ORD 34742 - Lease agmt with Spectracom Inc for 6406 S 60th St AIM
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• ,
6 `, 1 l L C Li'.+E 0 Public Works Department
c � �" �' Omaha/Douglas Civic Center 1
jirr1 . OCT 2: i I 3
1819 Famam Street,Suite 601
c+�.� f1 � � November 3 1998 Omaha,Nebraska 68183-0601
Ao��rEn R°r��ry ,�I . 1 I., (402)444 5220
FEB Telefax(402)444-5248
City of Omaha ' ' 'i /', �! wi. .;, i°.i;. Don W.Elliott,P.E.
Hal Daub,Mayor Public Works Director
Honorable President .
and Members of the City Council,
Transmitted herewith is an Ordinance approving a revised Lease Agreement with Spectracom, Inc.
to provide for additional land adjacent to their existing leased site that was the former Papillion
Creek Wastewater Treatment Plant at 6406 South 60th Street. The exact legal description of the
property being leased is included in Exhibit "A" of the agreement.
Spectracom leased the existing property for operation of a recycling business open to the public
through Resolution 590 adopted on March 16, 1993, with a provision to renew the agreement with
the approval of the City Council. During the first 5 years of their recycling contract,they found that
additional space was needed. The land included in this revised lease agreement is adjacent to the
land already being leased by Spectracom and generally matches the terms of the existing lease.
The revised lease for the additional property will run for five years and has provisions for a five year
extension of the agreement and lease,with the approval of the City Council. The amount of the lease
is $44,200 per year and is based on an appraisal of the fair market value.
The Public Works Department requests your consideration and approval of the attached Resolution
and Lease Agreement.
Respectfully submitted, Referred to City Council for Consideration:
"Mx ,
------? rl 1\1" /f/7-7,/,0 / ' / v re
Don W. Elliott, P.E. Date Ma ors Office/Title Date
Public Works Director
Approved as to Funding:
..f2C:14,-A.A.-2° IP 0,09
Louis D'Erco e pm, Date
Finance Director
P:\PW l\8327.SKZ
ORDINANCE NO.
AN ORDINANCE approving an extension of the Lease Agreement between the City of Omaha and
the Spectracom, Inc. involving the receipt of money of more than one year in accordance
with Section 5.17 of the Home Rule Charter of 1956, as amended; to authorize the Mayor
to execute the Lease Agreement with the Spectracom, Inc.; and to provide an effective date
hereof
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. Spectracom,Inc. leased the property at 6406 South 60th Street for the operation
of a recycling business for a five year period beginning on March 16, 1993 with provisions to extend
the Agreement with the approval of the City Council.
Section 2. Spectracom and the City would like to extend the Lease Agreement for an
additional five years and would like to lease more land adjacent to the present operation which is
described in more detail in Exhibit "A" of the Agreement.
Section 3. The Mayor is authorized to execute the Lease Agreement with Spectracom, Inc.
according to the terms and conditions included in the attached agreement.
Section 4. That the cost for leasing the property will be $44,200 per year, based on an
appraisal whereby the fair market value was established.
•
ORDINANCE NO. 3/W
PAGE 2
Section 5. That this Ordinance shall take effect and be in full force upon the date of its
passage.
INTRODUCED BY COUNCILMEMBER
1444`14•1175--/.411?-4-1...
APPROVED B :
MAY OF THE CITY OF OMAHA AT
PASSED NOV 1.7. 1998 -9-0
ATTEST:
/OAF
CITY CLERK OF THE CITY OF OMAHA DATE
APPROVED AS TO FORM:
�l/?I
T CITY ATTORNEY DATE
P:\PW 1\8376.SKZ
1 LEASE AGREEMENT
2
3
4 This Lease is made this /q day of �p, 1, 19 Yr, by and between the CITY OF OMAHA,
5 NEBRASKA, a municipal corporation and a political subdivision of the State of Nebraska ("City"or"Lessor")and _
6 SPECTRACOM, INC. D/B/A RIVER,CITY RECYCLING
7 ("Lessee').
