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HomeMy WebLinkAbout115-97 RESOLUTION • I 115-97 f- ,r, ,,, ,,, . . ,n n a w. a T-- T1. RESOLUTION NO. 1 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE WITH FAYETTEVILLE SCHOOL DISTRICT NO. 1 FOR A PARK AT WASHINGTON ELEMENTARY SCHOOL. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That City Council hereby authorizes the mayor and city clerk to execute a lease with Fayetteville School District No. 1 for a park at Washington Elementary School. A copy of said lease agreement is attached hereto marked Exhibit "A" and made a part hereof. i" , G PASSE,AND APPROVED this 16th day of December , 1997. APPROVED: t,, t ,'«tY , • 1 v By: 4 Lz-v-- - , . , red Hanna, Mayor I I . .__ ti ATTES . By: Traci Paul, City Clerk LEASE AGREEMENT This indenture of lease made and entered into this /6 day of 4 ecei i b C , 1997,by and between the Fayetteville School District No. 1,herein called the School District, a public and educational institution of the State of Arkansas;and the City of Fayetteville,Arkansas,lessee,herein called the City, a municipal corporation in the County of Washington, and State of Arkansas. WITNESSETH: That in consideration of the premises, IT IS AGREED: 1. That the School District hereby lets and leases to the City,for the period of/a--months, from and after this date, and for such period of extension thereafter as hereinafter mentioned; those tracts of land in the City of Fayetteville, Arkansas, more particularly described as follows: A part of the NE'/4 of the NE'/4 of Section 16, T-16-N, R-30-W, more particularly described as commencing at the Northeast corner of said Section 16; Thence S 02°50'17" W 376.28 feet and N 87°09'43" W 384.13 feet to the point of beginning; said point being a set iron pin; Thence S 03°35'08" W 94.52 feet to a set iron pin; Thence N 86°54'40" W 198.92 feet to a fence corner; Thence N 02°34'15" E 94.39 feet to a set iron pin; Thence S 86°56'55" E 200.59 feet to the point of beginning, containing 0.43 acres, more or less; all in Block Two (2) of the County Court Addition to the City of Fayetteville, Washington County, Arkansas. 2. The City agrees that it shall and will proceed to complete upon said lands, municipal parks,according to plans prepared under the supervision of the Parks and Recreation Advisory Board with the advice and approval of the Board of Directors of the City. 3. When the park facilities and equipment are installed and completed,School District agrees that it will, at its own expense, mow and maintain the park facilities and equipment during the months when school is in session in the schools located adjacent to the above described sites. 4. City agrees that it will, at its own cost'and expense, mow and maintain all park facilities and equipment during months when school is not in session in the school located adjacent to the above described tracts. 5. City agrees that it will, at its own cost and expense,pay all utility costs connected with the use of the above described tracts for park purposes. These utility costs may include,but not be limited to, cost incurred for electricity gas,water, sewer, and sanitation. 6. The use and operation of the park facilities constructed on the above described sites shall be under the exclusive care, jurisdiction and authority of the City pursuant to such ordinance, resolutions or regulations as the City may indicate. 7. In consideration of the commitments of the School District hereinabove set forth, the School District shall be entitled to the use of the park facilities constructed on the above sites,during the months when schools are in session adjacent to the above described tracts, the hours of such utilization to be scheduled on a reasonable and equitable basis by agreement between the parties. 8. In the event a disagreement or controversy shall arise between the City and the School District with respect to the use of the park facilities or any matter which is not covered herein specifically or by fair implication, then at the request of either party to this agreement, each shall appoint one arbitrator, and the two shall appoint another, who shall arbitrate the matter, and the decision of the majority of whom shall be final. 9. In case any portion of the park facilities are damaged or destroyed by any cause against which insurance coverage is carried at the expense of the City, the proceeds of such coverage shall be used to repair or restore the park facilities for use under the terms of this agreement throughout the remainder of the lease period, but should the park facilities be destroyed and not repaired, or should they be abandoned or removed by the City, then the term of this lease shall end and the individual park site shall be restored to the possession of the School District. At the end of the term of this lease, the city shall have the right to remove any improvements then existing upon the real estate,if it so elects,without the payment of any compensation to the School District,or it may leave the improvements upon the real estate and they shall become the property of the School District, at the expiration hereof. 10. The parties, in making this agreement,have entered into it with hope and belief that the use of the facilities shall be of great advantage and benefit both to the people of the City of the School District, and they pledge to each other that on all occasions, when if questions arise concerning the true intent and meaning of this contract,they will endeavor to so treat with each other as to give evidence of the highest good faith and the greatest consideration each for the other, in order that unseemly and unfortunate differences may never develop between them. 11. The parties agree that neither will ever make, or undertake to make, an assignment of this lease, or a sub-lease,or an arrangement of any kind contemplating a continuous use of the park facilities located on the above described sites by third persons for any commercial purpose, without the consent of the other,but this restriction shall not prevent either party from permitting the use of said facilities by persons, firms, corporations, clubs and association along the line and for the purposes hereinabove set forth, and, in no case, in contravention thereof. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this /6 /4 day of Decem,6er , 1997. CITY OF FA TTEVIL E, ARKANSAS FAYETTEVILLE SCHOOL DISTRICT NO. 1 By: 7//4(/ By: •Alattahvt Fred Hanna, Mayor President f ATTEST. ATTEST: By: By: Traci Paul, City Clerk Title &Name: