Keizertimes., December 25, 2015, Image 6

PAGE A6, KEIZERTIMES, DECEMBER 25, 2015
LEASE,
continued from Page A1
When Weathers asked to
be released from his contract
in the spring, a key issue
was the use of chemicals
on the property. Weathers
and Willamette Mission
Farm, Inc. signed a fi ve-
year contract with the city
in March 2012 to lease the
fi lbert orchards at $10,000
a year, with Weathers
keeping all the profi ts made
by harvesting the fi lberts.
Weathers
was
spraying
pesticides on the orchards
three times a year.
However, after the Big
Toy site was moved to
the
orchards,
concerns
were expressed about the
possibility pesticides from
the spraying could spread to
the play structure, which was
completed in June.
“My concern is my ass
being sued,” Weathers said in
the spring. “My concern is
someone using the toy when
the park is closed, get fl u and
found out I sprayed. I have
too much to lose. I informed
the city I would like to get
out of the lease.”
The
contract
signed
MEXICO,
continued from Page A1
According to the Sept. 14,
2007 Keizertimes, Xalamihua-
Espindola lived in the same
apartment complex as the
Cisneros family. The search
stretched from Keizer to
Alabama to Mexico.
Initially, police didn’t
know how old the suspect
was and only had the note
Deysi had left for her parents,
telling them not to worry.
Police located relatives
of
Xalamihua-Espindola,
who were able to provide
the man’s cell phone
number. Two days after Deysi
went missing, police caught
an apparent break: a relative
of the suspect called the
KPD and said Xalamihua-
Espindola had told him he
would have Deysi home in
two hours.
with Schurter this month
thus refl ects the concern,
as section 9 deals with
chemicals and fertilizers.
“The only chemicals
and fertilizers to be used
by tenant are fuel and oil
contained in equipment and
mobile servicing vehicles and
Glyphosphate
(Roundup)
applied to the ground,” the
contract reads. “Tenant shall
not, without landlord’s prior
written consent, use any
other fertilizers or chemicals.”
A concern about not using
chemicals on the property is
the deteriorating health of
the trees, as the chemicals
were being used to stave off
the blight of the trees as long
as possible.
“The parties acknowledge
that without use of chemicals
and fertilizers, the trees will
suffer and the life of the
trees will be shortened,”
the contract reads in part.
“Tenant is not liable for
the death of the trees, but
shall promptly remove dead
trees within 30 days after
completion of harvest.”
Schurter referenced the
health of the trees when
he submitted his original
proposal last summer.
“Because of the poor
health of the trees, Schurter
Enterprises LLC will not
be liable for the death of
the trees,” Schurter wrote at
the time. “The non-use of
chemicals will speed up the
death of the trees, but it is
hard to say exactly how long
they will last. Hazelnut trees
of that variety and age suffer
from Eastern Filbert Blight,
and spraying and pruning
is the only effective way
to combat it. Pruning will
hold it at bay, but they will
eventually succumb.”
Mayor
Cathy
Clark
expressed
surprise
last
summer someone else had
stepped forward to replace
Weathers.
“It did seem like it was
done,” Clark said.
Schurter explained at the
time why he submitted his
proposal.
“I thought it would be a
shame that the crop would
fall and rot on the ground,”
he said. “I fi gured it’s not a
bad idea to at least harvest
it and farm it. Even if (the
trees) are going to die, at least
you can get something out
of it. The city benefi ts with
a percentage of the sales and,
even more, it will look good.
The orchards will be mowed
and dead trees will be cut
out.”
That didn’t happen.
“We knew then that this
was more than a weekend
rendezvous,” KPD deputy
chief Jeff Kuhns said at the
time.
Kuhns had Det. John
Troncoso follow up with the
relatives that night, at which
point police learned the
two were on a Greyhound
bus scheduled to arrive in
Birmingham, Ala., early the
next morning. Troncoso
coordinated with the FBI,
who had agents waiting at the
Alabama bus stop. But when
the bus stopped, neither
Xalamihua-Espindola
or
Deysi were anywhere to be
found.
On April 11, Deysi called
home and indicated she was
at a pay phone in Colorado.
Other calls were made home
as well, with authorities
determining by April 20 the
calls had been made from
Mexico. It took months
for U.S. and Mexican
governments to put a plan
together to get Deysi back
home safely.
At the time, police took
some heat for not issuing an
Amber Alert.
“However inappropriate
that relationship might be,
it did not lead us to believe
she was in danger of serious
bodily harm or death,”
Kuhns said.
Producers from the TV
show America’s Most Wanted
called and asked if the KPD
wanted the case featured on
their show. The offer was
declined. More help came
from the FBI.
“They have helped us
so much,” Troncoso, who
retired earlier this year, said at
the time. “They’re the ones
that facilitated the operations
in Mexico.”
Troncoso was the KPD
employee who helped pick
up Deysi in September 2007.
KFD Candy Cane Days
Santa Claus gave out
candy canes on Plym-
outh Drive on Saturday,
Dec. 19.
Top, a group of kids,
including Jack Morinde,
Kevin Trejo, Liz Chavez,
Dyana Chavez, Briana
Gandy Jonah Gandy and
Trey Gandy.
Left: Belen and Clever
Santiago meet Santa.
KEIZERTIMES/
Lyndon Zaitz
crossword