8
9 1. Premises. Subject to and in accordance with the provisions and covenants herein contained, Lessor hereby
10 leases to Lessee and Lessee hereby agrees to take the following:
11
12 (a) Certain real estate located in Omaha, Douglas County, Nebraska more particularly described as:
13 Lot Number Two (2) of Wilbur Addition. An Administrative Subdivision of part of the Southeast '/4 •
14 of Section 12, T14N, North Range 12 East of the 6th P.M.
15 (see also, attached Exhibit"A", incorporated by this reference);
16
17 (b) All buildings and improvements, fixtures, appurtenances, easements, common areas and,access
18 located on such real estate or currently used in connection therewith; and
19
20
21 All the foregoing real or personal property shall be collectively referred to in this Lease as the"Premises'.
22 2. Term.
23
24 (a) This Lease shall be for an initial term of five (5) years; unless sooner terminated or extended as
25 hereinafter provided.
26
27 (b) At the expiration of the initial term of this Lease, if this Lease shall then be in full force and effect,
28 this Lease may be extended upon its same terms and conditions for a period of five (5) years. Such
29 initial term and extensions of lease shall not exceed a total of more than ten (10) years. Unless the
30 context clearly indicates otherwise, the words "term of this Lease" shall include and apply to the
31 initial term and any extension thereof. Termination of this Lease during its initial term shall also
32 terminate this extension.
33
34 (c) Lessee shall request, in writing, an extenuation of the lease a minimum of ninety (90) days prior to
35 the termination of the initial term or any extension. The City shall review the request for an
36 extension and approve or deny such extension within thirty (30) days of receiving such request. The
37 approval or denial of such extension shall be solely at the discretion of the City.
38
39 3. Rent.
40
41 Lessee shall pay to the Lessor as rent for the Premises, a rental in the amount of
42 $ 44,200 Dollars per year, payable in twelve(12) equal monthly payments of
43 $ 3,683.33. Rent is due on the first day of each month and is delinquent if not received by the
44 fifteenth day of each month.
•
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1
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2 4. Notices. Any and all notices or communications required or permitted to be given by this Lease shall be
3 properly delivered or served if hand delivered or sent by certified mail, postage prepaid, addressed to the Lessor
4 or Lessee as follows:
5
6 If to Lessee:
7 SPECTRACOM, INC. D/B/A
8
9 RIVER CITY RECYCLING
10
11 P. 0. BOX 27384
12
13 OMAHA, NE 68127
14
15 If to City:
16 City of Omaha
17 Environmental Quality Control Division
18 5600 South 10th Street
19 Omaha, NE 68107
20 or at such other address or addresses as any party may later designate in writing to the other. Any notice or
21 communication so mailed shall be effective for all purposes at the time of deposit in United States mail.
22
23 5. Ownership of the Premises. The City warrants that it is well-seized of the Premises, has good right to lease the
24 same to Lessee and hereby agrees to defend title thereto.
25
26 The City agrees to notify Lessee immediately upon any default by the City in any obligations or upon
27 receipt of any notice received that the City may be in default. Lessee shall have the right, but not the obligation, to
28 make such defaulted payments or correct such defaults for the account of the City. Any sum so advanced by
29 Lessee or incurred by Lessee including costs in defending any suits in protecting its rights granted by this Lease,
30 shall bear interest at the maximum rate permitted by Law. Lessee may in its discretion apply such amounts
31 against the rents provided for herein or Lessee may require City to indemnify Lessee from such expenses.
32
33 6. Use. The Lessee shall use and occupy the Premises in accordance with all rules, regulations, ordinances,
34 zoning restrictions and orders of any duly constituted authority having such jurisdiction over the Premises.
35
36 7. Improvements. Lessee may construct, build and install such buildings, structures, machinery and equipment as
37 shall, in its opinion, be necessary and desirable for its use and operation of the Premises; provided that no
38 structural portion of the Premises or any equipment (including significant control or functional modifications to
39 equipment) as currently existing shall be substantially altered or modified without written consent from the City,
40 which shall not be withheld if based upon sound engineering design principles.
