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Home My WebLink AboutContract 38779-R4 CITY SECRUARY ON CONTRACT . FOURTH RENEWAL OF CITY SECRETARY CONTRACT NUMBER 38779 GRAZING LEASE AGREEMENT WITH MAR.TY RICHTER STATE OF TEXAS § COUNTY OF TARRANT § This FOURTH RENEWAL OF CITY SECRETARY CONTRACT NO. 38779 ("Renewal") is made 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 LES SEE'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 third renewal term of the Agreement (CSC 38779-R3) ends on September 30, 2012; 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: All terms and provisions of the original Agreement between the LESSOR and the LESSEE shall remain in full force and effect except as specifically amended herein. The fourth renewal term of this Agreement shall be for one (I) year, OFFICIAL RECORD I. Fourth Renewal of Grazin g g Lease Agreement CITY SECRETARY Page 1 of 2 FT, "- nRlrH,TIC 4M beginning on October 1, 2012, and concluding on September 30, 2013, unless terminated sooner in accordance with Article XXVI. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Renewal A ree ent in multiples in Fort Worth Tarrant County, this day of g p y, Y t/; 2012. LESSOR LESSEE By: � �� By: Suskn Al is, Marty Richter AssisPatif City Manager 00000000 � 4204 S. Hulen Street. Suite 614 &00 , Id o°°� �Q rt Worth, Texas 76109 ,�a o ATTEST. o G� a o r °n C°.0L 4y 0�40ao0°o4 City Secret ,4 APPROVED AS TO FORM AND LEGALITY fff�ff+Y ssis City Attorney M&C L-14749 OFFICIAL (RECORD Fourth Renewal of Grazing Lease Agreement Page 2 of 2 FY'. WORTH, TX M&C Re■iew Official ` ` Fort Worth,Texas'■ City Council Agenda Fo RT WOR-r ii COUNCIL ACTION: Approved on 4/7/2009 - Ord. No. 18534-04-2009 DATE: 4/7/2009 REFERENCE NO.: **L-14749 LOG NAME: 80NCGRAZELEASEI 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 producerlrancher 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 52.3 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. http:./.Iapps.cfwnet.org/counc11__packet/mc-review.as 1 1 p?ID�1 1106&councildate-4/712009 0 of 2)411012009 9:01:15 AM ,W&C Rev}ew 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 INFORMATIONXERTIFICATION: 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/AccounVCenters FE72 488100 080502107010 $2,052-00 FE72 522030 080502107010 $2,052.00 Submitted for City Manager's office b : Charles Daniels (0183) Oriqinating Department Head: Richard Zavala (5704) Additional Information Contact: Suzanne Tuttle (237-0940) ATTACHMENTS 80NCGRAZELEASE1 Ord .doc Exhibit A - Proposed Nature center Lease 6�.pdf Nature Center Grazinq Lease - entire park.pdf http:ilapps.cfwnet.org/council_packet/mc_review.asp''ID=l 1106&councildate=417!2009(2 of 2)411012049 9:01:15 AM Ordinance No. 18534 AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE SPECIAL TRUST FUND IN THE AMOUNT OF $27052.00 FOR THE PURPOSE OF AUTHORIZING AN ANNUAL LIVESTOCK GRAZING LEASE WITH MR. MARTY RICHTER WITHIN THE FORT WORTH NATURE CENTER AND REFUGE; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2008-2009, there shall also be increased estimated receipts and appropriations in the Special Trust Fund in the amount of $2,052.00 for the purpose of authorizing an Annual Livestock Grazing Lease with Mr. Marty Richter within the Fort Worth Nature Center and Refuge. SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of ordinance No. 18283 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ADOPTED AND EFFECTIVE: 41 Al Al 4/1 Aft ;ifl, `6 WON,"J" ........... -------------------