Item 5LCity of Southlake, Texas
M E M O R A N D U M
May 9, 2006
TO:Shana Yelverton, City Manager
FROM:Steve Polasek, Director of Community Services
Authorize renewal of a lease agreement for grazing on undeveloped
SUBJECT:
property (17.373 acres) in Bicentennial Park
Action Requested:
City Council authorization to renew a lease agreement to allow grazing on
approximately 17.373 acres of undeveloped park land in Bicentennial Park
with Mr. and Mrs. Ralph Evans for a period of fourteen (14) months, to
expire on July 31, 2007.
Background
Information:
The City of Southlake presently owns approximately 17.373 acres of
undeveloped park land along the west side of Bicentennial Park typically
referred to as the Evans property. This property is currently leased to Ralph
and Linda Evans with the existing agreement scheduled to expire on May
31, 2006. The land is primarily covered in grass and has been utilized in past
years for grazing approximately five head of cattle. Following a review of
planned City development and use of the property it is anticipated that an
extended grazing lease would not interfere with future development while
also providing a cost effective method of maintaining the property without
utilizing staff time or City equipment.
The proposed lease would be for an additional fourteen (14) month period,
expiring on July 31, 2007, with the opportunity to terminate at any time
with sixty days written notice. The proposed tenants (Mr. and Mrs. Ralph
Evans) would 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. As indicated, Mr.
and Mrs. Evans have previously had a grazing lease with the City for this
property and have proven to be good caretakers of the land.
Financial
Consideration:
There is no direct financial impact resulting from this request.
Financial
Impact:
The City saves the cost of mowing and maintaining approximately seventeen
acres of undeveloped land during the course of the lease. Savings estimated
at $3,500 would be realized in staff time based on three to fours hours per
mowing and reduced impact on equipment and supplies for approximately
twelve mowings per year.
Citizen Input/
Shana Yelverton, City Manager
May 9, 2006
Page 2
Board Review:
The Parks and Recreation Board recommended approval of the proposed
renewal (6-0) at their May 8, 2006 meeting, with the addition of wording to
allow for sixty day notification of termination to apply to all or a portion of
the property.
Legal Review:
The City Attorney has reviewed the proposed agreement and there are no
substantive changes from the previous lease document.
Alternatives:
Alternatives may include:
Council approval
Council approval with revisions
Council decision not to approve
Supporting
Documents:
Supporting documents include:
Proposed lease agreement renewal
Staff
Recommendation:
City Council authorization to renew a lease agreement to allow grazing on
approximately 17.373 acres of undeveloped park land in Bicentennial Park
by Mr. and Mrs. Ralph Evans for a period of fourteen (14) months, to
expire on July 31, 2007.
Shana Yelverton, City Manager
May 9, 2006
Page 3
LEASE BETWEEN CITY OF SOUTHLAKE AND
W. RALPH EVANS AND LINDA S. EVANS
I. Terms and Definitions
Date:
June 1, 2006
Landlord:
City of Southlake
Landlord’s Address:
1400 Main Street, Suite 270
Southlake, Texas 76092
Tenant:
W. Ralph Evans and Linda S. Evans
Tenant’s Address: ,
315 Shady Oaks Drive
Southlake, Texas 76092
Premises:
Approximately 17.373 acres and improvements, located in
Southlake, Tarrant County, Texas as described in the
attached Exhibits “A” and “B”.
Rent:
$1.00 for term of lease
Term (months):
Fourteen (14) months.
Commencement Date:
June 1, 2006.
Termination Date:
July 31, 2007, or upon sixty days written notice from either
party for all or a portion of the property.
Use:
For agricultural purposes only
II. Lease Clauses and Covenants
1. Tenant Agrees to –
“as is”
a. Accept the premises in their present condition , 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.
Shana Yelverton, City Manager
May 9, 2006
Page 4
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, OFFICIALS
h.
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 lease
terms and definitions.
b. Use the premises for any business purpose.
c. (i) Create a nuisance, (ii) permit any waste, or (iii) use the premises in any
way that is extra hazardous, would increase insurance premiums, or would
Shana Yelverton, City Manager
May 9, 2006
Page 5
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 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.
Shana Yelverton, City Manager
May 9, 2006
Page 6
Landlord:
_____________________________________
City of Southlake
Tenant:
_____________________________________
W. Ralph Evans
_____________________________________
Linda S. Evans
Shana Yelverton, City Manager
May 9, 2006
Page 7
Exhibit A – Aerial View of Boundary
Shana Yelverton, City Manager
May 9, 2006
Page 8
Exhibit B – Legal Description
Tracts 2B, 2A2, 3C1A, 3C, and 3D1 out of the L. Hall Survey, Abstract #686, being
approximately 17.373 acres, more or less