HomeMy WebLinkAbout45-11 RESOLUTIONRESOLUTION NO. 45-11
A RESOLUTION APPROVING A LEASE CONTRACT WITH JEFF PRICE
ON 54.55 ACRES OF LAND ADJACENT TO LAKE SEQUOYAH FOR
PURPOSES OF PASTURING CATTLE AND HORSES, AND CUTTING AND
BALING HAY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a
lease contract with Jeff Price, a copy of which is attached as Exhibit "A", concerning 54.55 acres
of land described therein adjacent to Lake Sequoyah for purposes of pasturing cattle and horses,
and cutting and baling hay.
PASSED and APPROVED this 15th day of March, 2011.
APPROVED:
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ayor
ATTEST:
By: /11011-6) M444--)
SON 1 RA E. SMITH, City Clerk/Treasurer
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FAYETTEVILLE: F.
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City of Fayetteville
Lake Sequoyah Lease Agreement
This Agreement executed this /64" day of VAAA. , 2011, between the
City of Fayetteville, Arkansas, a municipal corporation, hereinafter called "the City"
and Jeff Price, hereinafter called "Mr. Price". This agreement is for approximately 54.55
acres of unused land adjacent to Lake Sequoyah.
Whereas, Mr. Price is the owner of approximately 285 acres of land which adjoins land
owned by the City adjacent to Lake Sequoyah; and
Whereas, the aforementioned 54.55 acres of land owned by the City is landlocked and
adjacent to the 285 acres of land owned by Mr. Price; and
Whereas, illegal activity including poaching, four wheeling, discharge of firearms, boat
launching, and fishing has been deterred under the prior 10 year agreement; and
Whereas, Mr. Price is in good standing with the City from the prior 10 year agreement
and the agreement was of great benefit to the City.
Now, Therefore, the City and Mr. Price hereby agree as follows:
1. The City hereby agrees to allow Mr. Price to utilize, the following described
property(s) situated in Washington County, Arkansas, described in Exhibit A
attached hereto and made a part thereof.
2. The term of this agreement shall be for a period of two (2) years commencing on
the execution date hereof. However, the agreement may be automatically
renewed for eight (8) one (1) year terms upon agreement by both the City and
Mr. Price. Provided, the City may terminate this agreement at any time for all or
any portion of the demised premises by giving Mr. Price ninety (90) days written
notice by regular mail at Mr. Price's regular mailing address if the City
determined that said premises are needed for public park purposes.
3. In consideration for the City leasing the demised premises to Mr. Price, Mr. Price
agrees to pay the City $2,600 per year. Payment is to be made by January 1 of
each year.
4. Mr. Price shall use the demised premises solely to provide pasture for Mr. Price's
cattle and/or horses and to bale and remove hay. When baled, any hay shall
immediately become the property of Mr. Price.
5. Mr. Price shall fertilize the demised premises so that, upon expiration of this
agreement, the demised premises shall be in as good condition as on the
execution date hereof. Fertilizer should be applied in accordance to applicable
local and states laws.
6. Mr. Price shall not remove, nor permit to be removed, any tree on the demised
premises.
7. Mr. Price shall not hunt, or permit any other person to hunt, on the demised
premises.
8. During the term of this agreement, the City shall have the right to construct
walking paths in close proximity to Lake Sequoyah which walking paths shall
constitute a public easement for use by the public. If such walking paths conflict
with grazing cattle and/or horses, Mr. Price shall exclude cattle and/or horses
from the trail premises.
9. The City shall have the right to enter the demised premises at any time for the
purpose of inspecting the property, surveying, or constructing walkways; and the
City shall not be liable to Mr. Price for damages as a result of such entry,
surveying, or construction.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day
and year first above written.
CITY OF FAY TEVI E, ARKANSAS
B :
Lioneld
ATTEST:
By aiLkUAl
an, Mayor
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Sondra Smith, City Clerk
MR. JEFF PRICE
B .
Exhibit A
Jeff Price Lease Agreement
Lake Sequoyah property - green outline
54.55 acre tract - red outline
Jeff Price property - blue outline
0/011 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 1 1.1 1.2 1_3
Miles
Byron Humphry
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
CO10%40
3/K/11
CitY—Co cil Meeting Date
Agenda Items Only
Parks Maintenance
Division
Action Required:
Approve an agreement with Jeff Price to pasture cattle and/or horses and to bale and remove hay on 54.55 acres of
land adjacent to Lake Sequoyah for $2600 per year. Agreement is for two years and can be automatically renewed
for an additional 8 years. This agreement will renew an expired 10 year agreement that was very beneficial to the City
and Mr. Price. Purchasing Director, Peggy Vice, approved not bidding due to location of land (being landlocked from
other individuals) and Mr. Price's good standing with the City.
