOMMENDATION
I would recommend entering into a one (1) year lease amendment on the south farm
(Cousins Road) with William and Janet Siegert at the 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 \Siegert Farm \South Siegert Farm\20101104 Council Memo Siegert Lease Amend S Farm.doc
Attest:
RESOLUTION NO. 440 -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 Novembj, 2010.
Jeanne F. Schneider, City Clerk
Roy I .j: uol, Mayor
F: \USERS \Econ Dev \Siegert Farm \South Siegert Farm\20101104 Seigert S Farm Lease Amend Resolution.doc
This Amendment to Farm Lease -Cash or Crop Sale, dated for reference
purposes the 15th day of November, 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 and
amended February 15, 2010, is hereby amended as follows:
TENANT:
0 44).L.
William Siegert
aanet Siegert
AMENDMENT
TO FARM LEASE -CASH OR CROP SHARES
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
WILLIAM AND JANET SIEGERT
1. Par. 1 is amended to read as folio' ws:
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, 2012.
All other terms of the lease shall remain the same, as previously agreed.
CL„,1 Atte
LANDLORD:
CITY OF D UQU , IOWA
By:
Roy D. uol, Mayor
Jeanne F. Schneider,
City Clerk
STATE OF IOWA, COUNTY OF DUBUQUE ss:
On this 15thday of November , 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. 440 -10 passed by the City Council on the 15th ; 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.
P
Ana:_
KEVIN S. FIRNSTAHL
COMMISSION NO.745295
MY M /SSION EXPIRES
STATE OF IOWA, DUBUQUE COUNTY ss:
otary Public, State of Iowa
On this day of / UV✓i,k, -, p-, 20 /d, 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.
2
otary Public, to = of Iowa
BRENDA FUGLSANG
Commission Number 745861
My Comm. Exp. MAR 19, 2013