Item 5GMEMORANDUM
June 12, 2006
To: Shana Yelverton, City Manager
From: Steve Polasek, Director of Community Services
Subject: Authorization the renewal of a lease agreement for grazing on
approximately 4.5 acres of undeveloped park property
Action Requested: City Council approval to renew an agreement with Mr. and Mrs. Gary Yates
to allow grazing on approximately 4.5 acres of undeveloped park land
located at Lonesome Dove Road and Fox Fire Lane.
Background
Information: The City of Southlake presently owns approximately 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 shrub 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 current lease is set to expire July 30, 2006. The proposed lease renewal
would be for an additional two -year period with the opportunity to
terminate at any time with sixty days written notice. The present tenants
(Mr. and Mrs. Gary Yates) 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.
Financial
Consideration: There is no direct financial consideration resulting from this request.
Financial
Impact: 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 (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 are $2,000
annually.
Citizen Input/
Board Review: Parks reviewed and recommended approval (5 -0) at their June 12, 2006
meeting.
Legal Review: No substantive changes to the existing lease. City Attorney has reviewed.
Shana Yelverton, City Manager
June 12, 2006
Page 2
Alternatives: City Council review and consideration.
Supporting
Documents: Supporting documents include:
■ Proposed lease agreement
Staff
Recommendation: City Council approval to renew an agreement with Mr. and Mrs. Gary Yates
to allow grazing on approximately 4.5 acres of undeveloped parkland
located at Lonesome Dove Road and Fox Fire Lane.
Shana Yelverton, City Manager
June 12, 2006
Page 3
LEASE BETWEEN CITY OF SOUTHLAKE AND
GARY YATES AND LAURETTE YATES
I. Terms and Definitions
Date:
Landlord:
Landlord's Address:
Tenant:
Tenant's Address:
July 31, 2006
City of Southlake
1400 Main Street, Suite 270
Southlake, Texas 76092
Gary and Laurette Yates
2303 Lonesome Dove Road
Southlake, Texas 76092
Premises: 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, 2006.
Termination Date: July 31, 2008, 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 —
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
Shana Yelverton, City Manager
June 12, 2006
Page 4
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.
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
Shana Yelverton, City Manager
June 12, 2006
Page 5
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 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.
Shana Yelverton, City Manager
June 12, 2006
Page 6
Landlord:
City of Southlake
Tenant:
Gary Yates
Laurette Yates
Shana Yelverton, City Manager
June 12, 2006
Page 7
Shana Yelverton, City Manager
June 12, 2006
Page 8
EXHIBIT A
TAX MAP OF LEASE AREA
N
1# 13
FANNIN �
Shana Yelverton, City Manager
June 12, 2006
Page 9
602 P03 JUN 05 1 98 10:35
EXHIBIT B OF No. 160670 -T -66
BEING A TRACT OR PARCEL OF LAND OUT OF THE L. LINCOLN SURVEY, ABSTRACTNO. 981, AND THE
F. THROOP SURVEY. ABSTRACT NO. 7511, SITUATED IN TARRANT COUNTY, TEXAS, AND MORE
PARTICULARLY A PART OF A CERTAIN 187.723 ACRE TRACT OF LAND AS SURVEYED BY J. R.
DUNAWAY IN OCTOBER, 1976, AND THIS PART IS DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A U.S.A. CONCRETE MONUMENT #C- 260 -F-4, IN THE EAST LINE OF THE L. LINCOLN
SURVEY AND THE WEST LINE OF THE G, B. CHANCELLOR SURVEY, SAID MONUMENT BEING NORTH 00
DEGREES 18 MINUTES 40 SECONDS WEST 290,0 FEET FROM THE SOUTHEAST CORNER OF SAID
LINCOLN SURVEY;
THENCE SOUTH 82 DEGREES 21 MINUTES 15 SECONDS WEST 1050.92 FEET AND SOUTH 88 DEGREES
36 MINUTES 45 SECONDS WEST 1107.14 FEET TO THE POINT OF BEGINNING OF THE TRACT HEREIN
