Item 4BCITY OF
SOUTHLAKE
MEMORANDUM
July 10, 2012
To: Shana Yelverton, City Manager
From: Chris Tribble, Director of Community Services
4B -1
Subject: Approve renewal of a lease agreement for grazing on
approximately 4.5 acres of undeveloped City park
property
Action
Requested: City Council consideration to renew a lease agreement with
Tommy Keeton to allow grazing on approximately 4.5 acres
of undeveloped parkland located at Lonesome Dove Road
and Fox Fire Lane.
Background
Information: The City of Southlake 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 renewal is for a two -year period with the
opportunity to terminate at any time with sixty days written
notice. The tenant (Tommy Keeton) will continue to 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. The property was previously leased for grazing
by Mr. Keeton (2010 -12) and to William and Peggy Ihnfeldt
(2008 -10) and to Gary and Laurette Yates (2006 -08).
Financial
Consideration: The City saves the cost of mowing and maintaining
approximately four acres of undeveloped land during the
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Shana Yelverton, City Manager
Meeting Date — August 21, 2012
Page 2 of 10
4B - 2
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 is approximately $2,000 annually.
Strategic Link: This item is linked to the City's Strategy Map related to the
focus area of Performance Management and Service
Delivery and meets the corporate objective to Invest to
Provide and Maintain High Quality Public Assets
Citizen Input/
Board Review: Parks Board recommended approval (5 -1 -0) of the proposed
lease at their July 9, 2012 meeting. Park Board member
Formella abstained.
City Council to consider August 21, 2012.
Legal Review: Lease agreement was reviewed by the City Attorney
Alternatives: Alternatives may include:
• City Council approve as presented
• City Council approval with modifications
• City Council decision not to approve
Supporting
Documents: Supporting documents include:
■ Proposed lease agreement
Staff
Recommendation: City Council approval of the renewal of lease agreement with
Tommy Keeton to allow grazing on approximately 4.5 acres
of undeveloped parkland located at Lonesome Dove Road
and Fox Fire Lane.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Shana Yelverton, City Manager
Meeting Date — August 21, 2012
Page 3 of 10
LEASE BETWEEN CITY OF SOUTHLAKE
AND
TOMMY KEETON
I. Terms and Definitions
Date:
Landlord:
Landlord's Address:
Tenant:
Tenant's Address:
July 31, 2012
City of Southlake
1400 Main Street, Suite 270
Southlake, Texas 76092
Tommy Keeton
3108 Ipswich Drive
Plano, Texas 75025 -5718
4B - 3
Premises: 2303 Lonesome Dove Road. Approximately four and
one -half (4.5) acres, located in Southlake, Tarrant
County, Texas as described in the attached Exhibits
"A" and "B ".
Rent:
Term (months):
Commencement Date:
$1.00 for term of lease
Twenty -four (24) months.
July 31, 2012
Termination Date: July 31, 2014, or after sixty days written notice of
intent to terminate from either party, whichever comes
first
Use: For agricultural purposes only — grazing a maximum
of 3 -4 head of cattle / horses
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Shana Yelverton, City Manager
Meeting Date — August 21, 2012
Page 4 of 10
II. Lease Clauses and Covenants
1. Tenant Agrees to —
4B -4
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 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
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Shana Yelverton, City Manager
Meeting Date — August 21, 2012
Page 5 of 10
4B - 5
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.
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.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Shana Yelverton, City Manager
Meeting Date — August 21, 2012
Page 6 of 10
4B - 6
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.
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Shana Yelverton, City Manager
Meeting Date — August 21, 2012
Page 7 of 10
Landlord:
4B - 7
John Terrell, Mayor
City of Southlake
Attest:
Alicia Richardson, TRMC
City Secretary
Tenant:
Tommy Keeton
3108 Ipswich Drive
Plano, Texas 75025 -5718
214.535.1221
TKeetonDal(a
Approved as to Form and Legality:
City Attorney
City of Southlake Values:
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Shana Yelverton, City Manager
Meeting Date — August 21, 2012
Page 8 of 10
EXH113IT A
TAX MAP OF LEASE AREA
O P
i
N
1 4
4B - 8
FANNIN y
City of Southlake Values.
Integrity ♦ Innovation ♦ Accountability ♦ Commitment to Excellence ♦ Teamwork
Shana Yelverton, City Manager
Meeting Date — August 21, 2012
Page 9 of 10
EXHIBIT - A"
4B - 9
602 P03 JLIN 05 1 98 10:35
GF No. 164670 -T -66
BEING A TRACT OR PARCEL OF LAND OUT OF THE L. LINCOLN SURVEY, ABSTRACT NO. 981, AND THE
F. THROOP SURVEY. ABSTRACT NO. 1511, 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 1S 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 A80VE 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 55511 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 DESCRIBED 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 AS
CONVEYED TO JOE E. COKER, ET UX, MARSHA BY DEED RECORDED ON PAGE 870 OF VOLUME 6193
IN THE TARRANTCOUNTY DEED RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
2
Shana Yelverton, City Manager
Meeting Date — August 21, 2012
Page 10 of 10
4B -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 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
EXTRATERRITORIALJURISDICTId - 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 99 DEGREES 54 MINUTES 40 SECONDS WEST A DISTANCE OF 104.4 FEET TO A FOUND
112 INCH IRON ROD;
THENCE NORTH 3 DEGREES 38 MINUTES WEST A DISTANCE OF 2.08.7 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