HomeMy WebLinkAbout90-21 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 90-21
File Number: 2021-0175
SHOFNER LEASE AGREEMENT:
A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH WILLIAM KEITH
SHOFNER, JR. FOR 82.55 ACRES OF UNUSED LAND ADJACENT TO LAKE SEQUOYAH
FOR THE PURPOSES OF PASTURING CATTLE AND HORSES, AND CUTCING 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 authorizes Mayor Jordan
to sign a four year lease agreement, a copy of which is attached to this Resolution, with William Keith
Shofner, Jr. for 82.55 acres of unused land adjacent to Lake Sequoyah in the amount of $2,000.00
annually, with automatic renewals for up to two additional four year terms.
PASSED and APPROVED on 3/16/2021
Attest:
``��t� � t r r r ►r,'rri
�,••• G1T pc,q`t'G
FAYET-rEVI[ �E
Kara Paxton, City Clerk Treasured
ION 101,````�.
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Page 1 Printed on 3/17/21
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
• ti :,
(479)575-8323
Text File
®� File Number: 2021-0175
Agenda Date: 3/16/2021 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A.7
SHOFNER LEASE AGREEMENT:
A RESOLUTION TO APPROVE A LEASE AGREEMENT WITH WILLIAM KEITH SHOFNER, JR.
FOR 82.55 ACRES OF UNUSED LAND ADJACENT TO LAKE SEQUOYAH FOR THE 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 authorizes Mayor Jordan to sign a
four year lease agreement, a copy of which is attached to this Resolution, with William Keith Shofner, Jr. for
82.55 acres of unused land adjacent to Lake Sequoyah in the amount of $2,000.00 annually, with automatic
renewals for up to two additional four year terms.
City of Fayetteville, Arkansas Page 1 Printed on 311712021
City of Fayetteville Staff Review Form
2021-0175
Legistar File ID
3/16/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Byron Humphry 2/26/2021 PARKS & RECREATION (520)
Submitted By Submitted Date Division / Department
Action Recommendation:
A resolution approving a lease contract with William Keith Shofner, Jr. on 82.55 acres of land adjacent to Lake
Sequoyah for purposes of pasturing cattle and horses and cutting and baling hay.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
O
V20160321
Purchase Order Number: Previous Ordinance or Resolution # 44-11
Change Order Number:
Original Contract Number:
Ccmments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MARCH 16, 2021
TO: Mayor and City Council
CITY COUNCIL MEMO
THRU: Susan Norton, Chief of Staff
Connie Edmonston, Parks and Recreation Director
FROM: Byron Humphry, Park Maintenance Superintendent
DATE: February 26, 2021
SUBJECT: A resolution approving a lease contract with William Keith Shofner, Jr. on
82.55 acres of land adjacent to Lake Sequoyah for purposes of pasturing cattle and
horses and cutting and baling hay.
RECOMMENDATION:
A resolution approving a lease contract with William Keith Shofner, Jr. on 82.55 acres of land
adjacent to Lake Sequoyah for purposes of pasturing cattle and horses and cutting and baling
hay.
BACKGROUND:
In 1958, the City began purchasing land around what is now 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 a claim to a lifetime license
agreement for 169.8 acres on the south side of Lake Sequoyah.
In 1999, it was determined that 82.55 acres adjacent to the Shofner lifetime lease, 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 Willaim Keith Shofrier, 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
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
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 acre tract. 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 for $2,600 per year. In addition, Mr. Price agreed to build and
maintain a fence on the property, maintain the property in good condition, and prevent
unauthorized access and hunting. The City agreed to a 2 year lease, renewable for 8 one-year
terms.
In 2011, the aforementioned leases expired. Due to both gentlemen being in good standing
with the City over the course of their previous 10-year lease agreements, the leases were
renewed for an additional 10-year period with the addition that Shofner paid $2,000 annually for
the lease.
DISCUSSION:
The Shofner lease expires on March 15, 2021. The Parks Department would like to renew the
lease to Shofner for the following reasons:
• Mr. Shofner is in good standing with the City over the course of the previous two 10-year
lease periods.
