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Home My WebLink AboutPACKET SEPTEMBER 16 2003 M, K- City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 16,2003 1:30 P.M. AGENDA CALL TO ORDER Invocation Pledge Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 3-4/Consent Agenda Consent Agenda GENERAL BUSINESS 1. Consider approving an ordinance canvassing the Special City Charter Amendment Election held September 13, 2003 2. Consider approving a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District at 1384 Euclid Avenue 3. Consider approving a contract for the purchase of passenger and light truck tires 4. Consider amending Chapter 20 of the Code of Ordinances to add a new Section 20-12 to adopt a fee for nonresident usage of the Sterling Pruitt Activity Center WORKSESSION Discuss a proposal for the lease of the Tyrrell Park Stable Facility COMMENTS Counciltnembers/City Manager comment on various matters Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Lora Jackson Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. 1 September 16,2003 Consider approving an ordinance canvassing the Special City Charter Amendment Election held September 13, 2003 1~ ..... City of Beaumont �. y • Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Susan Henderson, City Clerk MEETING DATE: September 16, 2003 AGENDA MEMO DATE: September 11, 2003 REQUESTED ACTION: Council approve an ordinance canvassing the Special City Charter Amendment Election held September 13, 2003 RECOMMENDATION Council canvass the results of the September 13, 2003 election of the City Charter Propositions. BACKGROUND Article IV, Section 2, of the City Charter requires that within five days after an election, the Council shall meet and canvass the returns and officially declare the results. This ordinance will canvass the results of the September 13, 2003 election of the City Charter Propositions. BUDGETARY IMPACT None. PREVIOUS ACTION The election was ordered by Ordinance No. 03-053 on July 22, 2003. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Clerk RECOMMENDED ACTION Approve/Deny an ordinance canvassing the September 13, 2003 Special City Charter Amendment Election. ORDINANCE NO. AN ORDINANCE CANVASSING THE RETURNS OF THE SPECIAL CITY CHARTER AMENDMENT ELECTION HELD IN THE CITY OF BEAUMONT ON THE 13TH DAY OF SEPTEMBER 2003, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY CERTAIN PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF THE CITY; AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Council of the City of Beaumont, in session, duly called the Special City Charter Amendment Election to be held on September 13, 2003, and the election returns of the ballots cast in said election were canvassed for the following measures: City Charter Propositions Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19. WHEREAS, after duly canvassing said returns, the City Council finds that the votes cast at said election for the City Charter Propositions are as follows: CITY PROPOSITION FOR AGAINST NO. NO. 1 NO. 2 NO. 3 NO. 4 NO. 5 NO. 6 NO. 7 NO. 8 NO. 9 NO. 10 NO. 11 NO. 12 NO. 13 NO. 14 NO. 15 NO. 16 NO. 17 NO. 18 NO. 19 -T NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the results of said regular City election be and the same are hereby declared to have been as herein set out, and Charter Proposition No. 1 (Remaining draft to be completed after election) Section 2. The City Council of the City of Beaumont further finds that notice of said election was duly and properly given as required by law, and that said election was duly held and returns thereof were duly made by the proper officials of said election and in all things according to law. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular person, or to a particular set of circumstances, should for any reason be held invalid, such invalidity shall in no way affect the remaining portions of this ordinance and to such end, the various portions and provision of this ordinance are declared to be severable. PASSED, APPROVED AND ADOPTED by the City Council of the City of Beaumont, this the 16th day of September 2003. Mayor Evelyn M. Lord 2 September 16,2003 Consider approving a request for a specific use permit to allow a church in an RS(Residential Single Family Dwelling) District at 1384 Euclid Avenue City of Beaumont � c Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: September 16, 2003 AGENDA MEMO DATE: September 9, 2003 REQUESTED ACTION: Council consider a request for a specific use permit to allow a church in an RS(Residential Single Family Dwelling)District at 1384 Euclid Avenue with a modification to the screening/landscaping requirements along the east and west sides of the subject property. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a church in an RS (Residential Single Family Dwelling)District at 1384 Euclid Avenue subject to:. 1. Providing the necessary parking. 2. Constructing an 8' tall wood screening fence along the east and west property lines, running from the rear property line to the front edge of the house and waiving the 10' wide landscape strip requirement. 3. Allowing only one 24" x 36" sign in the front yard. BACKGROUND Elaine Petry, the property owner, is requesting a specific use permit to allow church services to be conducted in her home at 1384 Euclid. Ms.Petry states that Sunday school would be held at 10 a.m.and church services would be conducted at 11 a.m. and 7:30 p.m. on Sundays and at 7 p.m. on Wednesdays and Fridays. She would hold the services in her living and dining rooms for no more than 25 people. Ms. Petry proposes putting two signs in her front yard-one 24" x 36" and one 18" x 24". The lot is 50'x 145'. There is an existing driveway on the west side of the house. Behind the house is a 68'deep backyard. In that backyard are an 8' x 10' storage building and two small trailers. The Zoning Ordinance requires 8 parking spaces for this residence/church. There is adequate room in the back yard for the necessary parking, provided the aforementioned storage building and trailers are moved or removed. Ms. Petry stated at the public hearing that she would prefer to keep the buildings in the backyard and that she would talk with Lamar Bank to get permission to use nine spaces in their parking lot to meet her parking requirements. With moving the two trailers,the Traffic Manager has approved a parking layout in the back yard. Since the public hearing,Ms. Petry has informed the Planning Manager that she would prefer not installing the 8'wood screening fence along the east and west sides of the property. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing held August 18, 2003, the Planning Commission voted 8:0 to approve a request for a specific use permit to allow a church in an RS District at 1384 Euclid Avenue subject to: 1. Providing the necessary parking. 2. Constructing an 8'tall wood screening fence along the east and west property lines, running from the rear property line to the front edge of the house and waiving the 10' wide landscape strip requirement. 3. Allowing only one 24" x 36" sign in the front yard. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager,Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT LOCATED AT 1384 EUCLID AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Elaine Petry to allow a church in an RS (Residential Single Family Dwelling) District located at 1384 Euclid Avenue, being Lot 25, Block 14, Arlington Addition, City of Beaumont, Jefferson County, Texas, containing 0.17 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a church in an RS (Residential Single Family Dwelling)District located at 1384 Euclid Avenue, being Lot 25, Block 14,Arlington Addition, City of Beaumont, Jefferson County, Texas, containing 0.17 acres, more or less, as shown on Exhibit"A"attached hereto, is hereby granted to Elaine Petry, her legal representatives, successors and assigns, subject to the following conditions: 1. Providing the necessary parking. 2. Constructing an 8'tall wood screening fence along the east and west property lines, running from the rear property line to the front edge of the house and waiving the 10' wide landscape strip requirement. 3. Allowing only one 24" x 36" sign in the front yard. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of September, 2003. - Mayor Evelyn M. Lord - t t r , y • t . r ; r r ILt M 9 � FILE 1682-P: Request for a specific use permit to allow a church in an RS NORTH (Residential Single Family Dwelling) District. - A Location: 1384 Euclid SCALE Applicant: Elaine Petry 1"=200' At , r AV N O r 4 )3 4NO 9+ .i/ At f '1 • • • • �, is NGTON BLVD. ;Z WAS"' l so A9 As v 14 Ars 1 , •ate 1 t /• to ' �• ao is • � la �rr ` n ' '• , i � At N 24'1!• • - `f 'i 0 so ,14 kA 0 l � , • ! x� ' s w 8 ' NA m HARRIM ao rL� CAaow ,, PlA ALMA if • ✓„/ t ALMA • OL s2 -� ---• ..�.a I � t to - ao / �� so NC >t •• THREADNEEDLE '1 if �o w eo EXHIBIT "A" `� • <,qs:x','�z d • Lod' s, z�' _ 0 :.:�,.� J - 1Z Xa '^ , s 3 � d llt l ISO � °ve)'-I l ,boa N1 qd X � r 09 EXHIBIT "B" Q O 0 3 September 16,2003 Consider approving a contract for the purchase of passenger and light truck tires Cit y of Beaumont Council Agenda It g em TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: September 16, 2003 AGENDA MEMO DATE: September 9, 2003 REQUESTED ACTION: Council approval of an annual contract for the purchase of passenger and light truck tires. RECOMMENDATION Administration recommends award of an annual contract to Gray's Wholesale Tire Distributors, Inc., for purchasing passenger and light truck tires at the unit costs reflected in the attached bid tabulation, with an estimated total expenditure of$70,531.65. BACKGROUND Bids were requested for an annual contract for passenger and light truck tires for use by the Fleet Management Division to maintain city-owned vehicles. Eight (8) vendors were notified with two (2) responding with bids. The low bidder, Gray's Wholesale Tire Distributors,Inc., has corporate offices in Fort Worth, but maintains a warehouse facility in Houston which enables the company to meet delivery requirements. The company has been awarded the tire contract for the past two (2) years. All tires furnished under the contract are guaranteed against workmanship and material defects for the period regularly offered by the manufacturer for each particular tire. Should a tire become unserviceable in normal use within the stated period, the contractor shall furnish a new tire of like model on a pro-rata basis, the City paying only for the service obtained. All tires have a minimum Uniform Tire Quality Guaranty (UTQG) of 360, which equates to a tire life of approximately 50,000 miles with proper maintenance. None of the tires quoted by the awarded vendor have been included in any recall by the manufacturer, and the City has previously used each of the tire types specified without any undue rate of failure. Annual Contract for Passenger and Light Truck Automotive Tires September 9, 2003 Page 2 The contract provides for the vendor to furnish approximately 1,332 assorted tires at the fixed unit prices as highlighted in the attached bid tabulation. BUDGETARY IMPACT Funds are available for this expenditure in the Fleet Management Division's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. Bid Tabulation-Contract for Passenger and Light Truck Automotive Tires Bid Number: RF0503-39 Bid Opening Date:8/14/03 Name: Gray's Wholesale Tire White Tire Supply, Inc. Address: 201 N. Rupert Street 1000 Liberty City/State Fort Worth,Texas 76107 Beaumont,Texas 77704 Contact Name Bobby Harms Jerry White Phone Number: 800 792-8749 _(409)A32-3456 ESTIMATED TIRE SIZE UNIT TOTAL UNIT TOTAL QUANTITY COST COST COST COST 16 P195 x 65R x 15 $28.00 $448'.00' $32.55 $520.80 76 P205 x 65R x 15 $26.00 $1,976:00' $21.90 $1,664.40 14 P215 x 60R x 16 $37.00 $51.8.00 $37.42 $523.88 32 P215 x 75R x 17.5 $118.00 $3,776;00' $132.00 $4,224.00 19 P215 x 75R x 15 $28.20 $535:80', $31.80 $604.20 11 P215 x 70R x 15 $27.30 $300.30 $29.80 $327.80 69 LT215 x 85R x 16 $86.25 $5,951.25: $92.14 $6,357.66 24 ST225 x 75R x 15 $45.00 $1,080.00 $60.00 $1,440.00 28 LT225 x 70R x 15 $44.00 $13232!,00 $41.05 $1,149.40 14 LT225 x 70R x 19.5 $135.00 $1,890.00 $130.00 $1,820.00 14 LT225 x 70R x 19.5 $125.00 $1,750.00 $150.00 $2,100.00 23 LT225 x 75R x 16 53.45 $1,229.35 $57.45 $1,321.35 41 LT225 x 75R x 16 $53.50 $2,193.50 $57.57 $2,360.37 23 P225 x 75R x15 $30.10 $692.30 $38.55 $886.65 38 P225 x 70R x 15 $33.00 $1,254.00 $36.75 $1,396.50 495 P225 x 60R x 16 $44.00 $21,780.00 $47.80 $23,661.00 16 LT235 x 85R x 16M/T $59.00 $944.00 $63.07 $1,009.12 16 LT235 x 85R x 16 $57.80 $924.80` $62.10 $993.60 45 LT235 x 85R x 16AT $58.75 $2,643.75 $63.25 $2,846.25 37 P235 x 75R x 16AT $43.50 $11609.50': $108.80 $4,025.60 59 LT235 x 85R x 16 $94.00 $5,546.00' $99.20 $5,852.80 24 LT235 x 75R x 15 $48.90 $1,173.60' $53.57 $1,285.68 29 P235 x 70R x 15 $45.00 $1,305.00 $49.45 $1,434.05 17 LT245 x 75R x 16 $65.00 $1,105.00' $59.85 $1,017.45 10 30 x 9.5R x 15MT $56.60 $565.00 --$60.84 $608.40 65 LT245 x 75R x 16 $55.60 $3,607.50 $59.85 $3,890.25 67 LT245 x 75R x 16AT $58.00 $3,886.00' $61.20 $4,100.40 10 LT265 x 75R x 16 $61.50 $615.00 $65.30 $653.00 Total Bid Amount $70,531.65 $78,074.61 4 September 16,2003 Consider amending Chapter 20 of the Code of Ordinances to add a new Section 20-12 to adopt a fee for nonresident usage of the Sterling Pruitt Activity Center use— I 0 W— City of Beaumont Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Maurine Gray, Director of Community Services MEETING DATE: September 16, 2003 AGENDA MEMO DATE: September 12, 2003 REQUESTED ACTION: Council adopt an ordinance amending Chapter 20 of the Code of Ordinances to add a new Section 20-12 to adopt a fee for nonresident usage of the Sterling Pruitt Activity Center. RECOMMENDATION Administration recommends that a fee of$5.00 per usage be charged for nonresident usage of the Sterling Pruitt Activity Center and that a nonresident fee of$10.00 per month be charged for children under the age of 18 years. BACKGROUND Citizens of Beaumont should have the first priority for usage of the Sterling Pruitt Activity Center. A Photo Identification Card will be requested for each user to verify their home address. Fees charged by other physical fitness facilities for nonmembers are as follows: Workout Studio and Ms. Workout Studio - $9.00 a visit; World Gym- $10.00 a visit;and Melton YMCA- $10.00 a visit. BUDGETARY IMPACT The City should see a minimal increase in income from these new fees. PREVIOUS ACTION None SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Director of Community Services, and Recreation Superintendent. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADD A NEW SECTION 20-12 REQUIRING A FEE FOR NON-RESIDENT USAGE OF THE STERLING PRUITT ACTIVITY CENTER; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 20 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to add a new Section 20-12 to read as follows: Sec. 20-12. Sterling Pruitt Activity Center. Non-residents of the City of Beaumont over the age of eighteen (18)years shall be charged a fee of Five Dollars ($5.00) per usage for the use of the Sterling Pruitt Activity Center. Those under the age of eighteen (18) wishing to use the Sterling Pruitt Activity Center may obtain a card authorizing the usage of the Center for a month or a part of a month upon the payment of.a Ten Dollar($10.00)fee. Those wishing to use the Sterling Pruitt Activity Center will be required to provide a photo identification card to verify their resident or non-resident status. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of September, 2003. - Mayor Evelyn M. Lord - City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS. SEPTEMBER 16, 2003 1:30 P.M. CONSENT AGENDA Approval of minutes Confirmation of committee appointments A) Authorize a release of weed liens against property which is described as Lot 5, Block L, Pennock& Potts Addition B) Approve a resolution to allow Hibernia National Bank to pledge a security as collateral for City accounts A O CH of Beaumont •�• Council Agenda Item � - c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: September 16, 2003 AGENDA MEMO DATE: September 10, 2003 REQUESTED ACTION: Council consider a resolution authorizing a release of weed liens against property which is described as Lot 5, Block L, Pennock&Potts Addition. RECOMMENDATION The administration requests approval of a resolution authorizing a release of weed liens against property which is described as Lot 5, Block L, Pennock&Potts Addition. BACKGROUND The property described above currently has twelve (12) weed liens totaling $3,737.54 which represents $1745.00 in principal and $1,992.54 in interest and fees. The property has an assessed value of$1,440.00 and there is also approximately$1,800.00 in delinquent ad valorem taxes which are owing. Mr. Carl W. Flowers currently owns the property but plans to transfer the deed of trust to Mr. John Guillory who owns the property next door. In exchange,Mr. Guillory agrees to assume the property tax liability and maintain the property in the future. He plans to build a home on this property and due to the size ofthe home,building code restrictions make it necessary to acquire Lot 5 in order to build on Lot 6. Mr. Flowers has requested that all charges be waived and that the liens which are dated 1981 to 1990 be released to provide an unencumbered title to the property. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Finance Officer. City of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: September 16, 2003 AGENDA MEMO DATE: September 10, 2003 REQUESTED ACTION: Council consider a resolution to allow Hibernia National Bank to pledge the following security as collateral for City accounts which is held at the Federal Reserve Bank, effective September 16, 2003. Cugp No. Description Face Value Market Value PLEDGE: 31385XMU8 FNMA, 3.88%, Due 08/01/33 $ 800,000.00 $ 798,500.00 RECOMMENDATION The administration requests approval of a resolution to pledge the above listed security covering City deposits at Hibernia National Bank. BACKGROUND The City of Beaumont maintained uncollected ledger balances at Hibernia National Bank in the amount of$1,652,723.26 on September 8,2003. After pledging the above security,the market value of pledged collateral totals$5,195,846.01 and along with FDIC coverage is sufficient to collateralize current deposits as well as any deposits anticipated in the near future. BUDGETARY IMPACT None. PREVIOUS ACTION Council approved a substitution of collateral by Hibernia National Bank on July 1, 2003. SUBSEQUENT ACTION Subsequent Council action will be requested to pledge or release additional collateral when appropriate. RECOMMENDED BY Finance Officer and Treasurer. WORK SESSION * Discuss a proposal for the lease of the Tyrrell Park Stable Facility VORAW INTER-OFFICE MEMORANDUM C City of Beaumont,Texas Central Services Deparment Date: September 11, 2003 To: Kyle Hayes, City Manager From: Kirby Richard, Central Services Director fJ// Subject: Tyrrell Park Stables COMMENTS During July 2002, the City requested proposals for the lease of the Tyrrell Park stable facility. Proposals were requested after the lease agreement with Jeff Hughes was terminated because of his inability to satisfy his creditors. At that time, only one proposal was received, but was rejected by City staff. It was decided that the proposal was not in the best interest of the City. Since the proposals were requested,a number ofindividuals have inquired about the facility but none were interested unless the City would spend additional funds for improvements, such as a covered riding arena and more indoor horse stalls. The individuals were not willing to amortize the funds required to make such improvements over the term of the lease period. However, in the last month two parties expressed interest in leasing the Tyrrell Park stable facility from the City to establish an equestrian business. A committee consisting of the Parks Manager, Purchasing Manager, Finance Officer and myself reviewed their proposals and interviewed the potential tenants. The committee agreed that the proposal submitted by Bryan and Bridgette Markland provides for the best use of the facility and should be considered for acceptance. The Marklands are proposing a five(5)year lease agreement, with an option for an additional five (5) year term for the equestrian facility. They plan to provide horse rentals, boarding and riding lessons for the public. Summer riding camps,riding parties and play days are also planned. Future plans include construction of a covered round riding pen for inclement weather and reconfiguring of the stable stalls to allow for a better environment for the horses. Most of the proposed contract requirements are the same as those approved when the City entered into an agreement with Jeff Hughes, including the insurance requirements. Because there are Tyrrell Park Stables September 11, 2003 Page 2 significant expenses associated with the start-up of a new business,the Marklands have proposed that a rental fee of$500 per month not commence until the seventh(7 )month of agreement. In addition to the monthly rental fee,they agree to pay the City 5%of gross receipts collected after the twelfth (12`x)month. The City would still be responsible for maintaining the structural integrity of the facilities and providing grounds maintenance. After the first year, the Marklands,will be responsible for mowing and grounds maintenance. Minor improvements and general maintenance are to be provided by the tenants. The house at the facility would be used as the Marklands' residence. A copy of their proposal and business plan is provided for your review. According to the Marklands'biography,both were raised in California and have been associated with horses all of their lives. They live in Beaumont where Bryan is a 14-year member of the United States Coast Guard and wife Bridget teaches general horsemanship and horse care at two local facilities. Although they have not owned an equestrian business previously, they do have many years of experience in trail rides, equine care and advanced riding instructions. As you will recall, Mr. Hughes spent in excess of$100,000 renovating the caretaker's house and barn. Later,the City agreed to pay approximately$29,800 to settle claims filed by local contractors for improvements at the stables that Hughes never paid. In addition, City staff spent more than $15,000 to complete the facility's remodeling. Since the work was completed over a year ago,the stable facility has been vacant. In my opinion,the Marklands' proposal represents a legitimate opportunity for the City to lease the facility to capable individuals. They have expressed a genuine desire to serve this community by providing a safe and enjoyable recreational activity for this community. Ifthe City wants to promote the equestrian activities and facilities at the Tyrrell Park, then consideration should be given to the Marklands' proposal. If favorable consideration is received, an agreement will be finalized for City Council approval. If you require any additional information, please call, • • • • .