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Item 10GMEMORANDUM June 21, 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 City property Action Requested: City Council approval to enter into an agreement to allow grazing on approximately four (4) acres of undeveloped park land by Mr. and Mrs. Gary Yates. 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 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. 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 impact 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 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. Citizen Input/ Board Review: Parks Board unanimously recommended approval (6 -0) at their June 14, 2004 meeting. Legal Review: The proposed grazing lease is modeled after the recent grazing lease for Bicentennial Park property and has been reviewed by the City Attorney. Billy Campbell, City Manager June 21, 2004 Page 2 of 10 Alternatives: Alternatives may include: • City Council approval as presented. • City Council modifications as desired. • Non - approval of proposed lease agreement. Supporting Documents: Supporting documents include: ■ Proposed lease agreement Staff Recommendation: City Council approval to enter into an agreement to allow grazing on approximately four (4) acres of undeveloped park land by Mr. and Mrs. Gary Yates. Billy Campbell, City Manager June 21, 2004 Page 3 of 10 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 XX, 2004 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 (4) 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 XX, 2004. Termination Date: July XX, 2006, 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 ", 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 June 21, 2004 Page 4 of 10 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. Billy Campbell, City Manager June 21, 2004 Page 5 of 10 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. Landlord: Billy Campbell, City Manager June 21, 2004 Page 6 of 10 City of Southlake Tenant: Gary Yates Laurette Yates Billy Campbell, City Manager June 21, 2004 Page 7of10 EXHIBIT A TAX MAP OF LEASE AREA 1" u §1 1 'R 2S B AC _- R 1x 5 AC 11 TR W .9 A� J 17 I 7R IM 1 AC f 1A 1 AC at 14 13 12 3 `ANNIN a 1 1 .7 FOX FOX F IRE LN -c d 0 K4 T SIX" 1131 TR 1131# 296 kC Billy Campbell, City Manager June 21, 2004 Page 8 of 10 Billy Campbell, City Manager June 21, 2004 Page 9 of 10 602 P03 JLIN 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: Billy Campbell, City Manager June 21, 2004 Page 10 of 10 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 D 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 EXTRATERRITORIALJURISDICTION, 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 WEST A DISTANCE OF 104.4 FEET TO A FOUND 1/2 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