Parks and Recreation
Department
($2,600)
Cost of this request
1010-0001-4997.00
Account Number
Project Number
Budgeted Item
Category / Project Budget
Program Category / Project Name
General
Funds Used to Date Program / Project Category Name
Parks Misc. Revenue
Remaining Balance Fund Name
Budget Adjustment Attached
edFA
epartme rtC
Ci Attorney
Finance and Internal Services Director
Date
2-z r -/I
Date
2 .17'2"
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
02-25-11 PO4:07 RCVD
Received in City
Clerk's Office
Comments: Mr. Price owns approximately 285 acres of land south of the referenced 54.55 acres.
AciA f- 91- rc 4, he aoptcyrS kilaukt.tA-PAP-Iiim.461,--, .4
Revised January 15, 2009
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THE CITY OF FAYETTEVILLE, ARKANSAS
PARKS AND RECREATION DEPARTMENT
113 West Mountain
Fayetteville, AR 72701
P (479)444-3471 F (479) 521-7714
ARKANSAS
www.accessfayetteville.org
TO: Mayor Jordan
THRU: Don Marr, Chief of Staff
Connie Edmonston, Parks and Recreation Director
FROM: Byron Humphry, Parks Maintenance Superintendent
DATE: March 3, 2011
RE: Lake Sequoyah Lease Agreement to William Keith Shofner, Jr. and Jeff Price
In 1958 the City began purchasing land around Lake Sequoyah as a water supply. Certain landowners
were given a license agreement to continue to utilize the property for grazing and/or hay production.
These license agreements were specified to previous property owners for their lifetime and/or the
lifetime of their heirs. One such lease was given to the Shofner family in 1960 for the lifetime of Hal L.,
William Keith, Alice Ruth, William Keith Jr., and Robert Wallace Shofner. Currently William Keith
Shofner holds claim to the lifetime license agreement.
In 1999, it was determined that 82.55 acres adjacent to the Shofner lifetime lease (see attached map),
land that was formerly held in a lifetime license agreement by the Miller family, was deteriorating and
illegal activity was occurring which included poaching, four wheeling, discharge of firearms, boat
launching, and fishing without permit. At this time William Keith Shofner, Jr. offered to build new
fencing around the Miller property and provide gated access through his current lifetime lease property.
The City agreed to a 2 year lease, renewable for 8 one-year terms which would allow Shofner to pasture
cattle and/or horses and to bale and remove hay. The lease also allowed Shofner access to remote areas
of his lifetime lease area. In exchange, Shofner agreed to build and maintain fencing on the property,
maintain the premises in a good condition, and prevent unauthorized access and hunting. Through this
lease, the City gained a steward of the land that provided security and maintenance.
In 2000, it was determined that the land to the east of the old Miller property (54.55 acres) was also
deteriorating and illegal activity was occurring similar to the former condition of the old Miller property.
Shofner approached the City to lease the 54.55 acre tract to maintain the land and deter illegal activity.
Jeff Price also expressed interest in leasing this property because he owns all of the land to the south of
the 54.55 acres. Price owns approximately 285 acres. Since both gentlemen were interested in leasing
the property, bids were taken and the lease was awarded to Jeff Price in which he offered a sum of
$2,600 per year. In addition to the annual payment, Mr. Price also agreed to build and maintain a fence
on the property, maintain the property in a good condition, and prevent unauthorized access and hunting.
The City agreed to a 2 year lease, renewable for 8 one-year terms.
Both of the Shofner and Price leases have expired. Due to both gentlemen being in good standing with
the City over the course of their previous 10 year leases, and because each property is essentially
landlocked to anyone else other than Shofner or Price, it is the desire of the Parks Department to renew
the leases for the following reasons:
1. Shofner holds a lifetime lease adjacent to the 82.55 acres that he formerly leased.
2. Shofner needs the 82.55 acres to access his lifetime lease area with the City.
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701
THE CITY OF FAYETTEVILLE, ARKANSAS
3. Price owns all of the land surrounding the 54.55 acres that he formerly leased from the City.
4. The 54.55 acres is only accessible to Shofner or Price.
5. Both of the former leases were of great benefit to the City providing maintenance and deterring
illegal activity in this area at Lake Sequoyah. These illegal activities are all prohibited by City
ordinance but are difficult to enforce without the lease agreement and the presence of the lessee
tending to the land.
6. Both Shofner and Price were contacted and wish to continue their respective lease agreements
under the previous terms with the exception that Shofner would pay the same rent per acre of
pasture land as Price, which is approximately $112 per acre. The 54.55 acres that Price leased is
comprised of approximately 23 acres of pasture land whereas the 82.55 acres that Shofner leased
is comprised of approximately 18 acres of pasture land. Therefore the new lease with Shofner
will be for $2,000 per year.
The Parks and Recreation Department therefore recommends that we renew our lease agreements with
Mr. Shofner and Mr. Price for the same terms and duration as the previous leases that have expired with
the exception that Mr. Shofner agrees to pay $2,000 per year. The biggest value of these leases to the
City is that these properties are maintained and illegal activity is deterred without an expense to the City.
Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701
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Shofner and Price Property and Leases
Lake Sequoyah Property - green outline
Shoner lease 82.55 acre tract - red outline
Shofner 169.8 acre lifetime lease - yellow outline
Shofner property 40 acres - blue outline
Price lease 54.55 acre tract - purple outline
Price owned property 285 acres - teal outline
00.09.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9
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RESOLUTION NO.