-. • Y u T L 'P' PAOR1 3 7 n ppl;d-'. ° `. Business Plan Tyrrell Park Stable's Best Opportunity Equine activities at Tyrrell Park Stables will include any or all of the following: Trail Riding: Rental horses will be available for scheduled trail rides on Stable property and horse trails connecting to Stable property. All rental horses will be accompanied/escorted by a Stable wrangler. Rental horses available for$20 per hour. Individuals and groups may also ride the trails on non-rental horses after check-in/approval from Stable. If desired, guide may be available for fee to riders unfamiliar with area. Annual $5 administrative fee per horse and proof of negative Coggins will be required for all equine using horse trails. This will help to lessen the risk of exposure and provide a safer riding experience for all. Signed release of liability and understanding of trail rules will be required prior to use. Poker Ride: Trail ride activity with the added fun of gathering cards to make a poker hand at the end of the ride. Prizes and gifts are awarded to best hands at end of ride. Rental horses or privately owned horses may be used. $5 per hand. Must be 18 years old to purchase poker hand. Signed release of liability and understanding of trail rules will be required prior to use. Play Day: Usually on weekends. Includes various events such as Clover Leaf Barrel Race, Egg Race, Pole Bending, Barrels, & Speed Barrel. Most events are judged on accuracy and speed. Privately owned horses only. Signed release of liability and understanding of event rules will be required prior to entry. Some of the above events may be done in concert with local charities. Horsemanship Lessons: Classes are (2) hour basic instructional lessons on general knowledge and care of horses and riding skills. Typically on stable horses, but may be on well-behaved student horse if desired. $400 for (8) week session; (2) classes per week. Limit (10) students per class. Signed release of liability and understanding of rules will be required prior to lessons. Western Pleasure Lessons: Classes are (1) hour instructional lessons on specific riding style and skill. Typically w/ own horse, but stable horses may be used. $320 for(8)week session; (2) classes per week. Limit (15) students per class. Signed release of liability and understanding of trail rules will be required prior to use. Signed release of liability and understanding of rules will be required prior to lessons. Gymkanna: Classes are (1) hour instructional lessons on Clover Leaf Barrels and Poles. Best w/ own horse, but stable horses may be used. Student must be at intermediate riding level or better, prior to start of lessons; rider will be evaluated prior to lesson. $320 for(8)week session; (2) classes per week. Limit (5) students per class. Signed release of liability and understanding of rules will be required prior to lessons. Boarding: Stall and Turn out. Grain and Hay twice a day. Rotational worming every six weeks included. Additional supplements must be provided by owner. Donning and doffing of blankets and fly mask (both provided by owner) included. $275.00 per month. Ferrier service will be available every six weeks and at owner's expense. Yearly examination (required), vaccinations (required), Coggins (required), and any additional vet care, if needed, will be at owner's expense. Exercising and grooming also available, $20.00 per hour (qualified stable employee). Signed release of liability and understanding of rules will be required prior to boarding. Boarding: Pasture. Grain twice per day and rotational worming every six weeks included. $200 per month. Ferrier service will be available every six weeks and at owner's expense. Yearly examination (required), vaccinations (required), Coggins (required), and any additional vet care, if needed, will be at owner's expense. Exercising and grooming also available, $20.00 per hour (qualified stable employee). Signed release of liability and understanding of rules will be required prior to boarding. Stud Service: Provided at market value. Mare care, $12/day. Foaling: Per individual agreement w/customer. Conditioning: Show preparation. Daily riding/exercising and neck sweating (as required). $500 per month. Boarding included. Birthday Parties: Includes (1) one hour trail ride. Air-conditioned party area available. Table and chairs, grill, refrigerator and freezer available. Food, drinks, cake, ice-cream, decorations provided by customer. (2) hours. $100. Signed release of liability and understanding of trail rules wi II be required prior to use. Company Picnics: Includes (2)one hour trail rides. 4 hours. $200. Table and chairs, grill, refrigerator and freezer available. Food, drinks, cake, ice- 2 cream, decorations provided by customer. Signed release of liability and understanding of trail rules will be required prior to use. Slumber Parties: Includes (1) one hour evening trail ride and (1 ) one hour morning trail ride. Limited to number of horses available. Table and chairs, grill, refrigerator and freezer available. Food, drinks, cake, ice- cream, decorations provided by customer. All slumber guests must bring sleeping bags, pillows, etc. Adult must remain with, and be responsible for slumber guests overnight. A qualified wrangler will escort all trail rides. Signed release of liability and understanding of trail rules will be required prior to use. Summer Riding Camps: Program to be developed. General Rules and Guidelines: Riders will be required to check-in with stables to ride on trails and vicinity, regardless of horse/equipment ownership or status of rider. This will enable a reasonable amount of control for the safety of all riders and the health of the horses (i.e. neg. Coggins, other vaccinations, sickly, intoxicated riders, etc.). Insurance: Being applied for IAW lease agreement. Liability IAW Texas law: To be posted conspicuously at Stable and printed on all forms and releases: "WARNING: UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES." Future plans: Install (80) foot covered round pen. Open tum-outs of rear stable stalls to allow for better environment for horses. 3 Marketing: Local radio, newspapers, local organizations, etc. Local Dept of Agriculture office has been contacted to begin networking with local 4-H clubs. Intend to work with local Boy Scout & Girl Scout troops to encourage participation. It is noted that media exposure at grand opening may be significant and at minimal cost. Upon signing of lease agreement, local radio stations will be contacted regarding advertising partnerships (i.e. exchange of radio ads for various stable services). Information contained in this proposal is considered proprietary information for the review and consideration by the City of Beaumont for proposed plans and marketing of Tyrrell Park Stables. Submitted by: Bryan& Bridget Markland 4750 Chadwick Dr Beaumont, TX 77706 h: (409)898-0582 cell: (909) 515-8524 4 State of Texas § County of Jefferson § Lease Agreement THIS AGREEMENT is made and entered into this day by and between the City of Beaumont, a municipal corporation of the State of Texas(herein referred to as "City")and Bryan & Bridget Markland (herein referred to as "Tenant"), for the lease of property within Tyrrell Park in Beaumont,Texas and being described in Exhibit"A"attached (herein referred to as "Property"). WHEREAS, City has right, title and interest in and to the facilities and p rivileges hereinafter granted, and has full power and authority to enter into this Agreement in respect thereof; and WHEREAS, Tenant wishes to lease Property for an equestrian oriented operation for the benefit of the citizens of Beaumont and Southeast Texas. NOW, THEREFORE, in consideration of the mutual covenants and considerations herein contained, City lets and demises to Tenant and Tenant takes from City the Property and all described rights incident thereto, subject to the following: Article 1 TERM OF AGREEMENT 1.1_ The primary term of this agreement shall be five (5) years, commencing on September 1St, 2003 and shall terminate on _August 31St, 2008 , if not sooner terminated as herein provided. 1.2 Upon expiration of the primary term, the City Manager or his designee may extend this Agreement for an additional five (5) year period. The terms and-conditions of the extended term must be agreed upon in writing by both parties within sixty(60) days prior to the Agreements termination. 1.3 If Tenant holds over and continues in possession of Property after the expiration of the term of this lease, or any extension of that term, Tenant will be deemed to be occupying the Property on the basis of a month-to-month tenancy, subject to all of the terms and conditions of this lease. 1.4 Tenant agrees that upon expiration of the primary term or any extension of this -1- Agreement or sooner cancellation thereof, the Property will be delivered to City in good condition, reasonable wear and tear excepted. Article 2 RENTAL, FEES AND PAYMENT 2.1 Tenant shall keep and maintain a complete and detailed accurate set of books and records of daily entry accounting for receipts related to the operation of the Property and such books and records shall be available for examination by City at any and all reasonable times. 2.2 During the primary term of this Agreement, Tenant shall make monthly rental payments to City in the amount of$ 500.00 as consideration of its interest in the lease. Tenant shall also make monthly payments to the City equal to 5% of gross receipts collected (GRC) during the previous month. Said rental payments shall commence upon the 7th month after execution of this lease agreement. Said GRC payments shall commence upon the 13th month after execution of this lease agreement. 2.3 Rental payments shall be made by Tenant on or before the fifth (5th) day of each month and shall be accompanied by a summary statement of the previous monthly gross receipts collected by Tenant. Rental fees shall be payable in advance. Failure of Tenant to make prompt and timely rental payments may be cause for contract termination. Article 3 OBJECTIVES AND PURPOSE OF AGREEMENT 3.1 For the term of the Agreement, Tenant shall be qualified, authorized and herewith designated official in possession and control of all real property known as Property and as shown in Exhibit "A". The Property will continue to be owned by the City during the term of this Agreement and any extension thereof. 3.2 Tenant shall, at his own cost and expense, operate, manage and maintain said Property in a fit and proper order, suitable for equestrian activities only. Any other uses of the Property contemplated by Tenant must receive prior written approval by the City Manager or his designee. 3.3 Tenant is an independent contractor, not an employee or agent of City and all persons employed by Tenant shall be his employees and shall not be employees of City. Tenant shall employee only qualified competent persons. Article 4 -2- OBLIGATIONS OF TENANT 4.1 Tenant shall at his own cost and expense: 4.1.1 furnish all personnel and labor necessary for the normal maintenance and operation of said Property, 4.1.2 acquire and furnish all equipment, including trailers, mowers and similar equipment and tools necessary to operate and maintain said Property. 4.1.2.1 During the initial 12 months of this contract, the City will make available, at the request of the Tenant and on reasonable frequency, either mowing services or mowing equipment adequate to be used by the Tenant for use on the Property. 4.2 Tenant shall furnish all equestrian equipment and a minimum of_6 horses,tack, feed and similar equipment and supplies necessary to operate and maintain equestrian activities and rentals. 4.2.1 It is understood that reaching this level of operation may take up to 4 months after execution of this contract due to acquisition, training, and proper preparations of horses for public use. 4.3 Property and all livestock boarded or owned by Tenant, clients or other individuals shall be maintained and kept in strict accordance with safety programs, rules, regulations and operating procedures,and any amendments thereto, established by the Texas Administrative Code, Title 4, Part 2, Chapter 48, Riding Stable Registration Program (herein referred to as "Standards") for commercial horse operation. Any horse shows, camps, clinics, horse rentals, horse and carriage rides, covered wagon rides, barn tours, pony rides, etc., offered, promoted, or sponsored by Tenant shall be conducted in strict accordance with the guidelines and safety procedures set by the Standards, or any amendments thereof. 4.4 Tenant shall obtain and maintain a certificate of registration issued by the Texas Department of Agriculture, in accordance with the Standards, prior to the start of any operations at the Property. 4.5 Tenant shall report violations of any equestrian laws,and specifically lack of proof of Coggins immunizations, to the State of Texas Animal Health Commission. 4.6 Tenant shall establish rules and regulations for horse rental and stable operations, as well as a schedule of all rental fees, horse training fees, riding lessons, camping fees, equipment and retail sales, and all other revenues to be derived from Tenant's operation of the Property and obtain written approval of the City Manager prior to the effective date thereof. Such approval will not be unreasonably withheld. -3- 4.7 Tenant shall confine all riding activities to the Property and designated riding trails; no riding is allowed on Tyrrell Park property except in the Property areas and trails encompassed by the Agreement. Exception to this is the Tenant's ability to use grass field area (as marked in Exhibit B) west of Property for overflow parking during times of special events and increased activity.Tenant may be granted use of other areas only by written approval of the City Manager or his designee. 4.8 Tenant and his customers, clients and patrons shall drive and park only in designated areas; vehicles are only permitted on grass areas of the Property for the temporary transport of supplies and equipment. 4.9 Tenant shall be responsible for the reasonable control of air borne vectors within the Property and for removing manure from Property at least once per month. Stored manure must be limed and sprayed to control flies. Use of pesticides shall be in accordance with all applicable laws and regulations. Manure shall be removed from stalls on a daily basis at minimum. Tenant shall adhere to all regulations governing its disposal. 4.10 City shall be responsible for the reasonable control of harmful or nuisance insects in riding trails area. 4.11 Tenant shall be responsible for keeping Property free of any litter, trash or debris and shall adhere to all regulations governing its disposal. 4.12 City shall be responsible for keeping riding trails area free of obstructions and suitable for use. 4.13 Tenant shall be responsible for locking the side gates at the Property and the Downs Road park entrance at dark each day. 4.14 Tenant shall obtain and maintain a license issued by the Texas Department of Health, in accordance with the State of Texas, V.T.C.A., Health and Safety Code, Chapter 141. Youth Camps, or as may be amended, prior to the start of any youth camp operations at the Property. All State Department of Health rules and orders and all other applicable laws governing youth camps must be strictly adhered to, when applicable. 4.15 Tenant agrees to conform to all policies, rules and regulations of the City, and all City ordinances, and State and Federal statutes. 4.16 Tenant shall promptly pay as it becomes due and payable, all indebtedness, obligation or other amounts owing or incurred by him under this agreement. No liens of any kind may be affixed to Property. 4.17 Tenant shall submit a report of attendance, events sponsored and participation in activities at the Property to the designated City department by the fifth (5th) day of -4- each month. 4.18 Tenant shall be responsible for the timely payment of all utility services, including but not limited to electrical, telephone, trash disposal and water and sanitary services. 4.19 Tenant shall be responsible for routine maintenance of buildings and property, including plumbing, electrical, and air conditioning systems. City is responsible for major repair costs of plumbing, electrical, air conditioning and structural systems of house and stables only. Damages caused by Tenant, Tenants guests or by Tenants negligence shall be the responsibility of Tenant. Should damages to the Property occur or the Property requires general maintenance, which is the responsibility of the Tenant under this lease, Tenant must promptly repair such damages. Should Tenant fail to repair such damages, City shall upon ten(10)days written notice of such failure, may repair the damages and charge the cost of same to Tenant as additional rent. 4.20 Tenant shall comply with the risk reduction program standards as set forth by the North American Horsemen's Association, as shown in Exhibit"D,"for Horse Stables and Farms, Boarding, Breeding, Leasing, Sales, Training and Lessons, and Horse Rental and Trail Rides, Guides and Outfitters, Dude Ranches and Resorts, and Horse Related Camps, as may be amended, or suitable similar program agreeable to both parties. Article 5 INDEMNITY AND INSURANCE _ 5.1 Indemnity 5.1.1 Tenant hereby indemnifies and holds harmless the City against any and all claims, obligations, costs, judgements and attorney's fees arising from or growing out of the operation and maintenance of the Property or Stables. Such indemnity specifically includes claims, lawsuits or causes of action and alleged negligent acts and omissions of the City, its officers, agents and employees. 5.1.2 City hereby indemnifies and holds harmless the Tenant against any and all claims, obligations, costs, judgements and attorney's fees arising from or growing out of the condition,whether known or unknown,of any property not under ownership and control of the Tenant. Such indemnity specifically includes claims, law suits or causes of action and alleged negligent acts and omissions of the Tenant, its officers, agents and employees. 5.2 Insurance -5- 5.2.1 Within ten (10) days of the execution of this Agreement and prior to commencement of any activities on the Property, Tenant shall furnish a completed Insurance Certificate to the City Clerk. The certificate shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon. City shall have no duty to pay or perform under this contract until such certificate is received by the City, and no officer or employee or the City shall have authority to waive this requirement. 5.2.2 Subject to Tenant's right to maintain reasonable deductibles in such amou nts as are approved by the City, Tenant shall obtain and maintain in full force and effect for the duration of this Agreement, and any extension thereof, at Tenant's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s)and amounts: 5.2.2.1 Workers' Compensation and Employer's Liability - Statutory Amount. 5.2.2.2 Commercial General (Public) Liability - Combined single limit for bodily injury and property damage of $1,000,000 per occurrence or its equivalent with an aggregate limit of $2,000,000. Including coverage for the following: 5.2.2.2.1 Premises operations, 5.2.2.2.2 Independent contractors Products/Completed operations, 5.2.2.2.3 Personal injury, 5.2.2.2.4 Contractual liability, 5.2.2.3 Comprehensive Automobile Liability - for vehicles used by Tenant in his operations hereunder -Combined single limit for bodily injury and property damage of $1,000,000 per occurrence or equivalent. 5.2.2.4 Fire and Extended Coverage - Tenant shall provide fire and extended coverage insurance on the Property showing the City as insured. Tenant shall provide City with a certificcate for such insurance and Tenant shall maintain such insurance and pay the premium for such during the term of this agreement and any extension thereof. Proceeds of such issuance shall be paid to the City. 5.2.3 Tenant agrees with respect to the above required insurance, all insurance contracts and certificate(s)of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: -6- 5.2.3.1 Name the City of Beaumont and its officers, employees, and elected representatives as additional insured(s), as the interest of each insured may appear, to all applicable coverage. 5.2.3.2 Provide 15 days notice to City for cancellation, non-renewal, or material change. 