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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,````�. ttr► 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 W W J, C* 0 0 HAHNDO LN Je Shofner Lifetime Lease area BRANDI AVE SPANN DR W CO W HSATHM o7m LN SARAALICE CT HARRM DR DUNAWAY RQ ro 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 i n��f F"�'C�Q.K ca City Council Agenda Items kq _ g _ and �^' Contracts, Leases or Agreements 6-4-4� J81 i Ghw►a I s fl 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. ! ca N-0-30z /VARA" 1t" -h ht !��P� Cew+r.►� <�nw-�'�* . Revised January 15, 2009 J4 , / 4V' • 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 ti