Item 4BM E M O R A N D U M
June 2, 2010
To:
Shana Yelverton, City Manager
From:
Chris Tribble, Director of Community Services
Subject: Approve a lease agreement for grazing on
approximately 4.5 acres of undeveloped City park
property
Action
Requested:
City Council approval of a lease agreement with Tommy
Keeton 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 presently owns approximately four (4)
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 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 will be for a two-year period with the
opportunity to terminate at any time with sixty days written
notice. The tenant (Tommy Keeton) is 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 previously leased for grazing to William
and Peggy Ihnfeldt (2008-10) and to Gary and Laurette
Yates (2006-08).
Financial
Consideration:
There is no direct financial consideration resulting from this
request.
The City saves the cost of mowing and maintaining
approximately four acres of undeveloped land during the
course of the lease. Savings would be realized in staff time
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Shana Yelverton, City Manager
Meeting Date – June 15, 2010
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(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 will consider approval of the proposed lease at
their June 14, 2010 meeting.
City Council will consider this item at their June 15, 2010
meeting.
Legal Review:
Lease agreement based on previous documents and has
been reviewed by the City Attorney.
Alternatives:
Alternatives may include:
City Council approval as presented
City Council approval with modifications
City Council decision not to approve
Supporting
Documents:
Supporting documents include:
Proposed lease agreement
Staff
Recommendation:
City Council approval of a lease agreement with Tommy
Keeton to allow grazing on approximately 4.5 acres of
undeveloped parkland located at Lonesome Dove Road and
Fox Fire Lane.
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Shana Yelverton, City Manager
Meeting Date – June 15, 2010
Page 3 of 9
LEASE BETWEEN CITY OF SOUTHLAKE
AND
TOMMY KEETON
I. Terms and Definitions
Date:
July 31, 2010
Landlord:
City of Southlake
Landlord’s Address:
1400 Main Street, Suite 270
Southlake, Texas 76092
Tenant:
Tommy Keeton
Tenant’s Address:
216 Wall Street
Grapevine, Texas 76051-5247
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.
Commencement Date:
July 31, 2010
Termination Date:
July 31, 2012, or upon sixty days written notice from
either party.
Use:
For agricultural purposes only – grazing a maximum
of 3-4 head of cattle / horses
II. Lease Clauses and Covenants
1. Tenant Agrees to –
“as is”
a. Accept the premises in their present condition , 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
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Shana Yelverton, City Manager
Meeting Date – June 15, 2010
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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.
INDEMNIFY, DEFEND, AND HOLD LANDLORD, ITS AGENTS,
h.
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.
Tenant agrees not to –
2.
a. Use the premises for any purpose other than that stated in the basic
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Shana Yelverton, City Manager
Meeting Date – June 15, 2010
Page 5 of 9
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.
Landlord and Tenant agree to the following:
3.
Alterations.
a. Any physical additions or improvements to the premises
made by Tenant will become the property of Landlord.
Default.
b. Tenant shall be in default by failing to comply within ten days
after written notice with any provision of this lease.
Landlord’s Remedies.
c. Landlord’s remedies for Tenant’s default are to
(i) enter and take the premises on behalf of Tenant; (ii) terminate this
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.
Default/Waiver/Mitigation.
d. 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.
Holdover.
e. 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.
Notices.
f. 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
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Shana Yelverton, City Manager
Meeting Date – June 15, 2010
Page 6 of 9
receipt requested, and addressed to Landlord or Tenant at their
addresses.
Abandoned Property.
g. 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:
________________________________
City of Southlake
Tenant:
________________________________
Tommy Keeton
216 West Wall Street
Grapevine, Tx 76051-5247
214.535.1221
TKeetonDal@aol.com
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Shana Yelverton, City Manager
Meeting Date – June 15, 2010
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Coker
Property
4.0 acres
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Shana Yelverton, City Manager
Meeting Date – June 15, 2010
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EXHIBIT B
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Shana Yelverton, City Manager
Meeting Date – June 15, 2010
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