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Siegert Farm Lease Extension 2006 i5'i7~'&iuE ~ck~ MEMORANDUM August 26, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Siegert Farm Lease Extension In 1997, the City purchased two farms from William and Janet Siegert as part of the acquisition of future industrial park property. The City entered into a 1 O-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 expires March 1, 2007. Economic Development Director David Heiar recommends City Council approval to enter into a 1-year lease on the north farm (Middle Road) and a 3-year lease on the south farm (Cousins Road) with William and Janet Siegert. The City's legal 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. I concur with the recommendation and respectfully request Mayor and City Council approval. J1J ~~ML Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM August 25, 2006 TO: Michael Van Milligen, City Manager 0"" J He'", E","om" O"""~pme'" 0'_' ~ Siegert Farm Lease Extension FROM: SUBJECT: 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 expires March 1, 2007. 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 at $116/acre for tillable ground and $50/acre for pasture, (the rental rates) continue to reflect current market rates. The north Siegert farm located along Middle Road consists of 129.71 tillable acres, and the south Siegert farm contains 104.54 tillable acres and 35 acres of pasture. The lease on the north farm is for 1 year and on the south farm for 3 years. The City anticipates converting the north farm into industrial property in calendar year 2009. RECOMMENDATION I would recommend entering into a 1 year lease on the north farm (Middle Road) and a 3-year lease on the south farm (Cousins Road) with William and Janet Siegert. The City's legal 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\DHeiar\Siegert\Siegert lease memo.doc . RESOLUTION NO. 407-06 RESOLUTION APPROVING A FARM LEASE WITH WILLIAM AND JANET SIEGERT Whereas, the City Council of the City of Dubuque, Iowa wishes to continue a Farm Lease with William and Janet Siegert for certain property as described in the attached lease; and Whereas, it is the determination of this Council that approval of the Farm Lease, according to the terms and conditions set out in the attached 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 Farm Lease by and between the City of Dubuque and William and Janet Siegert is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the 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 herein approved. Passed, approved and adopted this 5th day of September 006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk F:\USERSIDHeiarlSeigertlSeigert lease resolution.doc 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 _ day of , 2006, 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"): a. 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, 2010. b. The North Siegert Farm along Middle Road consisting of 129.71 acres tillable. The term of the lease for the North Siegert Farm shall be until March 1, 2008. 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 $116 per acre for tillable acres and $50 per acre for pasture, paid as follows: $ 6,938.32 December 31, 2006 $ 6,938.32 July 1, 2007 $ 6,938.32 December 31, 2007 $ 6938.32 July 1, 2008 $ 6,938.32 December 31, 2008 $ 6,938.32 July 1, 2009 $ 6,938.32 December 31, 2009 b. The North Siegert Farm: Annual rent of $166 per acre tillable payable as follows: $ 7,523.18 December31, 2006 $ 7,523.18 July 1, 2007 $ 7,523.18 December 31,2007 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: LANDLORD: CITY OF DUBUQUE, IOWA By: Roy D. Buol, Mayor William Siegert Janet Siegert Attest: Jeanne F. Schneider, City Clerk STATE OF IOWA, COUNTY OF DUBUQUE ss: On this _ day of , 20 _' 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 swom, 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 2 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. passed by the City Council on the ; 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. Notary Public, State of Iowa STATE OF IOWA, DUBUQUE COUNTY ss: On this _ day of , 20 _, 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. Notary Public, State of Iowa 3 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 policies of insurance shall be endorsed to provide a thirty (30) day advance notice of cancellation to the City of Dubuque, except for 10 day notice for non-payment, if cancellation is prior to the expiration date. This endorsement supersedes the standard cancellation statement on the Certificate of Insurance. 3. 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 cODies 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 Products-Completed Operations Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit (anyone occurrence) Medical Payments $2,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 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 4 commercial general liability form CG 0001, or Business Owners form BP 0002, shall be clearly identified. 5 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 Each Employee - Disease Policy Limit - Disease $100,000 $100,000 $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 D Certificate of Liability Insurance (2 pages) D Designated Location(s) General Aggregate Limit CG 25 04 03 97 (2 pages) D Additional Insured 20 26 07 04 D Governmental Immunities Endorsement 6 CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmentallmmunitv. 