Item 4G - memo
Item 4G
M E M O R A N D U M
October 13, 2020
To: City Council
From: Ken Baker, Sr Director of Planning and Development Services
Subject: Approve a grazing lease agreement between the City of
Southlake and Dove Estate Partners, Ltd. on
approximately 4.5 Acres of undeveloped City park
property located at the southeast corner of Lonesome
Dove Road and Firefox Lane and referred to as the Coker
property (2303 Lonesome Dove Road).
Action
Requested: City Council consideration to approve a lease agreement
with Southlake and Dove Estate Partners, Ltd. to allow
grazing on approximately 4.5 acres of undeveloped
parkland located at Lonesome Dove Road and Fox Fire
Lane.
Background
Information: The City of Southlake owns approximately four (4.5) acres of
undeveloped park land along the southeast corner of
Lonesome Dove Road and Foxfire Lane typically referred to
as the Coker property. The land is primarily covered in grass
and trees and was purchased for future park access to the
adjoining U.S. Army Corps of Engineers property. Grazing on
the undeveloped land provides a cost effective method of
maintaining the property without utilizing staff time or City
equipment.
The proposed lease is for a two-year period with the
opportunity to terminate at any time with sixty days written
notice. The tenant will be responsible for accepting the
property in its present condition, mowing and maintaining
the premises in a good, safe condition, and vacating the
premises upon termination of the lease. The property was
previously leased for grazing by Tommy Keeton (2010-12);
William and Peggy Ihnfeldt (2008-10) and to Gary and
Laurette Yates (2006-08).
Item 4G
Meeting Date – October 20, 2020
Page 2 of 10
Financial
Consideration: The City saves the cost of mowing and maintaining
approximately 4.5 acres of undeveloped land during the
course of the lease. Savings would be realized in staff time
(2 staff) estimated at one and one-half hours per mowing, plus
drive time, and reduced impact on equipment and supplies for
approximately twelve mowings per year. Estimated cost
savings is approximately $2,000 annually.
Strategic Link: This item is linked to the City’s Strategy Map related to the
focus area of Performance Management and Service
Delivery and meets the corporate objective to Invest to
Provide and Maintain High Quality Public Assets.
Citizen Input/
Board Review: Parks Board recommended approval (5-0) of the proposed
lease at their August 4, 2020 meeting.
Board Member Jeffrey Ng made a motion to recommend the
Director of Community Services proceed with development of
a 24-month grazing lease agreement for City owned property
located at 2303 Lonesome Dove Road. The lease would
include three, one-year renewal options that may be
authorized administratively by the Director of Community
Services.
City Council to consider October 20, 2020.
Legal Review: Lease agreement was reviewed by the City Attorney.
Alternatives: Alternatives may include:
▪ City Council approve as presented
▪ City Council approval with modifications
▪ City Council decision not to approve
Supporting
Documents: Supporting documents include:
▪ Proposed lease agreement (Exhibit A)
▪ Property Description (Exhibit B)
▪ Property Exhibit (Exhibit C)
Exhibit A
LEASE BETWEEN CITY OF SOUTHLAKE AND DOVE ESTATES
PARTNERS, LTD
I. Terms and Definitions
Date: November 1, 2020
Landlord: City of Southlake
Landlord's Address: 1400 Main Street
Southlake, Texas 76092
Tenant: Dove Estates Partners, LTD
Tenant's Address: 1671 E. Dove Road, Southlake, TX 76092
Premises: 2303 Lonesome Dove Road. Approximately four and
one -half (4.5) acres, located in Southlake, Tarrant
County, Texas as described in the attached Exhibits
“A" and "B ".
Rent: $1. 00 for term of lease
Term (months): Twenty-four (24) months, including three, one-year
renewal options that may be authorized
administratively by the Director of Community
Services.
Commencement Date: November 1, 2020
Termination Date: November 1, 2022, or after sixty days written notice of
intent to terminate from either party, whichever comes
first.