41
42 All improvements made to (and all other property owned by) the Lessee and placed at or upon the
43 Premises, whether annexed thereto or not, shall remain the personal property of Lessee and Lessee shall have
44 the right (but shall be under no obligation) to remove such personal property at any time during the term of this
45 Lease. Upon the termination of this Lease, Lessee shall have a period of thirty (30) days within which to cause
46 removal of its property or negotiation of its sale to any person. Leaving such property at or upon the Premises
47 during this period shall not make Lessee liable for storage charges or rent and shall not constitute a holdover
48 tenancy.
49
50 8. Utilities and Taxes. During the term of this Lease, Lessee shall be responsible for the payment of charges for
51 water, gas, telecommunications and electric current which may be consumed at the Premises. Lessee shall also
52 be responsible for all sales and use taxes and other taxes levied or assessed on the Premises except real estate
53 or personal property taxes not associated with Lessee's operations on the Premises.
2
•
1 9. Repairs. Throughout the term of this Lease, except in the case of damage by fire or other casualty for
2 which insurance has been procured, Lessee shall at its own expense make all ordinary repairs as
3 and when necessary to maintain the structural and other portions of the Premises in the same state
4 of repair as existing as of the time of Lessee's assuming possession of the Premises, ordinary wear
5 and tear excepted.
6
7 (c) Grounds Maintenance:
8
9 (i) Vegetation shall be mowed as required by Lessee's operations but in no event less than
10 twice monthly from May through September of each year;
11
12 (ii) Trash and paper shall be collected from the grounds as required by Lessee's operations,
13 but not less than once daily (see Exhibit"A").
14
15 (iii) Snow and ice shall be removed from walks and drives as needed;
16
17 Lessee may make any repairs or pay any expenses required to be paid by Lessor, provided Lessee has
18 used reasonable effort to contact Lessor or Lessor's representatives and any such payments shall be subtracted
19 from the next following rental payment or payments.
20
21 All repair or replacement of any portion of the Premises required by this paragraph 9 shall be with parts,
22 materials and systems of substantially equal quality as originally in place unless otherwise provided by this Lease.
23 All such repairs and replacements shall be made in good workmanlike manner by persons skilled in the affected
24 trades.
25
26 During the term of this Lease, the Lessee shall provide and maintain with responsible and reputable
27 insurance companies authorized to do business in the State of Nebraska, all risk fire and extended coverage
28 insurance insuring the Premises, including replacements, in an amount not less than $ 50,000.00. Such insurance
29 shall provide protection against all perils including those within the classification of fire, extended coverage,
30 vandalism, malicious mischief, flood and glass breakage.
31
32 In the event of damage to or destruction of any portion of the Premises, by a covered loss, the Lessee
33 may at its option, either;
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•
2 (a) out of the net proceeds of such insurance, restore the Premises or portion thereof as nearly
3 possible to its condition prior to such damage or destruction or
4
5 (b) if such damage renders the Premises unusable for Lessee's operations, turn over the net proceeds
6 of such insurance to the City, and terminate this Lease as of the date on which such proceeds are
7 thus turned over, with the same force and effect as if that were the date fixed for the expiration of
8 the Lease.
9
10 The Lessee shall exercise such election by written notice to the Lessor but not later than sixty (60) days
11 after the occurrence of such damage or destruction.
12
13 10. Warranties and Representations. The City warrants and represents to Lessee as follows:
14
15 (a) That there currently exists no uncured breach of any covenant or condition of any agreement known
16 to the City affecting the Premises, and that to the best of the lessor's knowledge there exists no
17 order of any competent authority nor any agreement with any person nor any other condition
18 preventing nor adversely affecting Lessee's use of the Premises for its intended purpose.
19
20 (b) Throughout the term of this Lease to the extent not caused by Lessee's improper act or omission
21 the City shall not undertake any act nor otherwise cause or permit any act or omission by any
22 person, to the extent the same is within the control of either of them, which would adversely affect
23 this Lease or prevent Lessee's use of the Premises for its intended purpose.
