HomeMy WebLinkAboutA021 - Phosphorus Reduction Agreement dated April 20, 2017 Instrument p: 2017-03889
04/28/2017 03:56:49 PM Total Pages: 5
00 OTHER
Recording Fee: $ 27.00
Stacie Herridge, Recorder, Story County Iowa
WS Wil MI,V?h 11111
PHOSPHOROUS REDUCTION AGREEMENT
Preparer Information:
Lisa R.Wilson
475 Alice's Road,Suite A
Waukee,Iowa 50263
(515)369-2502
Taxpayer Information:
Story County,Iowa
Administration Building
900 Sixth Street
Nevada,Iowa 50201
Return Document To:
Wilson Law Firm,P.C.
475 Alice's Road,Suite A
Waukee,Iowa 50263
Grantor:
Ames Golf and Country Club a/k/a Ames Golf&Country Club
Grantee:
City of Ames,Iowa
Legal Description:
Lot 35 in The Irons, an Official Plat, Story County, Iowa.
Document or instrument number of previously recorded documents:
N/A
Phosphorous Reduction Allreement
THISn P_ho^s horous Reduction Agreement ("Agreement") is entered into this24-11, day
of f�`�lY,� , 2017, by and between the City of Ames, Iowa ("City") and
Ames Golf d Country Club a/k/a Ames Golf& Country Club ("Property Owners") concerning
Lot 35 in The Irons ("Property").
WHEREAS, the Property Owners acknowledge the Property is currently located within
the county limits of Story County, Iowa but the City intends to annex the Property into the City
of Ames as some point in the near future.
WHEREAS, at the request and direction of the City of Ames, the Property Owners have
developed a plan for reducing the use of phosphorus.
NOW,THEREFORE,the parties agree as follows:
1. Property Owners acknowledge the existence of the Phosphorous Reduction Plan
("Reduction Plan") developed by Ames Golf and Country Club, and benefitting the City
regarding the management and reduction of the use of phosphorus on the Property, a copy of
which is attached hereto as Exhibit "A" and made a part hereof. Upon execution of this
Agreement, Property Owners agree to be bound by the terms and obligations included in said
Reduction Plan and shall become fully compliant no later than May 1, 2019.
2. In the event a breach by a parry of its obligations under this Agreement is not
cured within thirty (30) days following the date of written notice from the other parry to the
breaching party, the non-breaching parry shall be entitled to exercise all rights and remedies
available at law or in equity including, but not limited to, the right to obtain damages (including
attorney fees and costs), restitution, specific performance, and injunctive relief. All rights and
remedies provided for herein or which are otherwise available at law or in equity shall be
distinct, separate, and cumulative, and may be exercised concurrently, independently or
successively in any order whatsoever and as often as the occasion therefore arises.
3. This Agreement may be executed in any number of counterparts, each of which
shall be deemed as original, but all of which together shall constitute one and the same
instrument, and in making proof hereof, it shall not be necessary to produce or account for more
than one such counterpart.
4. This Agreement shall run with the land and be binding upon and shall inure to the
parties and their successors and assigns.
5. Time is of the essence in performance of this Agreement.
EXECUTED the day and year first above written.
City of Ames,Iowa Ames Golf and Country Club a/k/a Ames
Golf& Country Club
By: By:
Its: �' Its: —te j C-e �S
STATE OF IOWA, S. D,A—V COUNTY,ss: nn
T ' instrument was acknowled ed before me on this ?5 'day of �l k 2017, by
the of the City of Ames,I wo a.
o�,$A(.p Jill L. Ripperger (/l`
a Commission Number 146549 Notary Public in and fort e St&of Iowa
*"a* My Commission E fires
-'/�
STATE OF IOWA,COUNTY OF ,ss:
nI^n�This�*nstr ment was acknowledged before me on this day of AV 1'l 1 2017, by
the y�►c2 Pr of Ames Golf and Country Club a/k/a Ames Golf&
Country Club.
0AL s� JILL D. SMITH Notary Pu i in and for the State of Iowa
$ Commission Number 750460
My CQ miss on Expires
a
EXHIBIT"A"
Reduction Plan
s
Phosphorus Reduction Plan
Ames Golf and Country Club
April 1st, 2016
In order to properly maintain our Golf Course with the current irrigation system and current
strain of Blue Grass we apply phosphorus at the following recommended levels:
Greens: 4 Acres = 164 LBS
Tee 's: 2.2Acres =50 LBS
Blue grass Fairways: 24Acres =660 LBS
Sod Farms: 3.5 Acres=100 LBS
Total= 974 LBS
Weather permitting, some years exceed 1,000 LBS of phosphorus due to our poor watering capability.
In order to properly maintain our Golf Course with a proposed new irrigation system and a
proposed new strain of Bent or Low Mow Blue Grass we will apply phosphorus at the following
recommended levels:
Greens: 4 Acres = 30 LBS
Tee 's: 2.2 Acres =30 LBS
Fairways: 24 Acres= 0 LBS O
Sod Farms: Acres= O LBS
Total = 60 LBS
As you can see, the above rates are well below the "allotted" 236LBS AGCC will be
allowed to put down due to the agreement with the City of Ames at the 60% reduction of
phosphorus.
Currently, we believe that 70% of our ground water runoff, including phosphorus residue, is
filtered by our current ponds.
The Reason for the reduction is due to two factors. Bent and Low Mow Blue grass does not
require over seeding which in turn eliminates the need for fertilizer(phosphorus). The other
factor is proper water control due to a new irrigation system. Nick E. Christians, (Professor of
Horticulture at ISU, Author, and multiple award recipient,) has outlined studies showing that
with proper water control you can actually use less fertilizer yet and ensure that 100% of the
phosphorus is consumed by the plant fully eliminating any leaching.
I am confident that the levels listed above are accurate as Veenker went through a similar
conversion process a few years ago and has shared their experience with us. John Newton,
(Veenker Superintendent), has confirmed that has almost eliminated phosphorus.
Future phosphorus amounts will be monitored through Ames Golf and Country Club monthly
and provide logs to the City of Ames upon request. '
Cory Strait
General Manager
Ames Golf and Country Club