• The lease property is essentially landlocked to anyone else other than Shofner. Shofner
holds a lifetime lease of 169.8 acres that is adjacent to the 82.55 acre lease area and is
the only means of access.
• Both the former two 10-year leases were of great benefit to the City providing
maintenance and deterring illegal activity in this remote area at Lake Sequoyah.
The renewed lease agreement would be for a 4-year term with the option to automatically renew
for two additional 4-year terms. The City reserves the right to access the lease area and to
build trails and public access across the lease areas if so desired. If the City desires all the
lease area for recreational purposes, the City can cancel the lease at any time with 90 days
written notice.
BUDGET/STAFF IMPACT:
In addition to the upkeep and management of the leased area, Mr. Shofner also pays $2,000
annually for the lease.
Attachments:
Shofner Lease Agreement
Resolution 44-11
2
City of Fayetteville
Lake Sequoyah Lease Agreement
This Agreement executed this day of daIZA
, 2021, between the
City of Fayetteville, Arkansas, a municipal corporation, hereinafter called "the City"
and William Keith Shofner, Jr., hereinafter called "Mr. Shofner". This agreement is for
approximately 82.55 acres of unused land adjacent to Lake Sequoyah.
Whereas, Mr. Shofner is the owner of approximately 40 acres of land which adjoins land
owned by the City adjacent to Lake Sequoyah; and
Whereas, Mr. Shofner currently retains a lifetime lease on approximately 169.8 acres of
land from the City, as a result of the original construction of Lake Sequoyah; and
Whereas, the aforementioned 82.55 acres of land owned by the City is adjacent to the
169.8 acres of land under the lifetime lease of Mr. Shofner and is essential for access to
the leased property; and
Whereas, illegal activity including poaching, four wheeling, discharge of firearms, boat
launching, and fishing has been deterred under the prior two 10-year agreements; and
Whereas, Mr. Shofner is in good standing with the City on existing leased land and the
prior two 10-year agreements were of great benefit to the City.
Now, Therefore, the City and Mr. Shofner hereby agree as follows:
1. The City hereby agrees to allow Mr. Shofner 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 four (4) years. commencing on
the execution date hereof. However, the agreement may be automatically
renewed for two (2) four (4) year terms upon agreement by both the City and Mr.
Shofner. Provided, either party may terminate this agreement at any time for any
reason for all or any portion of the demised premises by giving the other party
ninety (90) days written notice by regular mail at that party's• iregular mailing
address.
3. In consideration for the City leasing the demised premises to Ur. Shofner, Mr.
Shofner agrees to pay the City $2,000 per year. Payment is to,be made by January
1 of each year.
4. Mr. Shofner shall use the .demised premises solely to provide oasture for Mr.
Shofner's cattle and/or horses and to bale'and remove hay. Whe-i baled, any hay
shall immediately become the property�of Mr. Shofner.
5. Mr. Shofner 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. Shofner shall not remove, nor permit to be removed, any tree on the demised
premises.
7. Mr. Shofner 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 c nstruct 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 con lict with grazing
cattle and/or horses, Mr. Shofner 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. Shofner 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.
MR. WILIIAM KEITH SHOFNER, JR.
By: W r I"
William Keith Shofner, Jr.
�111rrrrrfpj
ARK / T RF�,��
YEITEVILLE
y
G �ON� CO
RESOLUTION NO.44-11
A RESOLUTION APPROVING A LEASE CONTRACT WITH WILLIAM
KEITH SHOFNER, JR. ON 82.55 ACRES OF LAND ADJACENT TO LAKE
SEQUOYAH FOR PURPOSES OF PASTURING CATTLE AND HORSES,
AND CU'l-l'ING 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 William Keith Shofner, Jr., a copy of which is attached as Exhibit "A",
concerning 82.55 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 15`h day of March, 2011.
APPROVED: ATTEST:
By:-9
y: By:
IO 1 LD JO N. Mayor SON RA E. SMITH, City Clerk/Treasurer
Y W
: FAYETTEVI LLE:
NGiON
11111i11��,`
E 'HINTZ
City of Fayetteville
Lake Sequoyah Lease Agreement
This Agreement executed this day of , 2011, between the
City of Fayetteville, Arkansas, a municipal corporation, hereinafter called "the City"
and William Keith Shofner, Jr., hereinafter called "Mr. Shofner". This agreement is for
approximately 82.55 acres of unused land adjacent to Lake Sequoyah.