24
25 (c) Throughout the term of this Lease the City shall not attempt to assign, sell, lease, convey,
26 encumber or otherwise transfer the Premises to any other person (except for a public easement for
27 telecommunications or to Metropolitan Utilities District or O.P.P.D. to the extent the same does not
28 adversely affect Lessee's use of the Premises for its intended purpose) without the written consent
29 of Lessee, which may be withheld in Lessee's absolute discretion.
30
31 (d) That the Premises are zoned properly.
32
33
34 The City understands that Lessee is specifically relying upon the representations of this paragraph 10 and
35 any other representation herein contained in entering into this Lease. In addition to such other remedies available
36 to Lessee and without prejudice thereto, the City agrees to defend, indemnify and hold Lessee harmless from and
37 against any and all loss, cost, damage, suit, or injury for relocation costs, including rent to the extent it exceeds
38 the rent hereunder resulting from or arising out of any breach of any term, condition, covenant or representation
39 contained in this Lease. Further and without prejudice to the foregoing, Lessee, in its sole and absolute discretion,
40 shall in the event of any representation or warranty made by City in this paragraph 10 which is false, misleading or
41 erroneous in any material respect, have the option of declaring this Lease void and of no further force and effect
42 without recourse by Lessor.
•
•
2 11. Insurance. Throughout the term of this Lease, Lessee will procure and maintain, at Lessee's own expense,,
3 from reputable insurance companies authorized to do business in the State of Nebraska additional insurance of
4 the type and in amount hereinafter stated. Such coverage shall commence with Lessee's occupancy of the
5 Premises. Prior to such occupancy, Lessee shall deliver to Lessor certificates of insurance and policy declarations
6 in the standard form and naming the Lessor as an additional insured. Policies of insurance evidenced by the
7 certificates shall not be cancelable by the insurance company except upon thirty (30) days written notice to both
8 Lessor and Lessee. Coverage shall be as follows:
9
10 (a) Comprehensive general liability insurance in the minimum amount of:
11
12 $ 500,000.00 each person
13
14 $ 1,000,000.00 each accident for bodily injury accident
15
16 $ 300,000.00 each accident for property damage
17
18 A maximum deductible of$1,000 each claim and $20,000 each year will be allowed. Such policy or
19 policies shall list the City of Omaha, its agents, officers and employees as additionally insured, and
20 shall be in a form approved by the Public Works Department. A duplicate copy of each policy shall
21 be filed with the Public Works Department.
22
23 The comprehensive general liability insurance shall include completed operations products and
24 blanket contractual coverages and shall cover all of Lessee's employees, invitees, agents and other
25 persons coming onto the Premises.
26
27 (b) Statutory workers' compensation insurance on all of Lessee's respective employees associated with
28 its performance of the Contract on the Premises.
29
30 12. Sublease. Lessee shall not have the right to assign or sublease (except to a wholly-owned subsidiary of
31 Lessee but only for purposes related to Lessee's waste operations on the Premises) any portion of the Premises
32 without written consent from the Lessor, which shall not be unreasonably withheld.
33
34 13. Lessee's Default. Lessor shall give Lessee written notice of any default of Lessee by certified mail. Lessee
35 shall have thirty (30) days from the date of receiving such notice to correct the same. Should Lessee fail to correct
36 such default within such time, Lessor may terminate this Lease as its sole and exclusive remedy. In the event of
37 breach because of Lessee's inability to make major repairs which are its obligation hereunder, and if Lessee has
38 made or is engaged in prudent efforts to cure such default, Lessee shall be given an additional fifty (50) days to
39 cure the same provided Lessee has within fifteen (15) days after receipt of notice of default so notified lessor and
40 provided it with an estimated schedule of repair.
