Loading...
HomeMy WebLinkAboutContract 64145Grazing Lease Between City of Fort Worth and Daniel McCurdy Page 1 of 9 GRAZING LEASE AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § This Grazing Lease Agreement (Agreement ) is made and entered into May 1, 2025, 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 DANIEL MCCURDY, an individual (Lessee ). WHEREAS Lessor is the owner of certain property located along 3150 and 3450 Tinsley Lane, Fort Worth, Tarrant County, Texas 76179, being approximately 213.66 acres, as more particularly described i which is attached hereto and incorporated herein WHEREAS Lessee desires to make use of the Leased Premises for the purposes of grazing cattle, reseeding native grass, and mowing and brush-hogging the pastures; WHEREAS Lessor requires that the Leased Premises be actively managed to protect Texas native grass species and to minimize the invasion of exotic, non-endemic grasses; and WHEREAS Lessor is willing to allow Lessee to use the Leased Premises in accordance with the terms of this Agreement. NOW THEREFORE, for the consideration set forth below, Lessor and Lessee agree as follows: 1. LEASED PREMISES. For and in consideration of the rental payments to be paid hereunder and the other covenants and promises expressed herein, Lessor does hereby agree to lease and demise to Lessee the Leased Premises. 2. TERM. The term of this Agreement shall be month-to-month beginning on May 1, 2025 and shall conclude on June 1, 2027 ), unless terminated earlier in accordance with Section 25. If Lessee performs and abides by all provisions and conditions of this Agreement and is not in default, this Lease Agreement may be renewed for up to five (5) additional thirty (30) day upon the mutual written agreement of the parties. In order to request a renewal of this Agreement, Lessee shall notify Lessor in writing of its desire to renew this Agreement no less than twenty (20) calendar days prior to the expiration of the term then in effect. The Initial Term and any Renewal Term 3. USE OF LEASED PREMISES. (a)Lessee may use the Leased Premises solely for the following purposes: (i) to graze domesticated livestock owned by the Lessee; (ii) store hay in the existing haybarn, as further illustrated in Exhibit A; (iii) to reseed the Leased Premises with native grass; and (iv) to mow and brush-hog the pastures on the Leased Premises . Grazing Lease Between City of Fort Worth and Daniel McCurdy Page 2 of 9 (b)Lessee will at all times use the Leased Premises only for the Permitted Uses and shall care for the Leased Premises in a good, husbandman-like manner and in accordance with customary farming, ranching, and soil conservation practices. (c)Lessee agrees that it will not commit or permit waste on the Leased Premises and that it will carefully protect all improvements that are now located on the Leased Premises or that may be installed during the term of this Agreement. (d)Lessee shall not cut any trees or brush on the Leased Premises without the prior written permission of Lessor. (e)Lessee shall not store any equipment or machinery on the Leased Premises, unless such equipment or machinery is strictly necessary for the Permitted Uses. (f)Lessee shall provide monthly communications and reporting to the Park & Recreation Department regarding the use of the Leased Premises, including the number of animals grazing on the Leased Premises, the application of fertilizers and herbicides, and any other information requested by Lessor. 4. ACCEPTANCE OF LEASED PREMISES. Lessee takes the Leased Premises and the Lessor. Lessee accepts the Leased Premises in its present condition, finds the Leased Premises suitable for the purposes intended, and further acknowledges that it is thoroughly familiar with such condition by reason of a personal inspection and does not rely on any representation by Lessor as to the condition of the Leased Premises or its suitability for any particular purpose. Lessee accepts the Leased Premises subject to any and all previously recorded easements that may have been granted on along, over, under, or across the Leased Premises, and releases Lessor from any and all damages, claims for damages, loss, or liabilities that may be caused to invitees, licensees, or trespassers by reason of the exercise of such rights or privileges granted in said easements. Lessee be conclusive evidence that (a) the Leased Premises is suitable for the purposes and uses for which the Leased Premises is leased; and (b) Lessee waives any and all defects in and to the Leased Premises and all the appurtenances thereto. Lessor shall not be liable to Lessee, its agents, employees, contractors, subcontractors, invitees, licensees, or guests for any damage to any person or property due to the acts or omissions on the Leased Premises of Lessee, its agents, employees, contractors, or subcontractors. 