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HomeMy WebLinkAboutContract 38799-R9 QM 1 ,yP CITY SECRETARY CONTRACT NO. ��" aP OjnoF 25��� C INTH RENEWAL OF CITY SECRETARY CONTRACT NUMBER 38779 r 0�'SF0,9/- GRAZING LEASE AGREEMENT WITH MARTY RICHTER is NINTH RENEWAL OF CITY SECRETARY CONTRACT NO. 38779 ("Ninth Renewal") Z L W de and entered into by and between the City of Fort Worth, a home-rule municipal corporation of the State of Texas ("Lessor"), acting by and through its duly authorized Assistant City Manager, and Marty Richter, a natural person("Lessee"). WHEREAS, on June 2, 2009, Lessor and Lessee entered in to a Grazing Lease Agreement, the same being City Secretary Contract Number 38779("Agreement"); WHEREAS, said Agreement provides for Lessee's use of a portion of the Fort Worth Nature Center and Refuge for the purpose of grazing domesticated livestock; WHEREAS, the Agreement provides that the term may be renewed for additional one-year periods by mutual agreement between the Lessor and the Lessee; WHEREAS, the parties have renewed this Agreement eight times, and wish to renew it again for a ninth renewal period;and WHEREAS,the Lessee has given notice of his desire to renew and extend said Agreement for an additional one-year period under the same terms and conditions. NOW,THEREFORE,Lessor and Lessee agree to renew and extend the Agreement as follows: I. The Lessor and Lessee hereby agree to renew and extend the Agreement for a ninth renewal term of one(1)year,effective beginning on October 1,2017 and expiring on September 30, 2018, II. All terms and conditions of the Agreement that are not expressly amended pursuant to this Ninth Renewal shall remain in full force and effect. III. All terms in this Ninth Renewal that are capitalized but not defined shall have the meanings assigned to them in the Agreement. [Ninth Renewal of Grazing Lease Agreement OFFICIAL RECORD Page I of 2 CITY SECRETARY FT.WORTH,TX 11\1 WITNESS WIJERE,01', the parties herelo have cxccoled this Ninth Renewal Agreement in multiples in Fort Worifi,Tarrant(-'.outity,Tcxa,,;. LESSOR LESSEE B Y: Sus Ala is, Marty Richter Assi ity M a r ATT Offol City Secreta tq 0/1 0 APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney J (—Jxq-7f motroLken- M&C L-14749 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. By: Robert DenTaus Nature Center Manager OFFICIAL REC ORD CITY SRORVARY FIN WOKTMI TX Ninfli Renewal of Grazing Lease Agreement 'Page 2 oft 0&_1 ACview Official site of of • Worth, City Council Agenda FO RTWOR-rII COUNCIL ACTION: Approved on 4/7/2009 - Ord. No. 18534-04-2009 DATE: 4/7/2009 REFERENCE NO.: **L-14749 LOG NAME: 80NCGRAZELEASE1 CODE: L TYPE: CONSENT PUBLIC HEARING: NO SUBJECT: Authorize an Annual Livestock Grazing Lease of Approximately 285.8 Acres Within the Fort Worth Nature Center and Refuge with Mr. Marty Richter for an Annual Lease Fee of$2,052.00 and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1. Authorize an Annual Livestock Grazing Lease for approximately 285.8 acres of dedicated parkland within the Fort Worth Nature Center and Refuge with Mr. Marty Richter for an annual lease fee of$2,052.00; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund by $2,052.00; and 3. Authorize staff to spend fees collected totaling $2,052.00 on supplies for repairs to boundary fencing, post and cabling. DISCUSSION: Mr. Marty Richter is a livestock producer/rancher who raises cattle in the vicinity of the Fort Worth Nature Center and Refuge (the "Nature Center"). Mr. Richter contacted the City to inquire about leasing a portion of the Nature Center for grazing purposes. The property in question consists of a 285.8 acre tract that abuts Mr. Richter's property and that is generally not accessible by members of the public at the present time. The 285.8 acre tract consists of 62.3 acres of improved grazing land that has been previously cultivated with feed crop and 223.5 acres of bottomland that lacks significant grazing resources. The 2003 Nature Center Strategic Master Plan does not recommend any type of future development of this tract that would conflict with its present day use by livestock. It is located in a remote corner of the park and is therefore infrequently visited by staff. The proposed grazing lease would benefit the City having a tenant on-site to keep watch on the property while generating a small amount of revenue. Staff will coordinate use of the site with Mr. Richter and monitor impacts while livestock are present to ensure compliance with the terms of the Annual Livestock Grazing Lease (Lease). Staff recommends a total annual lease fee of$2,052.00, which represents a $15 per acre fee for the improved grazing land and a $5 per acre fee for the unimproved bottomland. These fees match market rates for grazing leases. Staff will spend fees collected on supplies for repairs to boundary fencing, post and cabling. The proposed Lease would be an initial one year term with indefinite annual renewal options upon mutual consent and would include a provision allowing either party to terminate the Lease, with or without cause, on 30 days written notice. hup:Happs.cfwnet.org/council_packet/mc_review.asp?ID=11106&councildate=4/7/2009(1 of2)4/10/2009 9:01:15 AM NI&C Ft--view On December 17, 2008, the Parks and Community Advisory Board endorsed staffs recommendation that the City Council authorize City staff to enter into a Lease within the Nature Center with Mr. Marty Richter. The Fort Worth Nature Center and Refuge Conservancy and the Friends of the Fort Worth Nature Center and Refuge, non-profit community support groups for the Nature Center, have no objections to entering into this Lease. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that the Park and Community Services Department is responsible for collection and deposit of funds due to the City under this Lease. Upon approval of the above recommendations and adoption of the attached appropriation ordinance funds will be available in the current operating budget, as appropriated, of the Special Trust Fund. TO Fund/Account/Centers FROM Fund/Account/Centers FE72 488100 080502107010 $2,052.00 FE72 522030 080502107010 $2,052.00 Submitted for City Manager's Office by: Charles Daniels (6183) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Suzanne Tuttle (237-6940) ATTACHMENTS 80NCGRAZELEASE1 Ord .doc Exhibit A- Proposed Nature Center Lease Area.pdf Nature Center Grazing Lease- entire park.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=1 1106&councildate=4/7/2009(2 of 2)4/10/2009 9:01:15 AM