HomeMy WebLinkAbout2000-005 Agrmt - SwainSALE AGREEMENT
between
EVERETT L. SWAIN
and
CITY OF ASHLAND
THIS AGREEMENT entered into by and between EVERETT L. SWAIN, registered
Professional Land Surveyor of the State of Oregon No. 759, SELLER, hereinafter referred to as
"SWAIN" and the CITY OF ASHLAND, Purchaser. through Mike Freeman, City Administrator,
hereinafter referred to as "CITY",
WITNESSETH:
WHEREAS, 'Swain' does hereby desire to sell the Survey Records of'Swain's' and;
WHEREAS, 'City' desires to purchase the Survey Records of'Swain's';
NOW, THEREFORE, for and in consideration of the mutual considerations herein
contained, the parties hereto agree that the following conditions and agreements shall be binding
upon both parties as set forth hereinafter:
I, 'SWAIN', do hereby agree to sell to the 'CITY' and the 'CITY' does hereby agree to
purchase from 'SWAIN', the personal survey records of'SWAIN'S' with the conditions and
exceptions as outlined hereinafter:
1. PERSONAL SURVEY RECORDS DEFINED
A. The following shall constitute the items, which shall be defined as 'PERSONAl_,
SURVEY RECORDS'. All the client files situated in seven (7) metal file cabinets, loose leaf field
notes, field notes in bound books, control computation sheets which are not a part of a client file,
and 3.5, 5.25, and Colorado Backup tapes (DC 2120 ximat Minicartridge/Mini-cartouche Q1C-80
compatible) 120 MB, 240 MB compressed. All client work maps, Topographic Maps, Detail
Maps, copies of partitions, subdivisions, condominiums, and other miscellaneous maps situated in
tx~o (2) metal fiat files. Blueline and/or Blackline copies of filed surveys situated in one (1) metal
file' cabinet. Mortgagee Certification files and maps situated in a two (2) drawer metal file cabinet.
Also, those field notes in l,cttered bound Field Books for Mortgagee Certifications, except for one
( 11 book, namely Book 'H' which has been misplaced or lost for many years.
B. All survey files and magnetic media shall be edited by 'SWAIN' for personal
mtbrmation, such as letters, business billings, business correspondence and any sensitive
inlbrmation not conoected with survey computations, survey monumentation or mapping and
removed therefrom.
C. Nothing contained herein shall be construed as to include any of'SWAIN'S' Computers,
tt-P Plotter, Drafting Table, Desks etc., the ownership of any and/or all other items shall remain the
sole ownership of 'SWAIN'. 'SWAIN' shall be the sole determiner of what constitutes the
'PERSONAL SURVEY RECORDS' and these shall be set aside for the 'CITY'S' review and
acceptance before the signing of this agreement. By the signing of this agreement the 'CITY'
'SWAIN / CITY' Sales Agreement
Page 1 o£2
cknowledges that it has reviewed the 'PERSONAL SURVEY RECORDS' and is satisfied with
and accepts the 'PERSONAL SURVEY RECORDS' as presented by 'SWAIN'.
2. CONSIDERATION:
A. The consideration to be paid by the 'CITY' for the 'PERSONAL SURVEY RECORDS'
of'SWAIN'S', as set forth hereinabove, shall be as set forth hereinafter:
FI. The total purchase price shall be $25,000.00 payable on the 2§th day of January, 2000.
3. POSSESSION
A. The 'CITY' shall take immediate possession of said records, upon the payment in full of
thc consideration stated above and the acceptance of said consideration by 'SWAIN'.
B. 'SWAIN' shall retain the right to review and obtain information from these files, as the
occasion arises. This shall be done during normal 'CITY' xvorking hours and business days.
4. LIABILITY
No records, of any kind, displaying the 'LAND SURVEYOR SEAL' of'SWAIN'S' may be
released to the public unless it has already been recorded or filed in the Public Records. 'SWAIN'
and/or 'SWAIN SURVEYING, INC.' does not assume any liability for the correctness or accuracy
of these records and the 'CITY' takes possession on an "AS IS" basis.
5. PRIOR AGREEMENT
The prior 'LETTER OF UNDERSTANDING' between the 'CITY' and 'SWAIN' dated
December 10, 1992 and signed by Brian Almquist, City Administrator, James H. Olson, Assistant
City Engineer and Everett L. Swain, P.I,.S., for himself and SWAIN SURVEYING, INC., shall
remain in lull force and effect until either the 'CITY' has executed this 'SALE AGREEMENT' or
'SWAIN' has exercised all his rights as set forth in said 'LETTER OF UNDERSTANDING'.
Everett L. Swain, P.L.S
Fed. ID# ;7'-/F
CITY
Mike Freeman, City Administrator
REVIEWED AS TO CONTENT
Pla~blic Works Director/City Engineer
Date: zt .a~&t ~,
REVIEWED AS TO FORM
By ~
City At~ome. y
Date: [ 1'1.~ { O0
Coding
(for City use only)
'SWAIN / CITY' Sales Agreement
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