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 Coveraae. 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 Immunitv. 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 Coveraae. 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 Chanae in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN 7 POLICY NUMIIl'Il ~RCW._IiR4LUA8IUTV CG202t0104 THIS ENDORSEMENT CHANGES THE POLICY.. PUiASE REAO IT CAREFULLY, ADDmONAL INSURED - DESIGNATED PERSON OR ORGANIZATION Tlli6el_'leIK~~~undoIlIMIoblbwing; 00MMIi.RC1Al GEIlERAlllAllll.1TV COVERAOE PART $CHEllULE Nom. Of_~i~ Po<won(.'OrOrgonluli<>rl{ol Th<l CI,=y of Dubuque, fllCludirnJ ~II Il~ ~lt~tM aM aflP<linf.P.d officials, ell its enploJ"'e$ and volullte$rs, all its hoords, tomqlssions and/or outtJorities ond their b30rd ~rs, employees and yoluateers. ""1 ~~'-"'._-'~-'~~ !!t~........, 10 COMIllMe.... -",-~!:!l,--,,-, 'NIl be oIlO"'!'tq.,!!lt.j)edorllloo. i J hdiorl If - Who" M k1auNd Ie atTI(lf'ldllld to ..... _.. an __ Ino",,", "'" 1'"".,1'(.) .. 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(ity, St*t.. 11p rAGe -.:no_oove:lWll! ~;I.,n~~,.~ MId.,.,..,: """'. nll.;l4."'-: n$.fo;l:'ll A$;,;;:;:- ~9't'M1CIP$ t>> IN.1I>>WCEtJal'tiJ.\o$U..OW1 INCOCOi lO$UfI)TOTHflJfC8l.R!D......DAlKMI-OJo( IIU. .....IIA."l ""UOUUIM.w..:"\II.;I), wr""'l ,~'.~"" AtWnE!lO'~, 'fFtMOlllCOt"NUill(.lN <'-.AN'I CQil......CY rift OTHmoo..""""W1rHN'lPEcr TO'AHt"..H ".et;tt<<'M"..All; Ul\Vlt('tm".l;JffiOO "'Y~lM\, lij(; ~Nrm:tt03Yrm:rcxQrreOE$lURHil.J.....l6l:U1J1Cr 10JIU Tile "'t!AWil E)l;C'~~,,"D c.?!CVfJONS Of' $IfOi PO;JCE:$.~TFI ir.llT8WMNw.ylOlWIi liUNHLIJUC.u JY ''Nl,;~. "," nn_ l"'f1Ifm'~ ~~. -.........' X f Ul1nVfD"lll ~1f"''1joj ueuw <<,,*,""'Jl [!" flr:l:Ull r _'M,~!!!lI,,~ tw.at~. ~~~~~~~:~,~.. ",",t"'''foIlRl'''.~J ,'"'t"":~. \W/n.il.JO' ,''',-,-~,.~-~, ".J A x tAlIIkt_-<<.:l;tft:lJ/tollt 'tu;;<,l:n:.t.:Uti!'Y'''I.lU }. . ~l('l)~ 1ttw;)wY;V P<<;H~\1lIll"t.f1'l.m }'.4-"( .)0::.111'<9 't..;~. ').[ It ~1IloqMtl.J$tI:ii1_ ,.- 1000 x <fJU""l!\l.i:t-Y ;tItt~ ,1)lll;V....U...l' :.....~ "lOf'!lt'r1>>'W(li 1'1 ,.......~..-.: tJtIJt~J~ 4:.jI'OGH V ~}!!~~!4 r..'-"",'P::tJ...1I1 i ~ b'....1;'.1I1 Ai;U I ~ , p-~'l....l!l.UlUJM.ITY O<:t.~a\t [] Gu.l""W>1 , ,t~. tHtC'\lU! mlj!ll'il~ ""2..,, _ClOlHC!NMtG'" -...... - ~H.;~J~'JlI(JJ'P'4 ~;.;:g~... VI,.. ,,*.- " , . ,r~~"t:l~';;t"'''M ' 10 ~; lil . . , X t1<~.,t(;::]":rlff ~ t.i..t:q:;A'4-tAtll'f'lQYU . 11.mlMA: lW;iJG"'l1)!t , leo, 100,. --'-~i~!~:~~ ~"--"'-, "" ........, .. LDlEll AS AM AllllIT........ __ un I'OlICll~ W>lllG .LSD fMOOflSE. RlIllI CG 20 Zi 07 114 "AllIIITn_ lJ\ISIJflEO-llESIGIlAlED _ OR llIIliAlfU,UIOIi" OR m EQUJ.VIUNf. NtRAl. UI!lIIU1Y POlICY IS ~V _ NON-<DmlIlllJTDG. RJII!l CG <IS 1M 03 t7 "IlI!SlGIIAIEIl LlICATIOMS" LIAIIIUTY _It um SIW.l. lIE 1NI:llJDEI). ~Al. _UltS __r IS D1CLlIDEIl. POl1l:IES SlMI.L lIE ENlOIlSlI1 m I'IIO(lOt: 30 llI\Y N'N1IIa NOTJtE OF OlNCtlJ.ATJON 1/1 CITY OF 00IllJQUE my OF llIlllUOllE CIIY 11.tl.l. so W. Ulll Sl1Il':EI _l. .LA SlOGI ~-~'''~",._.,,~.,., , 1llOUJ)/fI('f~~tlIXMtO..,.,aI$.07~u..U:UItt'l;M; llIk ......l'Kifl4TlflllMllt.YHI._M~_t~1lIM. ~H,_ iWrlWJITI"tN:!IO'RQ!"tOT4f!~~.lirr I""", -..mtl) 'r./ttUltl, ~u .-.. 1'f,,~-~c:rxDlIU'~~ 13D(l( xx ~"'J...,..I ACCRD 21 t2I0118J); QACORO CIOIIPCIRA11OIl_ 9 IlIlPORTANT If tJe cort.ifiemo t\OICJM' IiI\ an ADOII !ONAl. INSUREO 'lU pulq-Il:.) liMit t)oc, llIfTlJuflitA.l. A ....u.m "n Ihie: l}tfllJCllettoe$nDtCOrftrl1gI'D'O'lhe ~w,~ it,... Dftti....liIl~nftott.}, IfSUBROGI\TIQN 1$ V/AlI/eO.1UllJI<t "'... ...roo ..od""'olIlfo". ol'.."""". _, polIClti""'f lUqWU i4l~eM;," statatnlnton :hi&~ ~tlll1iI:a...r", ,iyhlslL Ut:f'*ll~ hOtdGr io fibJ or ooer etill1C.-IIWNH'lt(a). IllSC1.AlMER rhl ~oftfJtUl';Jnc:" on~MYlWIe""ofthG tJrm doetrKJl(~UCARllt~ wtW\ft:f' theJUuMginllunl:(IJ....orllC<S ~orPfCl(2UOtr. tnU1fflIWl~Ill)lIJ't!..I<<J1 JUtmlIt a!tlfrutMtlf tIC fl9gitwely SilI1'll)Of"ex:tencI <<MIrtle co~ge ~ b)'1hu pullt;i~ IbbJ t""""l SPECIMEN _26(>1JO_ 10 FOLlCY NUMBI!fl: THIS EMDORllEMENT CHANGES THIii POUCy, PlEASE READ IT CAREFULLY, C~IAL GENl!RAL LlAlllUlY CCUlI04cq .1 DESIGNATED LOCATIONfSl GENERAL AGGREGATE LIM T This___ irOlll'l'"Mflt/Wilt<ld ,_Il1&IcI-.g: COIv'IMI3'lClAl aENERAl. UAlIlIITY CO\IE'lAGE PART SCHEOUI.I! SPECIMEN r:-lel: I (Ilno cr4t, _ra -.. irlomlallcn reoquftd locanpiale II1Ia __wll M W_ in .... ~ "'~Io1l>"~.1 A F<>r ",n """'" _ !he inau.... ""_leg8lIy ~toPl'l''''~_by "_OM' :mdor 00\'FRAl!lE A lSECT10N II andtr all _ __ cauoed by l1CC.. den10 _ COIIEIWlE C {SECTiON Q, whio'> can "" lIltibuleod oniy to _"""" '" N tlilllJla ~ --.. llI1cwn in l!le Sc-Iodu!o """"" 1. A __ ~ lotlotion GenoH8I AygHjgala linlil llI>Di'e& 10 0ClCh dcsignaIcd '1OCaIloll', and Ihal Jmit is """" 10 l!le ""....4 uf U.. Goo,.."" "- Urnl _in""'~. a. Tile 00Iill- Lotla""" ('_ ~ tfhlil ",UlltJ 11lUf.t we wi pay tbrtheaumd811 __unclft~....__ ---",-IiV......'Y..,"p/<lportj = ineIudod i. the 'producta""""l>laled ,. ~i'\ and for rl'M'ldkal OF..... mdRr COVERAGE C ~ of lilt num- bel' 01: .. : n&urfti&. I>. ClllIms""'lieQ('OWlO'bo""IJII... C. -.. or ",,,",,_. mlli<l'O _ or brl'fllng 'Nit', 3. An)' ".,...,.. made under COVERAGE A lOr __ or under (".()\If11AGE C lot - ~ .".. t<!cl.... tte DeolO- ......, Looot.., Ge>_ Awl"llll"' Urn. 10. -cloIigrlllIad'_,.,-~ ..... !lOt_I... _t l.gg_", 'mlil Ihcwn in "'" 0..;,.._ "Of _ lha\> ,.. dta "",_ ~ Location_ I\QOf"lJIIlO Linil, b' My 011"... deointod __'_"'Ihe~._, ... -1imi!$_inll1&~IotEeclt Ot:eunooco, FlIa ~ lIl1d \IediaJI ",. _<:<>ntn"" IOllPlllY.I_. :nsIUd 01 being subjec:t 10 tle' <lOner.aI ~. Urrit - in hi 08d0nII...... lIocn ._.... Ill> .