Item 10AMEMORANDUM
May 11, 2004
To: Billy Campbell, City Manager
From: Malcolm Jackson, Director of Community Services (xt. 1527)
Subject: Approval to enter into a lease agreement for grazing on undeveloped
property in Bicentennial Park
Action Requested: City Council approval to enter into an agreement to allow grazing on
approximately seventeen (17) acres of undeveloped park land in
Bicentennial Park by Mr. and Mrs. Ralph Evans.
Background
Information: The City of Southlake presently owns approximately seventeen (17) acres of
undeveloped park land along the west side of Bicentennial Park typically
referred to as the Evans property. The land is primarily covered in grass and
has been utilized in past years for grazing approximately five head of cattle.
Grazing on the undeveloped land provides a cost effective method of
maintaining the property without utilizing staff time or City equipment.
The proposed lease would be for a two -year period 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. 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 would be
realized in staff time estimated at three hours per mowing and reduced
impact on equipment and supplies for approximately twelve mowings per
year.
Citizen Input/
Board Review: Parks and Recreation Board recommended approval (7 -0) at their May 10,
2004 meeting.
Legal Review: The City Attorney has reviewed the proposed grazing lease.
Billy Campbell, City Manager
May 11, 2004
Page 2 of 8
Alternatives: Alternatives may include:
• City Council approval.
• City Council decision not to approve.
• City Council discussion and input.
Supporting
Documents: Supporting documents include:
■ Proposed lease agreement
Staff
Recommendation: City Council approval to enter into an agreement to allow grazing on
approximately seventeen (17) acres of undeveloped park land in
Bicentennial Park by Mr. and Mrs. Ralph Evans.
Billy Campbell, City Manager
May 11, 2004
Page 3 of 8
LEASE BETWEEN CITY OF SOUTHLAKE AND
W. RALPH EVANS AND LINDA S. EVANS
I. Terms and Definitions
Date: June 1, 2004
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): Twenty -four (24) months.
Commencement Date: June 1, 2004.
Termination Date: May 31, 2006, or upon sixty days written notice from either
party.
Use: For agricultural purposes only
II. Lease Clauses and Covenants
1. Tenant Agrees to —
a. Accept the premises in their present condition "as is ", 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.
Billy Campbell, City Manager
May 11, 2004
Page 4 of 8
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
terms and definitions.
b. Use the premises for any business purpose.
Billy Campbell, City Manager
May 11, 2004
Page 5 of 8
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
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.
Landlord:
Billy Campbell, City Manager
May 11, 2004
Page 6 of 8
City of Southlake
Tenant:
W. Ralph Evans
Linda S. Evans
Billy Campbell, City Manager
May 11, 2004
Page 7 of 8
Exhibit A — Aerial View of Boundary
1�
r r ;*F
#e P
y � �
F
si i
Billy Campbell, City Manager
May 11, 2004
Page 8 of 8
Exhibit B — Legal Description
Tracts 213, 2A2, 3C1A, 3C, and 3D1 out of the L. Hall Survey, Abstract #686, being
approximately 17.373 acres, more or less
Y
IM
TM a
■
TR N TR 2w
AO 2.1m kc
TR au TR ZAI
T
X
TR ac
#AO AG
tips Tit TR 3WLA
NM AO
f
M ZKA I To #
LU AG r !M Ar.
TR JG
a
TR We
4jw a
L■E E a
_k_