HomeMy WebLinkAboutA038 - Hearing on 30-year lease agreement with Ames Youth Sports Complex, Inc. for City property located south of U.S. Highway 30 and west of the South Skunk RiverITEM #:39
DATE:03-11-25
DEPT:ADMIN
SUBJECT:LEASE AGREEMENT WITH AMES YOUTH SPORTS COMPLEX, INC.
COUNCIL ACTION FORM
BACKGROUND:
In 1994, the City leased a property west of the South Skunk River and south of U.S. Highway 30
to Ames Youth Sports Complex, Inc. (AYSC), which represents several separate non-profit youth
sports groups. The property was then developed into the Hunziker Youth Sports Complex. The
property is furnished to AYSC in consideration of the organization providing a youth sports
program for the community. This programming provides recreational opportunities and
enhanced well-being for Ames residents. The availability of such recreational amenities and
improved well-being, in turn, enhances the economic development of the community by making it
more likely that businesses and their employees will be attracted to locate in Ames.
A separate lease was entered into in May 2002 on the same terms as the original lease, but for an
adjacent portion of the City property. This created the area that is today occupied by the complex. Both
leases expire on February 28, 2025.
In fall 2024, staff approached AYSC representatives to discuss a new lease. A team of City staff from
the City Manager's Office, Parks and Recreation, Planning and Housing, and the Water & Pollution
Control Departments reviewed the existing leases and proposed suggestions for a successor lease
agreement. The City Attorney's Office has prepared a single lease that would replace the two separate
leases that currently exist.
The new lease would extend from March 1, 2025 through February 28, 2055. The agreement
maintains a number of the terms from the original two leases, but revisions have been included to
reflect changes that have occurred on the site since 1994. The new lease also clarifies certain
expectations, including:
1. Expectations regarding site development, including the need to receive advance City approval for
physical improvements to the site. A note is included that some improvements may require a
flood plain development permit.
2. A clearly defined line of responsibility for maintenance of the access road, and language
reflecting the actual location of the access gate that was installed in the past ten years.
3. Acknowledgement of the adjacency of the site to the river and water wellfield, and agreement to
store chemicals appropriately and apply pesticides and fertilizers in accordance with certain
stated best practices.
4. A reservation of the City's rights to use the property for water utility activities, crossings of the
Skunk River Trail, and the Urban Deer Hunting program.
In addition to these modifications, the site plan for the property has been revised and attached to the
agreement. The site has developed differently than the adopted site plan from 1994, so the revised site
1
plan reflects the site's actual development and potential future development.
Because the term of the lease is for longer than three years, a public hearing must be held before
considering approval. The text of the lease is attached. Signed copies have been returned by a
representative of the Ames Youth Sports Complex and the lease is now presented for City
Council approval.
ALTERNATIVES:
1. Approve the attached 30-year lease agreement with Ames Youth Sports Complex, Inc. for City
property located south of U.S. Highway 30 and west of the South Skunk River.
2. Refer this item back to staff for further information.
3. Do not approve the attached lease.
CITY MANAGER'S RECOMMENDED ACTION:
During the past 30 years, the City's arrangement to provide land to Ames Youth Sports Complex,
Inc. has allowed the organization to facilitate quality sports programs for thousands of youth in
the Ames community. This programming is of a scale that could not be economically provided
directly by the City, resulting in a significant value from using property that would otherwise be
difficult to develop. The lease will result in providing recreational opportunities and enhanced
well-being for Ames residents. The availability of such recreational amenities and improved well-
being, in turn, enhances the economic development of the community by making it more likely
that businesses and their employees will be attracted to locate in Ames. The proposed lease
provides the property to Ames Youth Sports Complex, Inc. for an additional 30 years, updates
the lease to reflect the current condition of the property, and includes several clarifications for
the future. Therefore, it is the recommendation of the City Manager that the City Council approve
Alternative No. 1, as described above.