~",u,.,wppl~ !)~10l':lll"," 00n0raI ~f69*e lit": 11 8.1'01 wi...... wl",h U'" .....""" -. IegIIIy oblIgolod to pay .. __ .._ by ~, undor COIIERAGE A ,:seCTlQN 11 _ tlt oil ""..1ooI_....1Md hy_. - - OOVI!RAGE e lSECl10N I) _ -l>&~""71o~"""".lIIn, !jIo ~ - _In the SchldulIl - 1. A"fI ~_ .- u~ <:o\iI!AAGE A fllr __ or .Me< COVERAGE C 'or medlc.1 __ shell ~ !he _nl ..........-...-~LImIt '" Ill. Pt_CIlr~ 0peIaII0n. As/- g"'ljOlo U'nk _ ill opplfllrlblc;_ 2. lMIl_._ not I1ld.aI uny Doofyo_ ~'Guoar"'~t.i"Iil. c._ _0 fur -iIr ....."9 "'" <I"'" 'PfQducIc COInp1oCed __ _. " po. lIlc<Id. ""V -"' lot ""- be<la...., 01 'badly injury OI'pICl*1ll damag&" nclucleclln the~ o~eJIlI1l.:.,.. ~'d Alduce Il1e ~.....Iod ap......... A;J- llIUllIIO LhniL .lId noI redll<:e Il1e GenerlIl A;J- _llllJmol nor file ~ lC<8lm Gen. _~Umll. D. F<ll1I1cl po.IJlCl8U oIll1l1 IOIlclorIomonlll1e Dot\- n__"_bylhe_", Ihe foIIcwi1g :leIInlOcn: 'LoooIian" ..- prom_ nIIOIVng tll& _ or CChl!MlolO _ or ..-.. W"lOm .......... 1Ion1O_cn/llyo__t._ -il!Y"'~f_"'.-. e. 1hoor_0I1,_rJlI.......""'t=1ON Ih) "'" __ rncdIlud by .... __,..d .hd OC>'lIinuo Ie _~ ulllipul&lecj. SPECIMEN 12 562.6 Agreement for termination. If an agreement is made fixing the time of the termination of the tenancy, whether in writing or not, the tenancy shall cease at the time agreed upon, without notice. In the case of farm tenants, except mere croppers, occupying and cultivating an acreage of forty acres or more, the tenancy shall continue beyond the agreed term for the following crop year and otherwise upon the same terms and conditions as the original lease unless written notice for termination is served upon either party or a successor of the party in the manner provided in section 562.7, whereupon the tenancy shall terminate March I following. However, the tenancy shall not continue because of absence of notice if there is default in the performance of the existing rental agreement. 562.7 Notice - how and when served. Written notice shall be served upon either party or a successor of the party by using one of the following methods: I. By delivery of the notice, on or before September I, with acceptance of service to be signed by the party to the lease or a successor of the party, receiving the notice. 2. By serving the notice, on or before September I, personally, or if personal service has been tried and cannot be achieved, by publication, on the same conditions, and in the same manner as is provided for the service of original notices, except that when the notice is served by publication no affidavit is required. Service by publication is completed on the day ofthe last publication. 3. By mailing the notice before September I by certified mail. Notice served by certified mail is made and completed when the notice is enclosed in a sealed envelope, with the proper postage on the envelope, addressed to the party or a successor of the party at the last known mailing address and deposited in a mail receptacle provided by the United States postal service. . ' .' .. l FOR THE LEGAL EfFECT OF THE usE OF : 'I- THE.IOWA STAlE BAR ASSOCIATION 1150.324 =- nlls FORr-.!~~_~~SU.L_",-".Y.'?_'J_~_~!,,!E_~~_. . .~'~~'f.-~C" ~-~-' ~--~- <<:b I?V ~~- --~-------- ~."~Y'\'~. o_~~- , "'-~., -~'{i ,: "," ~.. '.. , ~ .,'.- '" . 7, ,'~ -,-~ T.......,_. -""0 "'0":.,,'(" SPACE ABOVE TUIS LINE fOR I\fCORDfft FARM LEASE - CASH OR CROP SHARES THIS LEASE l~lo/lscRI is made belween ----Th~Ci..t.-Y- of _Corpm::atinn ~;f1~~1 ~rUOuqueA .~~w" . .. egprr ~n fiPr ~legprr address for the purpose 01 this leese is ...13..9..9 ? 01 n HW'V R n . . 1 Onhnqlle, Tnw.a.-nn Towa MunlClpa l-lalldlord~l. whosl! addles. for the purpose of this l..so I. . nnd . I-Tenant"l. whoso OnbuqllP. Tf"'lW~ THE PARTIES AGREE AS FOLLOWS: 1. PREMISES AND TERM. landlord leases to TentlHI the following ,ealestate situated In -Duhuq_up County. lown (the "Real EstateRI: 230 Dubuque, Cousins Road acres along Cousins Road County, Iowa. Farm consisting in Section 31, of approximately Dubuque Township and Middle Road Farm along Middle Road, in County, Iowa. consisting of approximately 158 Section 30, Dubuque, Township, acres Dubuque Actual acreage leased shall be determined by Landlord's development schedule. and containin{l appI..X..-3...B..a-tb<t!ll!Hl!lIablel acres, more or less, with possession by Tenant lor A term 01 10 years to commence on "i.D:D i,1191.5_,_ 1 ~!h9 i/nd on M rl r (' h 1 . 2007 ,The Tenant has had or been altered An opponunity to make an independent investigation as 10 the acres and boundaries 01 the premises. In the event that possession cannot be delivered within fllteen 1151 days (\Iter .:ommencomenl of this lease, Tenant may terminate this lease by {Iivin{l the landlord notice In wrltln{l. '2. RENT. T.mant shaUI)ay to Landlord 85 ronl lor Iho Roal Elltate !the RRent"l: $116 per acre ~f tillqble ac~~s rented and $50 per D. Rhol 8Jalffa=ijc~J,111i"e~t or-pn reo teq ." anpaViI\d-, -b.Yeh otherwise a{lreed, as lollows: 1-.J.1.-2 of annual on 1 ",t d.v 01 ,~"1 Y..-- . I rent andx1[2 of anngQl on 31 st day 01 December, ren acre on : or day of I" e.~" _I._.v '1~ sf aO"I. '" Af ro\'b~?PI~. 'r::1" ~ vf-011._. J.pliil rai"d..Q~....ae~~ All Rent is to be paid to Landlord at the addr6ss l'Ibuve or AI such olher pll'lCD as Landlord may direct In writing. Rent must be In Landlord's possessiun on or beloro the due dnte. ParticipAtion of this Inrm in Any offered prO{lram by Ihu U.S. Oupartment of A{lrlculture or any state for crop (lfllduClloll conlrol or soil colltitlrvnlloll. 11m ollllOrvnnce 01 Ihu lorms /tfld conditions 01 Ihis prO[lrArn. and the division 01 farm prO{lram payments, r(Hlllires lnmllord':J conscnt. Pnyments from (lllniclpalion in thcse pro[lrnms shall lie divided % landlord ---1..D..O...- % Tenant. Governmulltlll cOllt'llhnrln{l IlnymontB ror lIennnnenl soil conllervlltioll structures shall lie divided % Landlord -1--0-0- % Tenant. Crop disaster flayments shall bu divided % Lalldlord --1-(lD- % Tenant. ""'5.....lANOlORO.S LIEN AND SECURITV INTEREST. As security lor all sums due or which will bccome due from Tenant 10 landlord, Te hereby [lrunt~Qdlnrd. in nddilion to any SUllutorv liens. a sccurity jlltcrf"st ~c jHC .'!ded in till.! Iowa Unilorm Commercial Code and II c clualllen ~- ill 1IJ1 crop'" IHoduced o~hc.:..eemi606 ond Iho IHoccodll lllld producls thercol, 011 conlrnct right, concernillO such cro,,_. proce nu/ur products, all proceeds of iflsurance collecled"'llho-o.~counl 01 destruction of such crops, all contract rlOhls and U.S. (Iovernment an~ e aorlcultural farm prograln paymeflts in connection wllh the abo~~ed premises whelher such contract riUhts be payable~~ kind, including the proceeds from such riohts. IInd any "nd all other personal propel't)/..tI.,::pt or Ilsed 011 the relll I:stat6 that is not e)(~ft\P ,om execution. Tenanl shall sign and deliver to LtHldlord 1I UCC-l linancing Iltatement showing the e)(~nCf'l...ol Ihis security inlcrest. Te anr-61lalll'llso sIgn any additionallo,ms required 10 validale th.. security interest in government proorlltll paymonts. ....................... Tenant shall not sell such crops unless landlord agrees otho~)O . ,~~ant shall notify Landlord 01 Tenant's intontion to sell crop at least three 13) business days Jlrior to sale 01 the crop Iwilh busillose; d~Y.!LJurlt'ii'Jd"scribod llS~MQ.Q~y through Friday, except any Iowa or f"dera' holidays'. Tenant shall pay the fuU rent lor the crol) YOM in which tl~ro~ prodl,ced, whcther duo or not:'"aIJ!le time 01 sale pursuant to landlord's consent to release ll'llldlord's security interosls, Upon payn~L-i"""'i'Il' Landlord shlln releastl Landlord's lien on th:;-cm~oduced in Ihat crop year on the promlaes. The pl'Inies agree Ihot by 11I1I Landloft hril;iino Iho lien a8 10 tlm crop i" anD year. thll londlord in no way ~ftll. a tho lien or 80reOliil 10 rllloase th., lien in any "rior or subsequenl Tenan silln iUld duliver to Lnndlord II lillt 01 pOlontiallluyors of the crops u!Jon which Landlord has been gran III II security interest In Ihls !>s L8f1dluftl ulhcrwise consents. Ten8nl will not sell these crops to a buyer who 18 not on the potentialli&t of buyers un Tenant pays tha "II r,,"1 dllll tor 1I,e em!, yellr tu lhe LlIlltllord at or prior 10 Iho dale 01 &Dlo. Landlord Illay Oive notice to the potenlial buyers of Ihe GKis 01 thi. .'."Ialrity i'lterest. Ic~ll_ <<>E~~:E:;: ~~~;;:~~;:;,~_~c 1-~1,.",.1- 8, (i.) 136 fARM lEASE. CASH OR CROP SHARES 118"I.od Au.."..I. 1~194 . 4. INPUT COSTS AND EXPEN!'ES. Tennnt shall prepare the Real Estate and plant sUdler pI> in a timuly fashion as mav be directod by llendlor.panll. Tenant sholl only be entitled to pasture or Iii II portions uf tho Real Esteto designated by Landlord. All necessary mllchinery IInd . )mllnt. liS well 86 labor. necessary to carry out tho to ., this 104s8 6hall bo furnished by tlnd ~t the expense of the Tenant. The following materials, in the amounts required by good husbandry, shall be acquired by Tonant and pllid lor by tho pfutlos 86 follows: % landlord % Tenant 100 1nn --1Jl n --1-00 100 _1-ll0 100 ~QO 100 ----.1..OJl 111 Commercial Fertilizer 121 Lime and Trace Minorals 131 Herbicides 141 Insecticides 16) Seed 16l Seed Cleaning 171 Harvllsting and/or Shelling Expense 181 Grain Drying Expense 191 Grain Storage Expense 1101 Other ",.", Phosphate and potash on oats or beans shall be allocated % the first year and % the second year. and on all other crops allocated % the fin.t year and % Iho second year, Lime and trace minorals shall be allocated over ___ years. If this lease Is not ronewed, and Tonant doos not tlu:rolore receive Iho full allocated bone fits, Tonont shall be reimbursed by landlord to tho OKtllnt TOnfmt has not received the benelits, Tenant agrees to lurnish, without cost, all labor. equipment and .upplication lor all fertilizor, lime, trace minerals and chemicals G, PROPER HUSBANDRY; HARVESTING OF CROPS; CARE OF SOIL, TREES, SHRUBS AND GRASS, Tenant shall farm tho Real Estate in e menner consistent with good husbandry, seek to obtain the bast crop production that the soil and crop season will permit. proporly care lor 011 growing crops In a manner consistent with good husbondry. and harvest all crops on a timely basis. In the ovent Tenant lails to do so. landlord reserves tho right. personally or by designated ogents, to enter upon the Real Estato and properly care lor and harvest all growing crops. charging the cost of the care and harvest to the Tonant, es part of tho Ront. Tenant shall timely control all woeds, including nOKious weeds, weeds In the fence rows, along driveways and around buildings throughout the premises. Tenant shall comply with all terms of the conservation plan and any other required environmental plans for the leased premises, Tenent shall do what is reasonably necessary to control soil erosion Including, but not limited 10, the maintenance of eKistlng watercourses, waterways, ditches, drainage areftS, terraces