5. NO SERVICES. Lessor shall not furnish Lessee with any utilities, cleaning, lighting, security, fencing, gating, or any other items or services for the Leased Premises. Any services or utilities needed by Lessee will be provided by Lessee at its sole cost. 6. RENT. (a)Lessee shall timely pay to Lessor rent in the amount of One Hundred Thirty Dollars and 00/100 ($130.00) per month without notice, other address as may be specified in writing by Lessor. The obligations of Lessee to pay Rent to Lessor Grazing Lease Between City of Fort Worth and Daniel McCurdy Page 3 of 9 and the obligations of Lessor under this Agreement are independent obligations. Rent for the Initial Term shall be payable upon the Commencement Date. Upon the Commencement Date, Lessor may pre-pay the Rent for the initial six months in the amount of Seven Hundred Eighty Dollars and 00/100 ($780.00). Thereafter, Rent for the remaining Initial Term and any Renewal Term shall be payable on the first day of each calendar month. (b)Lessee shall promptly pay all real estate taxes, municipal assessments, water, sewer and utility charges, rent taxes, margin or franchise taxes, all general and special assessments, levies, permits, inspection and license fees and other governmental levies, together with any penalties, fines, against the Leased Premises, but shall not include income, inheritance, estate, transfer, excise, gift or capital gain taxes that are or may be payable by Lessor or that may be imposed against Lessor. The amount to be paid by Lessee on account of taxes during the first and last calendar years in which any portion of the Term falls shall be prorated per diem so that Lessee is liable only for so much of such taxes as the portion of the Term which falls within such calendar year bears to a full calendar year. In case of special taxes which may be payable in installments, only the amount of each installment payable during a calendar year shall be included in taxes for that calendar year. Lessor shall provide to Lessee a copy of all final tax bill(s) for each calendar year within ten (10) days after Lessor of such tax bill(s), and in any event at least thirty (30) days before the same are due and payable. Lessee may request the taxing authority to send duplicate copies of all tax bills and assessment notices directly to Lessee so Lessee is able to have immediate notice of same. Lessor retains the right to contest any assessment or the payment of any Impositions in its sole and absolute discretion. (c)Lessee shall pay directly to the applicable third party all utilities and other services necessary in the operation of the Leased Premises, including, but not limited to, gas, fuel oil, electrical, telephone and other utility charges, landscaping services, and grounds maintenance. Lessor shall not be responsible for providing any utilities to the Leased Premises and shall not be liable to Lessee in the event of any interruption, forfeiture, delay or diminution of utilities or other service to the Leased Premises. 7. INSURANCE. So long as this Agreement is in effect, Lessee shall maintain commercial general liability insurance coverage on the Leased Premises in the minimum amount of Five Hundred Thousand Dollars and 00/100 ($500,000.00), naming Lessor as an additional insured. Such coverage shall not exclude coverage for liability incurred as the result of the activity of the grazing cattle or associated with the maintenance of the grazing cattle on the Leased Premises. Lessee shall provide Lessor with a copy of the policy of insurance on demand. 8.NOTICES. Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: Grazing Lease Between City of Fort Worth and Daniel McCurdy Page 4 of 9 To Lessor: City of Fort Worth Attn: Park & Recreation Department 100 Fort Worth Trail Fort Worth, TX 76102-6314 With copy to Fort Worth Assistant City Manager Office and To Lessee: Mr. Daniel McCurdy P.O. Box 293 Rhome, TX 76078 9. LIABILITY AND INDEMNIFICATION. LESSEE SHALL AND DOES AGREE TO INDEMNIFY, PROTECT, DEFEND, AND HOLD HARMLESS LESSOR, LESSOR'S OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES (COLLECTIVELY, INDEMNITEES ) FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS AND EXPENSES, (INCLUDING REASONABLE COURT COSTS, REASONABLE ATTORNEYS' FEES AND REASONABLE COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR DESCRIPTION TO THE EXTENT ARISING OR ALLEGED TO ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY (1) RELATING TO THE USE OR OCCUPANCY OF THE LEASED PREMISES BY LESSEE, ITS EMPLOYEES, AGENTS AND LICENSEES OR (2) BY REASON OF ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED BY ANY ACT OR OMISSION ON THE PART OF LESSEE OR ANY EMPLOYEE, DIRECTOR, OFFICER, SERVANT, OR CONTRACTOR OF LESSEE OR (3) BY ANY BREACH, VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF LESSEE UNDER THIS AGREEMENT (COLLECTIVELY, LIABILITIES ), EXCEPT TO THE EXTENT ARISING OUT OF OR RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY INDEMNITEE. IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST ANY INDEMNITEE IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, LESSEE, ON NOTICE FROM LESSOR, SHALL DEFEND SUCH ACTION OR PROCEEDING, AT LESSEE EXPENSE, BY OR THROUGH ATTORNEYS REASONABLY SATISFACTORY TO LESSOR. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY TO ALL ACTIVITIES OF LESSEE WITH RESPECT TO THE USE AND OCCUPANCY OF THE LEASED PREMISES, WHETHER OCCURRING BEFORE OR AFTER THE COMMENCEMENT DATE OF THIS TERM AND BEFORE OR AFTER THE TERMINATION OF THIS AGREEMENT. THIS INDEMNIFICATION SHALL NOT BE LIMITED TO DAMAGES, COMPENSATION OR BENEFITS PAYABLE UNDER INSURANCE POLICIES, WORKERS' COMPENSATION ACTS, DISABILITY BENEFIT ACTS OR OTHER EMPLOYEES' BENEFIT ACTS. (b) IT IS AGREED WITH RESPECT TO ANY LEGAL LIMITATIONS NOW OR HEREAFTER IN EFFECT AND AFFECTING THE VALIDITY OR ENFORCEABILITY OF THE INDEMNIFICATION OBLIGATION UNDER THIS PARAGRAPH 8, SUCH LEGAL LIMITATIONS ARE MADE A PART OF THE INDEMNIFICATION OBLIGATION AND SHALL OPERATE TO AMEND THE INDEMNIFICATION Grazing Lease Between City of Fort Worth and Daniel McCurdy Page 5 of 9 OBLIGATION TO THE MINIMUM EXTENT NECESSARY TO BRING THE PROVISION INTO CONFORMITY WITH THE REQUIREMENTS OF SUCH LIMITATIONS, AND AS SO MODIFIED, THE INDEMNIFICATION OBLIGATION SHALL CONTINUE IN FULL FORCE AND EFFECT. (c) WAIVER OF LIABILITY. ALL PERSONAL PROPERTY OF LESSEE, INCLUDING LIVESTOCK, MACHINARY, AND EQUIPMENT, WHETHER PURSUANT TO THIS AGREEMENT OR OTHERWISE, SHALL BE AT THE RISK OF LESSEE ONLY, AND NO INDEMNITEES SHALL BE LIABLE FOR ANY LOSS OR THEFT OF OR DAMAGE TO PROPERTY OF LESSEE, ITS EMPLOYEES, AGENTS, PATRONS, INVITEES, OR TO OTHERS, REGARDLESS OF WHETHER SUCH PROPERTY IS ENTRUSTED TO EMPLOYEES OF LESSOR OR SUCH LOSS OR DAMAGE IS OCCASIONED BY CASUALTY, THEFT, OR ANY OTHER CAUSE OF WHATSOEVER NATURE, UNLESS DUE IN WHOLE OR IN PART TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY INDEMNITEE. 10. LIMITATION ON USE. Lessee may not excavate, dig, build, or store toxic chemicals, hazardous materials, or large machinery on the Leased Premises without the express prior written permission of Lessor. All improvements, including, but not limited to, fencing, holding pens, and water and feeding troughs installed on the Leased Premises during the term of this Agreement shall become part of the Leased Premises and shall become the property of the Lessor upon the termination of this Agreement. 11. MAINTENANCE OF ROADWAYS. Lessee will keep the access roads and any and all existing roadways on the Leased Premises in as good of repair and condition as they existing prior to the commence of this Agreement, ordinary wear and tear excepted. Lessee shall not commence any major repair to roadways on the Leased Premises without the prior written permission of Lessor. 12. MAINTENANCE OF DRAINAGE DITCHES. Lessee will keep any and all existing drainage ditches on Leased Premises open and unobstructed during the term of the Agreement. 13. MAINTENANCE OF TURF. Lessee will control grazing on the Leased Premises in a prudent and husbandman-like manner to prevent overgrazing and subsequent deterioration of the native or improved turf. Lessee will, at its sole cost and expense, reseed the Leased Premises with native plants and grasses of comparable kind and quality to those found on the Leased Premises at the time this Agreement is executed. All other portions of the Leased Premises shall be reseeded with grasses native to North Central Texas. If Lessee reseeds any portion of the Leased Premises at the conclusion of this Agreement, Lessee will consult with the Park & Recreation Department natural resources staff to determine the appropriate native seed mix content and coverage of the reseeding. 14. PREVENTION OF DUMPING. Lessee shall make all reasonable efforts to prevent dumping on the Leased Premises, including posting appropriate signage on perimeter fences and immediately removing all trash or debris found on the property. All signage shall be submitted to Lessor for approval prior to posting. Grazing Lease Between City of Fort Worth and Daniel McCurdy Page 6 of 9 15. PREVENTION OF TRESPASSING. Lessee shall make all reasonable efforts to prevent trespass on the Leased Premises, including posting appropriate signage on perimeter fences. All signage shall be submitted to Lessor for approval prior to posting. 16. HUNTING. Hunting on the Leased Premises is strictly prohibited. Lessee shall not hunt nor allow others to hunt on the Leased Premises by posting appropriate signage on perimeter fences. All signage shall be submitted to Lessor for approval prior to posting. 17. ASSIGNMENT, SUBLEASE, INHERITANCE. Lessee is prohibited from assigning its rights under this Agreement or subletting the Leased Premises or any part thereof without the prior written consent of the Lessor. Any attempted assignment or sublease without consent shall be void. 18. RIGHT OF ENTRY. Lessor reserves to itself, its agents, assigns, and employees the right to enter the Leased Premises at any time for the purpose of consulting with the Lessee, making inspection of the Leased Premises, making repairs or improvements, or for any other public purpose. 