5.2.3.3 Tenant agrees to waive subrogation against the City, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance. 5.2.3.4 Provide that all provisions of this Agreement concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 5.2.4 Should the Property be damaged or destroyed by fire or other casualty, the decision to reconstruct the facility shall be that of the City Manager or his designee, under consult with the tenant. 5.2.5 Should the Property, or any portion of such Property, be destroyed or rendered unusable to such an extent that all or part of the business of the Tenant cannot continue and should the City, under consult with the Tenant, decide to rebuild the destroyed portion of such Property such that the Tenant can continue in business,then, in that event, this lease shall be extended for a period of time equal to the period of time that the Tenant is not able to operate its business under this lease and the Tenant shall be relieved of all rental payments during such time period. Article 6 TERMINATION 6.1 Termination by City 6.1.1 In the event that the City determines, in its judgement, that any one or more of the provisions of this contract are being breached or violated by Tenant, it shall notify Tenant thereof in writing, therein setting forth such breach or violation and a sufficient time for correction. In the event Tenant fails to correct such breach or violation in the time allowed, such failure shall, at the sole option of the City, serve to terminate this Agreement after thirty (30) days written notice. Such termination of the Agreement by City shall not deprive it of its lawful rights and pursuits to recover any and all amounts owing to it by Tenant up to and including the date of such termination. -7- 6.1.2 Upon termination of this Agreement, City shall have the right of reentry and may remove all persons and property from the premises and may store such property at a public warehouse or elsewhere at the expense of, and for the account of Tenant. Any and all permanent improvements made by Tenant to Property become the property of City. 6.2 Termination by Tenant 6.2.1 Tenant shall have the right to terminate this Agreement upon ninety (90) days written notice of its election to do so. Should Tenant terminate this Agreement, any and all permanent improvements made by Tenant to Property become the property of City. Article 7 IMPROVEMENTS TO PROPERTY 7.1 Improvements by Tenant 7.1.1 Tenant may make improvements to the Property. All improvements by Tenant must have the prior written approval of the City Manager or his designee. 7.1.2 All Improvements to Property must be in accordance with City, State and Federal laws, regulations and codes applicable to the construction, renovation and improvement of the structures and grounds. Due to the public nature of Property, State regulations set forth by the Texas Department of Licensing and Regulations applicable to Architectural Barriers must be followed. Prior to commencement of Improvements to public areas, approval of the plans and specifications must be received by the Texas Department of Licensing and Regulations and City. 7.1.3 Tenant is solely responsible for all payments, claims and costs associated with Improvements unless otherwise provided for in this agreement or agreed to in writing by both parties. 7.2 Improvements by City 7.2.1 The City may, at its own cost and expense, make capital improvements to the Property, subject to the appropriation of City funds. The City shall consult with Tenant prior to making said capital improvements. 7.3 Upon termination of this Agreement, or any extension thereof, all permanent improvements to Property shall become the property of the City. -8- 7.4 Should Improvements to the Property be damaged or destroyed by fire or other casualty, the decision to reconstruct the facility shall be that of the City Manager or his designee, under consult with the tenant. Article 8 GENERAL PROVISIONS 8.1 The services called for herein shall be performed by Tenant as an independent contractor, and City shall not be liable for the manner of discharge of such services. 8.2 Tenant shall be an independent contractor, not an employee of the City, and all persons employed/contracted by Tenant shall be his employees/contractors and shall not be employees/contractors of the City. 8.3 This Agreement shall not be transferred or assigned to any party, in any manner whatsoever, by Tenant without the prior written approval of the City Manager or his designee. City's requirements and expectations of transferee will be similar to this Agreement, and amendments. It is expected that Tenant will receive fair and reasonable compensation for livestock, equipment, and business valuation from transferee in an amount agreed upon by Tenant, transferee, and City prior to transfer. 8.4 No waiver by either party of a breach by the other shall be construed or held to be a waiver by such party of any succeeding breach by the other party of the same or any covenant, condition, or restriction herein contained. 8.5 Where changes to activities or areas included in this Agreement are made, such modifications must be in writing and signed by-both parties. 8.6 If any term or provision of this Agreement shall, to any extent, be invalid or unenforceable, the remainder of this lease shall not be affected thereby and each other term and provision of this lease shall be valid and be enforced to the fullest extent permitted by law. 8.7 With respect to the Property, Tenant assures that it will ensure that no person shall on the grounds of race, creed, color, sex, disability or-national origin be excluded from participating in any employment activity. Tenant assures that no person shall be excluded on these grounds from participation in or receiving the services or benefits of any program or activity covered by this Agreement. 8.8 Nothing in this agreement shall limit the Tenant's ability and sole discretion to deny use or access to individuals who are unable or unwilling to follow established guidelines, rules, or directions, or who disrupt normal operations. 8.8 Any written notice to be given hereunder by either party to the other party shall be -9- affected by certified mail, return receipt requested. Either party may change the address for notice to it by giving written notice of such change in accordance with the provisions of this section. 8.8.1 Notice to Tenant shall be sufficient if made or addressed to: Bryan & Bridget Markland 5595 Tyrrell Park Rd Beaumont, Texas 77705-6824 8.8.2 Notice to City shall be sufficient if made or addressed to: City Manager City of Beaumont P. O. Box 3827 Beaumont, Texas 77704 8.9 This Agreement constitutes the entire agreement between the parties and no changes, amendments or modifications hereof shall be valid or recognized unless in writing and signed by both parties. 8.10 The Caretaker's House on the Property may only be occupied by Tenant unless written approval for occupancy by others is obtained from the City Manager or his designee. 8.11 Time is of the essence of this agreement. 8.12 This agreement shall be construed under, and in accordance with, the laws of the State of Texas, and all obligations of the parties created by this agreement are performable in Jefferson County, Texas. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first mentioned above at Beaumont, Texas. CITY OF BEAUMONT: TENANT: Kyle Hayes, City Manager Bryan Markland Bridget Markland -10- TYRRELL PARK STABLES MONTHLY INCOME/EXPENSE PROJECTIONS 2004 Yearly January February March April May June July August September October November December Total January'05 INCOME DESCRIPTION Boarding $675 $1,150 $1,425 $1,700 $1,975 $2,450 $2,450 $2,450 $2,450 Lessons $3,280 $2,800 $4,960 $2,450 $2,450 $2,450 $24,075 $6,720 $7,840 $7,840 $7,840 $6,080 $7,040 $2,450 Trail Rides $1,200 $1,350 $1,350 $1,650 $1,800 $1,800 $1,840 $1,350 $5,760 $75,360 $1,840 $1,800 $1,350 $1,350 $1,350 $1,3$0 $1,0$0 $17,400 $1,3$0 Summer Camp $0 $0 $0 $0 $0 $4,800 $4,800 $0 $0 $p $0 $0 Play Day $380 $475 $570 $665 $665 $665 $665 $665 $665 $665 $665 $665 $655 Miscellaneous $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $6,000 $500 TOTAL INCOME $5,535 $6,275 $8,805 $11,235 $12,780 $18,055 $18,055 $11,045 $12,005 $12,805 $12,325 $10,425 $122,835 $12,805 EXPENSE DESCRIPTION Horses Feed/Maintenance 1,273.17 3,081.50 2,785.67 6,989.83 3,394.00 3,072.00 3,072.00 3,072.00 3,072.00 3,072.00 3,072.00 3,072.00 $39,028 3,072.00 Utilities/Rent/Property Maint $500 $500 $2,750 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 Insurance/Advertising $2,500 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $13,500 $1,615 $1,000 TOTAL EXPENSES $4,273 $4,582 $6,536 $8,990 $5,394 $5,072 $5,072 $5,072 $5,072 $5,072 $5,072 $5,072 $65,278 $5,687 CASH(SHORT)EXTRA $1,262 $1,694 $2,269 $2,245 $7,386 $12,983 $12,983 $5,973 $6,933 $7,733 $7,253 $5,353 $57,557 $7,118 Pagel JAN 04 Daily/EA 1#/month Monthly #horses Boarding 0 >>> Temp +$500 Breeding fee $ 596 $ - 1 >>> Monthly-stable/turn-out $ 275 $ 275 2 >>> Monthly-pasture $ 200 $ 400 >>> Monthly-conditioning $ 500 $ 675 #students Lessons Lessons (Halter) 2 Lessons (Wester Pleasure) $ 320 $ 640 5 General Horsemanship $ 400 $ 2,000 2 Gymkanna $ 320 $ 640 $ 3,280 #rentals Trail Rides 80 Guided Trail Ride Rentals $ 15 $ 1,200 >>> Individual #students 1 Summer Camp $ 1,200 0 Summer Camp Tuition $ 200 0 $ - #participants Plav Dav 20 Entry Fees (avg $15/person) $ 15 1 $ 300 40 Concessions ($2/person) $ 2 $ 80 $ 380 INCOME TOTAL: $ 5,535 # Horses Horses: 10 Total Horses 7 Stable Horses 3 Boarded Horses Feed/Hay $ 52 $ 520 Shots (once annually) $ 25 14.58 Worming $ 7 $ 70 Ferrier $ 12 $ 84 Stable-Hand (5 days/week) $ 200 $ 500 >>> -rm/board, $300/mo. Tack/Equip maint $ 10 $ 70 Annual Vet Check $ 25 14.58 Total: 1,273.17 Rent Commision (Rent) Utilities $ 250 Property Mainenance $ 250 Total: $ 500 Insurance $ 2,000 Advertising $ 500 Total: $ 2,500 EXPENSES TOTAL: $ 4,273 NET TOTAL: $ 1,262 Pagel FEB 04 Daily/EA #/month Monthly #horses Boarding 0 >>>Temp+ $500 Breeding fee $ 596 $ 2 >>> Monthly-stable/turn-out $ 275 $ 550 3 >>> Monthly-pasture $ 200 $ 600 >>> Monthly-conditioning $ 500 #students Lessons $ 1,150 Lessons (Halter) 2 Lessons (Wester Pleasure) $ 320 $ 640 3 General Horsemanship $ 400 $ 1,200 3 Gymkanna $ 320 $ 960 #rentals Trail Rides $ 2,800 90 Guided Trail Ride Rentals $ 15 $ 1,350 >>> Individual #students Summer Camp $ 1,350 0 Summer Camp Tuition $ 200 0 $ #participants Plav Day 25 Entry Fees (avg$15/person) $ 15 1 $ 375 50 Concessions ($2/person) $ 2 $ 100 $ 475 INCOME TOTAL: $ 5,775 #Horses Horses: 14 Tofa/Horses 9 Stable Horses 2 new $ 1,200 5 Boarded Horses Feed/Hay $ 52 $ 728 Shots (once annually) $ 25 18.75 Worming $ 7 $ 98 Ferrier $ 12 $ 108 Stable-Hand (5 days/week) $ 280 $ 820 >>>-rm/board, $300/mo. Tack/Equip maint $ 10 $ 90 Annual Vet Check $ 25 18.75 Total: 3,081.50 Rent Commision (Rent) Utilities $ 250 Property Mainenance $ 250 Total: $ 500 Insurance $ 500 Advertising $ 500 Total: $ 1,000 EXPENSES TOTAL: $ 4,582 NET TOTAL: Pagel MAR 04 Daily/EA #/month Monthly #horses Boarding 0 >>> Temp+$500 Breeding fee $ 596 $ - 3 >>> Monthly-stable/turn-out $ 275 $ 825 3 >>> Monthly-pasture $ 200 $ 600 >>> Monthly-conditioning $ 500 $ 1,425 #students Lessons Lessons (Halter) 4 Lessons (Wester Pleasure) $ 320 $ 1,280 6 General Horsemanship $ 400 $ 2,400 4 Gymkanna $ 320 . $ 1,280 $ 4,960 #rentals Trail Rides 90 Guided Trail Ride Rentals $ 15 $ 1,350 >>> Individual $ 1,350 #students Summer Camp 0 Summer Camp Tuition $ 200 0 $ - participants Plav Dav/Poker Ride 30 Entry Fees (avg$15/person) $ 15 1 $ 450 K0 Concessions ($2/person) $ 2 $ 120 $ 570 INCOME TOTAL: $ 8,305 #Horses Horses: 16 Total Horses 10 Stable Horses 1 new $ 600 6 Boarded Horses Feed/Hay $ 52 $ 832 Shots (once annually) $ 25 20.83 Worming $ 7 $ 112 Ferrier $ 12 $ 120 Stable-Hand(s) (5 days/week) $ 320 , $ 980 >>>-rm/board, $300/mo. Tack/Equip maint $ 10 $ 100 Annual Vet Check $ 25 20.83 Total: 2,785.67 Rent $ 500 Commision (Rent) Utilities $ 250 Property Mainenance add round pen $ 2,000 Total: $ 2,750 Insurance $ 500 Advertising $ 500 Total: $ 1,000 EXPENSES TOTAL: $ 6,536 NET TOTAL: $ 1,769 APR 04 Daily/EA #/month Monthly #horses Boarding 0 >>>Temp+ $500 Breeding fee $ 596 $ - 4 >>> Monthly-stable/turn-out $ 275 $ 1,100 3 >>> Monthly-pasture $ 200 $ 600 >>> Monthly-conditioning $ 500 $ 1,700 #students Lessons Lessons (Halter) 6 Lessons (Wester Pleasure) $ 320 $ 1,920 8 General Horsemanship $ 400 $ 3,200 5 Gymkanna $ 320 $ 1,600 $ 6,720 #rentals Trail Rides 110 Guided Trail Ride Rentals $ 15 $ 1,650 »> Individual $ 1,650 #students Summer Camp 0 Summer Camp Tuition $ 200 0 $ - #participants Play Day/Poker Ride 35 Entry Fees (avg$15/person) $ 15 1 $ 525 70 Concessions ($2/person) $ 2 $ 140 $ 665 INCOME TOTAL: $ 10,735 #Horses Horses: 18 Total Horses 11 Stable Horses Stud purchase+1 new $ 4,500 7 Boarded Horses Feed/Hay $ 52 $ 936 Shots(once annually) $ 25 22.92 Worming $ 7 $ 126 Ferrier $ 12 $ 132 Stable-Hand (5 days/week) $ 360 $ 1,140 >>>-rm/board, $300/mo. Tack/Equip maint $ 10 $ 110 Annual Vet Check $ 25 22.92 Total: 6,989.83 Rent $ 500 Commision (Rent) Utilities $ 250 Property Mainenance $ 250 Total: $ 1,000 Insurance $ 500 Advertising $ 500 Total: $ 1,000 EXPENSES TOTAL: $ 8,990 NET TOTAL: $ 1,745 Page 1 MAY 04 Daily/EA #/month Monthly #horses Boarding 0 >>>Temp+$500 Breeding fee $ 596 $ 5 >>> Monthly-stable/turn-out $ 275 $ 1,375 3 >>> Monthly-pasture $ 200 $ 600 >>> Monthly-conditioning $ 500 # $ 1,975 students Lessons Lessons(Halter) 6 Lessons (Wester Pleasure) $ 320 $ 1,920 10 General Horsemanship $ 400 $ 4,000 6 Gymkanna $ 320 $ 1,920 $ 7,840 #rentals Trail Rides 120 Guided Trail Ride Rentals $ 15 $ 1,800 >>> Individual $ 1,800 #students Summer Camp 0 Su Camp Tuition $ 200 0 $ - #participants Play Day/Poker Ride 35 Entry Fees (avg$15/person) i $ 15 1 $ 525 70 Concessions($2/person) $ 2 $ 140 $ 665 INCOME TOTAL: $ 12,280 #Horses Horses: 20 Total Horses 12 Stable Horses 1 new $ 600 8 Boarded Horses Feed/Hay $ 52 $ 1,040 Shots (once annually) $ 25 25.00 Worming $ 7 $ 140 Ferrier $ 12 $ 144 Stable-Hand (5 days/week) $ 400 $ 1,300 >>>-rm/board, $300/mo. Tack/Equip maint $ 10 $ 120 Annual Vet Check $ 25 1 25.00 Total: 3,394.00 Rent $ 500 Commision (Rent) Utilities $ 250 Property Mainenance $ 250 Total: $ 1,000 Insurance $ 500 Advertising $ 500 Total: $ 1,000 EXPENSES TOTAL: $ 5,394 NET TOTAL: $ 6,886 JUN 04 Daily/EA #/month Monthly #horses Boarding 0 >>>Temp+$500 Breeding fee $ 596 $ - 6 »> Monthly-stable/turn-out $ 275 $ 1,650 4 »> Monthly-pasture $ 200 $ 800 >>> Monthly-conditioning $ 500 $ 2,450 #students Lessons Lessons(Halter) 6 Lessons (Wester Pleasure) $ 320 $ 1,920 10 General Horsemanship $ 400 $ 4,000 6 Gymkanna $ 320 $ 1,920 $ 7,840 #rentals Trail Rides 120 Guided Trail Ride Rentals $ 15 $ 1,800 >>> Individual $ 1,800 #students Summer Camp 4 one week camps 6 Summer Camp Tuition $ 200 1 4 $ 4,800 *-participants Plav Day/Poker Ride 35 Entry Fees (avg$15/person) $ 15 1 $ 525 70 Concessions ($2/person) $ 2 $ 140 $ 665 INCOME TOTAL: $ 17,555 #Horses Horses: 22 Total Horses 12 Stable Horses $ _ 10 Boarded Horses Feed/Hay $ 52 $ 1,144 Shots (once annually) $ 25 25.00 Worming $ 7 $ 154 Ferrier $ 12 $ 144 Stable-Hand (5 days/week) $ 440 $ 1,460 >>>-rm/board, $300/mo. Tack/Equip maint $ 10 $ 120 Annual Vet Check $ 25 25.00 Total: 3,072.00 Rent $ 500 Commision (Rent) Utilities $ 250 Property Mainenance $ 250 Total: $ 1,000 Insurance $ 500 Advertising $ 500 Total: $ 1,000 EXPENSES TOTAL: $ 5,072 NET TOTAL: $ 12,483 JUL 04 Daily/EA #/month Monthly #horses Boarding 0 >>>Temp+$500 Breeding fee $ 596 $ - 6 >>> Monthly-stable/turn-out $ 275 $ 1,650 4 >>> Monthly-pasture $ 200 $ 800 >>> Monthly-conditioning $ 500 $ 2,450 #students Lessons Lessons(Halter) 6 Lessons (Wester Pleasure) $ 320 $ 1,920 10 General Horsemanship $ 400 $ 4,000 6 Gymkanna $ 320 $ 1,920 $ 7,840 #rentals Trail Rides 120 Guided Trail Ride Rentals $ 15 $ 1,800 >>> Individual $ 1,800 --W students Summer Camp 4 one week camps 6 Summer Camp Tuition $ 200 4 $ 4,800 #participants Play Day/Poker Ride 35 Entry Fees (a vg$15/person) $ 15 1 $ 525 70 Concessions($2/person) $ 2 $ 140 $ 665 INCOME TOTAL: $ 17,555 #Horses Horses: 22 Total Horses 12 Stable Horses $ - 10 Boarded Horses Feed/Hay $ 52 $ 1,144 Shots (once annually) $ 25 25.00 Worming $ 7 $ 154 Ferrier $ 12 $ 144 Stable-Hand (5 days/week) $ 440 $ 1,460 >>>-rm/board, $300/mo. Tack/Equip maint $ 10 $ 120 Annual Vet Check $ 25 25.00 Total: 3,072.00 Rent $ 500 Commision (Rent) Utilities $ 250 Property Mainenance $ 250 Total: $ 1,000 Insurance $ 500 Advertising $ 500 Total: $ 1,000 EXPENSES TOTAL: $ 5,072 NET TOTAL: $ 12,483 AUG 04 Daily/EA #/month Monthly horses Boarding 0 >>>Temp+ $500 Breeding fee $ 596 $ - 6 »> Monthly-stable/turn-out $ 275 $ 1,650 4 >>> Monthly-pasture $ 200 $ 800 >>> Monthly-conditioning $ 500 $ 2,450 #students Lessons Lessons (Halter) 4 Lessons (Wester Pleasure) $ 320 $ 1,280 8 General Horsemanship $ 400 $ 3,200 5 Gymkanna $ 320 $ 1,600 $ 6,080 #rentals Trail Rides 90 Guided Trail Ride Rentals $ 15 $ 1,350 >>> Individual $ 1,350 #students Summer Camp 0 Summer Camp Tuition $ 200 0 $ - i _#participants Play Day/Poker Ride 35 Entry Fees(avg$15/person) $ 15 1 $ 525 70 Concessions ($2/person) $ 2 $ 140 $ 665 INCOME TOTAL: $ 10,545 --W-Horses Horses: 22 Total Horses 12 Stable Horses $ - 10 Boarded Horses Feed/Hay $ 52 $ 1,144 Shots (once annually) $ 25 25.00 Worming $ 7 $ 154 Ferrier $ 12 $ 144 Stable-Hand (5 days/week) $ 440 $ 1,460 >>>-rm/board, $300/mo. Tack/Equip maint $ 10 $ 120 Annual Vet Check $ 25 25.00 Total: 3,072.00 Rent $ 500 Commision (Rent) Utilities $ 250 Property Mainenance $ 250 Total: $ 1,000 Insurance $ 500 Advertising $ 500 Total: $ 1,000 EXPENSES TOTAL: $ 5,072 NET TOTAL: $ 5,473 SEP 04 Daily/EA #/month Monthly #horses Boarding 0 >>>Temp+ $500 Breeding fee $ 596 $ - 6 »> Monthly-stable/turn-out $ 275 $ 1,650 4 >>> Monthly-pasture $ 200 $ 800 >>> Monthly-conditioning $ 500 $ 2,450 #students Lessons Lessons (Halter) 6 Lessons (Wester Pleasure) $ 320 $ 1,920 8 General Horsemanship $ 400 $ 3,200 6 Gymkanna $ 320 $ 1,920 $ 7,040 #rentals Trail Rides 90 Guided Trail Ride Rentals $ 15 $ 1,350 >>> Individual $ 1,350 #students Summer Camp 0 Summer Camp Tuition $ 200 0 $ - #participants Play Day/Poker Ride 35 Entry Fees (avg$15/person) $ 15 1 $ 525 70 Concessions ($2/person) $ 2 $ 140 $ 665 INCOME TOTAL: $ 11,505 #H oises Horses: 22 Total Horses 12 Stable Horses $ 10 Boarded Horses Feed/Hay $ 52 $ 1,144 Shots (once annually) $ 25 25.00 Worming $ 7 $ 154 Ferrier $ 12 $ 144 Stable-Hand (5 days/week) $ 440 $ 1,460 >>>-rm/board, $300/mo. Tack/Equip maint $ 10 $ 120 Annual Vet Check $ 25 25.00 Total: 3,072.00 Rent $ 500 Commision (Rent) ! Utilities $ 250 Property Mainenance $ 250 Total: $ 1,000 Insurance $ 500 Advertising $ 500 Total: $ 1,000 EXPENSES TOTAL: $ 5,072 NET TOTAL: $ 6,433 OCT 04 Daily/EA #/month Monthly #horses Boarding 0 >>>Temp+ $500 Breeding fee $ 596 $ - 6 >>> Monthly-stable/turn-out $ 275 $ 1,650 4 >>> Monthly-pasture $ 200 $ 800 >>> Monthly-conditioning $ 500 $ 2,450 #students Lessons Lessons(Halter) 6 Lessons (Wester Pleasure) $ 320 $ 1,920 10 General Horsemanship $ 400 $ 4,000 6 Gymkanna $ 320 $ 1,920 #rentals Trail Rides $ 7,840 90 Guided Trail Ride Rentals $ 15 $ 1,350 »> Individual $ 1,350 #students Summer Camp 0 Summer Camp Tuition $ 200 0 $ - #participants Play Dav/Poker Ride 35 Entry Fees (avg$15/person) $ 15 1 $ 525 70 Concessions($2/person) $ 2 $ 140 $ 665 INCOME TOTAL: $ 12,305 --#Horses Horses: 22 Total Horses 12 Stable Horses $ - 10 Boarded Horses Feed/Hay $ 52 $ 1,144 Shots(once annually) $ 25 25.00 Worming $ 7 $ 154 Ferrier $ 12 $ 144 Stable-Hand (5 days/week) $ 440 $ 1,460 >>>-rm/board, $300/mo. Tack/Equip maint $ 10 $ 120 Annual Vet Check $ 25 25.00 Total: 3,072.00 Rent $ 500 Commision (Rent) Utilities $ 250 Property Mainenance $ 250 Total: $ 1,000 Insurance $ 500 Advertising $ 500 Total: $ 1,000 EXPENSES TOTAL: $ 5,072 NET TOTAL: $ 7,233 NOV 04 Daily/EA #/month Monthly #horses Boarding 0 >>>Temp+$500 Breeding fee $ 596 $ - 6 >>> Monthly-stable/turn-out $ 275 $ 1,650 4 >>> Monthly-pasture $ 200 $ 800 >>> Monthly-conditioning $ 500 $ 2,450 #students Lessons Lessons (Halter) 6 Lessons(Wester Pleasure) $ 320 $ 1,920 8 General Horsemanship $ 400 $ 3,200 7 Gymkanna $ 320 $ 2,240 $ 7,360 #rentals Trail Rides 90 Guided Trail Ride Rentals $ 15 $ 1,350 >>> Individual $ 1,350 #students Summer Camp 0 Summer Camp Tuition $ 200 0 $ - #participants Play Day/Poker Ride 35 Entry Fees (avg$15/person) $ 15 1 $ 525 70 Concessions ($2/person) $ 2 $ 140 $ 665 INCOME TOTAL: $ 11,825 #Horses Horses: 22 Total Horses 12 Stable Horses $ - 10 Boarded Horses Feed/Hay $ 52 $ 1,144 Shots (once annually) $ 25 25.00 Worming $ 7 $ 154 Ferrier $ 12 $ 144 Stable-Hand (5 days/week) $ 440 $ 1,460 >>>-rm/board, $300/mo. Tack/Equip maint $ 10 $ 120 Annual Vet Check $ 25 25.00 Total: 3,072.00 Rent $ 500 Commision (Rent) Utilities $ 250 Property Mainenance $ 250 Total: $ 1,000 Insurance $ 500 Advertising $ 500 Total: $ 1,000 EXPENSES TOTAL: $ 5,072 NET TOTAL: $ 6,753 DEC 04 Daily/EA #/month Monthly #horses Boarding 0 >>>Temp +$500 Breeding fee $ 596 $ - 6 >>> Monthly-stable/turn-out $ 275 $ 1,650 4 >>> Monthly-pasture $ 200 $ 800 >>> Monthly-conditioning $ 500 $ 2,450 #students Lessons Lessons (Halter) 4 Lessons (Wester Pleasure) $ 320 $ 1,280 8 General Horsemanship $ 400 $ 3,200 4 Gymkanna $ 320 $ 1,280 $ 5,760 #rentals Trail Rides 70 Guided Trail Ride Rentals $ 15 $ 1,050 »> Individual $ 1,050 #students Summer Camp 0 Summer Camp Tuition $ 200 0 $ - #participants Play Day/Poker Ride 35 Entry Fees(avg$15/person) $ 15 1 $ 525 70 Concessions ($2/person) $ 2 $ 140 $ 665 INCOME TOTAL: $ 9,925 #Horses Horses: 22 Total Horses 12 Stable Horses $ 10 Boarded Horses Feed/Hay $ 52 $ 1,144 Shots (once annually) $ 25 25.00 Worming $ 7 $ 154 Ferrier $ 12 $ 144 Stable-Hand (5 days/week) $ 440 $ 1,460 »>-rm/board, $300/mo. Tack/Equip maint $ 10 $ 120 Annual Vet Check $ 25 25.00 Total: 3,072.00 Rent $ 500 Commision (Rent) Utilities $ 250 Property Mainenance $ 250 Total: $ 1,000 Insurance $ 500 Advertising $ 500 Total: $ 1,000 EXPENSES TOTAL: $ 5,072 NET TOTAL: $ 4,853 JAN 05 Daily/EA #/month Monthly #horses Boarding 0 >>>Temp+$500 Breeding fee $ 596 $ - 6 >>> Monthly-stable/turn-out $ 275 $ 1,650 4 >>> Monthly-pasture $ 200 $ 800 >>> Monthly-conditioning $ 500 $ 2,450 #students Lessons Lessons (Halter) 6 Lessons (Wester Pleasure) -1--320 $ 1,920 10 General Horsemanship $ 400 $ 4,000 6 Gymkanna $ 320 $ 1,920 # $ 7,840 rentals Trail Rides 90 Guided Trail Ride Rentals $ 15 $ 1,350 >>> Individual $ 1,350 #students Summer Camp 0 Summer Camp Tuition $ 200 0 $ - #participants Plav Dav/Poker Ride 35 Entry Fees (avg$15 1person) $ 15 1 $ 525 70 Concessions($2/person) $ 2 $ 140 $ 665 INCOME TOTAL: $ 12,305 #Horses Horses: 22 Total Horses 12 Stable Horses 0440 $10 Boarded Horses Feed/Hay Shots (once annually)Worming Ferrier Stable-Hand (5 days week) >>>-rm/board, $300/mo. Tack/Equip maint $ 10 $ 120 Annual Vet Check $ 25 25.00 Total: 3,072 Rent $ 500 Commision (Rent) 615 Utilities $ 250 Property Mainenance $ 250 Total: $ 1,615 Insurance $ 500 Advertising $ 500 Total: $ 1,000 EXPENSES TOTAL: $ 5,687 NET TOTAL: $ 6,618 Tenants' Biography: Bryan and Bridget Markland were raised in Norco, California. Norco has been dubbed "Horse Town, USA" as prominently stated on the city's welcome sign, seen as you enter town. The town also boasts a population of `more horses than people' —about 35 thousand. There are no sidewalks in Norco; there are only horse riding trails next to the streets, and hitching posts in front of most businesses. All residential property is zoned for horses, with no less than one half acre per lot. Norco has extensive equine activities throughout the year, including the National Pro Rodeo circuit, and Horse Week that includes many activities which draw very large crowds for good family fun. Bryan has served in the Coast Guard for more than 14 years. Bryan currently has 3+ years remaining on his contract in Port Arthur, with great flexibility for extending longer. Both Bryan and Bridget have extensive trail riding experience on both neighborhood trails and wilderness trails such as the Santa Ana Riverbed, totaling thousands of hours. Bridget has experience in showing halter and western pleasure with significant success, including halter National Grand Champion for three consecutive years. Bryan has attended many CPR and First Aid courses with the Coast Guard and will maintain currency. Bridget will also attend CPR and First Aid courses. Bridget has applied her life experience during the last year on two local ranches teaching general horsemanship classes to individuals and groups of adults and children -beginner to advanced levels, and also providing superb care for the health and well-being of all horses under her supervision. Bridget will attend advanced riding instructor training courses. Bryan and Bridget see a great opportunity to serve the community's needs in the operation and maintenance of Tyrrell Park Stables, and look forward to providing safe and enjoyable recreation for the families of Beaumont and surrounding communities. Release of Liability This RELEASE of LIABILITY is made and entered into on this day of , 20 ,by and between Tyrrell Park Stables,hereinafter designated MANAGER and hereinafter designated RIDER,and if Rider is a minor,Rider's parent or guardian, In return for the use,today and on all future dates of the property,facilities and services of the Manager,the Rider,his heirs,assigns,and legal representatives, hereby expressly agree to the following: 1. It is the responsibility of the Rider to carry full and complete insurance coverage on his horse,personal property and himself. 2. Rider agrees to assume ANY AND ALL RISKS INVOLVED IN OR ARISING FROM THE RIDER'S USE OF OR PRESENCE UPON MANAGER'S PROPERTY AND FACILITIES including,without limitation but not limited to,the risks of death,bodily injury,property damage,falls,kicks,bites,collisions with vehicles, horses or stationary objects,fire or explosion,the unavailability of emergency medical care,or the negligence or deliberate act of another person. 3. Rider agrees to hold Manager and all of its successors,assigns,subsidiaries,affiliates,officers,directors, employees and agents completely harmless and not liable and release them from all liability whatsoever and AGREES NOT TO SUE them on account of or in connection with any claims,causes of action,injuries, damages,cost or expenses arising out of Rider's use of or presence upon Manager's property and facilities, including without limitation,those based on death,bodily injury,property damage,including consequential damages,except if the damages are caused by the direct,willful and wanton negligence of the Manager. 4. Rider agrees to waive the protection afforded by any statute or law in any jurisdiction whose purpose,substance and/or effect is to provide that a general release shall not extend to claims,material or otherwise,which the person giving the release does not know or suspect to exist at the time of executing the release. 5. Rider agrees to indemnify and defend Manager against,and hold it harmless from,any and all claims,causes of action,damages,judgements,costs or expenses,including attorney's fees,which in any way arise from the Rider's use of or presence upon the Manager's property and facilities. 6. Rider agrees to abide by all of Manager's rules and regulations. 7. If Rider is using his horse,the horse shall be free from infection,contagious or transmissible disease. Manager reserves the right to refuse horse if not in proper health or is deemed dangerous or undesirable. 8. This contract is non-assignable and non-transferable and is made and entered into the State of Texas,and shall be enforced and interpreted under the laws of this state. 9. Should any clause be in conflict with State Law,then that clause is null and vo ad. When the Manager_and Rider and Rider's parent or guardian,if Rider is a minor,sign this contract,it will then be binding on both parries, subject to the above terms and conditions. WARNING: UNDER TEXAS LAW(CHAPTER 87,CIVIL PRACTICE AND REMEDIES CODE). AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES. Manager's Signature Rider's Signature Rider's Address/Phone Number Rider's Parent or Guardian(If Rider is a minor.) Release of Liability Tyrrell Park Stables I, the undersigned, wish to participate in the Tyrrell Park Stables event on 20 . I understand that during portions of this event I will be in close proximity to one or more horses under circumstances which may expose me to some risk of injury,because of the nature of horses, the facility, and the activities in which I will be engaged. In consideration of the Tyrrell Park Stables allowing my participation in this event, 1, on behalf of myself, and my heirs, administrators,personal representatives, assigns and children and spouse, if any, do hereby agree to hold harmless, release and discharge Tyrrell Park Stables and the City of Beaumont,which includes its officers, directors,members, agents,representatives, affiliates and insurers, of and from all claims, demands, causes of action and legal liability whether known or unknown, anticipated or unanticipated, due to the ordinary negligence of Tyrrell Park Stables. I shall not bring any claims, demands, legal actions or causes of action against Tyrrell Park Stables or the City of Beaumont for any damage or loss due to bodily injury, death or property damage arising out of my participation in this event. WARNING WARNING: UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE). AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES. Signature of Participant Date Signature of Parent or Guardian Date (If participant is a minor.) STATE OF TEXAS COUNTY OF JEFFERSON 2003 TYRRELL PARK STABLES 5595 Tyrrell Park Drive Beaumont,TX 77705 Phone:(409)XXX-XXXX TRAINING AND BOARDING CONTRACT Owner: Horse/s: Address: Coggins#: City: Date of Coggins: State: Zip: Age: Sex: Hm.Phone: Color: Breed: Wk.Phone: Nickname: Deworming Date: Vaccination Record: Insurance Cc: Phone#: Policy#: Youth Name: Fees due on the first of each month: Conditioning&board$500.00 Regular board$275.00 Pasture board$200.00 Hauling—w/in 10 miles$50.00 Each add'l mi:$0.75 Clipping$25.00 Banding$25.00 Braiding$35.00 Bathing$15.00—no charge if in conditioning Show entry fees charged as incurred Late fee for not paying bill:$25.00 if not received by the 10th of each month Returned check fee$25.00 Medical charges as incurred,due at time of service Farrier charges as incurred,due at time of service Special equipment charges,as incurred Additional supplements charges as incurred ALL BILLS TO BE PAID AND THIS CONTRACT TO BE PERFROMED IN THE STATE OF TEXAS,COUNTY OF JEFFERSON. Authority to obtain Veterinary and Farrier Care:Owner hereby authorizes Tyrrell Park Stables and Trainer to obtain all necessary emergency and non-emergency veterinary and farrier care to maintain said horse in good health.Owner shall pay all such veterinarian and farrier services in accordance with this agreement Owner also agrees that trainer will implement a de-worming program,consistent with recognized standards.Owner is obligated to pay the expense of such service. Risk of Loss:While the horse is at Tyrrell Park Stables,or under control of Trainer,Tyrrell Park Stables,Trainer,and City of Beaumont shall not be liable for any injury,death,sickness,or theft suffered by the horse or any other cause of action arising from or connecting to the boarding or training of the horse.Owner fully understands that Tyrrell Park Stable,Trainer,and City of Beaumont does not cant'any insurance for any horses not owned by it for boarding,training or any other purpose,or for which the horses are covered under any public liability,accidental injury,theft,or equine mortality insurance:ALL RISKS ARE ASSUMED BY OWNER.Owner agrees to hold Tyrrell Park Stables,Trainer,and City of Beaumont harmless from any loss or injury to said horse.All costs,no matter how catastrophic,connected with boarding,training or for any other reason for which the horse is on the premises or under the control of Tyrrell Park Stables or Trainer, are to be bome by Owner. Right of Lien:Tyrrell Park Stables and Trainer has the right of lien as set forth in the law of the State of Texas for the amount due for board and additional agreed upon services and shall have the right,without process of law to retain said horse until the indebtedness is satisfactorily paid in full. WARNING:UNDER TEXAS LAW,CHAPTER 87,CIVIL PRACTICES AND REMEDIES CODE,AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISK OF EQUINE ACTIVITIES. Owner: Date: Trainer: Date: •«« «• •# • � � '�.; t ,�1✓ �g: s� '"�� ac y �. std "� �§ y`��Yy '' #! �- � •• � N# �� 4 .. � �.T4G b'U � �� ,^� Ut'3 Lw{.� iMMY�� # • Y }fie ��yi^,�' "},3.. •'Emma I ir lot � Y y z Tyrrell Park jgnggMg Stable- 1.5 WIN .i �' 1 f E € � N • kX x .WIN i Tyrrell Park Stables Beaumont, Texas x r g x k� z •� Y f va 0- u", ........... �3 7% N4 F sp� � � ..,+fir• Y � .� WARNING WARNING: UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE). AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES. "This facility is operated in compliance with the Texas Riding Stable Registration Requirements . Any person observing a violation of the requirements may report the violation to : Texas Animal Health Commission at 2105 Kramer Lane , Austin , Texas 78758 or P . O . Box 12966 , Austin , Texas 78711-12966 . " Provided under requirements of the Texas Administrative Code, Title 4 (Agriculture), Chapter 48 (Riding Stables Registration Program), Rule 48.3 (Standards) eeeec) e () This is a NO SMOKING facility. Smoking brings an unnecessary and unacceptable risk to the stable property and associated equine activities. Trail Etiquette and Safety ➢ Riding is a sport,just like tennis or skiing. You are a participant, not a passenger, so when you ride, be riding all the time. Be aware of your horse and what you are doing. It has a mind; it will use it. Learn to guide it safely. ➢ As an animal of flight, the horse is startled by sudden movements, loud noises and unfamiliar objects. Don't throw things (hats, cameras, etc.) to or from a horse. Please ask the wrangler to stop to put a jacket or slicker on; dismount for this process. If you would like to take pictures, ask the wrangler to stop. ➢ A group of horses tied up together is a potentially hazardous situation. Please wait for the wrangler to bring your horse to you when it is time to mount up. By the same token, when arriving at the barn after a ride, wait for the wrangler to tie the horse (we use quick release knots). The reins are not for tying up a horse. ➢ Don't let your horse eat or graze on the trail. Just one mouthful leads to many more. ➢ If your horse fails to keep up with the others, has tricks you don't like, or is lazy, before you blame him, figure out how much you really know about riding. Riding is a lifelong study, and a good rider always looks to himself first. ➢ Don't follow the horse ahead of you too closely. A horse finds tailgating about as annoying as you do -- and he may kick. A good following distance is at least a horse length. ➢ Don't pass your wrangler. He or she is up front to maintain control of the ride and to watch for things that might spook or trip your horse. ➢ It is unsafe to continue down the trail when a member of your party is dismounted. Wait for the person to get back on their horse before moving on. If your wrangler is opening a gate, move through the gate enough to get the entire party through, and then stop and wait. ➢ Another rider's leg or horse does not make a good head scratching post for your horse, even if he thinks it does. ➢ No smoking is not allowed around the stable area or during a trail ride. Smoking brings an unnecessary and unacceptable risk to the stable property and associated equine activities. ➢ A nice pleasant walk is suitable and required for riding here at Tyrrell Park Stabels. We cover many trails that are not suitable for running. This is for your safety as well as your horse's safety. Control is the key factor, not just "staying on". ➢ Please ask questions before leaving if you have any doubt about reining and controlling your horse. These rules/guidelines are written with your safety in mind. ➢ If you feel that you need a riding lesson or refresher session before embarking on a trail ride, we can arrange instruction accordingly. ➢ Remember, Henry Ford has invested the only thing that works without rest and without much need for brains on the part of the person in control. Horses are not machines! ➢ There are hidden dangers on the trail and the rider needs to be alert at all times and in control of his/her horse. ➢ We hope that you enjoy your stay here, and that your have many pleasant memories on horseback. The Nature of the Horse by Jan Dawson President American Association for Horsemanship Safety All too often at riding schools and trail ride establishments, the first lesson or pre-ride instruction is under-utilized or completely wasted from a safety perspective. The first lesson, or pre-ride instruction, even with advanced students or riders, is the best opportunity to frame all the instruction that follows in terms of safety in a way even the most novice rider will remember and in a way even the advanced rider may not have considered. We all may say "I knew that"but we must know it so well that our unconscious survival instinct will push it to be surface when needed. Unfortunately, a set of quickly listed rules, oral or written, is soon forgotten if the rules have no logical framework. Riders will remember hem when they have hard them over and over but is that enough?How about these words following an accident, "I knew better. I have heard that all my life but just didn't think." The information had never turned into habitual practice. The following initial ground lesson is excerpted from the AAHS Instructor's Handbook of Horsemanship Safety. ° 1. The very things about the horse that cause us so much trouble are the very characteristics that have kept the horse in existence for thousands of years. His instincts protected his ancestors and kept them from being eaten, so they could live long enough to reproduce offspring, including the horse your student is about to mount. 2.No matter how good the trainer or rider is, we cannot teach the horse not to be a horse. The instincts are imbedded genetically and are always there. 3. When the horse is under mental or physical pressure,his instincts take over and tht training goes out the window. 4. What are those instincts?They are characteristics that have kept the horse from being eaten by predators. The short answer is to fight or flee,but that is too simplistic. 5. Man the supreme predator-must separate himself somehow from the lions,tigers and bears when dealing with horses. 6. Predators must bring a horse down quickly if they are to have dinner. They can go to the neck and slice the jugular vein and carotid artery;they can cut the hamstring above the hock; they can cut the band on top of the neck that holds the neck up; and, if it's a group of predators, one can grab the nose and the rest can bring the horse down. 7. So, we don't approach a horse from behind, or the neck or the nose(head). The wolf that tried to bring a horse down by biting his shoulder would be squashed. We approach the shoulder, which tells the horse we mean no harm. 8. Predators must sneak up on a horse to be successful, so we must announce our arrival. We speak to the horse and wait until he acknowledges us by looking at us or turning his ears to us. Then we walk normally to his shoulder and stroke him. 9. The horse's keen sense of hearing have protected him for thousands of years. His eyes on the side of his head allow him to see almost all the way around himself. He cannot see directly behind or immediately in front of himself, which is why horses are such poor typists. So we want to stay where he can see us. We whistle when coming through a door or around a corner in the barn area to announce to all horses that we are approaching. 10. All animals with skulls protecting their brains are protective of their heads. We don't like to have someone come up and put their hands on our faces without permission, and neither does a horse. How often do we see someone reach out and touch a horse first on the face?Not a good idea. 11. Horses have stayed alive for many generations by reacting quickly to surprises - run or get away first to a safe distance,then turn and look. Don't look first or you might not have time to run. Suppose old Dobbin falls asleep during grooming,you step away to visit, and then go back to grooming. That touch to a dozing horse may trigger the instinct. Keep the horse awake. If you step away, talk to him and announce your presence before touching him again. 12. The horse has his own space. It is a circle about 12 to 15 feet around him. This is the area he can either defend or still have time to get away if here is an opening. Consider the wise old ranch horse in the pasture: you get to within 15 feet of him with your halter, he takes a step, you take a step. He knows you aren't going to catch him if he can maintain his distance from you. He will not allow a predator within that space. So, don't act like a predator. 13. Not acting like a predator is easy. Just make sure the horse knows who you are,where you are and what you are going to do. To the horse,this means you approach him talking to him, you stay where he can see you, and you make it clear that you aren't going to hurt or eat him by making no sudden moves. Example: we run a hand down the leg of the hoof we wish to clean, we don't just grab the foot. 14. Caution must be exercised in the barn or saddling area. In most barns, the aisle is not wide enough to allow students to pass the horses without entering their space- so we approach each horse individually at the shoulder after they have acknowledged us with a look or an ear; then we keep a hand on them as we go by. 15. It is important to know where not to be when the instincts kick in. If we go under the lead rope, the horse can smash a face while stomping a fly. Or worse, if he spooks forward, we will be stomped. If he is tied to a solid wall,we may be squashed. When leading,whether you turn the horse toward you or away, the main thing(and this is really important with small children) is to stay out from in front of the horse's front feet. 16. When you are behind the horse, closer is better. When going behind a horse, if you are up close and he hicks, you won't get the full force - farther back you may get kicked with the power that can move the horse forward at 30 miles per hour. So keep your hand on the horse, let your arm pass to the other side before your body does. We like to have our shoulder touching the tail as we go by. If he is going to kick,he will probably do it when only your arm is touching his rump;he won't wait for your body. The fact that you have touched him all the way from his shoulder to his rump is good insurance that he probably won't kick. He knows who you are, certainly where you are, and you don't seem to have plans to eat him. 17. If students understand that it is quite a miracle that a horse lets the supreme predator ride on his back,they will have more respect for the horse. Horses can identify predators - they know wolves are dangerous and cows are not even if they have not had experience with either. Our vegetarian friends say this is due to meat odor on the body. Meat eaters smell different. The equine ancestors who reacted quickly to the smell of a meat eater lived longer and it is their descendants we ride today. City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 16,2003 1:30 P.M. AGENDA CALL TO ORDER Invocation Pledge Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 3-4/Consent Agenda Consent Agenda GENERAL BUSINESS I Consider approving an ordinance canvassing the Special City Charter Amendment Election held September 13, 2003 2. Consider approving a request for a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District at 1384 Euclid Avenue 3. Consider approving a contract for the purchase of passenger and light truck tires 4. Consider amending Chapter 20 of the Code of Ordinances to add a new Section 20-12 to adopt a fee for nonresident usage of the Sterling Pruitt Activity Center WORKSESSION Discuss a proposal for the lease of the Tyrrell Park Stable Facility COMMENTS Councilmembers/City Manager comment on various matters Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Lora Jackson Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. 