and tile drains, and tlbstllin from any practice which will cause demage to the Real Estate. Upon request from the landlord, Tenant shall by August 1 u of each lease year provide to he landlord a written listing showing all crops planted, including the acres of each crop planted, fertilizers, herbicides and insecticides applied Showing the place of application, the name and addreu of the applicator, the type of application and the quantity 01 such Items applied on the leese premises during such yellr. ' Tenant shall distribute upon the poorest tillable soil on 1he Real Estate. unless directed otherwise by landlord, all of the manure and compost horn the larming operation suitable to be used. Temmt shall not remove from the Real Estate, nor burn, any straw, stalks, stubble, or similar plant materiels, all of which are recognized as the property 01 lllndlord. Tenant may use theso materials, however, upon the Real Estate lor the larming operations, Tenlln! shall protect all trees, vines and shrubbery upon the Real Estate from injury by Tenant's cropping operation or livestock. 6. DELIVERY OF GRAIN. If this loase is a request, at reasonable limos, to tho elevator at elsewhere at no lurther distant point. crop sharo ~J>. lease, Tenant, without cost to Londlmd. shall deliver landlord's grain pursuant to .0' 7, LANDlORO'S STORAGE SPACE. If this lorose is a crop 61111(0 leaso, lllndlord reserves --1:1j~ % 01 all crib and granllry space lor storage 01 the ront share crops. O. ENVIRONMENTAl. a. ~. To the best of landlord's knowledge to dato: il Neither landlord nor. landlord's lormer or present tenants, are 6ubjecl to nny inve6tigation concerning the premises by any govornnumtnl authority under any applicable lederal, state. or local codes, rules, and regulations pertaining to air and water quality, Ihe handling. transportation, storage, treatment, usage, or disposal of tOKic or hazardous substances, air emissions, other environmental matters, and all zoning and other land use mailers. iil Any handling, transportation, storage, treatment. or use of tOKic or ha18rdous substances that has occurred on the promises has been in compliance with all applicable lederal, state, and local codos, rules, and regulalion6. iii) No leak, spill release, discharge, emission, or disposal of toxic or hazardous substances has occurred on Ihe premises, iv) The soil. groundwater, and soil vapor on or under the premises is free of toxic or halardous substnnces except for chemicals (Including without limitallon lertilizer. herbicides, insecticidesl applied in conformance with good l.urming methods. applicable rules and regula lions and the label directions of eoch chemical. landlord shall hold Tenant harmless agoinst lioblility lor removing solid waste dispossl sites eKistlng at the eKecutioll 01 this lease, with the exception that Tenant shall be liable lor removal of sulid waste disposal sitos to the extent that the Tenant created or contributed to tho solid waste disposal site at any time. landlord shall assume liability and shall indemnily and hold Tenant harmless ngainst any liability or expense arising lrom allY condition which existed. whether known or unknown, at the time of eKecution 01 the lease which is not a result 01 actions 01 the Ton811t or which arisos aftor date 01 execution but which is not a rtlsult 01 actions olthe Tenant. landlord shall disclose In writing to Tenant lho eKistence of any known wells, underground storage tanks, hazardous waste sites, and solid waste dlsl)Osal sites. Disclosure may be provided by p properly completed groundwater hazard statement 10 be supplemollted il changes occur. b, Tenant. Tenant sholl comply with all applicablc environmontnllows concerning applicotion, storage and handling of chemicals (includinu, without limitation, herbicides and insecticides) and lertilizers, Tenant shall apply any chemicals used lor weed or insect control at levels not to eKceed the manulacturer's recommendation lor the soil types Involved. Farm chemicals INdtlXlmsy notl bo stored on the premises for more than one yoar. Farm chemical&: lor use on other propertles}(I)OI.1O ImflY not I be stored on this property. Chemicals stored on the premises sholl be stored In clearly marked. tightly closed containers, No chemicals or chemical containers will be disposed 01 on the premises. Apl'licalien of chomicals for agricultural purposes per manufllcturer's recommendation shnllllOt bl) construocl to GOll1otitUtO disposal. Tenant shell employ all means appropriate to insure that well or ground water contamination does not occur, and shall be responsible to lollow all applicator's licensing requirements, Tenant shall install and maintain salety check valves lor injection of any chemicals and/or fertilizers inlo an Irrigation system !injection valve only, not main well check vlllvel. Tenant shall properly post all lie Ids lwhen posting Is required I whenever chemicals pro applied by ground or air, Tenant shalt haul and spread All manure on appropriate fields at timps and in quantitip6 consistent with environmental protection requirements. Tenant shall not dlsp06e 01 waste oil. tires, batteries. paint, other chemicals or containers anywhare on the premises, Solid waste l<t1llt'Lt:lmay notl be disposed of on the premises. Dead IivestoclO(l)(rO() lmay notl be buried on the premises. II disposal of solid waste or burial 01 dead animals is permitted rlS stated in the previous two sentences, the dispospl or burial shall be in compliance with all applicable