Whereas, Mr. Shofner is the owner of approximately 40 acres of land which adjoins
land owned by the City adjacent to Lake Sequoyah; and
Whereas, Mr. Shofner currently retains a lifetime lease on approximately 169.8 acres of
land from the City, as a result of the original construction of Lake Sequoyah; and
Whereas, the aforementioned 82.55 acres of land owned by the City is adjacent to the
169.8 acres of land under the lifetime lease of Mr. Shofner and is essential for access to
the leased property; 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. Shofner is in good standing with the City on existing leased land and the
prior 10 year agreement was of great benefit to the City.
Now, Therefore, the City and Mr. Shofner hereby agree as follows:
1. The City hereby agrees to allow Mr. Shofner 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. Shofner. Provided, the City may terminate this agreement at any time for all
or any portion of the demised premises by giving Mr. Shofner ninety (90) days
written notice by regular mail at Mr. Shofner'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. Shofner, Mr.
Shofner agrees to pay the City $2,000 per year. Payment is to be made by
January 1 of each year.
4. Mr. Shofner shall use the demised premises solely to provide pasture for Mr.
Shofner's cattle and/or horses and to bale and remove hay. When baled, any
hay shall immediately become the property of Mr. Shofner.
5. Mr. Shofner 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. Shofner shall not remove, nor permit to be removed, any tree on the demised
premises.
7. Mr. Shofner 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. Shofner 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. Shofner 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 FA ETTEVILLE, ARKANSAS
By:
Lioneld Jr n, Mayor
ATTEST:
`JiNIfllry�,��'
`
By.
;FAYETfEVILLE�
Sondra Smith, City Clerk
_ ..�;
�y�oroN
MR. WILIIAM KEITH SHOFNER, JR.
By:
William Keith Shofner, Jr
SEOUOY P�
1. Lake Sequoyah Property
DANITAST
HUNTSViLLE RD
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0 0 HAHNDO LN
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Shofner Lifetime
Lease area
BRANDI AVE
SPANN DR W
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HSATHM o7m LN
SARAALICE CT
HARRM DR
DUNAWAY RQ
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Exhibit
Wffliarn Shofner Lease Agreement
Lake Sequoyah Property - green outline
82-66 Acre Tract - red outline 00.09.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 1
169.8 Acre Lifetime Lease - yellow outline
Shofner property - blue outline Miles
�UT� City of Fayetteville Staff Review Form
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F"�'C�Q.K ca City Council Agenda Items
kq _ g _ and
�^' Contracts, Leases or Agreements
6-4-4� J81 i Ghw►a I
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City Council Meeting Date
Agenda Items Only
Byron Hurnphry Parks Maintenance Parks and Recreation
Submitted By h Division Department
09
Action Requirl'd:
Approve an agreement with William Keith Sho er, Jr., to pasture cattle and/or horses and to bale and remove hay on
82.55 acres of land adjacent to Lake Sequoya . 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. Shofner. Purchasing director, Peggy Vice, approved not bidding due to location of land (landlocked from other
individuals) and due to Mr. Shofner's good standing with the City.
Cost of this request Category / Project Budget Program Category/ Project Name
Account Number Funds Used to Dale Program !Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item U Budget Adjustment Attached LJ
.aIR
�
Date
Date
Finance and Internal Services Director Date
" 'a, , 3-/-//
yChiefof Date
Aate
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in Cit
�t2-'L -1 1 P 0 4 0'7 I<CV0
Clerk's Office
Received in j
Mayor's Office
Comments: This land is immediately adjacent to a 169.8 acres at Lake Sequoyah owned by the City in which the Shofner family
has a lifetime lease. Shofner also owns 40 acres adjacent to City property.
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Revised January 15, 2009
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a e eel e
�AAKANSAS_
THE CITY OF FAYETTEVILLE, ARKANSAS
PARKS AND RECREATION DEPARTMENT
113 West Mountain
Fayetteville, AR 72701
P (479) 444-3471 F (4791 521.7714
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 fer-cing 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 1 13 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
RESOLUTION NO.
