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CLARK John T <br /> From: KLEIN Glenn <br /> Sent: Wednesday, August 15, 2012 9:59 AM <br /> To: GARNER Jamie P <br /> Cc: CLARK John T <br /> Subject: RE: Golden Gardens Farmlands Lease <br /> Jamie — When the City acquired the Golden Gardens property, it is possible that staff told the council at that time that <br /> the city would be leasing the "excess" acreage for some period of time and the council ok'd that. If so, then a new lease <br /> following 2.882 would be ok. If Johnny were still here, he might remember. Somewhere in parks' files there should be <br /> the AIS's and council minutes for those meetings. If someone could check those, and find that kind of prior approval, <br /> that would be simplest. A license or permit typically would not be used when we are granting someone exclusive <br /> possession of real property. <br /> Glenn <br /> Glenn Klein <br /> Eugene City Attorney <br /> This message is a confidential communication under the attorney- client or attorney work product privilege. <br /> It should not be forwarded or copied without first checking with me. <br /> From: GARNER Jamie P <br /> Sent: Tuesday, August 14, 2012 3:34 PM <br /> To: KLEIN Glenn <br /> Cc: CLARK John T <br /> Subject: Golden Gardens Farmlands Lease <br /> Hi Glenn, <br /> Mia thought that I should touch base with you on a project that John and I are working on because you would either <br /> have more knowledge on the subject or be able to give us the go -ahead to move forward. The City has been leasing <br /> approximately 160 acres of farmland in Golden Gardens and that lease is up. John would like to test the market and <br /> issue a solicitation to re -lease the property to a new tenant because it's impractical for the City to maintain the lands <br /> (mowing the parcel would take over a week). I've been going through the City code to make sure that we're in <br /> compliance as we move forward and have pasted the applicable portions that I have found below. The issue is that I <br /> don't know if the land was ever brought before Council to be declared as surplus, or if it falls into one of the exemptions <br /> that would not require Council's approval to proceed. We would like to lease this to a new party beginning September 1 <br /> so we are also under a bit of a time crunch on this while Council is on break. There is, I believe, a master plan for Golden <br /> Gardens though I don't believe that this land was specifically identified in the plan as surplus at that time. Mia <br /> mentioned that you had written something up for Council in regard to the Bethel Community Center lease that may <br /> have also been the case for the Golden Gardens land. Do you know if that's the case? <br /> Another idea that Russ Royer had mentioned was granting a revocable permit to use the land as opposed to calling this a <br /> lease, as the City Manager can grant those without notifying Council (again, relevant portion pasted below for your <br /> reference), though I don't understand exactly how that would differ from being an actual lease. <br /> 1 <br />