HomeMy WebLinkAboutPerry Yoder & sons, Inc CITY HALL
215 Church Avenue
P.O.Box 1130
Oshkosh,Wisconsin
54903-1130 City of Oshkosh
OfHKO/H
October 13, 2011
Mr. Dennis Yoder
President
Perry Yoder& Sons, Inc.
1328 Clairville Road
Oshkosh, WI 54904
Dear Mr. Yoder:
This letter is to confirm the lease agreement for two parcels of land in the Southwest
Industrial Park equating to approximately 75 acres of land at $75.00 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, snowmobiling, motorcycling, or ATV's. Lessee has inspected properties and
leases them as is. Lessee cannot sublease or assign its interests in the leased property.
Payment must be sent (75 acres X $75.00 per acre = $5,625) payable to the City of
Oshkosh, mailed to PO Box 1130, Oshkosh, WI 54903-1130 and received by August 15,
2012. As agreed you will lease the land for the term from the date this agreement is fully
signed until August 15, 2012. Location descriptions of the two parcels of land are as
follows:
Parcel 1: Parcel #1334510000 is approximately 38 acres with a legal description of
NE1/4SE1/4SEC31-18-16 EXC R/W. Actual acreage will be determined by lessee via
GPS measurements from fertilizing and planting operations. Crops on this parcel must be
removed no later than August 15, 2012.
Parcel 2: Parcel #1334500000 is approximately 37 acres with a legal description of
SE1/4SE1/4SEC31-18-16 EXC R/W. Actual acreage will be determined by lessee via
GPS measurements from fertilizing and planting operations. Crops on this parcel must be
removed no later than August 15, 2012.
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
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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.
Should the City of Oshkosh need to access any of the land on these parcels for storage of
excess clay from nearby construction before August 15, 2012, the City of Oshkosh will
not be held liable for any damage incurred to crops on these parcels and the lessee will
not be responsible for rent payment on the specific areas of land with crop damage. The
Department of Public Works would try to limit this clay stock pile area to the area around
the former buildings on this property.
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.
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 August 15, 2012.
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 attached to this document.
Kind Regards,
Date: /VA 7/// Date: /L /I/
Cam_. f 44 6-' .1►.,�
Mark R hloff, City Manager Dennis Yoder, Preside
Perry Yoder& Sons, c.
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