A RESOLUTION APPROVING A LEASE CONTRACT WITH WILLIAM
KEITH SHOFNER, JR. ON 82.55 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 William Keith Shofner, Jr., a copy of which is attached as Exhibis "A",
concerning 82.55 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 151h day of March, 2011.
APPROVED: ATTEST:
By:
LIONELD JORDAN, Mayor
By:
SONDRA E. SMITH, City Clerk/Treasurer
Rook?_-. -- --
i
.......
Lake Sequoyah Property • .. —• t -_... _... _..._......
_fir._....... ........�.... _... ___
E:RU-.......
- _ -
Shofner Lifetime
Lease area
Old Uhler Property — O
92.55 Acre Tract,
Shotoer 10 yr lease
4.55 Acre Tract --
- -- 10 rlease
Price owned
property
Lease area
Shofner owned - —
Property
_J
- -- '--- _
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 1
Miles
City of Fayetteville
Lake Sequoyah Lease Agreement
This Agreement executed this day of 2011, between the
a'
City of FayettpVille, Arkansas, a munrrcalled
i corporation, hereinafter called "the City"
O William Keith Shofner, Jr., hereinaf "Mr. Shofner". This agreement is for
ly 82.55 acres of unused laid adjacent to Lake Sequoyah.
Whereas, Mr. ofner is the owner f approximately 40 acres of land which adjoins
land owned by the C adjacent to L ke Sequoyah; and
Whereas, Mr. Shofner Curren r tains a lifetime lease on approximately ' 69.8 acres of
land from the City, as a result of riginal construction of Lake Sequoyah; and
Whereas, the aforementioned 2.55 acres land owned by the City is adjacent to the
169.8 acres of land under the ifetime lease of Mr. hofner and is essential for access to
the leased property; and
Whereas, illegal activity incli iding poaching, four wheeling, di harge of frearms, boat
launching, and fishing has been deterred under the prior 10 year agr ment; and
Whereas, Mr. Shofner is in Jood standing with the City on existing leased NQd and the
prior 10 year agreement was pf great benefit to the City.
Now, Therefore, the City andpr. Shofner hereby agree as follows:
1. The City hereby agrees to allow Mr. Shofner 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
e execution date hereof. However, the; agreement may be automatically
re ewed for eight (8) one (1) year terms �on agreement by both the City and
Mr. ofner. Provided, the City may ter mate this agreement at any time for all
or any ortion of the demised premise by giving Mr. Shofner ninety (90) days
written not a by regular mail at Mr. S ofner's regular mailing address if the City
determined tha said premises are n ded for public park purposes.
3. In consideration fo the City leasin the demised premises to Mr. Shofner, Mr.
Shofner shall maintain a Bemis d premises in a sightly condition at all times.
Mr. Shofner shall erect an mai lain fences and maintain signage provided by
the City on the demised premi
4. Mr. Shofner shall use the de is d premises solely to provide pasture for Mr.
Shofner's cattle and/or horse and t bale and remove hay. When baled, any
hay shall immediately beco the prop y of Mr. Shofner.
5. Mr. Shofner shall fertilize t e demised pre ises so that, upon expiration of this
agreement, the demised remises shall be in as good condition as on the
execution date hereof. F rtilizer should be app d in accordance to applicable
local and states laws.
6. Mr. Shofner shall not re ove, nor permit to be removed, any tree on the demised
premises.
7. Mr. Shofner shall not unt, or permit any other person to hu 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. Shofner shall exclude cattle and/or horses
from the trail premises.
The City shall have the rigKTo enter the demised premises at any time for the
purpose of inspecting the Oroperty, surveying, or constructing walkways; and the
y shall not be liable tc Mr. Shofner for damages as a result of such entr-,
sury ing, or construction.
IN WITNES HEREOF, the parties have executed this Agreement on the day
and year first a ve writte .
CITY OF FAYETTEVILLE,
By:
ATTEST:
By: _
Lioneld Jordan, Mayor
Sondra Smith, City Clerk
MR. WILIIAM KEITH SHOFNER, JR.