Use: For agricultural purposes only — grazing
of livestock (less than 10 cattle or horses)
II. Lease Clauses and Covenants
1. Tenant Agrees to —
a. Accept the premises in their present condition "as is ", as shown in exhibits
"A" and B" and incorporated herein as a part of this agreement, the premises
being currently suitable for Tenant's intended use. In this regard, Tenant
acknowledges that Tenant has inspected the premises, and has found them free
from defect or dangerous condition as of the date hereof.
b. Obey all laws, ordinances, orders, and rules and regulations applicable to the
use, condition, and occupancy of the premises.
c. Allow Landlord to enter the premises, with reasonable notice.
d. Repair and maintain the premises. This shall include mowing and maintaining
the premises in a good and safe condition.
e. Repair any damage to the premises caused by Tenant.
f. Maintain insurance on Tenant's personal property.
g. Deliver certificates of insurance to Landlord on or before the Commencement
Date and prior to renewal of policy. Tenant will carry Liability and Property
Damage Insurance sufficient to provide adequate protection against damage
claims which may arise from operations under this Contract. Tenant hereby
waives subrogation rights for loss or damage to the extent same are covered by
insurance. Insurers shall have no right of recovery or subrogation against the
Landlord, it being the intention that the insurance policies shall protect all parties
to the contract and be primary coverage for all losses covered by the policies.
h. INDEMNIFY, DEFEND, AND HOLD LANDLORD, ITS AGENTS,
OFFICIALS AND EMPLOYEES HARMLESS FROM ANY LIABILITY LOSS,
ATTORNEY'S FEES, EXPENSES, OR CLAIMS ARISING OUT OF USE OF
THE PREMISES. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED
TO LIMIT OR WAIVE ANY GOVERNMENTAL OR SOVEREIGN IMMUNITY OF
LANDLORD OR ANY IMMUNITY APPLICABLE TO ITS OFFICERS, AGENTS,
SERVANTS OR EMPLOYEES, NOR SHALL IT BE CONSTRUED TO LIMIT OR
WAIVE ANY INSURANCE COVERAGE OR THE LANDLORD'S STATUS AS
AN ADDITIONAL NAMED INSURED AS PROVIDED IN AGREEMENT.
i. Vacate the premises on termination of this lease.
j. Use the premises solely for Tenant's intended uses, which Tenant represents,
acknowledges and agrees is agricultural, specifically, grazing of livestock.
2. Tenant agrees not to —
a. Use the premises for any purpose other than that stated in the basic lease
terms and definitions.
b. Use the premises for any business purpose.
c. i) Create a nuisance, (ii) permit any waste, (iii) install barbed wire fencing
or any other method of fencing that is designed to inflict injury, or (iv) use the
premises in any way that is extra hazardous, would increase insurance
premiums, or would void insurance on the premises.
d. Alter the premises, except as agreed to in writing by the City of Southlake.
e. Assign this lease or sublease any portion of the premises.
3. Landlord and Tenant agree to the following:
a. Alterations. Any physical additions or improvements to the premises made by
Tenant will become the property of Landlord.
b. Default. Tenant shall be in default by failing to comply within ten days after
written notice with any provision of this lease.
c. Landlord's Remedies. Landlord's remedies for Tenant's default are to i) enter
and take the premises on behalf of Tenant; (ii) terminate this Grazing Lease with
Howard Harris lease by written notice and sue for damages. Landlord may enter
and take possession of the premises by self -help, by picking or changing locks if
necessary, and may lock out Tenant or any other person who may be entering
the premises without being liable for damages.
d. Default/ Waiver /Mitigation. It is not a waiver of default if the non-defaulting
party fails to declare immediately a default or delays in taking any action. Pursuit
of any remedies set forth in this lease does not preclude pursuit of other remedies
in this lease or provided by law.
e. Holdover. If Tenant does not vacate the premises following termination of this
lease, Tenant shall be a tenant at will and shall vacate the premises immediately
upon receipt of notice from Landlord. No holding over by Tenant, whether with or
without the consent of Landlord, will extend the term for any period of time
whatsoever.
f. Notices. Any notice required by this lease shall be deemed to be delivered
(whether or not actually received) when deposited with the United States Postal
Service, postage prepaid, certified mail, return receipt requested, and
addressed to Landlord or Tenant at their addresses.
g. Abandoned Property. Landlord may retain, destroy, or dispose of any property
left on the premises at the end of the term, and Tenant agrees that Landlord shall
have no liability to Tenant regardless of disposition of such property.
Landlord:
________________
Laura K. Hill, Mayor
City of Southlake
_________________
Date
Attest:
________________
Amy Shelly
Southlake City Secretary
_________________
Date
Tenant
____________________________________________
Dove Estates Partners, LTD
1671 E. Dove Road
Southlake, TX 76092
_____________________
Date
Attest:
________________
Approved as to Form and Legality:
___________________
City Attorney
______________________
Date
Exhibit B
Exhibit C