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Home My WebLink About1997-038 Lease - Anderson Office of the City Attorney (541) 488-5350 CITY OF ASHLAND 20 East Main, Ashland, OR 97520 (541) 488-5311 - Fax May 2, 1997 Ron And on 280 hington Road E e Point, OR 97524 RE: Lease Agreement - April 15, 1997, through April 14, 1998 I have enclosed an original of the lease agreement entered into on April 15, 1997, between you and the City of Ashland in which you are leasing property from the city for a term beginning on April 15, 1997, and ending at midnight on April 14, 1998. This original is for your records. The second original is on file with the Ashland city recorder. CITY ATTORNEY'S OFFICE ~(~ Gdt;J~tJ{JS Sharlene P. Stephens, ALS Legal Assistant Enclosure c: Barbara Christensen, City Recorder (p :daily\anderson .1t21 E"Mail Addresses: paul@ashland.or.us * sherfene@ashland.or.us Received from For CITY OF ASHLAND ~~tJ ~~~ Date Cash 36218 L{ - g.4 -'\1 o 'ffi -t\ 19-~o Amount By Account Number \ ~ <:...[, i Check Account Number ---.--- ---.--- ~5 t.\L _1lL1Q .00 Amount ---"--- ___0__- ---"--- ---"--- =:::::::::::: rR, ,lli (c; [~';i -', ~I '__H' , ---"--- !~!.+: 2 4 I 7 0__- - ------- '-------_._----_.._~--- ---.--- ---.--- ---.--- TOTAL $ 5500 -cx:J 050_ ---. - ,,', . '. ' &0 .'-.~--1 '. !. ~----..- ~'a .Ril .'JIfi\~e.~~j ~.<t fJlifi~.~] -~"""""i'Jf: I..~.-t{.! -)j~.J.4J..-~... .~r~:at;,.)I.. ,..,.--.,-~.,.~~-...,~~.-.-.~.~..,.!"'- _J ~ ,. ". ,,'., "._' ,.91'.'1],"., _'. 'u~JI_. ,. '. _ LEASE Agreement made as of April 15, 1997, by the City of Ashland, Oregon, ("City") and Ron Anderson, 280 Worthington Road, Eagle Point, Oregon, ("Tenant"). City, in consideration of the sum of $11,000, leases to tenant the real property described on the attached Exhibit A for a term beginning on April 15, 1997, and terminating at midnight on April 14, 1998. City and tenant agree as follows: 1. $5,500 rental shall be paid on or before the execution of this lease. $5,500 shall be paid on or before June 15, 1997. Tenant shall pay interest at the rate of 10% per annum on the $5,500 after due date until paid. 2. The tenant will not use the lands described above other than for cattle pasturing, cattle feeding, and hay raising. 3. The tenant will not assign this lease, or any interest therein, and that neither this lease, nor any interest therein of tenant's, shall be assignable or transferable in proceedings by or against tenant in execution, bankruptcy, insolvency, or in any other manner, or by operation of law. 4. The tenant shall, at tenant's own cost and expense, irrigate these premises to the best of tenant's ability; however, that City shall pay the irrigation assessment. 5. The Tenant shall not cut nor allow any other person to cut or carry off from these premises any tree or wood, nor burn any stubble, grass, weeds, or any substance growing upon these lands, or any part thereof, without first having obtained the written consent of City; and tenant expressly covenants and agrees to hold City free and harmless from all damage caused by fire resulting from the use or operation of these lands by tenant, or any of tenant's servants or employees; and agrees that any damage done to any canal, ditch, bridge, or culvert upon these lands by tenant, or any of tenant's servants, agents, or employees, shall be repaired by tenant at tenant's own cost and expense. 6. Tenant will keep and maintain all fences, upon these premises, or which may be placed thereon during stated term, in as good order, condition, and repair as they are now in, damage thereto by elements excepted. 7. Tenant further agrees that, in the event tenant shall not well and truly keep and perform, time being made the essence hereof, tenant shall forfeit unto City all rights to further occupancy of these lands, or any part thereof, and agrees that it shall be lawful for City, at City's option, without any legal process of warrant, to re-enter upon these premises and remove all persons therefrom and hold these premises without interference on the part of tenant and tenant agrees that, in such event, this lease shall be terminated and the tenant shall not be entitled to any rights thereunder. PAGE 1-LEASE (p:real\anders97.1se) 8. In the event City waives any rights herein reserved or waives the performance of any covenant to be kept and performed by tenant, expressed or implied, or any breach thereof by tenant, such waiver shall not be construed to be a waiver of any subsequent breach of a like or other covenant. 