environmental laws. Tonent shall not use waste oil as a means to suppress dust on any roads on or near the premises. No underground storaga tanks, except human waste septic svstoms thftt moot current codes, rules, and regulations, shall be maintained on the premisos, Tenant shnlllmmediately nollly landlord 01 rmy chemical dillcharge, leok, or spill which OC{:urs on premises. Tenent shall as sumo liability and shllll indemnify and hold landlord harmless lor any claim or violation of standll(ds which result.. from Tenant's use 01 the premisos. Tenant shall assume dalense of all claims, oKcept claims rtlsulling from landlord's n~ql~genc~....jn _whi_~ ea90 ea,ch party shall bo responsible lor Ihat party's dofense 01 Ilny claim, After termination, Tenont shall remain liable lor violatiorjs,.whieh ,becmre.d r~ring the (ctm 01 this lease, ,. ~II lj ,'-'. ,.' , f . -"' ( ~.\ ,. In the IIbllcnee of lIelectlun of an allernatlve where c~~c.e~.ar \/~.~'ltfc4Jh ,Chi,. .p~,'aJh;'ph Ob, the choice of the word ~may~ .hall be pruurned un!en that presumption II contralY to applicable envlronmentallawl IInd regulation.. I.,", - 2 - "Thll! IOWA STATE U^R ASSOCIATION Ilsn~1324 Ofliclnl..Foflu No. 136 ~_ ,,~.;:c_~. '."",-_~.,,'C-.C _~, .'.' .c..,;==-"':-~'_C"'_-'"'C-,_-".OC'C c-~"'''-..... .",=_:::~c~'.,.;:_c-_c-_ue-- . . A-- , ..---- I 'FOR r"uE L-EOAl EFFE~T'OF nIE-u;E-~F- THIS FORM, CONSULT YOU" LAWYER "_:;.==-,,,"-,..--,-=~='=--==:::-_--'-'==-::-~"'-- -=--"-----'-.--.... -- '.. -- -_.- - --~.- ..-.- ..... ... T[RJi.I~'IITlnN Of LEASE. Thili LensCt shall tlulolllAtically renew upon expiration Irom vear-to-yaar, upon Iho BtUne Ie unless ailller pArty givel> dutl lUUJ timely writltHl Ilullce 11] ai,,, ,,'hC'r-o-.....~~~ not tVjlJltlw..lhie...l:ene':"11 enewe . the tenancy sholl terminale on March 1 of Ilut yenr following, provided lI')Q1...tblt.lonaAOV-shnll'rO!-COiiiijw;~ because 01 an nl.JlHHlcll 01 110\1.._ 1. 11 - ~"...tlt there Is . dolault In tho --"-'''- o..,dnrt..."n-~ '8f-ttrhr"t~.A1rlloliccs 01 torllliuption 01 Ihis lenso shall be tiS provided by law. 10. POSSESSION AND CONDITION AT END Of TEnM, At tho lonnination 01 Ihll. leue, Tenant will relinqui,h possession 01 the Resl Estate to Ihe landlord. If Tonnnt fails to do 60 Tentlnt agrees to PRY landlord $ per day. as liquidated damages until posse.sion Is delivtlred to landlord. AI Ihe time 01 delivery of the Real Estate to landlord, Tenant shall aS6ure 1hat the Real Eslate is In good order and condition, and substantinlly the same 8S it WllS when rllceived by Tontlnl al tho commencement 01 this lease, excusable or insurable loss by lire, unavoidable accidents ilUd ordinary wear, excepted. 11, LANOlORO'S RIGHT Of ENTRY AND INSPECTION. In the event notice 01 termination 01 this lease has been properly served, landlord may enter upon the Real Estate or authorize someone eltic 10 enler UI)on the Real Estate to conducl any normal tillage or fertilizer operation after Tenanl has complolcuJ Iho harvestinu of crops even if this is prior to the date of termination of the lease. landlord may enter upon the Real Estate at any fOAsonAblo timo lor tho purpose of viewing or seedino or making repairs, or for other reasonable purposes. 12. VIOLATION OF TERMS OF lEASE. If Tonant or landlord violates the teuns 01 this lease, tho olher may pursue the legal and tlquitable remedias to which each is entitled, Tonant's lllilure to pay any Rent when due SIHllI cause all unpaid Rent to become immodiately due and payablo, without any notice 10 or demand upon TOIUIOt, XX>><<OOOOXXN~NX~KOOM~N~OCH~~K~K~~~~~~~~~H~KX~~~~~~~*~~1 '~~~H~NN~~H~~~~~~~~WwN~~H~X~~~OO~~~K~>>W~>>M~K>>M~~<<X~~~~NOO~K 'Jii':Rlr~'k5e~~~~* 14, NEW IMPROVEMENTS, All huildings, fences and improvements 01 every kind and nalure that may be erected or 66tahlished upon the Reul Estato durinu tho term 01 the lease by Ihe Tenant shall constilute additional ront and shall inure to the Real Elltate, becoming the property of landlord unles6 Ihe landlord hilS aoreed ill wriling prior 10 Ihe erection that Ihe Tl:lnllnt may romove the improvement at Ihe end of the loase, 15. WELL, WINDMill. WATER AND SEPTIC SYSTEMS. Tenanl shall maintnin all well, windmill, water and septic systems on tho Real Estate in oood repair al Tenant'li expense except damnoe cnused by windslonn or weather. Tenan1 shall not be responsible lor replacement or installation of well, windmill, WAter and seplic systems on the Real Est.lle, beyond ordinary maintenance expenaes. landlord does not guarantee continuous of adequate slipplie6 01 water lor the premises. Hi. EXPENSES INCURRED WITHOUT CONSENT Of lANDLORD. No expense shall be incurred lor or on account of the Landlord wilhout first ohlllinill(l lllndJord's written 1l11lhorillllion. Tll/llml IlhAll tuko no aclions lhlllmiohl Clluse a mecll/\flic'ji liun to he imposed lIpon the Roal Estate, 17. NO AGENCY. Tenant is nol an auent olllle llllldlord. 10. TELEVISION AND RADIO. TOflanl mav install and reruovo, without causing material iojury 10 the premises, Tenanl's tolevialon recoption nntellnns, microwave dishes, and rlldio receplion and Irnnsmission AntennllS. 19. ACCOUNTING, The method used lor dividillO nrul accountino lor Ihe harvested oraln lJhall bo the customary and usual method used io tho locale. 20. ATTORNEY FEES AND COURT COSTS. II entlUed 10 recovor court costs and reasonable 1l1lorneys' either pally Wes suit to elllorce any of the terms 01 this lease, the prevailing party shall be lees. . 