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Item 4DCity of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork M E M O R A N D U M August 11, 2026 TO: Alison Ortowski, City Manager FROM: David Miller, Director of Community Services SUBJECT: Approval of a grazing lease agreement between the City of Southlake and Howard Harris dba Dove Estate Partners, Ltd., on approximately 4.5-acres of undeveloped City Park property located at the southeast corner of Lonesome Dove Road and Foxfire Lane and referred to as the Coker property, located at 2303 Lonesome Dove Road. Action Requested: Approval of a grazing lease agreement between the City of Southlake and Howard Harris dba Dove Estate Partners, Ltd., on approximately 4.5-acres of undeveloped City Park property located at the southeast corner of Lonesome Dove Road and Foxfire Lane and referred to as the Coker property, located at 2303 Lonesome Dove Road. 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 including 3 one- year renewal options with the opportunity to terminate at any time with sixty days written notice. As a condition of the proposed lease 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 has been leased by Howard Harris Since 2020 and 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 4D Alison Ortowski Meeting Date – August 18, 2026 Page 2 of 2 City of Southlake Values: Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork Financial Considerations: Annual Maintenance Costs below $5,000 would be saved on approximately 12 mowings per year. 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: Park Board consideration on August 10, 2026 and City Council consideration on August 18, 2026. Legal Review: Lease was reviewed by the City Attorney Alternatives: Any commentary as appropriate. Supporting Documents: Supporting Documents Include: •Proposed Lease Agreement (Exhibit A) •Property Description and Exhibit (Exhibit B) Staff Recommendation: City Council approval of Grazing Lease as presented. Exhibit A LEASE BETWEEN CITY OF SOUTHLAKE AND DOVE ESTATES PARTNERS, LTD I. Terms and Definitions Date: September 1, 2026 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 Exhibit "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: September 1, 2026 Termination Date: September 1, 2028, 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 "B" 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: ________________ Shawn McCaskill, Mayor City of Southlake _________________ Date Attest: ________________ Amy Shelley Southlake City Secretary _________________ Date Tenant ____________________________________________ Dove Estates Partners, LTD (Howard Harris) 1671 E. Dove Road Southlake, TX 76092 _____________________ Date Attest: ________________ Approved as to Form and Legality: ___________________ City Attorney _____________________ Date Exhibit B