9. Upon the expiration of this lease, or any earlier termination thereof, tenant will yield up possession of these premises unto City, or City's agents or assigns, in as good order and condition as reasonable use and wear will permit, damage by the elements excepted. 10. Tenant accepts this lease and agrees to fulfill all covenants and conditions on its part to be kept and performed, and enters upon these lands with full knowledge of the condition of its roads, soils, canals, sloughs, fences, wells, pumps, pipes, tanks, troughs, bridges, culverts, and other improvements; and agrees that in no event shall City be held liable for damage by flood, water, fire, or from any other cause whatsoever. Tenant further covenants and agrees to indemnity and save harmless the City from any and all such damage or injury out of its operation of the premises; and tenant further agrees that it will not do nor will it permit to be done any act or thing upon these premises, the improvements, or the ditches on, upon, or adjacent to these premises which will, in any way, injuriously affect the strength or stability of these improvements, or of these ditches, upon or around these lands, or impair the usefulness thereof. 11. In the event of an appeal from a judgment or decree in any suit or action necessary to enforce any of the terms hereof, or conditions of this agreement, the prevailing party shall be entitled to sums as the court may adjudge reasonable as attorney fees in the suit or action. In the event of an appeal from a judgment or decree in any suit or action necessary to enforce any of the terms hereof, or conditions of this agreement, the prevailing party shall be entitled to sums as the court may adjudge reasonable as attorney fees in such an appeal. 12. City agrees that tenant, paying and delivering the rent and performing the covenants and agreement in this lease on the part of the tenant to be performed at all times during stated term, shall peaceably and quietly have, hold, and enjoy the premises without any suit, trouble, or hindrance from City. 13. Notwithstanding any other provision in this lease, City, its employees, agents, consultants and contractors, shall have the right to go upon the property to test, survey, examine and improve, including but not limited to collecting soil samples through borings or test pits; installing, maintaining and sampling ground water; monitoring, excavating, constructing, maintaining and operating irrigation systems; and performing any other investigations, analyses or assessments with respect to the property and its intended use by the city that may be necessary or appropriate. City shall have no liability because of, or as a result of, the activities described in this paragraph that might affect tenant's use of the property. PAGE 2-LEASE (p:real\/tnders97.1se) 14. This lease shall bind and inure to the benefit of the parties, their heirs, successors, and assigns. 15. Time is expressly made of the essence of this agreement. TENANT: //1 .9/Lrr7 ~.{A<l.rY> Ron Anderson 280 Worthington Road Eagle Point, OR 97524 ( DATE: i/~/c;? { f CITY: //?~;__ I ~ /~ L. Almquist City Administrator DATE: Lf .,,)../ - 9 7 PAGE 3-LEASE (p:rIl81\/tndllrs97.1slIl - --- CITY OF ASHLAND Office of the City Attorney (541) 488-5350 20 East Main, Ashland, OR 97520 (541) 488-5311 - Fax April 16, 1997 Ron Anderson 280 Worthington Road Eagle Point, OR 97524 RE: Bid for Lease of Property We received two bids for the grazing lease on the Imperatrice property; your bid was the winning bid. I have attached duplicate originals of the lease agreement running from April 15, 1997, until midnight on April 14, 1998. Please review, sign, and return both originals to my office. Once I have obtained the city administrator's signature, I will return one original to you for your records. Also, please submit a check payable to the City of Ashland for half of the lease amount ($5,500) at the time you return the lease. The remaining $5,500 will be due on or before June 15, 1997. Z~N&- City Attorney Enclosures 11:\endenon.1t21 E-Mail Addr__: 1*JI@8IhIand.or.UI 4>> Ih......e@_hl8nd.or.UI - ,- ~, /) I ~ /0/ /997 ~1..