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abatement by the City. In addition, a civil penalty or fine may be levied against the responsible <br /> person(s). <br /> Section 9 of your leases also requires compliance with laws and regulations of the public authority <br /> affecting the leased property. In addition to prohibitions about dumping material in an open swale, the <br /> City of Eugene Park and Open Space Rules - Section 1.070 Vandalism and Litter says: <br /> (7) Dumping of yard debris and home garbage in park and open spaces is prohibited. <br /> All foreign material needs to be removed immediately from the area behind your fences up to <br /> the top edge of the swale as well as from within the swale. The City will inspect the area after <br /> April 1, 2004 to assure that the debris has been cleared. Most of the area containing the swale is <br /> leased by Don Waler and it is his responsibility to keep the area in "good condition as per terms of the <br /> lease" If you have been dumping debris there, you are dumping on ground that Don is responsible <br /> for keeping clear and you may want to help him comply with the law and the terms of the lease by <br /> clearing out anything you have contributed. <br /> Please note that when clearing yard debris from the area, motorized vehicles are not allowed to be <br /> used as per the Park and Open Space Rules - Section 1030 (2) which states that motor vehicles may <br /> be operated only on roads and in parking areas constructed or designated for motor vehicle use. <br /> One more note which may have some effect on a potential sale is about the property taxes on the <br /> 33,916.85 SF of land you collectively lease. As public land used for private purposes, I don't believe <br /> the land is, nor has been, exempt from taxation. This fact is noted in Section 6 of your leases. I have <br /> not, and will not, make an issue of this with the county tax assessor, but this is something that might <br /> be revealed in a title search by a potential buyer, or their lender, or even a neighbor, and may come <br /> back to hurt you if anyone were to discover this fact. Please also note that IF the property ever does <br /> become available as City surplus and you are able to buy it, the tax liability back to the beginning of <br /> the agreement may appear at that time. <br /> And finally, if you have not sent your evidence of insurance to me for the current lease term, please <br /> do so. You can fax it to me at 682 -6222. <br /> Thanks for your compliance with these requests. Please contact me if you have any questions. <br /> Sincerely, <br /> Em Jenson <br /> Real Property and Lease Manager <br /> CS /Facility Management <br /> 210 Cheshire Ave. <br /> Eugene, OR 97401 <br /> (541) 682 -5190 FAX (541) 682 -6222 <br /> emmy.r.jenson @ci.eugene.or.us <br />