Title/Name/Summary
Stellwagen Farm - Farming Agreement
History
On December 19, 2002, the village became the owner of the 60-acre Stellwagen farmstead located at approximately 17800 South 108th Avenue as an Open Lands Acquisition. The purchase price was $6 million.
Many conditions and covenants of the sale are outlined in the original offer to purchase the Stellwagen Farm real estate.
• Harwood Stellwagen retains a life estate in the residence located on the property, and approximately ten acres surrounding the residence
• The property shall forever bear the name “Stellwagen Farm”, or as otherwise mutually agreed, and that a memorial, first approved by the Stellwagens as to the sign verbiage, shall be erected on the property by the village bearing the Stellwagen name.
• The property is required to remain devoted to historical farm, open prairie and farm-related educational purposes. The property can not be sold, rented, or leased for something other than such purposes and organized sports is not permitted on the property.
• The village created the Stellwagen Family Farm Foundation (SFFF) steering committee consisting of five members, two of whom are members of the immediate family of Harwood Stellwagen.
• During a transitional period of two years from the date of closing (12/18/02), Jim Stellwagen continued to farm the property, rent free.
An extension of that free period was granted on April 25, 2007, when a lease was accepted by the village and Jim Stellwagen which gave Jim Stellwagen the right to farm the property for a one year period, rent free. The conditions of this lease include the following:
• Cut and keep down all weeds
• Not install any fencing without obtaining prior written approval of the village
• Not remove any top soil, change ground level, commit waste of any kind, alter the natural water drainage, or create any water drainage problems for adjacent property owners
• Not allowed to grant permission to anyone for any recreational or sporting purposes
• Protect at all times, all boundary markers and monuments presently located on the premises or which the Lessor may erect on the premises during the term herof
• Not install or operate irrigation or sprinkling system without prior written approval from the village; or transport any irrigation parts thereof upon the Leased Premises
• Not place any signs or advertising billboards on the premises
• Not allow any vehicles, machinery or equipment to be parked on the premises (except for farm machinery)
• Comply with all applicable environmental statues, ordinances, rules, and regulations issued by any environmental agency relating to the Lessee’s use of Lessor’s property. If any alleged or actual violations occur, the Lessee will reimburse Lessor for all costs incurred by Lessor.
That lease expired and Mr. Stellwagen was asked not to farm in 2008, however, he did plant crops that season. Recently, Mr. Stellwagen again approached the village and the Stellwagen Family Farm Foundation about rental.
In this area, farm leases are generally rented on a dollar amount per farmed acre per year. The Village Attorney has updated the 2007 farm lease to include a payment of $75 per tillable acre (approximately 45 acres). The terms and conditions of this lease agreement match those of the April 25, 2007 agreement with the addition of the payment provision. The Stellwagen Family Farm Foundation has requested that the $3,375 generated from this agreement go to the fund that maintains the farm.
Attached is the agreement drafted by the Village Attorney for your review and consideration.
Financial Impact
Additional $3,375 to the Stellwagen Family Farm Foundation fund
Recommended Action/Motion
I move to approve the farm lease agreement with Jim Stellwagen for the year 2009 and authorize the Village Manger to execute the agreement.