ATTACHMENT(S):
Lease w AYSC w Exhibits.pdf
2
Page 1 of 7
S P A C E A B O V E R E S E R V E D F O R O F F I C I A L U S E
Legal description: See page 2.
Return to: City Clerk, 515 Clark Avenue, P.O. Box 811, Ames IA 50010
Prepared by: Mark O. Lambert, City Attorney, 515 Clark Ave., Ames, IA 50010 – 515-239-5146
LEASE AGREEMENT
(CITY OF AMES - AMES YOUTH SPORTS COMPLEX, INC.)
THIS LEASE, made and entered into this day of , 20 ,
by and between the CITY OF AMES, IOWA (hereinafter called “City”); and AMES YOUTH
SPORTS COMPLEX, INC., and Iowa non-profit corporation (hereinafter called “Lessee”),
W I T N E S S E T H T H A T :
WHEREAS, the Ames Youth Sports Complex, Inc., has constructed facilities that support
youth sports upon City property located South of Highway 30 and to the West of the Skunk River,
upon which young persons have participated in games of baseball, softball, and soccer at this
location since 1994.
WHEREAS, the Ames Youth Sports Complex, Inc., has operated said facilities for the use
and benefit of other non-profit corporations, including Ames Girls’ Softball, Ames Youth Baseball
Association, Inc., and the Ames Soccer Club; and,
WHEREAS, the City and Ames Youth Sports Complex, Inc. have entered into two prior
lease agreements governing the use and operation of portions of the City’s property at said location,
the first dated November 22, 1994, and filed as Instrument No. 94-12738, and the second dated
May 28, 2002, as Instrument No. 02-07914; and
WHEREAS, the Ames City Council has determined that leasing said City property to the
Lessee has a public purpose in relieving the burden on existing City facilities, transferring
administrative burdens associated with running youth sports programs, sharing maintenance
responsibilities, and enhancing and increasing recreational opportunities available to the youth of
the City; and
3
Page 2 of 7
WHEREAS, both original leases are set to expire at midnight on the 28th day of February,
2025, and the Parties desire to extend their partnership as set forth in this Agreement.
NOW, THEREFORE, in consideration of the premises, the parties hereto have agreed and
do hereby agree that the City shall lease to Lessee, and the Lessee shall lease from the City, all that
land located in the City of Ames, Story County, Iowa, roughly described as:
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 13, TOWNSHIP 83 NORTH, RANGE 24 WEST, OF THE 5TH P.M.,
STORY COUNTY, IOWA, AND ALL THE LAND SOUTH OF U.S. HIGHWAY
30 IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 13, EXCEPT THE WEST 150 FEET AND EXCEPT THE
EAST 82.5 FEET OF SAID NW ¼ OF THE NW ¼, AND AN IRREGULAR
SHAPED TRACT OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT
THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 13; THENCE N89°33’30”W, A
DISTANCE OF 82.50 FEET; THENCE N00°05’30”W, A DISTANCE OF 284.30
FEET; THENCE N84°46’30”E, ON THE SOUTH RIGHT-OF-WAY OF
PRIMARY ROAD NO. U.S. 30, A DISTANCE 484.60 FEET TO THE SKUNK
RIVER; THENCE S29°55’30”E, A DISTANCE OF 152.30 FEET; THENCE
S11°19’00”E, A DISTANCE OF 136.41 FEET; THENCE S05°56’36”W, A
DISTANCE OF 607.00 FEET; THENCE S11°13’29”E, A DISTANCE OF 1012.80
FEET; THENCE N75°11’29”W, A DISTANCE OF 413.27 FEET; THENCE
S24°54’48”W, A DISTANCE OF 275.78 FEET; THENCE S37°59’22”E, A
DISTANCE OF 531.90 FEET, THENCE S60°07’51W, A DISTANCE OF 466.86
FEET; THENCE N32°15’28”W, A DISTANCE OF 713.64 FEET; THENCE
S50°49’51”W, A DISTANCE OF 512.27 FEET; THENCE N47°31’54”W, A
DISTANCE OF 294.49 FEET; THENCE N00°43’00”E, A DISTANCE OF 586.66
FEET; THENCE S89°33’30”E, A DISTANCE OF 984.00 FEET TO THE
SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 13; THENCE N00°17’00”W, A
DISTANCE OF 1320.00 FEET TO THE POINT OF BEGINNING.