1 September 16,2003 Consider approving an ordinance canvassing the Special City Charter Amendment Election held September 13, 2003 Cit y of Beaumont • Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Susan Henderson, City Clerk MEETING DATE: September 16, 2003 AGENDA MEMO DATE: September 11, 2003 REQUESTED ACTION: Council approve an ordinance canvassing the Special City Charter Amendment Election held September 13, 2003 RECOMMENDATION Council canvass the results of the September 13, 2003 election of the City Charter Propositions. BACKGROUND Article IV, Section 2, of the City Charter requires that within five days after an election,the Council shall meet and canvass the returns and officially declare the results. This ordinance will canvass the results of the September 13, 2003 election of the City Charter Propositions. BUDGETARY IMPACT None. PREVIOUS ACTION The election was ordered by Ordinance No. 03-053 on July 22, 2003. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Clerk RECOMMENDED ACTION Approve/Deny an ordinance canvassing the September 13, 2003 Special City Charter Amendment Election. ORDINANCE NO. AN ORDINANCE CANVASSING THE RETURNS OF THE SPECIAL CITY CHARTER AMENDMENT ELECTION HELD IN THE CITY OF BEAUMONT ON THE 13TH DAY OF SEPTEMBER 2003, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY CERTAIN PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF THE CITY; AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Council of the City of Beaumont, in session, duly called the Special City Charter Amendment Election to be held on September 13,2003,and the election returns of the ballots cast in said election were canvassed for the following measures: City Charter Propositions Nos. 1, 2, 3, 4, 5, 65 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19. WHEREAS, after duly canvassing said returns,the City Council finds that the votes cast at said election for the City Charter Propositions are as follows: CITY PROPOSITION FOR AGAINST NO. NO. 1 NO. 2 NO. 3 NO. 4 NO. 5 NO. 6 NO. 7 NO. 8 NO. 9 NO. 10 NO. 11 NO. 12 NO. 13 NO. 14 NO. 15 NO. 16 NO. 17 NO. 18 NO. 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the results of said regular City election be and the same are hereby declared to have been as herein set out, and Charter Proposition No. 1 (Remaining draft to be completed after election) Section 2. The City Council of the City of Beaumont further finds that notice of said election was duly and properly given as required by law, and that said election was duly held and returns thereof were duly made by the proper officials of said election and in all things according to law. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular person, or to a particular set of circumstances, should for any reason be held invalid, such invalidity shall in no way affect the remaining portions of this ordinance and to such end, the various portions and provision of this ordinance are declared to be severable. PASSED, APPROVED AND ADOPTED by the City Council of the City of Beaumont, this the 16"' day of September 2003. Mayor Evelyn M. Lord 2 September 16,2003 Consider approving a request for a specific use permit to allow a church in an RS(Residential Single Family Dwelling) District at 1384 Euclid Avenue City of Beaumont 7LJ 71J Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson,Planning Manager MEETING DATE: September 16, 2003 AGENDA MEMO DATE: September 9, 2003 REQUESTED ACTION: Council consider a request for a specific use permit to allow a church in an RS(Residential Single Family Dwelling)District at 13 84 Euclid Avenue with a modification to the screening/landscaping requirements along the east and west sides of the subject property. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a church in an RS (Residential Single Family Dwelling)District at 1384 Euclid Avenue subject to: 1. Providing the necessary parking. 2. Constructing an 8' tall wood screening fence along the east and west property lines, running from the rear property line to the front edge of the house and waiving the 10' wide landscape strip requirement. 3. Allowing only one 24" x 36" sign in the front yard. BACKGROUND Elaine Petry, the property owner, is requesting a specific use permit to allow church services to be conducted in her home at 1384 Euclid. Ms.Petry states that Sunday school would be held at 10 a.m.and church services would be conducted at 11 a.m. and 7:30 p.m. on Sundays and at 7 p.m. on Wednesdays and Fridays. She would hold the services in her living and dining rooms for no more than 25 people. Ms. Petry proposes putting two signs in her front yard-one 24" x 36" and one 18" x 24". The lot is 50'x 145'. There is an existing driveway on the west side of the house. Behind the house is a 68'deep backyard. In that backyard are an 8' x 10' storage building and two small trailers. The Zoning Ordinance requires 8 parking spaces for this residence/church. There is adequate room in the back yard for the necessary parking, provided the aforementioned storage building and trailers are moved or removed. Ms. Petry stated at the public hearing that she would prefer to keep the buildings in the backyard and that she would talk with Lamar Bank to get permission to use nine spaces in their parking lot to meet her parking requirements. With moving the two trailers,the Traffic Manager has approved a parking layout in the back yard. Since the public hearing, Ms. Petry has informed the Planning Manager that she would prefer not installing the 8'wood screening fence along the east and west sides of the property. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing held August 18, 2003,the Planning Commission voted 8:0 to approve a request for a specific use permit to allow a church in an RS District at 1384 Euclid Avenue subject to: 1. Providing the necessary parking. 2. Constructing an 8'tall wood screening fence along the east and west property lines, running from the rear property line to the front edge of the house and waiving the 10' wide landscape strip requirement. 3. Allowing only one 24" x 36" sign in the front yard. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT LOCATED AT 1384 EUCLID AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Elaine Petry to allow a church in an RS (Residential Single Family Dwelling) District located at 1384 Euclid Avenue, being Lot 25, Block 14, Arlington Addition, City of Beaumont, Jefferson County, Texas, containing 0.17 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a church in an RS (Residential Single Family Dwelling) District located at 1384 Euclid Avenue, being Lot 25, Block 14,Arlington Addition, City of Beaumont, Jefferson County, Texas, containing 0.17 acres, more or less, as shown on Exhibit"A"attached hereto, is hereby granted to Elaine Petry, her legal representatives, successors and assigns, subject to the following conditions: 1. Providing the necessary parking. 2. Constructing an 8'tall wood screening fence along the east and west property lines, running from the rear property line to the front edge of the house and waiving the 10' wide landscape strip requirement. 3. Allowing only one 24" x 36" sign in the front yard. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of September, 2003. - Mayor Evelyn M. Lord - 9 � NORTH FILE 1682-P: Request for a specific use permit to allow a church in an RS s (Residential Single Family Dwelling) District. - A Location: 1384 Euclid SCALE Applicant: Elaine Petry V=200' ♦ AV I �� ! ) H 94 At • ,� s s ` • � ' 13 �' r j ° xa. app• ! ,` .,+ • ' • • ./�►31�MfT0A io` +� /3� WASN�NGTON � +a. • • �i 1 ` l 1 1 r �1es , ts � a ; 1 so , l /•' a , ~ � ra sp / ts`'.,+• '� 1 k r � 4 l 13 • CG �uG�f0 ; •9t• , s • O • 1 V � aO EUCUD AVE. sa 30 • 1 v r eo Ser- I s 3 HARMOT v �+ m! ,! 4 d,,o:c,., Alm j to I LOA lu sI I ALMA ei l 0L L - - - I'!E: �} 62 ;' x •s' THREADNEEDLE }D Y !O yp,: :r - s EXHIBIT 'W$ +( <,9�x'• 2 L7 Lod" s, z fl , kL J y K�0 x y AVaoM n X Q ,boa N1 X 1� °� EXHIBIT "B" 3 September 16,2003 Consider approving a contract for the purchase of passenger and light truck tires ...... Cat of Beaumont y Council Agenda Item � O g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: September 16, 2003 AGENDA MEMO DATE: September 9, 2003 REQUESTED ACTION: Council approval of an annual contract for the purchase of passenger and light truck tires. RECOMMENDATION Administration recommends award of an annual contract to Gray's Wholesale Tire Distributors, Inc., for purchasing passenger and light truck tires at the unit costs reflected in the attached bid tabulation, with an estimated total expenditure of$70,531.65. BACKGROUND Bids were requested for an annual contract for passenger and light truck tires for use by the Fleet Management Division to maintain city-owned vehicles. Eight (8) vendors were notified with two (2) responding with bids. The low bidder, Gray's Wholesale Tire Distributors,Inc., has corporate offices in Fort Worth, but maintains a warehouse facility in Houston which enables the company to meet delivery requirements. The company has been awarded the tire contract for the past two (2) years. All tires furnished under the contract are guaranteed against workmanship and material defects for the period regularly offered by the manufacturer for each particular tire. Should a tire become unserviceable in normal use within the stated period, the contractor shall furnish a new tire of like model on a pro-rata basis, the City paying only for the service obtained. All tires have a minimum Uniform Tire Quality Guaranty (UTQG) of 360, which equates to a tire life of approximately 50,000 miles with proper maintenance. None of the tires quoted by the awarded vendor have been included in any recall by the manufacturer, and the City has previously used each of the tire types specified without any undue rate of failure. Annual Contract for Passenger and Light Truck Automotive Tires September 9, 2003 Page 2 The contract provides for the vendor to furnish approximately 1,332 assorted tires at the fixed unit prices as highlighted in the attached bid tabulation. BUDGETARY IMPACT Funds are available for this expenditure in the Fleet Management Division's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. Bid Tabulation-Contract for Passenger and Light Truck Automotive Tires Bid Number: RF0503-39 Bid Opening Date:8/14/03 N Gray's Wholesale Tire White Tire Supply, Inc. ddress: 201 N. Rupert Street 1000 Liberty ity/State Fort Worth,Texas 76107 Beaumont,Texas 77704 ontact Name Bobby Harms Jerry White hone Number: 80.0 792-8.749 (409)832-3456 ESTIMATED TIRE SIZE UNIT TOTAL UNIT TOTAL QUANTITY COST COST COST COST 16 P195 x 65R x 15 $28.00 $448.00 $32.55 $520.80 76 P205 x 65R x 15 $26.00 $1,976.00 $21.90 $1,664.40 14 P215 x 60R x 16 $37.00 $518,00 $37.42 $523.88 32 P215 x 75R x 17.5 $118.00 $3,776.00' $132.00 $4,224.00 19 P215 x 75R x 15 $28.20 $535.80: $31.80 $604.20 11 P215 x 70R x 15 $27.30 $300.30' $29.80 $327.80 69 LT215 x 85R x 16 $86.25 $5,961.25' $92.14 $6,357.66 24 ST225 x 75R x 15 $45.00 $1,080.00 $60.00 $1,440.00 28 LT225 x 70R x 15 $44.00 $1,232.00' $41.05 $1,149.40 14 LT225 x 70R x 19.5 $135.00 $1,890.00 $130.00 $1,820.00 14 LT225 x 70R x 19.5 $125.00 $1,750.00; $150.00 $2,100.00 23 LT225 x 75R x 16 53.45 $1,229.36 $57.45 $1,321.35 41 LT225 x 75R x 16 $53.50 $2,193.50 $57.57 $2,360.37 23 P225 x 75R x15 $30.10 $692.30' $38.55 $886.65 38 P225 x 70R x 15 $33.00 $1,264.00 $1,396.50 495 P225 x 60R x 16 $44.00 $21,780.00+ $47.80 $23,661.00 16 LT235 x 85R x 16M/T $59.00 $944.00 $63.07 $1,009.12 16 LT235 x 85R x 16 $57.80 $924:80' $62.10 $993.60 45 LT235 x 85R x 16AT $58.75 $2,643.75 $63.25 $2,846.25 37 P235 x 75R x 16AT $43.50 $1,609.50` $108.80 $4,025.60 59 LT235 x 85R x 16 $94.00 $5,546.000 $99.20 $5,852.80 24 LT235 x 75R x 15 $48.90 $1,173.60 $53.57 $1,285.68 29 P235 x 70R x 15 $45.00 $1,305.00' $49.45 $1,434.05 17 LT245 x 75R x 16 $65.00 $1,105.00 $59.85 $1,017.45 10 30 x 9.5R x 15MT $56.50 $565.00' $60.84 $608.40 65 LT245 x 75R x 16 $55.50 $3,607.60 $59.85 $3,890.25 67 LT245 x 75R x 16AT $58.00 $3,886.00 $61.20 $4,1 00.40 10 LT265 x 75R x 16 $61.50 $615.00' $65.30 $653.00 �_ Total Bid Amount $70,531.65' $78,074.61 4 September 16, 2003 Consider amending Chapter 20 of the Code of Ordinances to add a new Section 20-12 to adopt a fee for nonresident usage of the Sterling Pruitt Activity Center Cat of Beaumont JU72j- Y Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Maurine Gray, Director of Community Services MEETING DATE: September 16, 2003 AGENDA MEMO DATE: September 12, 2003 REQUESTED ACTION: Council adopt an ordinance amending Chapter 20 of the Code of Ordinances to add a new Section 20-12 to adopt a fee for nonresident usage of the Sterling Pruitt Activity Center. RECOMMENDATION Administration recommends that a fee of$5.00 per usage be charged for nonresident usage of the Sterling Pruitt Activity Center and that a nonresident fee of$10.00 per month be charged for children under the age of 18 years. BACKGROUND Citizens of Beaumont should have the first priority for usage of the Sterling Pruitt Activity Center. A Photo Identification Card will be requested for each user to verify their home address. Fees charged by other physical fitness facilities for nonmembers are as follows: Workout Studio and Ms. Workout Studio - $9.00 a visit;World Gym- $10.00 a visit;and Melton YMCA- $10.00 a visit. BUDGETARY IMPACT The City should see a minimal increase in income from these new fees. PREVIOUS ACTION None SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Director of Community Services, and Recreation Superintendent. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADD A NEW SECTION 20-12 REQUIRING A FEE FOR NON-RESIDENT USAGE OF THE STERLING PRUITT ACTIVITY CENTER; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 20 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to add a new Section 20-12 to read as follows: Sec. 20-12. Sterling Pruitt Activity Center. Non-residents of the City of Beaumont over the age of eighteen (18)years shall be charged a fee of Five Dollars ($5.00) per usage for the use of the Sterling Pruitt Activity Center. Those under the age of eighteen (18) wishing to use the Sterling Pruitt Activity Center may obtain a card authorizing the usage of the Center for a month or a part of a month upon the payment of a Ten Dollar($10.00) fee. Those wishing to use the Sterling Pruitt Activity Center will be required to provide a photo identification card to verify their resident or non-resident status. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of September, 2003. - Mayor Evelyn M. Lord - City of- Beaunwnt REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS. SEPTEMBER 16, 2003 1:30 P.M. CONSENT AGENDA Approval of minutes Confirmation of committee appointments A) Authorize a release of weed liens against property which is described as Lot 5, Block L, Pennock&Potts Addition B) Approve a resolution to allow Hibernia National Bank to pledge a security as collateral for City accounts A City of Beaumont t79 Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: September 16, 2003 AGENDA MEMO DATE: September 10, 2003 REQUESTED ACTION: Council consider a resolution authorizing a release of weed liens against property which is described as Lot 5, Block L, Pennock&Potts Addition. RECOMMENDATION The administration requests approval of a resolution authorizing a release of weed liens against property which is described as Lot 5, Block L, Pennock&Potts Addition. BACKGROUND The property described above currently has twelve (12) weed liens totaling $3,737.54 which represents $1745.00 in principal and $1,992.54 in interest and fees. The property has an assessed value of$1,440.00 and there is also approximately$1,800.00 in delinquent ad valorem taxes which are owing. Mr. Carl W. Flowers currently owns the property but plans to transfer the deed of trust to Mr. John Guillory who owns the property next door. In exchange,Mr. Guillory agrees to assume the property tax liability and maintain the property in the future. He plans to build a home on this property and due to the size ofthe home,building code restrictions make it necessary to acquire Lot 5 in order to build on Lot 6. Mr. Flowers has requested that all charges be waived and that the liens which are dated 1981 to 1990 be released to provide an unencumbered title to the property. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Finance Officer. B City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kandy Daniel, Treasurer MEETING DATE: September 16, 2003 AGENDA MEMO DATE: September 10, 2003 REQUESTED ACTION: Council consider a resolution to allow Hibernia National Bank to pledge the following security as collateral for City accounts which is held at the Federal Reserve Bank, effective September 16, 2003. Cusip No- Face Value Market Value PLEDGE: 31385XMU8 FNMA, 3.88%, Due 08/01/33 $ 800,000.00 $ 798,500.00 RECOMMENDATION The administration requests approval of a resolution to pledge the above listed security covering City deposits at Hibernia National Bank. BACKGROUND The City of Beaumont maintained uncollected ledger balances at Hibernia National Bank in the amount of$1,652,723.26 on September 8,2003. After pledging the above security,the market value of pledged collateral totals$5,195,846.01 and along with FDIC coverage is sufficient to collateralize current deposits as well as any deposits anticipated in the near future. BUDGETARY IMPACT None. PREVIOUS ACTION Council approved a substitution of collateral by Hibernia National Bank on July 1, 2003. SUBSEQUENT ACTION Subsequent Council action will be requested to pledge or release additional collateral when appropriate. RECOMMENDED BY Finance Officer and Treasurer. WORK SESSION * Discuss a proposal for the lease of the Tyrrell Park Stable Facility INTER OFFICE MEMORANDUM City of Beaumont,Texas Central Services Dement Date: September 11, 2003 To: Kyle Hayes, City Manager From: Kirby Richard, Central Services Director fvV Subject: Tyrrell Park Stables COMMENTS During July 2002, the City requested proposals for the lease of the Tyrrell Park stable facility. Proposals were requested after the lease agreement with Jeff Hughes was terminated because of his inability to satisfy his creditors. At that time, only one proposal was received, but was rejected by City staff. It was decided that the proposal was not in the best interest of the City. Since the proposals were requested,a number of individuals have inquired about the facility but none were interested unless the City would spend additional funds for improvements, such as a covered riding arena and more indoor horse stalls. The individuals were not willing to amortize the funds required to make such improvements over the term of the lease period. However, in the last month two parties expressed interest in leasing the Tyrrell Park stable facility from the City to establish an equestrian business. A committee consisting of the Parks Manager, Purchasing Manager, Finance Officer and myself reviewed their proposals and interviewed the potential tenants. The committee agreed that the proposal submitted by Bryan and Bridgette Markland provides for the best use of the facility and should be considered for acceptance. The Marklands are proposing a five(5)year lease agreement, with an option for an additional five (5) year term for the equestrian facility. They plan to provide horse rentals, boarding and riding lessons for the public. Summer riding camps,riding parties and play days are also planned. Future plans include construction of a covered round riding pen for inclement weather and reconfiguring of the stable stalls to allow for a better environment for the horses. Most of the proposed contract requirements are the same as those approved when the City entered into an agreement with Jeff Hughes, including the insurance requirements. Because there are Tyrrell Park Stables September 11, 2003 Page 2 significant expenses associated with the start-up of a new business,the Marklands have proposed that a rental fee of$500 per month not commence until the seventh(7h)month of agreement. In addition to the monthly rental fee,they agree to pay the City 5%of gross receipts collected after the twelfth (12th)month. The City would still be responsible for maintaining the structural integrity of the facilities and providing grounds maintenance. After the first year, the Marklands will be responsible for mowing and grounds maintenance. Minor improvements and general maintenance are to be provided by the tenants. The house at the facility would be used as the Marklands' residence. A copy of their proposal and business plan is provided for your review. According to the Marklands'biography,both were raised in California and have been associated with horses all of their lives. They live in Beaumont where Bryan is a 14-year member of the United States Coast Guard and wife Bridget teaches general horsemanship and horse care at two local facilities. Although they have not owned an equestrian business previously, they do have many years of experience in trail rides, equine