Item 5CCity of Southlake, Texas
MEMORANDUM
February 12, 2002
TO: Billy Campbell, City Manager
FROM: Kevin Hugman, Director of Community Services (x1527)
SUBJECT: Approval of lease agreement with Marilyn Tucker for use of 61 acres of parkland
and house at Bob Jones Park.
Action Requested: City Council approval to enter into a new lease agreement with Marilyn
Tucker for use of 61 acres of parkland and house at Bob Jones Park.
Background
Information: When the City purchased 61 acres of land from Ms. Marilyn Tucker in March,
1999, a condition of the sale was a lease agreement between Ms. Tucker and
the City for her continued use of the property for the purpose of boarding
horses. The lease was for one year, with two (2) options to renew for
additional one -year terms. Those renewal options were exercised, and the
current lease expires on March 30, 2002.
Ms. Tucker and the City desire to continue the lease agreement for the
following reasons:
(1) the property is designated for future equestrian facilities, however, there is
no funding for improvements in the near term and no planned use by the
City in the near term.
(2) Ms. Tucker is sub - leasing the existing house (her former residence) to a
caretaker who oversees and maintains the property, house, and horses. It is
desirable to the City to continue this arrangement in that it provides for a
presence on the park property, which is remote from the main portion of
Bob Jones park (soccer fields areas). This allows for continued upkeep of
the house and grounds and preserves the City's investment until such time
as development occurs.
(3) The lease agreement is for a one -year term, with two (2) additional
renewals with the City Manager's approval, however, there is also a 30 -day
termination clause. This allows maximum flexibility to the City should
there be plans for development during the term of the agreement.
The lease agreement provides that the caretaker maintain the premises,
including the house, all vegetation and physical structures, and report
suspicious activities in the vicinity to the City. This is especially beneficial to
the City given some of the recent vandalism and fires at Bob Jones Park.
Billy Campbell, City Manager
February 12, 2002
Page 2
Financial
Considerations: The lease stipulates $1 per term. In lieu of lease payments, the City has the
benefit of a caretaker residing on the premises and maintaining and protecting
the structures and property.
Citizen Input/
Board Review: The Park Board approved this item (6 -0) for recommendation to City Council
at their February 11, 2002 meeting.
Legal Review: The City Attorneys have reviewed the lease agreement.
Alternatives: Input as desired.
Supporting
Documents: Lease between City of Southlake and Marilyn Tucker.
Staff
Recommendation: City Council approval of lease agreement with Marilyn Tucker for use of 61
acres of parkland and house at Bob Jones Park.
KII
LEASE BETWEEN CITY OF SOUTHLAKE
AND
MARILYN TUCKER
I. Terms and Definitions
Date:
January 31, 2002
Landlord:
City of Southlake
Landlord's Address:
1400 Main Street, Suite 460
Southlake, Texas 76092
Tenant:
Marilyn Tucker
(May be leased to sub - tenant upon written consent of the
Landlord)
Tenant's Address:
31 -A Bob Jones Road
Roanoke, Texas 76262
Premises:
Approximately 61 acres located in Southlake, Tarrant County,
Texas, as more particularly described on the attached Exhibit "A"
Rent:
$1 per term.
Term (months):
Twelve (12) months.
Commencement Date:
March 1, 2002
Termination Date:
February 28, 2003, with the option to renew for two additional 12-
month consecutive terms with written consent of the Landlord's
City Manager.
Use:
For residential purposes and to continue Tenant's existing
business of boarding and grazing no more than ten (10) horses
and no more than ten (10) head of cattle.
Amount of Liability
Insurance: Death /Bodily Injury: $1,000,000 minimum
II. Lease Clauses and Covenants
Tenant Agrees to —
1. Act as caretaker for the premises, maintaining all vegetation and physical
structures in a condition consistent with the conditions of the premises at time
of purchase by the Landlord and otherwise suitable to the Landlord, and
inform the Landlord immediately of any suspicious conduct or activities
occurring on the premises or in the vicinity.
2. Accept the premises in their present condition "as is," the premises being
currently suitable for Tenant's intended use.
3. Obey all laws, ordinances, orders, and rules and regulations applicable to the
use, condition, and occupancy of the premises.
4. Allow Landlord to enter the premises, with reasonable notice.
5. Repair any damage to the premises caused by Tenant and maintain in good,
safe condition.
6. Maintain public liability insurance for the premises and the conduct of
Tenant's business, naming Landlord as additional insured, in the amounts
stated in the basic lease terms above. Such insurance policies shall contain a
provision that they shall not be canceled without giving Landlord thirty (30)
days' notice.
7. Maintain insurance on Tenant's personal property and require sub - tenant, if
any, to maintain insurance on sub - tenant's personal property.
8. Deliver certificates of insurance to Landlord before the Commencement Date
and thereafter when requested.
9. 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.
10. Vacate the premises on termination of this lease.
11. Use the premises solely for Tenant's residence and for the boarding and
grazing of no more than ten (10) horses and no more than ten (10) head of
cattle.
12. Comply with the provisions of Texas Civil Practice and Remedies Code, Sec.
87.005, and post and maintain a sign that contains the prescribed warning in
a clearly visible location on or near the stable and include the warning in
every written contract that Tenant enters into for boarding services or equine
activities.
13. Provide Landlord with a copy of each agreement Tenant has entered into for
boarding services.
14. Recognize that Landlord may construct improvements upon the premises
and Tenant waives any claim for damages and releases Landlord, its officers,
employees and contractors, from any liability arising from the construction of
improvements.
B. Tenant agrees not to —
1. Use the premises for any purpose other than that stated in the basic lease
terms and definitions.
2. Use the premises for any purpose other than as provided herein.
3. (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.
4. Alter the premises.
5. Assign this lease or sublease any portion of the premises without written
consent of Landlord.
C. Landlord and Tenant agree to the following:
1. Termination. Either party may terminate this lease for any reason upon thirty
(30) days written notice to the other party.
2. Alterations. Any physical additions or improvements to the premises made
by Tenant will become the property of Landlord.
3. Default. Tenant shall be in default by failing to comply within ten (10) days
after written notice with any provision of this lease.
4. 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.
5. 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.
6. 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.
7. Attorney's Fees. If either party retains an attorney to enforce this lease, the
prevailing party is entitled to recover reasonable attorney's fees.
8. 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.
9. Abandoned Property. Landlord may retain, destroy, or dispose of any
property left on the premises at the end of the term; however, Tenant shall
have the first right of refusal to purchase any of the small barns and out-
buildings Landlord proposes to be demolished, during the term of this lease.
Tenant: Landlord: City of Southlake
By:
City Manager
ATTEST:
CITY SECRETARY
Exhibit "A"
(Tucker Lease Area)
500 0 500 1000 1500 2000 2500 3000 3500 4000 4500 Feet
0 Tucker Lease
0 Building Footprints
0 Land Parcels
«: Corps of Engineers Boundary
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