Item 5ECity of Southlake, Texas
MEMORANDUM
September 12, 2006
TO: Shana Yelverton, City Manager
FROM: Sharen Jackson, Director of Finance
SUBJECT: Approve a grazing lease between City of Southlake and Roger Hutton
Action Requested: City Council approval of the grazing lease with Roger Hutton.
Background
Information: Mr. Hutton began leasing the property (30 acres) located at 160 East Dove
Road more particularly described on the attached map (Exhibit A) in 2002.
The rent is $8.00 per acre per year and the lease is for twelve months from
November 1, 2006 until November 1, 2007.
Mr. Hutton uses the property for grazing cattle. The lease requires for Mr.
Hutton to install and maintain any fencing necessary to keep livestock
confined. Also, Mr. Hutton must obey all laws, ordinances, orders, and rules
and regulations applicable to the use, condition, and occupancy of the
premises.
Financial
Considerations: Annual revenue of $240 in addition to reduction of cost compared to the City
maintaining the property.
Citizen Input/
Board Review: NIA
Legal Review: Attorney Steve Wood reviewed the attached document.
Alternatives: Amend, deny or modify the lease
Supporting
Documents: Lease
Staff
Recommendation: Staff recommends Council approval of the grazing lease with Mr. Hutton.
GRAZING LEASE BETWEEN CITY OF SOUTHLAKE AND
ROGER HUTTON
I. Terms and Definitions
Date: November 1, 2006
Landlord: City of Southlake
Landlord's Address: 1400 Main Street, Suite 440
Southlake, Texas 76092
Tenant: Tenant's Roger Hutton
Address: 1900 Shady Oaks Blvd.
Southlake, Texas 76092
Premises: Approximately twenty-five (30) acres located in Southlake, Tarrant
County, Texas as more particularly described on the attached
Exhibit "A"
Rent: $ 8.00 per acre per year.
Term (months): Twelve months.
Commencement Date: November 1, 2006.
Termination Date: November 1, 2007.
Use: Grazing Cattle
II. Lease Clauses and Covenants
Tenant Agrees to -
A. Accept the premises in their present condition "as is", the premises
being currently suitable for Tenant's intended use.
B. Install and maintain any fencing necessary to keep livestock confined. No
barbed-wire fencing is permitted.
C. Obey all laws, ordinances, orders, and rules and regulations applicable to
the use, condition, and occupancy of the premises.
D. Allow Landlord to enter the premises, with reasonable notice.
E. Repair any damage to the premises caused by Tenant and maintain in
good, safe condition.
F. Maintain insurance on Tenant's personal property, if any.
G. Deliver certificates of insurance to Landlord before the Commencement
Date and thereafter when requested.
H. INDEMNIFY, DEFEND, AND HOLD LANDLORD HARMLESS
FROM ANY LIABILITY LOSS, ATTORNEY'S FEES, EXPENSES, OR
CLAIMS ARISING OUT OF USE OF THE PREMISES, WHETHER OR
NOT THE CLAIM ARISES OUT OF LANDLORD'S NEGLIGENT
ACT OR OMISSION.
Vacate the premises on termination of this lease.
J. Use the premises solely for grazing of cows as described above.
2, Tenant agrees not to -
A. Use the premises for any purpose other than that stated in the basic
lease terms and definitions.
8. (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 void insurance on the premises.
C. Alter the premises.
D. Assign this lease or sublease any portion of the premises.
3. Landlord and Tenant agree to the following;
A. Term and Renewal. The primary term of this lease is 12 months from the
commencement date as defined above. Provided that Tenant is not then
in default under the lease, Tenant may renew this lease for successive 12
month terms by notifying Landlord at least 60 days prior to expiration of
the then current term. Each renewal shall be on the same terms and
conditions, unless otherwise agreed to by the parties in writing.
B. Termination. Either party may terminate this lease for any reason upon
sixty (60) days written notice to the other party.
C. Default. Tenant shall be in default by failing to comply within ten days
after written notice with any provision of this lease.
D. 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 occupying the premises without being liable for damages.
E. 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 on receipt of notice from Landlord. No holding over by Tenant,
whether with or without the consent of Landlord, will extend the term.
G. 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.
H. Abandoned Property. Landlord may retain, destroy, or dispose of
any property left on the premises at the end of the term.
Tenant:
Attorney's Pees and Costs. In the event a lawsuit is brought to interpret
or enforce this lease, the prevailing party in such action shall be entitled to
recover from the nonprevailing party, in addition to the prevailing party's
damages, reasonable attorney's fees and court costs.
Landlord: City of Southlake
By: By:
ATTEST:
r R
R 11 a
{ I G gg 'f7 ok
O i 1 n
� o
USA iY6�i { [,J IIwR 1
voL err; pn, eas �•
€, y4
w�� f
C
1 1 ` r + i
I D I
Gwi^y p�Y� ice° � � � �
� N VVca
I D G E C REST D R I V E
_ �ny� �t � .ar Q•a w.y psi ■ �a (y �'^ ��-..'510+ n�e 'is �Oa i= '."r'yrl! FGsn x�4 '_ ! n' i5:: . dC SSI Y�r. a.�} rO1 '°,n •7i ��4 �`:s�S� l� . ■r i .R O� c �z� �L ' im20 •a a �
EXHIBIT A