41
42 14. Lessor's Default. Without prejudice to any remedy specifically provided herein, should Lessor default in
43 fulfillment of any of the representations, covenants, provisions or agreements of this Lease and fail to correct the
44 same within thirty (30) days from receipt of written notice from Lessee of such default (except as otherwise
45 provided herein) Lessee at its option, may correct such default and deduct any and all costs as a result of such
46 correction from rentals due or becoming due until Lessee shall be reimbursed in full for the cost of such
47 correction.
48
49 15. Holdover Tenancy. In the event that Lessee should remain in possession of the Premises after expiration of
50 this Lease, without an extension or the execution of a new Lease, Lessee shall be deemed to be occupying the
51 Premises as a tenant from month to month, subject to all the conditions, provisions and obligations of this Lease
52 insofar as the same are applicable to a month to month tenancy, except as otherwise provided herein.
53
1 16. Lessor's Access. Lessor shall be permitted access to the Premises at all times during regular business hours
2 as may be necessary for the purpose of inspecting the Premises and determination of compliance with the
3 provisions of this Lease, and for any other purpose deemed appropriate by Lessor.
4
5 17. Subrogation Claims. Anything in this Lease to the contrary notwithstanding, the Lessor and Lessee and all
6 parties claiming under them hereby mutually release and discharge each other from all claims and liabilities
7 arising from or caused by any hazard covered by insurance on the Premises to the extent such loss is covered by
8 such insurance or covered by insurance in connection with property on or activities conducted in or about the
9 Premises, regardless of the cause of damage or loss.
10
11 18. Quiet Enjoyment. Lessee upon payment of the rent herein reserved and in performance of the terms of this
12 Lease shall and may peaceably and quietly have, hold and enjoy the Premises for the term of this Lease. Lessee
13 shall, upon expiration or termination of the term of this Lease, return the Premises to Lessor in the same condition,
14 except as altered pursuant to the consent of Lessor and ordinary wear and tear excepted. For purposes of
15 determining Lessee's obligations under this paragraph 18, Lessee and the City shall, following removal of all
16 equipment by any person pursuant to paragraph 2(a) hereof perform a joint "walk-through" prior to Lessee's
17 assuming possession of the Premises for purposes of evaluating and documenting the condition thereof in the
18 same manner as required by paragraph 9 of the Lease.
19
20 19. No Partnership. Nothing contained in this Lease shall be deemed to be construed to create a partnership or
21 joint venture between the Lessor and Lessee or between the Lessee and any other party, or cause the Lessee or
22 Lessor to be responsible in any way for the debts or obligations of the other, it being the intention of the parties
23 that the only relationship hereunder is that solely of landlord and tenant.
24
25 20. Lessee's Indemnity. Lessee shall indemnify and save City harmless from and against any and all claims,
26 demands, suits, actions, judgments and recoveries for or on account of damage or injury (including death) to the
27 property or person of Lessee's agents, employees and representatives or other parties caused by or due to the
28 operation of Lessee's business on the Premises.
29
30 21. Short Form Lease. The parties agree that they will at any time at the request of either one, promptly execute
31 duplicate originals of an instrument in recordable form which will constitute a short form of Lease setting forth a
32 description of the Premises, the term of this Lease, excepting the rental provisions as either party may request.
33 The provisions herein contained shall be binding upon, inure to the benefit of and apply to the parties hereto and
34 their respective successors in interest and assigns.
35
36 22. Complete Agreement. The parties agree that no alterations, changes or modifications of this Lease shall be
37 effective unless made in writing and executed in the same manner as is this present instrument and specifically
38 agree that no oral changes are effective.
39
40 23. Mitigation. To the extent the provisions of this Lease are inconsistent with the Contract, the provisions of this
41 Lease shall prevail. No limitation of damages under the Contract provided for herein shall relieve the non-
42 breaching party of any obligation to mitigate the same.
43
44 24. Home Rule Charter. Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha, no elected
45 official or any officer or employee of the City shall have a financial interest, direct or indirect, in any city contract. A
46 violation of that section with the knowledge of the Lessee, in addition to constituting employee malfeasance shall
47 be cause for the City to unilaterally terminate or void this Agreement. Provided such termination shall not affect
48 the Contract.
