HomeMy WebLinkAbout1994-061 Lease - DauenhauerAGRICULTURAL LEASE
Date: July 1, 1995
Between: Blanche Dauenhauer Trust, ("Landlord")
Joe Dauenhauer Sr. Trustee
Jr. - S G . ?ct?t?? aster J ?^
c/o j.b;. Dauenhauer.
349 Wilson Road
Ashland, OR 97520
And: City of Ashland ("City")
20 East Main Street
Ashland, Oregon 97520
1. Description of Leased Property. Landlord leases to City the following described
property (the "Property"):
300 acres located in Township 38, Range 1 E, Section 36, Taxlots 100, 200 and
400.
2. Term of lease. The term of this lease shall commence July 1, 1994, and terminate
June 30, 1999.
3. Use of the Property. City may utilize the Property as necessary to dispose of
wastewater treatment plant sludge. Disposal shall conform to DEQ regulations.
4. Consideration. The rental to be paid by City shall be $6,000 per year in arrears
with the first payment due July 1, 1995. City shall also maintain the road to the
disposal sites on the Property. Grading by the City shall be limited to not more than
twice a year.
5. Use by Landlord. Landlord may farm, cultivate, maintain, and operate the
Property consistent will 1 the use by Vity. Landlord s iali r alit fr or it practices that will
cause restrictions on City's use.
6. Taxes. Landlord shall pay all the real property taxes levied on the Property.
7. Indemnity. City shall indemnify Landlord from any claim, loss, or liability arising
out of or relating to any activity of City on the Property.
8. Default; Remedies.
8.1. The following shall be events of default:
8.1.1. Failure to pay the rent when due.
8.1.2. Failure of City or Landlord to comply with any other term or
condition, or fulfill any other obligation of the lease within 30 days after written
notice by Landlord or City, as the case may be, specifying the nature of the
default with reasonable particularity. If the default is of such a nature that it
cannot be completely remedied within the 30-day period, this provision shall be
complied with if City or Landlord, as applicable, begins correction of the default
within the 30-day period and thereafter proceeds with reasonable diligence and
in good faith to effect the remedy as soon as possible.
8.1.3. Abandonment by the City of the Property.
8.2. In the event of default by City, Landlord shall have the right to re-enter,
take possession of the Property, and remove any persons or property by legal action
or by self-help with the use of reasonable force and without liability for damages.
Such right shall be cumulative and in addition to all other remedies available to
Landlord under applicable law.
8.3. In the event of default by Landlord, City shall have the right to specifically
enforce the rights under this lease in addition to all other remedies available to City
under applicable law.
9. Covenants of Title. Landlord covenants that Landlord has full right and authority
to lease the Property and will protect City from all other claimants.
10. Assignment and Sublease. City may not assign this lease and may not
sublease all or any part of the Property without Landlord's prior written consent.
11. Successor Interests. Subject to the limitation on assignment by City, this lease
shall be binding upon and inure to the benefit of the parties, their successors, and
assigns.
12. Nonwaiver. Failure by either party at any time to require performance by the
other of this lease shall in no way affect such party's right to enforce any lease
provisions; nor shall any waiver of any breach be held to be a waiver of any
succeeding breach or a waiver of this nonwaiver clause.
13. Representations and Warranties. City accepts the Property in its present
condition, AS IS, without any representation or warranties, express or implied, except
as otherwise set forth in this lease. It is understood and agreed that City has
inspected the Property, and that City has made its own determination of the value of
the Property.
LANDLORD CITY
Blanche Dauenhauer Trust
Joe Dauenhau-er Sr. Trustee City Administrator /
C I T Y O F A S H L A N D
August 11, 1995
Blanche Dauenhauer Trust
Joe Dauenhr uer Sr. Trustee
c/o J. G: Dauenhauer Jr.
349 V1Filson Road
Asand, OR 97520
RE: Agricultural Lease
C I T Y H A L L
ASHLAND, OREGON 97520
telephone (code 503) 482-3211
For your records, attached is a fully-executed copy of the agricultural lease, dated July
1, 1995, between Blanche Dauenhauer Trust, Joe Dauenhauer Sr. Trustee, c/o J. G.
Dauenhauer Jr., 349 Wilson Road, Ashland, OR 97520, and the City of Ashland.
CITY ATTORNEY'S OFFICE
Sharlene P. Stephens, ALS
Legal Assistant
Attachment
c: Dennis Barnts, Water Quality Supervisor (w/copy of lease)
Barbara Christensen, City Recorder (w/original lease)
(sAdauenhau.ty)