21. ~H.AN~E IN LEASE TE~~S. The conduct 01 either party, bv Act or 01l116510n, shall flot be construed as a material alteration of thla Lease unlll sllch Jlfovlslon IS reduced 10 writing and exoculed by bolh pArties as addendum to this lease. 22, CONSTRUCTION, Words I I I" I I allt p lfases lerOln, mc Ul ino Ihe acknowledgement, are construed as in the singular or plural and as the appropriate oender. accordino to Ihe conlellt. c ~~. NO~ICES. The .n~fic~s contemplaled in this laase shall be made in wfiting and shall either bo delivered In person, or be mailed in tho U,S. mAil, crtllled mUll to Ihe reclplenl 6 la&t known mAilinu ad,hess, except lor the nolicll 01 tllrminalion set lorth in Section 9 which shall b. DOV. d b Ihe Code oflown. ' me y 24. ASSIGNMENT. Tenant shalt not ass th l I landlord. ion is ellse or sub et Ihe Roal Estate or any portion thereof without prior written authorization 01 25. ADDITIONAL PROVISIONS. See Attachment A (fJ Tho lown 51,,10 Bm Associl.li,;.. ,.^."...........-- . " 136 FARM LEASE - CASH OR CROP SHARES . ' . . DATED: April 15, 1997 ""^;". .mho 'J;-' ""' .^)J~. "y ,J-.~~, -'J/,1:- 17 Janet Siegert LANDLORD: City of D~rie, Iowa ~;1~)#~~ ~ T ranee M.Duggan. Mayo ~ tl STATE OF Iowa COUNTY OF Dubuaue This instrument was acknowlodged belore me on _~r L- by VJ:T <.-~ ~..., S-F Ii <1-L"-'r /l /'1 I) IS JANk7"' .19 y? S;- E. (j..,z l'-r- t"'} ~ WILLIAM J. MAIERS MY COMMISSION EXPIRES Augu'126, 2000 lA~,(. 'ff=(,,~ G . Notary Public STATE OF COUNTY OF TIlis instrument was acknowledged before me on , 19 by .. 01 If 8 corporation: Said personlal acknowledged thaI the corporation (has no seall (has 8 seal which is affixed thoretol. . Notary Public IATTACH OTHER APPROPRIATE ACKNOWlEOGEMENT(SJ ~iEREJ .4. . . STATE OF IOWA ) ) COUNTY OF DUBUQUE) On this 15th day of April , 1997 before me Karen M. Chesterman a Notary Public in and for the county of Dubuque and State of Iowa personally appeared Terrance M. Duggan and Mary A. Davis to me personally known, who, being duly sworn did say that the said Terrance M. Duggan is Mayor and the said Mary A. Davis is Clerk of the City of Dubuque, Iowa, and that the seal affixed to the above instrument is the corporate seal of the City of Dubuque, Iowa, and that said instrument was signed and sealed on behalf of the said City of Dubuque, Iowa, by authority of the City Council of said City, and the said Terrance M. Duggan and Mary A. Davis acknowledged the execution of said instrument to be the voluntary act and deed of said City of Dubuque, Iowa, by it voluntarily executed. Witness my hand on the date las~:~7;?{ IItt2dY&A-r) Notary Public My Commission expires If- d 1.(- q 1 . . ATTACHMENT A a.) Tenant shall have the use of all buildings and structures located on the land leased to Tenant. Any building or structure abandoned by tenants may be removed by Landlord. For the purposes of this paragraph abandonment shall be defined as failure by tenant to maintain the building or structure after written notice by Landlord that the building or structure is unsafe or otherwise in need of repair or maintenance. b.) After the first year of this lease, Landlord may tear down and remove any residential buildings on the property leased after 60 days written notice to Tenant. c.) Landlord shall pay all real estate taxes for the property leased. d.) Tenant shall secure, maintain, and pay for liability insurance for the premises acceptable to Landlord and in accordance with the attached insurance schedule. e.) Tenant shall be responsible for any and all maintenance and repairs on the premises including, without limitation, all roadways and fences. If tenant fails to maintain andy fences necessary to confine livestock, Landlord may undertake such fence maintenance at tenant's expense which shall become additional rent. f.) In the event that any building or structure on the premises is destroyed or damaged, Landlord has no duty to repair or rebuild such structure and shall be entitled to any insurance proceeds resulting from such damage or destruction. g.) Landlord shall prepare a proposed schedule for development of the leased property prior to closing. The number of acres leased hereunder for the first year shall be 295 tillable acres and 93 pasture acres (pasture acres shall be defined as all non-tillable acres). The number of acres leased for any future years shall be determined by said development schedule. The Landlord may in its sole discretion, modify the development schedule, but in such event shall reimburse Tenant only for any crop input expenses incurred by Tenant on acreage which Tenant is required to vacate for development purposes. Any rent paid for acreage vacated shall be refunded to Tenant. h.) Landlord may set off any rent due hereunder against any obligations owed by Landlord to Tenant. qA).~~~ '~ij TENANT CfJ $:f-I Mallor ........J~)tVU......l... -,'-tl~.~JV'~~' . , 'f' t.f' d 1. Any policy of lnsurancc or certllca'c 0 lnsurance require hereunder shall be with a carrier authoJ:'ized to do business in Iowa and a carrier that has received a rating of A or better in the current BeGt's Rating Guide, 2. AnY policy of insurance required hereunder shall provide for a thirty-day notice to the city of any mutedal change or cancellation of the policy pJ:'ior to its expiration date, J. Teni'lnt shall have its insurance agent or company certify in writing that any policy of insurance required herein with an aggregate limit of liability has not been reduced by paid Or reserved claims at the time of issuance of policy or certificate. 