49
50 25. Equal Employment Opportunity. The Lessee agrees not to discriminate or allow discrimination in the
51 performance of this Lease against any person on account of race, sex, age, or disability, national origin, and
52 religious or political opinions and affiliations. Incorporated herein by reference are the requirements of City
53 Ordinance 28885.
76
1
j
•
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2 26. Severability. Should any clause or provision of this Lease be invalid or void for any reason, such invalid or
3 void clause shall not affect the whole of this instrument, but the balance of the provisions hereof shall remain in full
4 force and effect.
5
6 27. Headings. The descriptive headings of the paragraphs of this Lease are for convenience only and shall not be
7 use in construction of the contents hereof.
8
9 28. Successors. It is covenanted between the parties that all covenants and undertakings in this Lease contained
10 shall extend to and be binding upon the respective successors and assigns of the parties hereto. The covenants
11 and agreements contained herein shall run with the land and continue for the term of this Lease and any extension
12 thereof.
13
14 29. Waiver. Any assents, express or implied, by any party to any breach of any specific covenant or condition
15 herein contained, shall not be construed as an assent or waiver of any such covenant or condition generally, or of
16 any subsequent breach thereof.
17
18 30. Choice of Law. This Lease shall be governed by and construed in accordance with the laws of the State of
19 Nebraska.
20
21 CITY OF OMAH , NEBRAS , a political subdivision
22 of the Stat of ebraska,
23 Lessor
24
25 By:
26
27 Title: Mayor
28
329
0 Attest: 6; ..—
31
32
33 , Lessee
3435
36 BY: U5 21-SryNe) lJ
37
38 Title: City Clerk
39
40 Lessor
41 Spectracom, Inc.
42 /
43 By: `-- �?
44 SCOTT HUGHB, � �J, V C PRESIDENT
45 Print Name .nd Title Above
46
47 Witness �'Nc 2 c�
48 MARIL NOWIC I,
49 Print Name and Title Above
50 APPROVED AST FORM:
•
A 5'1, CITY ATTORNEY
BUR. ADDITION : _;_
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•
INTER-OFFICE COMMUNICATION
October 22, 1998
•
TO: Honorable President and Members of the City Council
FROM: City Property Appraisers Committee
SUBJECT: Lease of City-owned property north of River City Recycling,
6404 South 60th Street
Pursuant to Section 27-52 of the Omaha Municipal Code, The City Property Appraisers Committee convened to
discuss the lease of a 10 acre parcel to River City Recycling, a division of Spectracom, Inc.
River City currently leases a parcel on the former solid waste transfer station property at 6404 South 60th Street
and operates a wood chip recycling center. They would like to lease an additional 10 acres to the north to expand
their operation. The additional property would be used for storage of ground mulch. The mulch would be stored
in rows until it is aged, and then would be hauled away for sale to customers.
The committee compiled 5 smaller industrial land sales in the area ranging in value from $.90 to $1.35 per square
foot. These 5 sales were generally comparable or superior locations and were buildable sites. Another larger
parcel sold recently directly to the north of the subject property. This 53 acre parcel is in the flood plain of the
Papillion Creek and sold for$.30 per square foot. This sale is a good indicator of the lower range of value of the
subject property.
The subject property to be leased is part of a former landfill. The property has 18 to 20 feet of landfill material
beneath it and is not considered to be buildable without extraordinary measures. A 50%reduction in value due to
not being buildable is considered appropriate.
Adjusting the 5 smaller industrial land sales to the subject property leaves an upper range of value of$.60 per
square foot. This leaves a range of value lying between$.30 and $.60 per square foot. Upon further review and
consideration,the Board arrived at a value of$.50 per square foot.
One acre of the 10 acre parcel will be utilized as a landscaped buffer on the perimeter. As such, it should be
deleted from the lease computation. The annual lease computation is as follows:
392,040 S.F. (9 Acres)x $.50/S.F. x 10%= $19,602.00, called $19,600.00
Respectfully Submitted,
bby Anzal
William L. Oti
G/%%2Aj
Mark E. Larson
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