A RESOLUTION APPROVING A LEASE CONTRACT WITH JEFF PRICE
ON 54.55 ACRES OF LAND ADJACENT TO LAKE SEQUOYAH FOR
PURPOSES OF PASTURING CATTLE AND HORSES, AND CUTTING AND
BALING HAY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a
lease contract with Jeff Price, a copy of which is attached as Exhibit "A", concerning 54.55 acres
of land described therein adjacent to Lake Sequoyah for purposes of pasturing cattle and horses,
and cutting and baling hay.
PASSED and APPROVED this 15th day of March, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City ClerldTreasurer
le
THE CITY OF FAYETTEVILLE, ARKANSAS
* PARKS AND RECREATION DEPARTMENT
113West Mountain
Fayetteville, AR 72701
P(479)444-3471 E (479).521-7714
ARKANSAS
TO: Mayor Jordan
TI -IRU: Don Marr, Chief of Staff
Connie Edmonston, Parks and Recreation Directora,
FR Byron Humphry, Parks Maintenance Superintendent
DATE. March 3,2011
RE: Lake Sequoyah Lease Agreement to William Keith Shofner, Jr. and Jeff Price
In 1958 the City • gait purchasing land around Lake Sequoyah as a water supply. Certain landowners
were given a licens 2recment to continue to utilize he property for grazing and/or hay production.
These license agreemei were specified to previou, property owners for their lifetime and/or the
lifetime of their heirs. On uch lease was given to be Shother family in 1960 for the lifetime of Hal
William Keith, Alice Ruth, iam Keith Jr., and obert Wallace Shofner. Currently William Keith
Shofner holds claim to the lifetim icense agreem nt.
In 1999, it was determined that 82.55 ac s adjac nt to the Shofner lifetime lease (see attached map),
land that was formerly held in a lifetime lic we • greement by the Miller family, was deteriorating and
illegal activity was occurring which included s ching, four wheeling, discharge of firearms, boat
launching, and fishing without permit. At this t William Keith Shatter, Jr. offered to build new
fencing around the Miller property and provide gate access through his current lifetime lease property.
The City agreed to a 2 year lease, renewable f • 8 one- . ar terms which would allow Shofner to pasture
cattle and/or horses and to bale and remove hqy. The leas also allowed Shofner access to remote areas
of his lifetime lease area. In exchange, Shot) r agreed to buk1.and maintain fencing on the property,
maintain the premises in a good condition, ad prevent =author' d access and hunting. Through this
lease, the City gained a steward of the land /tat provided security an -maintenance.
In 2000, it was determined that the land to/the east of the old Miller property (54-.55 acres) was also
deteriorating and illegal activity was occurring similar to the former condition of the old Miller property.
Shofner approached the City to lease the .54.55 acre tract to maintain the land and deter illegal activity.
Jeff Price also expressed interest in leasing this property because he owns all of the land to the south of
the 54.55 acres. Price owns approximately 285 acres. Since both gentlemen were interested in leasing
the property, bids were taken and the lease was awarded to Jeff Price in which he offered a sum of
$2,600 per year. In addition to the annual payment, Mr. Price also agreed to build and maintain a fence
on the property, maintain the property in a good condition, and prevent unauthorized access and hunting.
The City agreed to a 2 year lease, renewable for 8 one-year terms.
Both of the Shofner and Price leases have expired. Due to both gentlemen being in good standing wilh
the City over the course of their previous 10 year leases, and because each property is essentially
landlocked to anyone else other than Shofner or Price, it is the desire of the Parks Department to renew
the leases under the same terms that were agreed upon 10 years ago for the following reasons:
1. Shofner holds a lifetime lease adjacent to the 82.55 acres that he formerly leased.
2. Shofner needs the 82.55 acres to access his lifetime lease area with the City.
Telecornmui al( Device for the Deaf TDD (479) 521-1316
113 West Mountain - Fayetteville, 9972701
THE CITY OF FAYETTEVILLE, ARKANSAS
3. Price owns all of the land surrounding the 54.55 acres that he formerly leased from the City.
4. The 54.55 acres is only accessible to Shofner or Price.
5. Both of the former leases were of great benefit to the City providing maintenance and deterring
illegal activity in this area at Lake Sequoyah. These illegal activities are all prohibited by City
ordinance but are difficult to enforce without the lease agreement and the presence of the lessee
tending to the land,
6. Both Shofner and Price were contacted and wish to continue their respective lease agreements
under previous terms.
The Parks and Recrea on Department therefore recommends that we renew our lease agreements with
Mr. Shother and Mr. Pri for the same terms and duration as the previous leases that have expired.
The biggest value of these Ic es to the City is that these roperties are maintained and illegal activity is
deterred without an expense to e City.
irelecorninunications Device for the Deaf TDD (479) 521-2 316
113 West Mountain Fayetteville, Alt 72701
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