care and advanced riding instructions. As you will recall, Mr. Hughes spent in excess of$100,000 renovating the caretaker's house and barn.Later,the City agreed to pay approximately$29,800 to settle claims filed by local contractors for improvements at the stables that Hughes never paid. In addition, City staff spent more than $15,000 to complete the facility's remodeling. Since the work was completed over a year ago,the stable facility has been vacant. In my opinion,the Marklands' proposal represents a legitimate opportunity for the City to lease the facility to capable individuals. They have expressed a genuine desire to serve this community by providing a safe and enjoyable recreational activity for this community. If the City wants to promote the equestrian activities and facilities at the Tyrrell Park, then consideration should be given to the Marklands' proposal. If favorable consideration is received, an agreement will be finalized for City Council approval. If you require any additional information, please call, i ety - + AT TYP"RELL PA R ak a ^ n.J` ,y_w �„ .3 AtmpYy..4 Business Plan Tyrrell Park Stable's Best Opportunity Equine activities at Tyrrell Park Stables will include any or all of the following: Trail Riding: Rental horses will be available for scheduled trail rides on Stable property and horse trails connecting to Stable property. All rental horses will be accompanied/escorted by a Stable wrangler. Rental horses available for$20 per hour. Individuals and groups may also ride the trails on non-rental horses after check-in/approval from Stable. If desired, guide may be available for fee to riders unfamiliar with area. Annual $5 administrative fee per horse and proof of negative Coggins will be required for all equine using horse trails. This will help to lessen the risk of exposure and provide a safer riding experience for all. Signed release of liability and understanding of trail rules will be required prior to use. Poker Ride: Trail ride activity with the added fun of gathering cards to make a poker hand at the end of the ride. Prizes and gifts are awarded to best hands at end of ride. Rental horses or privately owned horses may be used. $5 per hand. Must be 18 years old to purchase poker hand. Signed release of liability and understanding of trail rules will be required prior to use. Play Day: Usually on weekends. Includes various events such as Clover Leaf Barrel Race, Egg Race, Pole Bending, Barrels, & Speed Barrel. Most events are judged on accuracy and speed. Privately owned horses only. Signed release of liability and understanding of event rules will be required prior to entry. Some of the above events may be done in concert with local charities. Horsemanship Lessons: Classes are (2) hour basic instructional lessons on general knowledge and care of horses and riding skills. Typically on stable horses, but may be on well-behaved student horse if desired. -$400 for (8) week session; (2) classes per week. Limit (10) students per class. Signed release of liability and understanding of rules will be required prior to lessons. Western Pleasure Lessons: Classes are (1) hour instructional lessons on specific riding style and skill. Typically w/ own horse, but stable horses may be used. $320 for(8)week session; (2) classes per week. Limit (15) students per class. Signed release of liability and understanding of trail rules will be required prior to use. Signed release of liability and understanding of rules will be required prior to lessons. Gymkanna: Classes are (1) hour instructional lessons on Clover Leaf Barrels and Poles. Best w/ own horse, but stable horses may be used. Student must be at intermediate riding level or better, prior to start of lessons; rider will be evaluated prior to lesson. $320 for(8)week session; (2) classes per week. Limit (5) students per class. Signed release of liability and understanding of rules will be required prior to lessons. Boarding: Stall and Turn out. Grain and Hay twice a day. Rotational worming every six weeks included. Additional supplements must be provided by owner. Donning and doffing of blankets and fly mask (both provided by owner) included. $275.00 per month. Ferrier service will be available every six weeks and at owner's expense. Yearly examination (required), vaccinations (required), Coggins (required), and any additional vet care, if needed, will be at owner's expense. Exercising and grooming also available, $20.00 per hour (qualified stable employee). Signed release of liability and understanding of rules will be required prior to boarding. Boarding: Pasture. Grain twice per day and rotational worming every six weeks included. $200 per month. Ferrier service will be available every six weeks and at owner's expense. Yearly examination (required), vaccinations (required), Coggins (required), and any additional vet care, if needed, will be at owner's expense. Exercising and grooming also available, $20.00 per hour(qualified stable employee). Signed release of liability and understanding of rules will be required prior to boarding. Stud Service: Provided at market value. Mare care, $12/day. Foaling: Per individual agreement w/customer. Conditioning: Show preparation. Daily riding/exercising and neck sweating (as required). $500 per month. Boarding included. Birthday Parties: Includes (1) one hour trail ride. Air-conditioned party area available. Table and chairs, grill, refrigerator and freezer available. Food, drinks, cake, ice-cream, decorations provided by customer. (2) hours. $100. Signed release of liability and understanding of trail rules wi II be required prior to use. Company Picnics: Includes(2)one hour trail rides. 4 hours. $200. Table and chairs, grill, refrigerator and freezer available. Food, drinks, cake, ice- 2 cream, decorations provided by customer. Signed release of liability and understanding of trail rules will be required prior to use. Slumber Parties: Includes (1) one hour evening trail ride and (1 ) one hour morning trail ride. Limited to number of horses available. Table and chairs, grill, refrigerator and freezer available. Food, drinks, cake, ice- cream, decorations provided by customer. All slumber guests must bring sleeping bags, pillows, etc. Adult must remain with, and be responsible for slumber guests overnight. A qualified wrangler will escort all trail rides. Signed release of liability and understanding of trail rules wi II be required prior to use. Summer Riding Camps: Program to be developed. General Rules and Guidelines: Riders will be required to check-in with stables to ride on trails and vicinity, regardless of horse/equipment ownership or status of rider. This will enable a reasonable amount of control for the safety of all riders and the health of the horses (i.e. neg. Coggins, other vaccinations, sickly, intoxicated riders, etc.). Insurance: Being applied for IAW lease agreement. Liability IAW Texas law: To be posted conspicuously at Stable and printed on all forms and releases: "WARNING: UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE), AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES." Future plans: Install (80) foot covered round pen. Open tum-outs of rear stable stalls to allow for better environment for horses. 3 Marketing: Local radio, newspapers, local organizations, etc. Local Dept of Agriculture office has been contacted to begin networking with local 4-H clubs. Intend to work with local Boy Scout & Girl Scout troops to encourage participation. It is noted that media exposure at grand opening may be significant and at minimal cost. Upon signing of lease agreement, local radio stations will be contacted regarding advertising partnerships (i.e. exchange of radio ads for various stable services). Information contained in this proposal is considered proprietary information for the review and consideration by the City of Beaumont for proposed plans and marketing of Tyrrell Park Stables. Submitted by: Bryan & Bridget Markland 4750 Chadwick Dr Beaumont, TX 77706 h: (409)898-0582 cell: (909)515-8524 4 State of Texas § County of Jefferson § Lease Agreement THIS AGREEMENT is made and entered into this day by and between the City of Beaumont, a municipal corporation of the State of Texas(herein referred to as "City")and Bryan & Bridget Markland (herein referred to as "Tenant'), for the lease of property within Tyrrell Park in Beaumont, Texas and being described in Exhibit"A"attached (herein referred to as "Property"). WHEREAS, City has right, title and interest in and to the facilities and privileges hereinafter granted, and has full power and authority to enter into this Agreement in respect thereof; and WHEREAS, Tenant wishes to lease Property for an equestrian oriented operation for the benefit of the citizens of Beaumont and Southeast Texas. NOW, THEREFORE, in consideration of the mutual covenants and considerations herein contained, City lets and demises to Tenant and Tenant takes from City the Property and all described rights incident thereto, subject to the following: Article 1 TERM OF AGREEMENT 1.1_ The primary term of this agreement shall be five (5) years, commencing on September V, 2003 and shall terminate on August 31St, 2008 , if not sooner terminated as herein provided. 1.2 Upon expiration of the primary term, the City Manager or his designee may extend this Agreement for an additional five (5) year period. The terms.and-conditions of the extended term must be agreed upon in writing by both parties within sixty(60) days prior to the Agreements termination. 1.3 If Tenant holds over and continues in possession of Property after the expiration of the term of this lease, or any extension of that term, Tenant will be deemed to be occupying the Property on the basis of a month-to-month tenancy, subject to all of the terms and conditions of this lease. 1.4 Tenant agrees that upon expiration of the primary term or any extension of this -1- Agreement or sooner cancellation thereof, the Property will be delivered to City in good condition, reasonable wear and tear excepted. Article 2 RENTAL, FEES AND PAYMENT 2.1 Tenant shall keep and maintain a complete and detailed accurate set of books and records of daily entry accounting for receipts related to the operation of the Property and such books and records shall be available for examination by City at any and all reasonable times. 2.2 During the primary term of this Agreement, Tenant shall make monthly rental payments to City in the amount of$ 500.00 as consideration of its interest in the lease. Tenant shall also make monthly payments to the City equal to 5% of gross receipts collected (GRC) during the previous month. Said rental payments shall commence upon the 7th month after execution of this lease agreement. Said GRC payments shall commence upon the 13th month after execution of this lease agreement. 2.3 Rental payments shall be made by Tenant on or before the fifth (5th) day of each month and shall be accompanied by a summary statement of the previous monthly gross receipts collected by Tenant. Rental fees shall be payable in advance. Failure of Tenant to make prompt and timely rental payments may be cause for contract termination. Article 3 OBJECTIVES AND PURPOSE OF AGREEMENT 3.1 For the term of the Agreement, Tenant shall be qualified, authorized and herewith designated official in possession and control of all real property known as Property and as shown in Exhibit "A". The Property will continue to be owned by the City during the term of this Agreement and any extension thereof. 3.2 Tenant shall, at his own cost and expense, operate, manage and maintain said Property in a fit and proper order, suitable for equestrian activities only. Any other uses of the Property contemplated by Tenant must receive prior written approval by the City Manager or his designee. 3.3 Tenant is an independent contractor, not an employee or agent of City and all persons employed by Tenant shall be his employees and shall not be employees of City. Tenant shall employee only qualified competent persons. Article 4 -2- OBLIGATIONS OF TENANT 4.1 Tenant shall at his own cost and expense: 4.1.1 furnish all personnel and labor necessary for the normal maintenance and operation of said Property, 4.1.2 acquire and furnish all equipment, including trailers, mowers and similar equipment and tools necessary to operate and maintain said Property. 4.1.2.1 During the initial 12 months of this contract, the City will make available, at the request of the Tenant and on reasonable frequency, either mowing services or mowing equipment adequate to be used by the Tenant for use on the Property. 4.2 Tenant shall furnish all equestrian equipment and a minimum of_6 horses,tack, feed and similar equipment and supplies necessary to operate and maintain equestrian activities and rentals. 4.2.1 It is understood that reaching this level of operation may take up to 4 months after execution of this contract due to acquisition, training, and proper preparations of horses for public use. 4.3 Property and all livestock boarded or owned by Tenant, clients or other individuals shall be maintained and kept in strict accordance with safety programs, rules, regulations and operating procedures,and any amendments thereto,established by the Texas Administrative Code, Title 4, Part 2, Chapter 48, Riding Stable Registration Program (herein referred to as "Standards") for commercial horse operation. Any horse shows, camps, clinics, horse rentals, horse and carriage rides, covered wagon rides, barn tours, pony rides, etc., offered, promoted, or sponsored by Tenant shall be conducted in strict accordance with the guidelines and safety procedures set by the Standards, or any amendments thereof. 4.4 Tenant shall obtain and maintain a certificate of registration issued by the Texas Department of Agriculture, in accordance with the Standards, prior to the start of any operations at the Property. 4.5 Tenant shall report violations of any equestrian laws,and specifically lack of proof of Coggins immunizations, to the State of Texas Animal Health Commission. 4.6 Tenant shall establish rules and regulations for horse rental and stable operations, as well as a schedule of all rental fees, horse training fees, riding lessons, camping fees, equipment and retail sales, and all other revenues to be derived from Tenant's operation of the Property and obtain written approval of the City Manager prior to the effective date thereof. Such approval will not be unreasonably withheld. -3- 4.7 Tenant shall confine all riding activities to the Property and designated riding trails; no riding is allowed on Tyrrell Park property except in the Property areas and trails encompassed by the Agreement. Exception to this is the Tenant's ability to use grass field area (as marked in Exhibit B) west of Property for overflow parking during times of special events and increased activity. Tenant may be granted use of other areas only by written approval of the City Manager or his designee. 4.8 Tenant and his customers, clients and patrons shall drive and park only in designated areas; vehicles are only permitted on grass areas of the Property for the temporary transport of supplies and equipment. 4.9 Tenant shall be responsible for the reasonable control of air borne vectors within the Property and for removing manure from Property at least once per month. Stored manure must be limed and sprayed to control flies. Use of pesticides shall be in accordance with all applicable laws and regulations. Manure shall be removed from stalls on a daily basis at minimum. Tenant shall adhere to all regulations governing its disposal. 4.10 City shall be responsible for the reasonable control of harmful or nuisance insects in riding trails area. 4.11 Tenant shall be responsible for keeping Property free of any litter, trash or debris and shall adhere to all regulations governing its disposal. 4.12 City shall be responsible for keeping riding trails area free of obstructions and suitable for use. 4.13 Tenant shall be responsible for locking the side gates at the Property and the Downs Road park entrance at dark each day. 4.14 Tenant shall obtain and maintain a license issued by the Texas Department of Health, in accordance with the State of Texas, V.T.C.A., Health and Safety Code, Chapter 141. Youth Camps, or as may be amended, prior to the start of any youth camp operations at the Property. All State Department of Health rules and orders and all other applicable laws governing youth camps must be strictly adhered to, when applicable. 4.15 Tenant agrees to conform to all policies, rules and regulations of the City, and all City ordinances, and State and Federal statutes. 4.16 Tenant shall promptly pay as it becomes due and payable, all indebtedness, obligation or other amounts owing or incurred by him under this agreement. No liens of any kind may be affixed to Property. 4.17 Tenant shall submit a report of attendance, events sponsored and participation in activities at the Property to the designated City department by the fifth (5`h) day of -4- each month. 4.18 Tenant shall be responsible for the timely payment of all utility services, including but not limited to electrical, telephone, trash disposal and water and sanitary services. 4.19 Tenant shall be responsible for routine maintenance of buildings and property, including plumbing, electrical, and air conditioning systems. City is responsible for major repair costs of plumbing, electrical, air conditioning and structural systems of house and stables only. Damages caused by Tenant, Tenants guests or by Tenants negligence shall be the responsibility of Tenant. Should damages to the Property occur or the Property requires general maintenance, which is the responsibility of the Tenant under this lease, Tenant must promptly repair such damages. Should Tenant fail to repair such damages, City shall upon ten(10)days written notice of such failure, may repair the damages and charge the cost of same to Tenant as additional rent. 4.20 Tenant shall comply with the risk reduction program standards as set forth by the North American Horsemen's Association, as shown in Exhibit"D,"for Horse Stables and Farms, Boarding, Breeding, Leasing, Sales, Training and Lessons, and Horse Rental and Trail Rides, Guides and Outfitters, Dude Ranches and Resorts, and Horse Related Camps, as may be amended, or suitable similar program agreeable to both parties. Article 5 INDEMNITY AND INSURANCE 5.1 Indemnity 5.1.1 Tenant hereby indemnifies and holds harmless the City against any and all claims, obligations, costs, judgements and attorney's fees arising from or growing out of the operation and maintenance of the Property or Stables. Such indemnity specifically includes claims, lawsuits or causes of action and alleged negligent acts and omissions of the City, its officers, agents and employees. a 5.1.2 City hereby indemnifies and holds harmless the Tenant against any and all claims, obligations, costs, judgements and attorney's fees arising from or growing out of the condition,whether known or unknown, of any property not under ownership and control of the Tenant. Such indemnity specifically includes claims, law suits or causes of action and alleged negligent acts and omissions of the Tenant, its officers, agents and employees. 5.2 Insurance -5- 5.2.1 Within ten (10) days of the execution of this Agreement and prior to commencement of any activities on the Property, Tenant shall furnish a completed Insurance Certificate to the City Clerk. The certificate shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon. City shall have no duty to pay or perform under this contract until such certificate is received by the City, and no officer or employee or the City shall have authority to waive this requirement. 5.2.2 Subject to Tenant's right to maintain reasonable deductibles in such amou nts as are approved by the City, Tenant shall obtain and maintain in full force and effect for the duration of this Agreement, and any extension thereof, at Tenant's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s)and amounts: 5.2.2.1 Workers' Compensation and Employer's Liability - Statutory Amount. 5.2.2.2 Commercial General (Public) Liability - Combined single limit for bodily injury and property damage of $1,000,000 per occurrence or its equivalent with an aggregate limit of $2,000,000. Including coverage for the following: 5.2.2.2.1 Premises operations, 5.2.2.2.2 Independent contractors Products/Completed operations, 5.2.2.2.3 Personal injury, 5.2.2.2.4 Contractual liability, 5.2.2.3 Comprehensive Automobile Liability - for vehicles used by Tenant in his operations hereunder- Combined single limit for bodily injury and property damage of $1,000,000 per occurrence or equivalent. 5.2.2.4 Fire and Extended Coverage - Tenant shall provide fire and extended coverage insurance on the Property showing the City as insured. Tenant shall provide City with a certifio ate for such insurance and Tenant shall maintain such insurance and pay the premium for such during the term of this agreement and any extension thereof. Proceeds of such issuance shall be paid to the City. 5.2.3 Tenant agrees with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: -6- 5.2.3.1 Name the City of Beaumont and its officers, employees, and elected representatives as additional insured(s), as the interest of each insured may appear, to all applicable coverage. 5.2.3.2 Provide 15 days notice to City for cancellation, non-renewal, or material change. 5.2.3.3 Tenant agrees to waive subrogation against the City, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance. 5.2.3.4 Provide that all provisions of this Agreement concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. 5.2.4 Should the Property be damaged or destroyed by fire or other casualty, the decision to reconstruct the facility shall be that of the City Manager or his designee, under consult with the tenant. 