- (}/nC~L- 2J1o u)o-U;h"~F tN. ~ ?J~~ (),.pg. 976-';(Y ~ oj; {Wdad- c20 f ' 7/?eU~ x:/t;.. aMLa~, O~S' 975.;20 (!ft; ~ : 4,tL ~, C4 tlt1iY7/n~ IlL- ~ ~~ ~d JMj ~ ~ ~d. ~ ~~ -J:l?~ ~/~d~ ~ ~ {l.ahlaxd.., ';/I,M~'OO r :997 ;;&~. ~ ~ ~ ,.PnhAb2:UcL- "L/YUA..l/Y2.LU.':'>;? r- .~ ~bsu~,~ ~ aX -2/zu ,,<:>~ ~. ~f)J2CLLl-6 ha~cL ~ ~ r?~~ J),i~ho-Uvd.- ~ r ,~~ ftL do ~' (l ~F ~ ~ ~;tA,b'V ."Z.~ ,-,Q ~d.- ~2./u.- (:)1j 1J Q~a~')td." ~..LVdL ~ ~ ~ .zJu-d ~ ~ fi _.{/I[J.{!.r,J./ _,~/U1.:~ ."l~ flW:t___. -d:?~d.. ~fUAa~1 ~f~ -1~~ JL:> '7'YYto ~1~Z;~ x!:i~/:'}1d--, .d-CU/?d2-0 ~ vaL flu.,..v -LvY;~ ~~ O--b-eady. fi-Le'LA4.Pd- -Lb6 --jJAlc P 'J;- ~~ hu.Ll'_ /~ O?-l-. ~~ ~A::.~/ _ ~___ aa. -L~ ~ .:i.lu~ .--L.tJ-' /0 ~ 01~@ ~ DJi ~ 1])1. .-b-LtL._o-t~ ~.:zuXJ ~. 11\ \' " APR I 4 1991 : ' .. ----l '\. IV I i\" I ,J UI I -- L. ....-... ..._.~--_._--_..-". - .-.. M.- ~{:..- ~LLfdya ~~....cL .,.;b J.u.-v:> y.~ ~'~-fI~ ~Q??-.> ~/}UJ ..LD ~c;L, J.h.u ~ ~.{'9"'J4/ AA-- ~I.. ~ p-.b~ .~ C2/Yl.~ ~ ~?~~ ~~~4 TI D. t1~f1:L ~_.~ ~ ~ ./?7'.LLl?tt;u~~ ~ nv -PX-- a..... ~.~ ,(}L)..:tbL ~.j"u .~LJ ~R-.. .ft2~ ~ ~ ~_ ~, LLk.. ~ (1- ~o-!~ ~L ~~ ~ ~ a~~!" ~- . '- C2 ~~ ..cuuuu- ~ ,.-t.kt:. J2 (MX-/ ~ ~ --t~.~ ~ ~ ~ .~ t1ty:J Odd$?tL ~~. '-..Q --tu'&'ul-<:L ft.- ~ f~ ~ h ~ o-'L .~~ ,a,,~- tYliuu ~~ .;;Lhd ~ --I~ ~A~cL ~ ~ J1 ~ A-tI~ ..,;:{~ ~. ~~~h ~~~.~a~ ~~.~~ ~ ~~d-. ~O- ~ ~b~ .../~ P ~~~. \()j<.-YYld'cL ~ ....t~h ~ ~ h A-l_fJ.lo..d.- ~~ ~ .a:L ~Ju~ ...:ti~;'?-U 'if .~~ ~ ~~ L ~ rd.. .A .4U-1!..-- ~ ~aLL..1 .~~ 6-:n-- CL ~dt'-, ~~ -Lf6~'v .~~~ .~ ~ .,mV ~:fd/L, ofJ ~ -~~ ~~ .~/v- ...c~.d:t!.b ~ ~~ C~ ~ fj ~ ~~ ~. CV<-e- ~ <1 NuLy r fi?W-J;u., . ~-<- ~ .A-v.-R- ~ ~r .~a.rcL ~ ~~ ~~ ---U~~I ~LL- ~ ~ .../~hcL fi -I~2A.-e~~~/ ~c<-. ~h T..L......D. ~ o-UIu..~ Jb ~lcL J/~~' . "(2~..,,,,- .~ ~ .",0 -A-~L ~~/~.Lt!I.~J4 ~.o _'A~ ~V ~ cdjy 13 {14hL~ ~ ~ rL-L/LL--- ~...-f~ ~~ d ~ f)h~. ~ ~ ~-~-, ~~~~ - .-.. 0l-~ LJ~~~~ . .htrftuv .~. ~r .~~~ ~ ~. ~~I Giu-n ~ ~ BUTLER CREEK RANCH JIM ELLIOTT 2050 Butler Creek Road Ashland, OR, 97520 4881051; Cell 840 6440 April 9, 1997 City of Ashland Office of the City Attorney 20 East Main, Ashland, OR 97520 Attention: Paul Nolte Dear Paul, I would like to submit a bid of $7500.00 per year to lease the 832 acres owned by the City and adjacent to my ranch. I understand the property has 224.5 irrigated acres. The property is completely fenced except for a East West Section that would separate it from other property owned by the Imperitrice family. If I lease the property, I will either lease the remainder of the property owned by the Imperitrice family, or build a suitable temporary fence to contain my cattle. Because my ranch and your properties are contingent, I can offer considerable flexibility when you commence construction of your projects. The cattle can be fenced from any area of the property or moved onto the ranch when necessary without requiring trucking them elsewhere. Since we are here, we can respond to any problems or situations that come up. We also do considerable haying and can accommodate future operations such as tillage, planting, and harvesting the land when you commence sprinkling. I have reviewed the previous lease and the terms and conditions are acceptable to me. I would make the following suggestions however, that might be of interest to the City, but are not required of me in my proposal. 1. That the lease term be for five years, with a termination clause of 90 days. 2. If the city would prefer a boundary fence similar to the fence constructed already, I could provide such a fence and the cost could be amortized over the five year period as a credit on the rental. 3. Talent Irrigation District informs me that 50 acres of the irrigated land may be disqualified next year. In that event, we should provide some method of adjusting the rental to reflect that reduction in feed. Enclosed is my check in the amount of $3750.00 as deposit, and the balance will be paid on June 15th or sooner. rn @ rn D'M [g I"\.i D 1--- l~ I APR I 0 1991 I ._____J