HomeMy WebLinkAboutPerry Yoder & Sons, Inc Oshkosh
August 10, 2018
Mr. Dennis Yoder
President
Perry Yoder&Sons, Inc.
1328 Clairville Road.
Oshkosh, WI54904
Dear Mr. Yoder:
This letter is to confirm the lease for two parcels of land i.n the Southwest Industrial Park
equating to approximately 75 acres of land at $100.00 per acre effectively immediately to October 31,
2019. If the City has not sold all the acreage and lands remain available on November. 1, 2019, you have
first option to lease the remaining acreage for 2020 at the rate of $100.00 per acre. The lease property
shall solely be used for agricultural purposes. Lessee shall not allow recreation activities on the leased
property. Recreation activities includes, without limitation, hunting, snowmobi.ling, motorcycling, or
ATVs. Lessee has inspected properties and leases them as is. Lessee cannot sublease or assign its
interests in the leased property. As part of this lease Lessee has agreed to cut down the weeds on the
land as soon and fertilise and plarr.t in tle s °i.n of
201.9.
Payment must be sent payable to the City of Oshkosh, mailed to PO Box 1130, Oshkosh, WI 54903-1.130
and received by October 31,2019. Payment amount will be determined by farmed acreage as verified by
United. Co-op of Pickett and submitted with payment. As agreed you will lease the land for the term
from the date this agreement is fully signed until October 31, 2019. Location descriptions of the two
parcels of land are as follows:
Parcel 1: Parcel#1334510000 is approximately 38 acres with a legal description of NE1./4SE1/4SEC31-18-
1.6 EXC R/W. Crops on this parcel must be removed no later than October 31, 2019.
Parcel 2: Parcel #1334500000 is approximately 37 acres with a legal description of SE1/4SE1./4SEC31.-18-
16 EXC R/W. Crops on this parcel must be removed no later than October 31., 2019.
City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1 130 http://www.cl,oshkosh.wi.us
Lessee understands the leased lands are industrial park land and are for sale by the City of Oshkosh.
Should the City of Oshkosh receive offers to purchase on any of the acreage and sells any land prior to
October 31, 2019, the lessee will be compensated at the rate of$300 per acre.
The City of Oshkosh will not be held liable for any damage incurred to crops on these parcels that are
not removed from the leased property by October 31, 2019.
Any parcels proposed for sale by the City will be created by a certified survey map (CSM), unless the
entire acreage is proposed to be sold. Lost acreage shall be calculated based on the certified survey map
and/or as verified by United Co-Op of Pickett report. Lost crop compensation shall be deducted from
Lessee's lease payment unless otherwise agreed upon by Lessee and the City.
Lessee also -understands prospective buyers may require access to the parcels to conduct testing. The
City will make every effort to work with prospective buyers to minimize crop damage, if any. If Lessee
believes crop damage occurred as a result of the prospective buyer's testing activities, City staff and
Lessee shall meet on site to determine compensation, if any. Compensation may be determined based
on the above, or agreed upon between the City and Lessee.
Lessee shall not alter the leased property and agrees to remove all personal property, fixtures, and/or
crops by the end of the lease. Lessee affirmatively agrees that any personal property, fixtures or crops
remaining on the leased property at the termination of the lease should be considered to have no
appreciable value.
As part of this lease agreement lessee will protect/hold harmless the City of Oshkosh against any
incidents, actions, claims or demands of any kind or character related to the leased property arising
during the term of the lease. Lessee further agrees to fully indemnify and refund to the City within 30
days of written demand all. such sums the City may be obligated to pay on such actions, claims or
demands.
The dates identified in this agreement are firm and time is of the essence.
Please sign in the appropriate space below and return one copy to Jon Urben, General Services, City of
Oshkosh, 215 Church Avenue,PO Box 1130, Oshkosh,WI 54903-1130.
A map of the two parcels is attacl-ed to this document.
Kind Regards,
Date: Date: Ile) 12
MA Rohl.off, City Manager Dennis Yoder, Presi .nt
Perry Yoder&Sons, Inc.
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