[Note: Description is an approximation, and land was not surveyed for this lease].
all as depicted on Exhibit ‘A’ attached hereto and by this reference incorporated herein and made a
part hereof as if fully set out, the Lessee to have and to hold said land without disturbance in
accordance with the following terms and conditions of this lease to wit:
1. Term of Lease. The term of this lease shall be thirty (30) years, commencing on the
1st day of March, 2025, and ending at midnight on the 28th day of February, 2055, unless earlier
terminated by operation of the provisions of this Agreement. This lease may be renewed or
extended by mutual agreement.
2. Rental. There shall be no money payments due or owing under this lease. The full,
complete, and satisfactory consideration for this lease shall be and is the promise of the Lessee,
herein and hereby made to:
4
Page 3 of 7
a. Maintain a youth sports facility as described and specified in the Master
Plan attached hereto as Appendix A, in accordance with the phases and time schedules stated in
the said Master Plan, with no addition, change, or deviation unless approved by the City.
b. Administer and conduct quality youth sports programs of softball, baseball,
and soccer for persons under the age of 19, and administer and conduct training programs for youth
and adult officials and coaches.
c. Permit the use of the said sports facilities by the City, free of rental charge,
for City youth recreation programs at such times as when not in use for the programs of Lessee.
The time of use shall be scheduled through Lessee. The City will pay any actual costs of
preparation and restoration for damage exceeding normal wear and tear, pertaining to City use.
3. Construction of Improvements. The construction or modification of any
improvements (including but not limited to buildings, structures, utilities, roads, parking areas,
sidewalks, bicycle paths, stormwater features, or natural areas) shall be in accordance with plans
and specifications approved in advance by the City. Lessee agrees to comply with all local
construction and fire codes, and to obtain any permits and inspections required by said codes.
Lessee understands that certain activities on the property, including but not limited to those
described above and activities such as grading or excavation may require Lessee to obtain a Flood
Plain Development Permit prior to commencing work. Lessee agrees that any improvements
installed without the City’s advance approval may be removed by the City and costs for removal
and restoration billed to Lessee.
4. Access Road. A paved access road exists to and into the leased premises. The
Lessee has installed a lockable barrier gate where the access road enters the athletic field area,
approximately 160 feet south of the U.S. Highway 30 right-of-way.
a. The City shall be responsible for patching of the access road from Billy
Sunday Road up to the barrier gate. The City may perform snow and ice control on this portion of
the access road in its sole discretion. Nothing in this agreement requires snow and ice control to
be performed by the City.
b. The Lessee shall be responsible for the maintenance of the barrier gate and
for the maintenance of the access road as it extends into the premises from said barrier gate. Lessee
shall maintain its portion of the access road at its sole expense, and to the same standards as
established by the City for asphalt surface streets. The Lessee may perform snow and ice control
on this portion of the access road in its own discretion. Nothing in this agreement requires snow
and ice control to be performed by the Lessee.
c. The City shall be provided working and operable keys and/or codes for the
barrier gate and shall have the right to enter the premises at any time, with or without notice, to
access water wells or any other City infrastructure. Lessee shall at all times allow public access to
the access road from Billy Sunday Road up to the access gate, and on the Skunk River Bike Trail
adjacent the U.S. 30 right-of-way. The City may perform snow and ice control on Lessee’s portion
of the access road as necessary to access water wells or other City infrastructure. The City shall be
5
Page 4 of 7
responsible for costs to repair any damage caused to the premises by the City arising out of such
access.