5.2.5 Should the Property, or any portion of such Property, be destroyed or rendered unusable to such an extent that all or part of the business of the Tenant cannot continue and should the City, under consult with the Tenant, decide to rebuild the destroyed portion of such Property such that the Tenant can continue in business,then, in that event,this lease shall be extended for a period of time equal to the period of time that the Tenant is not able to operate its business under this lease and the Tenant shall be relieved of all rental payments during such time period. Article 6 TERMINATION 6.1 Termination by City 6.1.1 In the event that the City determines, in its judgement, that any one or more of the provisions of this contract are being breached or violated by Tenant, it shall notify Tenant thereof in writing, therein setting forth such breach or violation and a sufficient time for correction. In the event Tenant fails to correct such breach or violation in the time allowed, such failure shall, at the sole option of the City, serve to terminate this Agreement after thirty (30) days written notice. Such termination of the Agreement by City shall not deprive it of its lawful rights and pursuits to recover any and all amounts owing to it by Tenant up to and including the date of such termination. -7- 6.1.2 Upon termination of this Agreement, City shall have the right of reentry and may remove all persons and property from the premises and may store such property at a public warehouse or elsewhere at the expense of, and for the account of Tenant. Any and all permanent improvements made by Tenant to Property become the property of City. 6.2 Termination by Tenant 6.2.1 Tenant shall have the right to terminate this Agreement upon ninety (90) days written notice of its election to do so. Should Tenant terminate this Agreement, any and all permanent improvements made by Tenant to Property become the property of City. Article 7 IMPROVEMENTS TO PROPERTY 7.1 Improvements by Tenant 7.1.1 Tenant may make improvements to the Property. All improvements by Tenant must have the prior written approval of the City Manager or his designee. 7.1.2 All Improvements to Property must be in accordance with City, State and Federal laws, regulations and codes applicable to the construction, renovation and improvement of the structures and grounds. Due to the public nature of Property, State regulations set forth by the Texas Department of Licensing and Regulations applicable to Architectural Barriers must be followed. Prior to commencement of Improvements to public areas, approval of the plans and specifications must be received by the Texas Department of Licensing and Regulations and City. 7.1.3 Tenant is solely responsible for all payments, claims and costs associated with Improvements unless otherwise provided for in this agreement or agreed to in writing by both parties. o 7.2 Improvements by City 7.2.1 The City may, at its own cost and expense, make capital improvements to the Property, subject to the appropriation of City funds. The City shall consult with Tenant prior to making said capital improvements. 7.3 Upon termination of this Agreement, or any extension thereof, all permanent improvements to Property shall become the property of the City. -8- 7.4 Should Improvements to the Property be damaged or destroyed by fire or other casualty, the decision to reconstruct the facility shall be that of the City Manager or his designee, under consult with the tenant. Article 8 GENERAL PROVISIONS 8.1 The services called for herein shall be performed by Tenant as an independent contractor, and City shall not be liable for the manner of discharge of such services. 8.2 Tenant shall be an independent contractor, not an employee of the City, and all persons employed/contracted by Tenant shall be his employees/contractors and shall not be employees/contractors of the City. 8.3 This Agreement shall not be transferred or assigned to any party, in any manner whatsoever, by Tenant without the prior written approval of the City Manager or his designee. City's requirements and expectations of transferee will be similar to this Agreement, and amendments. It is expected that Tenant will receive fair and reasonable compensation for livestock, equipment, and business valuation from transferee in an amount agreed upon by Tenant, transferee, and City prior to transfer. 8.4 No waiver by either party of a breach by the other shall be construed or held to be a waiver by such party of any succeeding breach by the other party of the same or any covenant, condition, or restriction herein contained. 8.5 Where changes to activities or areas included in this Agreement are made, such modifications must be in writing and signed by-both parties. 8.6 If any term or provision of this Agreement shall, to any extent, be invalid or unenforceable, the remainder of this lease shall not be affected thereby and each other term and provision of this lease shall be valid and be enforced to the fullest extent permitted by law. 8.7 With respect to the Property, Tenant assures that it will ensure that no person shall on the grounds of race, creed, color, sex, disability or-national origin be excluded from participating in any employment activity. Tenant assures that no person shall be excluded on these grounds from participation in or receiving the services or benefits of any program or activity covered by this Agreement. 8.8 Nothing in this agreement shall limit the Tenant's ability and sole discretion to deny use or access to individuals who are unable or unwilling to follow established guidelines, rules, or directions, or who disrupt normal operations. 8.8 Any written notice to be given hereunder by either party to the other party shall be -9- affected by certified mail, return receipt requested. Either party may change the address for notice to it by giving written notice of such change in accordance with the provisions of this section. 8.8.1 Notice to Tenant shall be sufficient if made or addressed to: Bryan & Bridget Markland 5595 Tyrrell Park Rd Beaumont, Texas 77705-6824 8.8.2 Notice to City shall be sufficient if made or addressed to: City Manager City of Beaumont P. O. Box 3827 Beaumont, Texas 77704 8.9 This Agreement constitutes the entire agreement between the parties and no changes, amendments or modifications hereof shall be valid or recognized unless in writing and signed by both parties. 8.10 The Caretaker's House on the Property may only be occupied by Tenant unless written approval for occupancy by others is obtained from the City Manager or his designee. 8.11 Time is of the essence of this agreement. 8.12 This agreement shall be construed under, and in accordance with, the laws of the State of Texas, and all obligations of the parties created by this agreement are performable in Jefferson County, Texas. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first mentioned above at Beaumont, Texas. CITY OF BEAUMONT: TENANT: Kyle Hayes, City Manager Bryan Markland Bridget Markland -10- TYRRELL PARK STABLES MONTHLY INCOME/EXPENSE PROJECTIONS 2004 Yearly January February March April May June July August September October November December Total January'05 INCOME DESCRIPTION Boarding $675 $1,150 $1,425 $1,700 $1,975 $2,450 $2,450 $2,450 $2,450 $2,450 $2,450 $2,450 $24,075 $2,450 Lessons $3,280 $2,800 $4,960 $6,720 $7,840 $7,840 $7,840 $6,080 $7,040 $7,840 $7,360 $5,760 $75,360 $7,840 Trail Rides $1,200 $1,350 $1,350 $1,650 $1,800 $1,800 $1,800 $1,350 $1,350 $1,350 $1,350 $1,050 $17,400 $1,350 Summer Camp $0 $0 $0 $0 $0 $4,800 $4,800 $0 $0 $0 $0 $0 $0 Play Day $380 $475 $570 $665 $665 $665 $665 $665 $665 $665 $665 $665 $665 Miscellaneous $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $500 $6,000 $500 TOTAL INCOME $5,535 $6,275 $8,805 $11,235 $12,780 $18,055 $18,055 $11,045 $12,005 $12,805 $12,325 $10,425 $122,835 $12,805 EXPENSE DESCRIPTION Horses Feed/Maintenance 1,273.17 3,081.50 2,785.67 6,989.83 3,394.00 3,072.00 3,072.00 3,072.00 3,072.00 3,072.00 3,072.00 3,072.00 $39,028 3,072.00 Utilities/RenUProperty Maint $500 $500 $2,750 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $12,750 $1,615 Insurance/Advertising $2,500 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $1,000 $13,500 $1,000 TOTAL EXPENSES $4,273 $4,582 $6,536 $8,990 $5,394 $5,072 $5,072 $5,072 $5,072 $5,072 $5,072 $5,072 $65,278 $5,687 CASH(SHORT)EXTRA $1,262 $1,694 $2,269 $2,245 $7,386 $12,983 $12,983 $5,973 $6,933 $7,733 $7,253 $5,353 $57,557 $7,118 Page 1 JAN 04 Daily/EA #/month Monthly #horses Boarding 0 >>>Temp + $500 Breeding fee $ 596 $ - 1 >>> Monthly-stable/turn-out $ 275 $ 275 2 >>> Monthly-pasture $ 200 $ 400 >>> Monthly-conditioning $ 500 $ 675 #students Lessons Lessons (Halter) 2 Lessons (Wester Pleasure) $ 320 $ 640 5 General Horsemanship $ 400 $ 2,000 2 Gymkanna $ 320 1 $ 640 $ 3,280 #rentals Trail Rides 80 Guided Trail Ride Rentals $ 15 $ 1,200 >>> Individual $ 1,200 #students Summer Camp 0 Summer Camp Tuition $ 200 0 $ - #participants Play Da 20 Entry Fees (avg $15/person) $ 15 1 $ 300 40 Concessions ($2/person) $ 2 $ 80 $ 380 INCOME TOTAL: $ 5,535 # Horses Horses: 10 Total Horses 7 Stable Horses 3 Boarded Horses Feed/Hay $ 52 $ 520 Shots (once annually) $ 25 14.58 Worming $ 7 $ 70 Ferrier $ 12 $ 84 Stable-Hand (5 days/week) $ 200 $ 500 >>> -rm/board, $300/mo. Tack/Equip maint $ 10 $ 70 Annual Vet Check $ 25 14.58 Total: 1,273.17 I Rent Commision (Rent) Utilities $ 250 Property Mainenance $ 250 Total: $ 500 Insurance $ 2,000 Advertising $ 500 Total: $ 2,500 EXPENSES TOTAL: $ 4,273 NET TOTAL: Pagel FEB 04 Daily/EA #/month Monthly #horses Boarding 0 >>>Temp + $500 Breeding fee $ 596 $ - 2 >>> Monthly-stable/turn-out $ 275 $ 550 3 >>> Monthly-pasture $ 200 $ 600 >>> Monthly-conditioning $ 500 $ 1,150 #students Lessons Lessons (Halter) 2 Lessons (Wester Pleasure) $ 320 $ 640 3 General Horsemanship $ 400 $ 1,200 3 Gymkanna $ 320 $ 960 $ 2,800 #rentals Trail Rides 90 Guided Trail Ride Rentals $ 15 $ 1,350 >>> Individual $ 1,350 #students Summer Camp 0 Summer Camp Tuition $ 200 0 $ - #participants Play Day 25 Entry Fees (avg$15/person) $ 15 1 $ 375 50 Concessions ($2/person) $ 2 $ 100 $ 475 INCOME TOTAL: $ 5,775 #Horses Horses: 14 Total Horses 9 Stable Horses 12 new $ 1,200 5 Boarded Horses Feed/Hay $ 52 $ 728 Shots (once annually) $ 25 18.75 Worming $ 7 $ gg Ferrier $ 12 $ 108 Stable-Hand (5 days/week) $ 280 $ 820 >>>-rm/board, $300/mo. Tack/Equip maint $ 10 $ 90 Annual Vet Check $ 25 18.75 Total: 3,081.50 Rent Commision (Rent) Utilities $ 250 Property Mainenance $ 250 Total: $ 500 Insurance $ 500 Advertising $ 500 Total: $ 1,000 EXPENSES TOTAL: $ 4,582 NET TOTAL: $ 1,194 Page 1 MAR 04 Daily/EA #/month Monthly #horses Boarding 0 >>>Temp+ $500 Breeding fee $ 59__6 $ - 3 >>> Monthly-stable/turn-out $ 275 $ 825 3 >>> Monthly-pasture $ 200 $ 600 >>> Monthly-conditioning $ 500 $ 1,425 #students Lessons Lessons(Halter) 4 Lessons (Wester Pleasure) $ 320 $ 1,280 6 General Horsemanship $ 400 $ 2,400 4 Gymkanna $ 320 $ 1,280 $ 4,960 #rentals Trail Rides 90 Guided Trail Ride Rentals $ 15 $ 1,350 >>> Individual $ 1,350 #students Summer Camp 0 Summer Camp Tuition $ 200 0 $ - #participants Play Day/Poker Ride 30 Entry Fees(avg$15/person) $ 15 1 $ 450 60 Concessions ($2/person) $ 2 $ 120 $ 570 INCOME TOTAL: $ 8,305 #Horses Horses: 16 Total Horses 10 Stable Horses i 1 new $ 600 6 Boarded Horses Feed/Hay $ 52 $ 832 Shots (once annually) $ 25 20.83 Worming $ 7 $ 112 Ferrier $ 12 $ 120 Stable-Hand(s) (5 days/week) $ 320 $ 980 >>> -rm/board, $300/mo. Tack/Equip maint $ 10 $ 100 Annual Vet Check $ 25 20.83 Total: 2,785.67 Rent $ 500 Commision (Rent) Utilities $ 250 Property Mainenance add round pen $ 2,000 Total: $ 2,750 Insurance $ 500 Advertising $ 500 Total: $ 1,000 EXPENSES TOTAL: $ 6,536 NET TOTAL: $ 1,769 APR 04 Daily/EA #/month Monthly #horses !Boarding 0 >>>Temp+ $500 Breeding fee $ 596 $ - 4 >>> Monthly-stable/turn-out $ 275 $ 1,100 3 >>> Monthly-pasture $ 200 $ 600 >>> Monthly-conditioning $ 500 $ 1,700 #students Lessons Lessons (Halter) 6 Lessons (Wester Pleasure) $ 320 $ 1,920 8 General Horsemanship $ 400 $ 3,200 5 Gymkanna $ 320 $ 1,600 $ 6,720 #rentals Trail Rides 110 Guided Trail Ride Rentals $ 15 $ 1,650 >>> Individual $ 1,650 #students Summer Camp 0 Summer Camp Tuition $ 200 0 $ - #participants Play Day/Poker Ride 35 Entry Fees (avg$15/person) $ 15 1 $ 525 70 Concessions ($2/person) $ 2 $ 140 $ 665 i INCOME TOTAL: $ 10,735 #Horses Horses: 18 Total Horses 11 Stable Horses Stud purchase+1 new $ 4,500 7 Boarded Horses Feed/Hay $ 52 $ 936 Shots (once annually) $ 25 22.92 Worming $ 7 $ 126 Ferrier $ 12 $ 132 Stable-Hand (5 days/week) $ 360 $ 1,140 >>>-rm/board, $300/mo. Tack/Equip maint $ 10 $ 110 _ Annual Vet Check $ 25 22.92 Total: 6,989.83 Rent $ 500 Commision (Rent) Utilities $ 250 Property Mainenance $ 250 Total: $ 1,000 Insurance $ 500 Advertising $ 500 Total: $ 1,000 EXPENSES TOTAL: $ 8,990 NET TOTAL: $ 1,745 Page 1 MAY 04 Daily/EA #/month Monthly #horses Boarding 0 >>>Temp+ $500 Breeding fee $ 596 $ - 5 >>> Monthly-stable/turn-out $ 275 $ 1,375 3 >>> Monthly-pasture $ 200 $ 600 >>> Monthly-conditioning $ 500 $ 1,975 #students Lessons Lessons(Halter) 6 Lessons(Wester Pleasure) $ 320 $ 1,920 10 General Horsemanship $ 400 $ 4,000 6 Gymkanna $ 320 $ 1,920 $ 7,840 #rentals Trail Rides 120 Guided Trail Ride Rentals $ 15 $ 1,800 >>> Individual $ 1,800 #students Summer Camp 0 Summer Camp Tuition $ 200 0 $ - #participants Play Day/Poker Ride 35 Entry Fees (avg$15/person) $ 15 1 $ 525 70 Concessions ($2/person) $ 2 $ 140 $ 665 INCOME TOTAL: $ 12,280 #Horses Horses: 20 Total Horses 12 Stable Horses 1 new $ 600 8 Boarded Horses Feed-/Hay $ 52 $ 1,040 Shots (once annually) $ 25 25.00 Worming $ 7 $ 140 Ferrier j $ 12 $ 144 Stable-Hand (5 days/week) $ 400 $ 1,300 »>-rm/board, $300/mo. Tack/Equip maint $ 10 $ 120 Annual Vet Check $ 25 25.00 Total: 3,394.00 Rent $ 500 Commision (Rent) Utilities $ 250 Property Mainenance $ 250 Total: $ 1,000 Insurance $ 500 Advertising $ 500 Total: $ 1,000 EXPENSES TOTAL: $ 5,394 NET TOTAL: $ 6,886 JUN 04 Daily/EA #/month Monthly #horses Boarding 0 >>>Temp+ $500 Breeding fee $ 596 $ 6 >>> Monthly-stable/turn-out $ 275 $ 1,650 4 >>> Monthly-pasture $ 200 $ 800 >>> Monthly-conditioning $ 500 $ 2,450 #students Lessons Lessons (Halter) 6 Lessons (Wester Pleasure) $ 320 $ 1,920 10 General Horsemanship $ 400 $ 4,000 6 Gymkanna $ 320 $ 1,920 $ 7,840 #rentals Trail Rides 120 Guided Trail Ride Rentals $ 15 $ 1,800 >>> Individual $ 1,800 #students Summer Camp 4 one week camps 6 Summer Camp Tuition $ 200 4 $ 4,800 #participants Play Day/Poker Ride 35 Entry Fees(avg$15/person) $ 15 1 $ 525 70 Concessions ($2/person) $ 2 $ 140 $ 665 INCOME TOTAL: $ 17,555 #Horses Horses: 22 Total Horses 12 Stable Horses $ - 10 Boarded Horses Feed/Hay $ 52 $ 1,144 Shots (once annually) $ 25 25.00 (Worming $ 7 $ 154 Ferrier $ 12 $ 144 Stable-Hand (5 days/week) $ 440 $ 1,460 >>>-rm/board, $300/mo. Tack/Equip maint $ 10 $ 120 Annual Vet Check $ 25 25.00 Total: 3,072.00 Rent $ 500 Commision (Rent) Utilities $ 250 Property Mainenance $ 250 Total: $ 1,000 Insurance $ 500 Advertising $ 500 Total: j $ 1,000 EXPENSES TOTAL: $ 5,072 NET TOTAL: $ 12,483 JUL 04 Daily/EA #/month Monthly #horses Boarding 0 >>>Temp+ $500 Breeding fee $ 596 $ - 6 >>> Monthly-stable/turn-out $ 275 $ 1,650 4 >>> Monthly-pasture $ 200 $ 800 >>> Monthly-conditioning $ 500 $ 2,450 #students Lessons Lessons (Halter) 6 Lessons (Wester Pleasure) $ 320 $ 1,920 10 General Horsemanship $ 400 $ 4,000 6 Gymkanna $ 320 $ 1,920 $ 7,840 #rentals Trail Rides 120 Guided Trail Ride Rentals $ 15 $ 1,800 >>> Individual $ 1,800 #students Summer Camp 4 one week camps 6 Summer Camp Tuition $ 200 4 $ 4,800 #participants Play Day/Poker Ride 35 Entry Fees (avg$15/person) $ 15 1 $ 525 70 Concessions($2/person) $ 2 $ 140 $ 665 INCOME TOTAL: $ 17,555 #Horses Horses: 22 Total Horses 12 Stable Horses $ - 10 !Boarded Horses Feed/Hay $ 52 $ 1,144 Shots (once annually) $ 25 25.00 Worming $ 7 $ 154 Ferrier $ 12 $ 144 Stable-Hand (5 days/week) $ 440 $ 1,460 >>>-rm/board, $300/mo. Tack/Equip maint $ 10 $ 120 Annual Vet Check $ 25 25.00 Total: 3,072.00 Rent $ 500 Commision (Rent) Utilities $ 250 Property Mainenance $ 250 Total $ 1,000 Insurance ! $ 500 Advertising $ 500 Total: $ 1,000 EXPENSES TOTAL: $ 5,072 i NET TOTAL: $ 12,483 AUG 04 Daily/EA #/month Monthly #horses Boarding 0 >>>Temp+$500 Breeding fee $ 596 $ - 6 >>> Monthly-stable/turn-out $ 275 $ 1,650 4 >>> Monthly-pasture $ 200 $ 800 >>> Monthly-conditioning $ 500 $ 2,450 #students Lessons Lessons (Halter) 4 Lessons (Wester Pleasure) $ 320 $ 1,280 8 General Horsemanship $ 400 $ 3,200 5 Gymkanna $ 320 $ 1,600 $ 6,080 #rentals Trail Rides 90 Guided Trail Ride Rentals $ 15 $ 1,350 >>> Individual $ 1,350 #students Summer Camp 0 Summer Camp Tuition $ 200 0 $ - #participants Play Day/Poker Ride 35 Entry Fees(avg$15/person) $ 15 1 $ 525 70 Concessions ($2/person) $ 2 $ 140 $ 665 INCOME TOTAL: $ 10,545 #Horses Horses: 22 Total Horses 12 Stable Horses $ - 10 Boarded Horses Feed/Hay $ 52 $ 1,144 Shots (once annually) $ 25 25.00 Worming $ 7 $ 154 Ferrier $ 12 $ 144 Stable-Hand (5 days/week) $ 440 $ 1,460 >>> -rm/board, $300/mo. Tack/Equip maint $ 10-4' $ 120 Annual Vet Check $ 25 25.00 Total: 3,072.00 Rent i $ 500 Commision (Rent) Utilities $ 250 Property Mainenance $ 250 Total: $ 1,000 Insurance $ 500 Advertising $ 500 Total: $ 1,000 EXPENSES TOTAL: $ 5,072 NET TOTAL: $ 5,473 SEP 04 Daily/EA #/month Monthly #horses Boarding 0 >>>Temp+ $500 Breeding fee $ 596 $ - 6 >>> Monthly-stable/turn-out $ 275 $ 1,650 4 >>> Monthly-pasture $ 200 $ 800 >>> Monthly-conditioning $ 500 $ 2,450 #students Lessons Lessons (Halter) 6 Lessons(Wester Pleasure) $ 320 $ 1,920 8 General Horsemanship $ 400 $ 3,200 6 Gymkanna $ 320 $ 1,920 $ 7,040 #rentals Trail Rides 90 Guided Trail Ride Rentals $ 15 $ 1,350 >>> Individual $ 1,350 #students Summer Camp 0 Summer Camp Tuition $ 200 0 $ - #participants Plav Dav/Poker Ride 35 Entry Fees(avg$15/person) $ 15 1 $ 525 70 Concessions ($2/person) $ 2 $ 140 $ 665 INCOME TOTAL: $ 11,505 _—W—Horses Horses: 22 Total Horses 12 Stable Horses $ 10 Boarded Horses Feed/Hay $ 52 $ 1,144 Shots(once annually) $ 25 25.00 Worming $ 7 $ 154 Ferrier $ 12 $ 144 Stable-Hand (5 days/week) $ 440 $ 1,460 >>>-rm/board, $300/mo. 'Tack/Equip maint $ 10 $ 120 Annual Vet Check $ 25 25.00 Total: 3,072.00 Rent $ 500 Commision (Rent) Utilities $ 250 Property Mainenance $ 250 Total: $ 1,000 Insurance $ 500 Advertising $ 500 Total: $ 1,000 EXPENSES TOTAL: $ 5,072 NET TOTAL: $ 6,433 OCT 04 Daily/EA #/month Monthly #horses Boarding 0 >>>Temp+ $500 Breeding fee $ 596 $ - 6 >>> Monthly-stable/turn-out $ 275 $ 1,650 4 >>> Monthly-pasture $ 200 $ 800 >>> Monthly-conditioning $ 500 $ 2,450 #students Lessons Lessons (Halter) 6 Lessons (Wester Pleasure) $ 320 $ 1,920 10 General Horsemanship $ 400 $ 4,000 6 Gymkanna $ 320 $ 1,920 $ 7,840 _ #rentals Trail Rides 90 Guided Trail Ride Rentals $ 15 $ 1,350 >>> Individual $ 1,350 #students Summer Camp 0 Summer Camp Tuition $ 200 0 $ - #participants Play Day/Poker Ride 35 Entry Fees(avg$15/person) $ 15 1 $ 525 70 Concessions($2/person) $ 2 $ 140 $ 665 INCOME TOTAL: $ 12,305 #Horses Horses: 22 Total Horses 12 Stable Horses $ - 10 Boarded Horses Feed/Hay $ 52 $ 1,144 Shots(once annually) $ 25 25.00 Worming $ 7 $ 154 Ferrier $ 12 $ 144 Stable-Hand (5 days/week) $ 440 $ 1,460 >>>-rm/board, $300/mo. iTack/Equip maint $ 10 $ 120 Annual Vet Check $ 25 25.00 Total: 3,072.00 Rent $ 500 Commision (Rent) Utilities $ 250 Property Mainenance $ 250 Total: $ 1,000 Insurance $ 500 Advertising $ 500 Total: $ 1,000 EXPENSES TOTAL: $ 5,072 NET TOTAL: $ 7,233 NOV 04 Daily/EA #/month Monthly #horses Boarding 0 >>>Temp+$500 Breeding fee $ 596 $ - 6 >>> Monthly-stable/turn-out $ 275 $ 1,650 4 >>> Monthly-pasture $ 200 $ 800 >>> Monthly-conditioning $ 500 $ 2,450 #students Lessons Lessons(Halter) 6 Lessons(Wester Pleasure) $ 320 $ 1,920 8 General Horsemanship $ 400 $ 3,200 7 Gymkanna $ 320 $ 2,240 $ 7,360 #rentals Trail Rides 90 Guided Trail Ride Rentals $ 15 $ 1,350 >>> Individual $ 1,350 #students Summer Camp 0 Summer Camp Tuition $ 200 0 $ - #participants Play Day/Poker Ride 35 Entry Fees(avg $15/person) $ 15 1 $ 525 70 Concessions ($2/person) $ 2 $ 140 $ 665 INCOME TOTAL: $ 11,825 #Horses Horses: 22 Total Horses 12 Stable Horses $ - 10 Boarded Horses Feed/Hay $ 52 $ 1,144 Shots (once annually) $ 25 25.00 Worming $ 7 $ 154 Ferrier $ 12 $ 144 Stable-Hand (5 days/week) $ 440 $ 1,460 >>>-rm/board, $300/mo. Tack/Equip maint $ 10 $ 120 Annual Vet Check $ 25 25.00 Total: 3,072.00 Rent $ 500 Commision (Rent) Utilities $ 250 Property Mainenance $ 250 Total: $ 1,000 Insurance $ 500 Advertising $ 500 Total: $ 1,000 EXPENSES TOTAL: $ 5,072 NET TOTAL: $ 6,753 DEC 04 Daily/EA—#/month Monthly #horses Boarding 0 >>>Temp+$500 Breeding fee $ 596 $ - 6 >>> Monthly-stable/turn-out $ 275 $ 1,650 4 >>> Monthly-pasture $ 200 $ 800 >>> Monthly-conditioning $ 500 $ 2,450 #students Lessons Lessons(Halter) 4 Lessons (Wester Pleasure) $ 320 $ 1,280 8 General Horsemanship $ 400 $ 3,200 4 Gymkanna $ 320 $ 1,280 $ 5,760 #rentals Trail Rides 70 Guided Trail Ride Rentals $ 15 $ 1,050 >>> Individual $ 1,050 #students Summer Camp 0 Summer Camp Tuition $ 200 0 $ - #participants Play Day/Poker Ride 35 Entry Fees (avg$15/person) $ 15 1 $ 525 70 Concessions($2/person) $ 2 $ 140 $ 665 INCOME TOTAL: $ 9,925 #Horses Horses: 22 Total Horses 12 Stable Horses $ - 10 Boarded Horses Feed/Hay $ 52 $ 1,144 Shots (once annually) $ 25 25.00 Worming $ 7 $ 154 Ferrier $ 12 $ 144 Stable-Hand (5 days/week) $ 440 j $ 1,460 >>>-rm/board, $300/mo. Tack/Equip maint $ 10 $ 120 Annual Vet Check $ 25 25.00 Total: 3,072.00 Rent $ 500 Commision (Rent) Utilities $ 250 Property Mainenance $ 250 Total: $ 1,000 Insurance $ 500 Advertising $ 500 Total: $ 1,000 EXPENSES TOTAL: $ 5,072 NET TOTAL: $ 4,853 JAN 05 Daily/EA #/month Monthly #horses Boarding 0 >>>Temp+$500 Breeding fee $ 596 $ - 6 »> Monthly-stable/turn-out $ 275 $ 1,650 4 >>> Monthly-pasture $ 200 $ 800 >>> Monthly-conditioning $ 500 $ 2,450 #-students Lessons Lessons (Halter) 6 Lessons(Wester Pleasure) $ 320 $ 1,920 10 General Horsemanship $ 400 $ 4,000 6 Gymkanna $ 320 $ 1,920 $ 7,840 #rentals Trail Rides 90 Guided Trail Ride Rentals $ 15 $ 1,350 >>> Individual $ 1,350 #students Summer Camp 0 Summer Camp Tuition $ 200 0 $ - #participants Play Day/Poker Ride 35 Entry Fees (avg$15/person) $ 15 1 $ 525 70 Concessions($2/person) $ 2 $ 140 $ 665 INCOME TOTAL: $ 12,305 #Horses Horses: 22 Total Horses 12 Stable Horses $ _ 10 Boarded Horses Feed/Hay $ 52 $ 1,144 Shots (once annually) $ 25 $ 25 Worming $ 7 $ 154 Ferrier $ 12 $ 144 Stable-Hand (5 days/week) $ 440 $ 1,460 >>>-rm/board, $300/mo. Tack/Equip maint $ 10 $ 120 Annual Vet Check $ 25 25.00 Total: 3,072 Rent $ 500 Commision (Rent) 615 Utilities $ 250 Property Mainenance $ 250 Total: $ 1,615 Insurance $ 500 Advertising $ 500 Total: $ 1,000 EXPENSES TOTAL: $ 5,687 NET TOTAL: $ 6,618 Tenants' Biography: Bryan and Bridget Markland were raised in Norco, California. Norco has been dubbed "Horse Town, USA" as prominently stated on the city's welcome sign, seen as you enter town. The town also boasts a population of`more horses than people' —about 35 thousand. There are no sidewalks in Norco; there are only horse riding trails next to the streets, and hitching posts in front of most businesses. All residential property is zoned for horses, with no less than one half acre per lot. Norco has extensive equine activities throughout the year, including the National Pro Rodeo circuit, and Horse Week that includes many activities which draw very large crowds for good family fun. Bryan has served in the Coast Guard for more than 14 years. Bryan currently has 3+ years remaining on his contract in Port Arthur, with great flexibility for extending longer. Both Bryan and Bridget have extensive trail riding experience on both neighborhood trails and wilderness trails such as the Santa Ana Riverbed, totaling thousands of hours. Bridget has experience in showing halter and western pleasure with significant success, including halter National Grand Champion for three consecutive years. Bryan has attended many CPR and First Aid courses with the Coast Guard and will maintain currency. Bridget will also attend CPR and First Aid courses. Bridget has applied her life experience during the last year on two local ranches teaching general horsemanship classes to individuals and groups of adults and children -beginner to advanced levels, and also providing superb care for the health and well-being of all horses under her supervision. Bridget will attend advanced riding instructor training courses. Bryan and Bridget see a great opportunity to serve the community's needs in the operation and maintenance of Tyrrell Park Stables, and look forward to providing safe and enjoyable recreation for the families of Beaumont and surrounding communities. Release of Liability This RELEASE of LIABILITY is made and entered into on this day of , 20 ,by and between Tyrrell Park Stables,hereinafter designated MANAGER and hereinafter designated RIDER,and if Rider is a minor,Rider's parent or guardian, In return for the use,today and on all future dates of the property,facilities and services of the Manager,the Rider,his heirs,assigns,and legal representatives, hereby expressly agree to the following: 1. It is the responsibility of the Rider to carry full and complete insurance coverage on his horse,personal property and himself. 2. Rider agrees to assume ANY AND ALL RISKS INVOLVED IN OR ARISING FROM THE RIDER'S USE OF OR PRESENCE UPON MANAGER'S PROPERTY AND FACILITIES including,without limitation but not limited to,the risks of death,bodily injury,property damage,falls,kicks,bites,collisions with vehicles, horses or stationary objects,fire or explosion,the unavailability of emergency medical care,or the negligence or deliberate act of another person. 3. Rider agrees to hold Manager and all of its successors,assigns,subsidiaries,affiliates,officers,directors, employees and agents completely harmless and not liable and release them from all liability whatsoever and AGREES NOT TO SUE them on account of or in connection with any claims,causes of action,injuries, damages,cost or expenses arising out of Rider's use of or presence upon Manager's property and facilities, including without limitation,those based on death,bodily injury,property damage,including consequential damages,except if the damages are caused by the direct,willful and wanton negligence of the Manager. 4. Rider agrees to waive the protection afforded by any statute or law in any jurisdiction whose purpose,substance and/or effect is to provide that a general release shall not extend to claims,material or otherwise,which the person giving the release does not know or suspect to exist at the time of executing the release. 5. Rider agrees to indemnify and defend Manager against,and hold it harmless from,any and all claims,causes of action,damages,judgements,costs or expenses,including attorney's fees,which in any way arise from the Rider's use of or presence upon the Manager's property and facilities. 6. Rider agrees to abide by all of Manager's rules and regulations. 7. If Rider is using his horse,the horse shall be free from infection,contagious or transmissible disease. Manager reserves the right to refuse horse if not in proper health or is deemed dangerous or undesirable. 8. This contract is non-assignable and non-transferable and is made and entered into the State of Texas,and shall be enforced and interpreted under the laws of this state. 9. Should any clause be in conflict with State Law,then that clause is null and voi#. When the Manager_and Rider and Rider's parent or guardian,if Rider is a minor,sign this contract,it will then be binding on both parties, subject to the above terms and conditions. _ WARNING: UNDER TEXAS LAW(CHAPTER 87,CIVIL PRACTICE AND REMEDIES CODE).AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES. Manager's Signature Rider's Signature Rider's Address/Phone Number Rider's Parent or Guardian(If Rider is a minor.) Release of Liability Tyrrell Park Stables I, the undersigned, wish to participate in the Tyrrell Park Stables event on 20 . I understand that during portions of this event I will be in close proximity to one or more horses under circumstances which may expose me to some risk of injury,because of the nature of horses, the facility, and the activities in which I will be engaged. In consideration of the Tyrrell Park Stables allowing my participation in this event, I, on behalf of myself, and my heirs, administrators,personal representatives, assigns and children and spouse, if any, do hereby agree to hold harmless,release and discharge Tyrrell Park Stables and the City of Beaumont, which includes its officers, directors, members, agents,representatives, affiliates and insurers, of and from all claims, demands, causes of action and legal liability whether known or unknown, anticipated or unanticipated, due to the ordinary negligence of Tyrrell Park Stables. I shall not bring any claims, demands, legal actions or causes of action against Tyrrell Park Stables or the City of Beaumont for any damage or loss due to bodily injury, death or property damage arising out of my participation in this event. WARNING WARNING: UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE). AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES. Signature of Participant Date Signature of Parent or Guardian Date (If participant is a minor.) STATE OF TEXAS COUNTY OF JEFFERSON 2003 TYRRELL PARK STABLES 5595 Tyrrell Park Drive Beaumont,TX 77705 Phone:(409)XXX-XXXX TRAINING AND BOARDING CONTRACT Owner: Horse/s: Address: Coggins#: City: Date of Coggins: State: Zip: Age: Sex: Hm.Phone: Color: Breed: Wk.Phone: Nickname: Deworming Date: Vaccination Record: Insurance Co: Phone#: Policy#: Youth Name: Fees due on the first of each month: Conditioning&board$500.00 Regular board$275.00 Pasture board$200.00 Hauling—w/in 10 miles$50.00 Each add'I mi:$0.75 Clipping$25.00 Banding$25.00 Braiding$35.00 Bathing$15.00—no charge if in conditioning Show entry fees charged as incurred Late fee for not paying bill:$25.00 if not received by the 10th of each month Returned check fee$25.00 Medical charges as incurred,due at time of service Farrier charges as incurred,due at time of service Special equipment charges,as incurred Additional supplements charges as incurred ALL BILLS TO BE PAID AND THIS CONTRACT TO BE PERFROMED IN THE STATE OF TEXAS,COUNTY OF JEFFERSON. Authority to obtain Veterinary and Farrier Care:Owner hereby authorizes Tyrrell Park Stables and Trainer to obtain all necessary emergency and non-emergency veterinary and farrier care to maintain said horse in good health.Owner shall pay all such veterinarian and farrier services in accordance with this agreement.Owner also agrees that trainer will implement a de-worming program,consistent with recognized standards.Owner is obligated to pay the expense of such service. Risk of Loss:While the horse is at Tyrrell Park Stables,or under control of Trainer,Tyrrell Park Stables,Trainer,and City of Beaumont shall not be liable for any injury,death,sickness,or theft suffered by the horse or any other cause of action arising from or connecting to the boarding or training of the horse.Owner fully understands that Tyrrell Park Stable,Trainer,and City of Beaumont does not carry any insurance for any horses not owned by it for boarding,training or any other purpose,or for which the horses are covered under any public liability,accidental injury,theft,or equine mortality insurance:ALL RISKS ARE ASSUMED BY OWNER.Owner agrees to hold Tyrrell Park Stables,Trainer,and City of Beaumont harmless from any loss or injury to said horse.All costs,no matter how catastrophic,connected with boarding,training or for any other reason for which the horse is on the premises or under the control of Tyrrell Park Stables or Trainer, are to be borne by Owner. Right of Lien:Tyrrell Park Stables and Trainer has the right of lien as set forth in the law of the State of Texas for the amount due for board and additional agreed upon services and shall have the right,without process of law to retain said horse until the indebtedness is satisfactorily paid in full. WARNING:UNDER TEXAS LAW,CHAPTER 87,CIVIL PRACTICES AND REMEDIES CODE,AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISK OF EQUINE ACTIVITES. Owner: Date: Trainer: Date: !♦ a • .\2'32 r }F t ** • d. 11 3 « .,± ar'"£ C r.. S� s�iv� } � '>h. '��s`* � ar �� ,�'s � �� ` • s �'♦ �3`l2�" . � ��• �•: si A� �� a�`ar : �ss � •, /'�`a9VF�.,k 1 1 ♦ Y t f z .ga * 1 c' Ni ` rosy M �` +F • • T ai� • M1 0 CL F U "�Me • fa y •�� + • tie s� IF Of 4 j �•'} '' Tyrrell Park Wzl ,y' � ?, A „� °�w�`.�"�. �, ix yea ,.,L z �.�' ��w•�s ,��\" 3 � ��{'�. ��z¢" ,.�w�. k�S�„`�G7�[7 < a 3 5 � �Fs x ✓ - ij y F, l pl�t� r' •,,� µ«,,, . 1 �?',� � �M 1`r •.msµ,.,._..,� �„ Tyrrell Park Stables Beaumont, Texas omo • 72 3 ,,..,,, •..W.r...,. ..,,aw a. V T.- .. ..... ........ J. � a v �W WARNING WARNING: UNDER TEXAS LAW (CHAPTER 87, CIVIL PRACTICE AND REMEDIES CODE). AN EQUINE PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT IN EQUINE ACTIVITIES RESULTING FROM THE INHERENT RISKS OF EQUINE ACTIVITIES. "This facility is operated in compliance with the Texas Riding Stable Registration Requirements . Any person observing a violation of the requirements may report the violation to : Texas Animal Health Commission at 2105 Kramer Lane , Austin , Texas 78758 or P . O . Box 12966 , Austin , Texas 78711- 12966 . " Provided under requirements of the Texas Administrative Code, Title 4 (Agriculture), Chapter 48 (Riding Stables Registration Program), Rule 48.3 (Standards) e (Deeeee This is a NO SMOKING facility. Smoking brings an unnecessary and unacceptable risk to the stable property and associated equine activities. Trail Etiquette and Safety ➢ Riding is a sport,just like tennis or skiing. You are a participant, not a passenger, so when you ride, be riding all the time. Be aware of your horse and what you are doing. It has a mind; it will use it. Learn to guide it safely. ➢ As an animal of flight, the horse is startled by sudden movements, loud noises and unfamiliar objects. Don't throw things (hats, cameras, etc.) to or from a horse. Please ask the wrangler to stop to put a jacket or slicker on; dismount for this process. If you would like to take pictures, ask the wrangler to stop. ➢ A group of horses tied up together is a potentially hazardous situation. Please wait for the wrangler to bring your horse to you when it is time to mount up. By the same token, when arriving at the barn after a ride, wait for the wrangler to tie the horse (we use quick release knots). The reins are not for tying up a horse. ➢ Don't let your horse eat or graze on the trail. Just one mouthful leads to many more. ➢ If your horse fails to keep up with the others, has tricks you don't like, or is lazy, before you blame him, figure out how much you really know about riding. Riding is a lifelong study, and a good rider always looks to himself first. ➢ Don't follow the horse ahead of you too closely. A horse finds tailgating about as annoying as you do -- and he may kick. A good following distance is at least a horse length. ➢ Don't pass your wrangler. He or she is up front to maintain control of the ride and to watch for things that might spook or trip your horse. ➢ It is unsafe to continue down the trail when a member of your party is dismounted. Wait for the person to get back on their horse before moving on. If your wrangler is opening a gate, move through the gate enough to get the entire party through, and then stop and wait. ➢ Another rider's leg or horse does not make a good head scratching post for your horse, even if he thinks it does. ➢ No smoking is not allowed around the stable area or during a trail ride. Smoking brings an unnecessary and unacceptable risk to the stable property and associated equine activities. ➢ A nice pleasant walk is suitable and required for riding here at Tyrrell Park Stabels. We cover many trails that are not suitable for running. This is for your safety as well as your horse's safety. Control is the key factor, not just "staying on". ➢ Please ask questions before leaving if you have any doubt about reining and controlling your horse. These rules/guidelines are written with your safety in mind. ➢ If you feel that you need a riding lesson or refresher session before embarking on a trail ride, we can arrange instruction accordingly. ➢ Remember, Henry Ford has invested the only thing that works without rest and without much need for brains on the part of the person in control. Horses are not machines! ➢ There are hidden dangers on the trail and the rider needs to be alert at all times and in control of his/her horse. ➢ We hope that you enjoy your stay here, and that your have many pleasant memories on horseback. The Nature of the Horse by Jan Dawson President American Association for Horsemanship Safety All too often at riding schools and trail ride establishments,the first lesson or pre-ride instruction is under-utilized or completely wasted from a safety perspective. The first lesson, or pre-ride instruction, even with advanced students or riders, is the best opportunity to frame all the instruction that follows in terms of safety in a way even the most novice rider will remember and in a way even the advanced rider may not have considered. We all may say"I knew that" but we must know it so well that our unconscious survival instinct will push it to be surface when needed. Unfortunately, a set of quickly listed rules, oral or written, is soon forgotten if the rules have no logical framework. Riders will remember hem when they have hard them over and over but is that enough? How about these words following an accident, "I knew better. I have heard that all my life but just didn't think." The information had never turned into habitual practice. The following initial ground lesson is excerpted from the AAHS Instructor's Handbook of Horsemanship Safety. ° 1. The very things about the horse that cause us so much trouble are the very characteristics that have kept the horse in existence for thousands of years. His instincts protected his ancestors and kept them from being eaten, so they could live long enough to reproduce offspring, including the horse your student is about to mount. 2.No matter how good the trainer or rider is, we cannot teach the horse not to be a horse. The instincts are imbedded genetically and are always there. 3. When the horse is under mental or physical pressure,his instincts take over and thv training goes out the window. 4. What are those instincts?They are characteristics that have kept the horse from being eaten by predators. The short answer is to fight or flee,but that is too simplistic. 5. Man-the supreme predator-must separate himself somehow from the lions, tigers and bears when dealing with horses. 6. Predators must bring a horse down quickly if they are to have dinner. They can go to the neck and slice the jugular vein and carotid artery; they can cut the hamstring above the hock; they can cut the band on top of the neck that holds the neck up; and, if it's a group of predators, one can grab the nose and the rest can bring the horse down. 7. So, we don't approach a horse from behind, or the neck or the nose(head). The wolf that tried to bring a horse down by biting his shoulder would be squashed. We approach the shoulder, which tells the horse we mean no harm. 8. Predators must sneak up on a horse to be successful, so we must announce our arrival. We speak to the horse and wait until he acknowledges us by looking at us or turning his ears to us. Then we walk normally to his shoulder and stroke him. 9. The horse's keen sense of hearing have protected him for thousands of years. His eyes on the side of his head allow him to see almost all the way around himself. He cannot see directly behind or immediately in front of himself, which is why horses are such poor typists. So we want to stay where he can see us. We whistle when coming through a door or around a corner in the barn area to announce to all horses that we are approaching. 10. All animals with skulls protecting their brains are protective of their heads. We don't like to have someone come up and put their hands on our faces without permission, and neither does a horse. How often do we see someone reach out and touch a horse first on the face?Not a good idea. 11. Horses have stayed alive for many generations by reacting quickly to surprises - run or get away first to a safe distance,then turn and look. Don't look first or you might not have time to run. Suppose old Dobbin falls asleep during grooming, you step away to visit, and then go back to grooming. That touch to a dozing horse may trigger the instinct. Keep the horse awake. If you step away, talk to him and announce your presence before touching him again. 12. The horse has his own space. It is a circle about 12 to 15 feet around him. This is the area he can either defend or still have time to get away if here is an opening. Consider the wise old ranch horse in the pasture: you get to within 15 feet of him with your halter, he takes a step,you take a step. He knows you aren't going to catch him if he can maintain his distance from you. He will not allow a predator within that space. So, don't act like a predator. 13. Not acting like a predator is easy. Just make sure the horse knows who you are, where you are and what you are going to do. To the horse, this means you approach him talking to him,you stay where he can see you, and you make it clear that you aren't going to hurt or eat him by making no sudden moves. Example: we run a hand down the leg of the hoof we wish to clean, we don't just grab the foot. 14. Caution must be exercised in the barn or saddling area. In most barns, the aisle is not wide enough to allow students to pass the horses without entering their space- so we approach each horse individually at the shoulder after they have acknowledged us with a look or an ear; then we keep a hand on them as we go by. 15. It is important to know where not to be when the instincts kick in. If we go under the lead rope, the horse can smash a face while stomping a fly. Or worse, if he spooks forward, we will be stomped. If he is tied to a solid wall, we may be squashed. When leading,whether you turn the horse toward you or away,the main thing(and this is really important with small children) is to stay out from in front of the horse's front feet. 16. When you are behind the horse, closer is better. When going behind a horse, if you are up close and he hicks,you won't get the full force- farther back you may get kicked with the power that can move the horse forward at 30 miles per hour. So keep your hand on the horse,let your arm pass to the other side before your body does. We like to have our shoulder touching the tail as we go by. If he is going to kick,he will probably do it when only your arm is touching his rump; he won't wait for your body. The fact that you have touched him all the way from his shoulder to his rump is good insurance that he probably won't kick. He knows who you are, certainly where you are, and you don't seem to have plans to eat him. 17. If students understand that it is quite a miracle that a horse lets the supreme predator ride on his back,they will have more respect for the horse. Horses can identify predators -they know wolves are dangerous and cows are not even if they have not had experience with either. Our vegetarian friends say this is due to meat odor on the body. Meat eaters smell different. The equine ancestors who reacted quickly to the smell of a meat eater lived longer and it is their descendants we ride today.