DESCRIBED SAID POINT BEING IN THE SOUTHERLY LINE OF THE ABOVE MENTIONED 187.723 ACRE
TRACT;
THENCE CONTINUING, ALONG SAID LINE AND ALONG AN IRREGULAR FENCE SOUTH 88 DEGREES 36
MINUTES 45 SECONDS WEST 248.96 FEET TO A U.S.A. CONCRETE MONUMENT #C- 260 -F -6 FOR
CORNER;
THENCE SOUTH 1 1 DEGREES 33 MINUTES EAST ALONG AN IRREGULAR FENCE, CROSSING THE SOUTH
LINE OF SAID LINCOLN SURVEY, SAME BEING THE NORTH LINE OF SAID THROOP SURVEY, A DISTANCE
OF 259.67 FEET TO A U.S-A. CONCRETE MONUMENT #C- 260 -F -7 FOR CORNER IN THE MOST
SOUTHERLY LINE OF SAID 187.723 ACRE TRACT;
THENCE NORTH 84 DEGREES 34 MINUTES 45 SECONDS WEST ALONG SAID LINE AND ALONG AN
IRREGULAR FENCE 287,29F FEET TO AN IRON PIN FOR CORNER IN THE MOST WESTERLY LINE OF SAID
187.723 ACRE TRACT, AND THE EAST LINE OF LONESOME DOVE ROAD;
THENCE NORTH 00 DEGREES 37 MINUTES 30 SECONDS EAST ALONG THE EAST FENCE LINE OF SAID
ROAD AND SAID MOST WESTERLY LINE OF 187,723 ACRE TRACT, CROSSING THE NORTH LINE OF SAID
THROOP SURVEY AND THE SOUTH LINE OF SAID LINCOLN SURVEY, A DISTANCE OF 555.21 FEET TO
AN IRON PIN FOR CORNER;
THENCE NORTH 89 DEGREES 54 MINUTES 40 SECONDS EASTALONG A FENCE AND ALONG THE NORTH
LINE OF A 60 FOOT ROAD EASEMENT A DISTANCE OF 460.85 FEET TO AN IRON PIN FOR CORNER;
THENCE SOUTH 00 DEGREES 11 MINUTES 50 SECONDS EAST 30.0 FEET TO A POINT FOR CORNER IN
THE CENTERLINE OF SAID ROAD EASEMENT;
THENCE NORTH 89 DEGREES 54 MINUTES 40 SECONDS EAST ALONG THE CENTERLINE OF SAID ROAD
EASEMENT A DISTANCE OF 15.44 FEET TO A POINT FOR CORNER;
THENCE SOUTH 00 DEGREES 05 MINUTES 20 SECONDS EAST AT 30.0 FEET AN IRON PIN IN THE
SOUTH LINE OF SAID ROAD EASEMENT, IN ALL 292.62 FEET TO THE POINT OF BEGINNING OF THE
TRACT HEREIN DESCRI1ED AND CONTAINING 5.0 ACRES OF LAND, MORE OR LESS.
SAVE AND EXCEPT THAT PORTION OF SUBJECT PROPERTY CONVEYED IN WARRANTY DEED FROM
MARSHA L. COKER TO MAURICE GUIDRY AND WIFE, SHELIA ANN GUIDRY, DATED JUNE 30, 1993, FILED
JULY 7, 1993, RECORDED IN VOLUME 11133, PAGE 197, DEED RECORDS OF TARRANT COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE LEONARD LINCOLN SURVEY,
ABSTRACT 981, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF A 5.0 ACRE TRACT A5
CONVEYED TO JOE E. COKER, FT UX, MARSHA BY DEED RECORDED ON PAGE 870 OF VOLUME 6193
IN THE TARRANT COUNTY DEED RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Shana Yelverton, City Manager
June 12, 2006
Page 10
vcc � V� ..� ui y uu �v lv • J..�
GF No. 160670•T -66
BEGINNING AT A SET 518 INCH IRON ROD IN THE NORTH LINE OF A 60.0 FOOT ROAD EASEMENT AS
RECORDED ON PAGE 291 OF VOLUME 6127 IN THE TARRANT COUNTY DEED RECORDS AND BEING
NORTH 89 DEGREES 54 MINUTES 40 SECONDS EAST A DISTANCE OF 209.88 FEET FROM AN OLD IRON
ROD AT THE NORTHWEST CORNER OF SAID COKER 5.0 ACRE TRACT;
THENCE NORTH 89 DEGREES 54 MINUTES 40 SECONDS EAST ALONG THE NORTH LINE OF SAID 60.0
FOOT ROAD EASEMENT A DISTANCE OF 104.4 FEET TO A SET 518 INCH IRON ROD AND BEING SOUTH
89 DEGREES 54 MINUTES 40 SECONDS WEST A DISTANCE OF 159.02 FEET AND NORTH 0 DEGREES 05
MINUTES 20 SECONDS WEST A DISTANCE OF 60.9 FEET FROM THE NORTHWEST CORNER OF LOT 1,
BLOCK 1, RANCH OF LONESOME DOVE, AN ADDITION LOCATED WITHIN THE CITY OF GRAPEVINE'S
EXTRATERRITORIAL.EUAISDICTIO'N, TARRANTCOUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED
ONE SLIDE 1038, CABINET A, OF THE TARRANT COUNTY PLAT RECORDS;
THENCE SOUTH 3 DEGREES 38 MINUTES EAST A DISTANCE OF 208.7 FEET TO SET 518 INCH IRON ROD;
THENCE SOUTH 89 DEGREES 54 MINUTES 40 SECONDS (NEST A DISTANCE OF 104.4 FEET TO A FOUND
112 INCH IRON ROD;
THENCE NORTH 3 DEGREES 38 MINUTES WEST A DISTANCE OF 208.7 FEET TO THE PLACE OF
BEGINNING, CONTAINING 0.499 ACRE OF LAND, MORE OR LESS.
NOTE: THE COMPANY DOES NOT REPRESENT THAT THE ACREAGE AND /OR SQUARE FOOTAGE
CALCULATIONS ARE CORRECT.
3