5. Land Leased As-Is. The City shall make no improvements to the leased premises
and shall not have any obligation to make any repairs or improvements to the facility site. It is
understood and agreed that the leased land is the location of conduits and other apparatus
pertaining to the City water and water pollution control utilities. The Lessee shall compensate the
City for any damage to City utility facilities caused by the Lessee or its patrons or attendees. It is
understood that the leased land is not well drained in some places. The City shall have no obligation
to fill or drain any part of the leased property. The land is floodway, and the City shall have no
obligation to repair or compensate for any damage from flooding on the property. Lessee shall
hold harmless and indemnify the City from any and all flooding or water damage to Lessee’s
property.
6. Destruction of Improvements. In the event that the improvements existing or
hereafter constructed on the property shall be wholly or partially destroyed or damaged by wind,
fire, flood or other occurrence to the extent that Lessee cannot perform the promises contained in
paragraph 2(a), (b), and (c) above, and the Lessee does not make repair or rebuild within one year
from said occurrence, the lease shall terminate and possessory rights in the real property shall
revert to the City. The City may, upon request of Lessee, grant additional time for repair or
reconstruction.
7. Failure or Inability to Devote Property to Specified Use. In the event Lessee fails
or is unable, for any reason other than that specified in paragraph 6 above, to devote the leased
premises to the use specified in paragraph 2(a), (b), and (c) above, for any unreasonable length of
time not to exceed one year, this lease shall terminate and possessory rights in the real property
shall revert to the City. The City in its discretion may, upon request of Lessee, grant an extension
of time upon a showing by Lessee of good faith progress toward satisfaction of the obligations of
Lessee hereunder.
8. Land Stewardship. Lessee agrees to conduct its activities on the premises in an
environmentally responsible manner, and to take due care in its land management practices owing
to the proximity of the South Skunk River and a public water supply system wellfield to the
premises.
a. Lessee shall:
i. Transport, store, and use all fuels, lubricants, paints, fertilizers,
pesticides, or other substances on the premises in accordance with manufacturer recommendations
and applicable environmental laws.
ii. Employ equipment and procedures so as to minimize the risk of
leaks, spillage, or over-application of such substances.
iii. Minimize erosion and loss of topsoil on the premises.
6
Page 5 of 7
iv. Ensure all applications of pesticides are completed by a pesticide
applicator certified by the state of Iowa.
v. Not apply fertilizers containing phosphorus to the premises, unless
prior written approval has been obtained from the City.
vi. Not apply any fertilizer, pesticide, or any other substance within 200
feet of the City’s water wells.
b. On or before December 31 each year, Lessee shall provide a report to the
City’s Director of Parks and Recreation regarding the application of pesticides (including but not
limited to herbicides, fungicides, insecticides, rodenticides) and fertilizers on the premises in that
year, which report shall describe:
i. The names and certification numbers of individuals who have
applied any such pesticides or fertilizers, and
ii. The dates of applications, the products applied, the application rate,
size of the treated area, and the total amount applied.
9. Termination. Within thirty (30) days of the expiration or termination of this
Agreement, Lessee shall remove all vehicles, equipment, materials, and supplies not of a fixed
nature from the premises. Any items thereafter remaining on the premises, and all improvements,
shall become the property of the City, and the City shall not owe Lessee any compensation for said
remaining items or improvements.
10. Contractor Bond and Lessor Approval. Lessee shall not permit construction of any
improvement on the leased property without a performance bond by the contractor and prior
approval by the City of all architectural, grading, engineering, and landscaping plans. The City
may waive the requirement for a performance bond in its sole discretion. The provisions of this
lease agreement notwithstanding, Lessee shall meet any and all federal, state, or municipal
regulatory requirements pertinent to Lessee’s development and use of the leased land.
11. Liability. Lessee agrees to hold harmless and indemnify the City and its officers
and employees in their official capacities, from any and all damages or claims, including financing
liens, arising directly or indirectly from any use to which Lessee puts the leased property or any
activity, including construction of any building or other facility, occurring on the property.