19. FAILURE TO PAY RENT. If Lessee fails to pay the Rent in the manner provided herein or fails to comply with the obligations, conditions, and covenants of this Agreement, Lessor may declare this Agreement immediately terminated. In such event, Lessor, its agent, or attorney, may enter and hold the Leased Premises until such time as the Rent provided herein has been paid in full. As security for payment of the Rent, Lessor shall have and is hereby given an express contract of lien on all cattle and other personal property of Lessee on the Leased Premises, this being in addition to the Statutory Landlord's Lien. 20. SALE OF THE LEASED PREMISES. Lessor reserves the right to sell the Leased Premises. In the event a sale should occur, Lessor shall provide Lessee with notice of termination in accordance with Section 25 and refund to Lessee all any unearned Rent on a pro rata basis. 21. MINERALS. There is exempted from this Agreement all oil, gas, and minerals in and under the Leased Premises and the right to mine and remove the same. This Agreement is made subject and subordinate to the terms and provisions of any valid oil, gas, and/or mineral lease or leases executed by Lessor either before or after commencement of this Agreement. 22. CONSERVATION. Lessee agrees to avail itself of the advice and services of the local Natural Resource Conservation Service, the Agricultural Extension Service, and the Farm Service Agency and will operate the Leased Premises in a good, husbandman-like manner and in accordance with customary farming, ranching, and soil conservation practices . Lessee will also use diligence in controlling noxious plants, and Lessor reserves the right to implement various management practices to aid in such control. 23. SURFACE DAMAGES. Lessor will be due all proceeds resulting from damages related to easements, mineral exploration, or other causes. Lessee shall receive a percentage of surface damages resulting from easements and/or gas exploration that cause a loss of grazing. The percentage will be agreed upon between Lessor and Lessee upon each occurrence. Grazing Lease Between City of Fort Worth and Daniel McCurdy Page 7 of 9 24. PROTECTION OF THE ENVIRONMENT. Lessee shall consult with the Park & Recreation Department prior to using any chemicals on the Leased Premises. Lessee agrees to comply with all laws regulating the use of the chemicals and disposition of containers. Lessee agrees to follow the instructions provided by the chemical company for the product being used on the Leased Premises and will use only licensed applicators when having a third party apply the chemicals. LESSEE WILL HOLD LESSOR HARMLESS FOR ANY LIABILITY CLAIMS AND CLEAN UP COSTS INVOLVING TRASH, REFUSE, CHEMICALS, OR 25. TERMINATION. This Agreement may be terminated by either party, with or without cause, by providing the other party with written notice thirty (30) days prior to the intended termination date. 26. RESTORATION. At the conclusion of this Agreement, either by expiration or termination, Lessee shall return the Leased Premises to a condition that is as good as or better than it existed at the commencement of this Agreement. [SIGNATURES APPEAR ON FOLLOWING PAGE] Grazing Lease Between City of Fort Worth and Daniel McCurdy Page 8 of 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples. LESSOR: By: ___________________________ Name: Dana Burghdoff Title: Assistant City Manager Date: ___________________________ LESSEE: By: ___________________________ Name: Daniel McCurdy Date: ___________________________ FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: By: ______________________________ Name: Dave Lewis Title: Director Park & Recreation Department By: ______________________________ Name: Joel McElhany Title: Assistant Director Park & Recreation Department Approved as to Form and Legality: By: ______________________________ Name: Hye Won Kim Title: Assistant City Attorney Contract Authorization: M&C: N/A Form 1295: N/A 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: ______________________________ Name: Robert Denkhaus Title: District Superintendent Park & Recreation Department City Secretary: By: ______________________________ Name: Jannette S. Goodall Title: City Secretary Grazing Lease Between City of Fort Worth and Daniel McCurdy Page 9 of 9 EXHIBIT A THE LEASED PREMISES = LEASED PREMISES Location of haybarn Contract Routing & Transmittal Slip Name: Daniel McCurdy Subject of the Agreement: PARD is leasing land to Daniel McCurdy an individual for the purposes of grazing cattle, reseeding native grass, and mowing and brush-hogging the pastures at Tinsley Park Ranch. M&C Approved by the Council? * Yes No If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes No If so, provide the original contract number and the amendment number. Is the Contract Permanent *Yes No If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes No If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: May 1, 2025 Expiration Date: June 1, 2027 If different from the approval date. If applicable. Is a 1295 Form required? * Yes No *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes No Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.