4. Tenant shall furnish copies of the following policies to the city, with limits not less than the following, or greater if required by law, and shall also furnish certificates of insurance from all independent contractors or Gubcontractors hired by 'I'p.naD1----_ or any independent contractor or subcontractor hired by the independent contractor or subcontractor, which certificotcs shall provide evidence of coverage for the following with limitG not less than the following, or greater if required by law: COHKERCIAL GENERAL LIABILITY: General Aggregate Li.mit PrOducts-Completed Operation AggJ:'egate Limit personal und Advertising Injury Limit Each Occurrence Limit fire Damage Limit (anyone occurrence) Hedical Payments $2,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000 OR Combined Single Limit Medical Payments $2,000,000 $ 5,000 Coverage is to include: occurrence form, premises/operations/ products/completed operations coverage, independent contractors' coverage, , c,ontract,ua 1 1 iabil i ty, broad form property damage, personal ~nJury, c~ty of Dubuque named as an additional insured with JO days' written notice of change or cancellation. UXllRELLA OR EXCESS LIADILITY:* $ , ',' 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 5th day of September, 2006, 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"): a. 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 1,2010. b. The North Siegert Farm along Middle Road consisting of 129.71 acres tillable. The term of the lease for the North Siegert Farm shall be until March 1, 2008. 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 $116 per acre for tillable acres and $50 per acre for pasture, paid as follows: $ 6,938.32 December 31, 2006 $ 6,938.32 July 1, 2007 $ 6,938.32 December 31, 2007 $ 6,938.32 July 1, 2008 $ 6,938.32 December 31, 2008 $ 6,938.32 July 1, 2009 $ 6,938.32 December 31, 2009 b. The North Siegert Farm: Annual rent of $116 per acre tillable payable as follows: $ 7,523.18 December 31, 2006 $ 7,523.18 July 1, 2007 $ 7,523.18 December 31, 2007 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: LANDLORD: CITY OF DUBUQUE, IOWA By: Roy D. Buol, Mayor ')JjL ~ William Siegert ~.j: ~J . anet Siegert , Attest: Jeanne F. Schneider, City Clerk STATE OF IOWA, COUNTY OF DUBUQUE ss: On this _ day of , 20 _, 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 2 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. passed by the City Council on the ; and Roy D. Suol 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. Notary Public, State of Iowa STATE OF IOWA, DUBUQUE COUNTY ss: On this n day of Q,u~, 2012f, 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. I' "'.' , I'A", ~. 'O.~ "ELlN~A t~:::nEl1BERGER COj;"':I!~~ .~~. 'i,;-r,c-~r 12558 "'1 CC '7'I'~ 11ij, :"', E 1 pi ria ~ 3 CERTIFICATE OF INSURANCE [81 STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois o STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois o STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario o STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida o STATE FARM LLOYDS, Dallas, Texas insures the following policyholder for the coverages indicated below: "An 'A.. A This certifies that '..UIAIU," Policyholder Address of policyholder Location of operations Description of operations SIEGERT,WILLIAM A & JANET 13828 OLDE HIGHWAY RD FARM/RANCH/PERS LIAB.UMB The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms, exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims. POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date : Expiration Date (at beginning of policy period) 95-31-0989-1 F Comprehensive '08/28/06 09/27/07 BODILY INJURY AND Business Liability PROPERTY DAMAGE - - - - - - - - - - - - - - - - - - - ~ -. -. ~ ~ - -- '12:1 Products': 'Co,,;pleted 'Operatio"s" ------------------------ This insurance includes: [81 Contractual Liability Each Occurrence $ 1000000 [81 Personal Injury [81 Advertising Injury General Aggregate $ 2000000 [81 MEDICAL PAYMENTS $ 5,000 [81 FIRE DAMAGES LINIT ( ANY ONE OCCURRENCE) Products - Completed $ 1000000 0 Operations Aggregate POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective Date : Expiration Date (Combined Single Limit) 15-06-2235-3 F [81 Umbrella 08/28/06 09/27/07 Each Occurrence $ 2000000 o Other Aggregate $ POLICY PERIOD Part I - Workers Compensation ' Statutory Effective Date : Expiration Date Workers' Compensation : Part II - Employers Liability and Employers Liability Each Accident $ : Disease - Each Employee $ Disease - Policy Limit $ POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date : Expiration Date (at beginning of policy period) : : THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. Name and Address of Certificate Holder If any of the described pOlicies are canceled before their expiration date, State Farm will try to mail a written notice to the certificate holder 30 days before cancellation. wever, we fail to mail su notice, no obligati9 i1ity . be imposed ate Farm 0 . s presentatives /:':/; / Signature of Atlthorized Representative AGENT Title AGENT Agent Name Telephone Number 563-582/1856 ADDITIONAL INSURED THE CITY OF DUBUQUE INCLUDING ALL ITS ELECTED AND APPOINTED OFFICIALS, ALL ITS EMPLOYEES AND VOLUNTEERS, ALL ITS BOARDS, COMMISSIONS AND/OR AUTHORITIES AND THE BOARD MEMBERS, EMPLOYEES AND VOLUNTEERS. CITY OF DUBUQUE DUBUQUE IA 52001 08/28/06 Date 558.994 a.5 Rev. 11-08-2004 Printed in U.SA Agent's Code Stamp Agent Code 15-3201 AFO COd"D. BAflMHOVER MAFO EAST IOWA TWO 15-3201 F177