Damages occurring to crops, fences, or other property of the City or its tenants during Lessee’s
construction, repair, subsequent maintenance, or use of any facility on the property shall be
promptly compensated for by Lessee. Lessee shall maintain commercial general liability
coverages, naming City as an additional insured, in an amount not less than $2,000,000 combined
single limit, and automobile and workers’ compensation coverages if required by the laws of the
State of Iowa.
12. Reservation of Rights. City reserves to itself the right to cross the leased property
with and to install, maintain, and modify any and all wells, pipelines, cables, and other apparatus,
7
Page 6 of 7
whether aboveground or underground, to accommodate the utility services of the City. The City
agrees that such installation, maintenance, or modification shall be conducted in a manner
reasonably calculated to minimize interference with activities of Lessee on the property. City
reserves the right to develop future extensions of the Skunk River Bike Trail on the leased premises
and for the public to access such extensions at all times. City agrees to consult with Lessee
regarding routing, timing, and the manner of construction of such extensions. The City reserves
the right to designate a portion of the leased premises as an Urban Deer Management Zone and to
permit appropriately licensed hunters to access the premises and conduct deer hunting activities in
accordance with adopted City policies regarding Urban Deer Hunting.
13. Taxes. Lessee shall pay any and all taxes that may become assessed and payable
with respect to the leased land and improvements.
14. Assignment. This Agreement shall be binding upon successors and assigns of the
Lessee. Lessee shall not assign its rights in this Agreement without the written consent of the City.
15. Eminent Domain. Lessor has not received any notice from any other governmental
authority as to condemnation proceedings. To the extent that any future governmental authority
proposes to exercise eminent domain over all or a portion of the real property, Lessor and Lessee
agree that Lessor shall be the sole party to negotiate with the other governmental authority and
shall be the sole party entitled to compensation from the other governmental authority.
16. Notices. Except where this Agreement indicates otherwise, all notices and demands
hereunder shall be in writing and shall be delivered or mailed:
If to Lessee, to: If to Lessor (City), to:
Matthew R. Lewis City of Ames, IA
800 Billy Sunday Road Attn: City Manager’s Office
Ames IA 50010 515 Clark Avenue
Ames, IA 50010
IN WITNESS WHEREOF, the parties hereto have caused this lease to be signed and
sealed by their duly authorized representatives as of the date first above written.
8
Page 7 of 7
LESSOR: CITY OF AMES LESSEE: AMES YOUTH SPORTS
COMPLEX, INC.
By: By:
John A. Haila, Mayor Nathan Haila, President
Attest:
By:
Renee Hall, City Clerk
STATE OF IOWA
COUNTY OF STORY
ss:
This instrument was acknowledged before me on , 2025, by John A.
Haila and Renee Hall, as Mayor and City Clerk, respectively, of the City of Ames, Iowa.
Notary Public in and for
Story County, Iowa
STATE OF IOWA
COUNTY OF STORY
ss:
This instrument was acknowledged before me on , 2025, by Nathan
Haila, as President of Ames Youth Sports Complex, Inc.
Notary Public in and for
Story County, Iowa
9
10
Parking
Parking
Pa
r
k
i
n
g
Baseball
Maint. Shop
Baseball
Baseball Baseball
Baseball
Soccer
Soccer
Soccer
Conc./
Restroom
Baseball
Baseball Baseball
Baseball Soccer
Soccer
Soccer Soccer
Soccer
Soccer
Soccer Soccer Soccer
Soccer
Soccer Soccer
Gate
Well
Well
Well
Well
Well
S
o
u
t
h
S
k
u
n
k
R
i
v
e
r
U.S. Highway 30 ROW
FEMA Flood Hazard
Area Boundary
HUNZIKER YOUTH SPORTS COMPLEX
MASTER PLAN (“APPENDIX A” TO LEASE AGREEMENT)
800 BILLY SUNDAY ROAD & 605 BILLY SUNDAY ROAD REAR
AMES, IA 50010
Prepared: February 11, 2025
Access Road
Open Space
Pa
r
k
i
n
g
Parking
Pa
r
k
i
n
g
11