By:
William Keith Shofner,
THE CITY OF FAYETTEVILLE, ARKANSAS
-1111AND111111 ATIDNDEPAATMENT
I I3=1 Mounlaln
4A hwI t—ille. M 72701
TO: Mayor Jordan
THRU: Don Mar-, Chief of\Matenatice
Connie Edmonston,creation irector �•4
FROM: Byron Humphry, PaSup rintendent
DATE: March 3, 201I
RE: I.Ake Sequoyah Leato Wi iam Keith Shofner, Jr. and Jeff Price
In 1958 the City began purchasing land around Lnk equoyal-as a water supply. Certain landowners
were given a license agreement to continue to utilize a property for grazing and/or hay production.
These license agreements were specified to previous r erty owners for their lifetime and/or the
lifetime of their heirs. One such lease was given to to S ofiTer family in 1960 for the lifetime of Hal L.,
William Keith, Alice Ruth, William Keith Jr., and obert allace Shofner. Currently. William Keith
Shofner holds claim to the lifetime license agreeni � Tt.
In 1999, it was determined that 82.55 acres adjac a to the Shofi r lifetime lease (see attached map),
land that was formerly held in a lifetime license "cement by the , idler family, was deteriorating and
illegal activity was occurring which included po Ching, four wheelir discharge of firearms, boat
launching, and fishing without permit. At lhig t• ne William Keith Sh firer, Jr. offered to build new
fencing arowtd the Miller property and provide gated access through hi current lifetime lease property.
The City agreed to a 2 year lease, renewable fe r 8 one-year terms which ould allow Shofner to pasture
cattle and/or horses and to bale and remove1h. The lease also allowed SInter access to remote areas
ofhis lifetime lease area. In exchange, Shoagreed to build and maintai fencingonthe property,
maintain the premises in a good condition, prevent unauthorized access a d hunting. Through this
lease, the City gained a steward ofthe land provided security and mainten nce.
In 2000, it was determined that the land to ie east of the old Miller property (5 55 acres) was also
deteriorating and illegal activity was occu ing similar to the former condition of le
old Miller property.
Shofner approached the City to lease the 5 .55 acre tract to maintain the land and -ter illegal activity.
Jeff Price also expressed interest in lcasin this property because he owns all of the and to the south of
the 54.55 acres. Price owns approximateL 285 acres. Since both gentlemen were in crested in leasing
the property, bids were taken and the lease was awarded to Jeff Price in which he offe -ed a sum of
$2,600 per year. in addition to the annual payment, Mr. Price also agreed to build and taintain a fence
on the property, maintain the property in a good condition, and prevent unauthorized acc ss and hunting.
The City agreed to a 2 year lease, renewable for 8 one-year terms.
Both of the Sho6tcr 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
(lie 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.
Teleconnnunications Dc ke for the Deaf TDD(479)521-1316 113Wcst Mountain- Fayetteville, All 72701
3. Price wns all of the land surrounding the 54.
4. The 54. acres is only accessible to Shofner
5. Both of the � •me• leases were of great benef
illegal activity i his area at Lake Sequoyah.
ordinance but are diWicult to enforce without
tending to the land.
6. Both Shofi3er and Price w e contacted and
under the previous terms.
THE CITY OFFAYETTEVILLE ARKANSAS
5 acres that he formerly leased from the -City.
r Price.
to the City providing maintenance and deterring
'hese illegal activities are all prohibited by City
to lease agreement and the presence of tic lessee
to continue their respective lease agrez- ments
The Parks and Recreation Department ther-Zbtsc recol mends that we renew our lease agrcemc:Tts with
Mr. ShofiTer and Mr. Price for the same tet s att du1 tion as the previous leases that have exEi_•ed.
The biggest value of these leases to the City is that t se properties are maintained and illegal activity is
deterred without an expense to the City.
Tel�uuniunicaSuns Device for the Deaf TDD(479)521-1316 113 West Mountain- FayelteviEG AR 72701
Exhibit A
William (Bill) Shofner Lease Agreement
82.55 Acre Tract - red outline
169.8 Acre Lifetime Lease - yellow outline
Shofner property - blue outline
Park boundary - green outline
1,000 500 0 1,000 Feet
N
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