HomeMy WebLinkAbout1954-11-16 Minutesver of
ice
yetteville City Council met in SPECIAL MEETING 9ovember1-1Ath,,1954.
sent: Mayor'Roy A Scott, City Clerk c e,City Attorney A.D.McAllister, City
inees W.C.Smith, City Auditor Albert Jones, City Building Inspector Harold Lieberenz,
of of Police Pearl Watts, Fire Chief Burl Skelton,and Aldermen: Richardson, Burge,
t, Pratt, Williams, McAllister. Heflin and Alexander.
The regular meeting of the City Council which was scheduled to meet Monday Night,
vember 15th,1954, had been postponed in order that the members of the Council could
tend a meeting called by the Business men of Fayetteville, to honor Govenor-Elect Orvi
ubus, at which meeting all the members of the Council signed a waiver of notice for a
ECdAL meeting to be called for November 16th.8 1954, Copy of notice being as follows:
WAIVER OF NOTICE OF SPECIAL MEEPING.
We, the undersigned,being members of the City Council of Fayetteville, Arkansas,
Municipal Corporation, do hereby waive any and all notice required by the laws of the
ate of Arkansas or ordinances of the City of Fayetteville, Arkansas,and do hereby cone
the holding of a special meeting of the Fayetteville City Council,on the 16tho day of
vember91954,at 7:30 Ovclock,P.M.,or anyadjournment or adjournments thereof,at the City
ministration Building,Fayetteville, Arkansas, for the following purposes:
1. To consider and act upon the proposal of Mary E.Byrnes to lease certain real
tate to the City of Fayetteville for off-street parking purposes.
2. To transact such other business as may properly come before the meeting.
„ Dated this 16th day of November, 1954
F��l
ria.. • „ ,.
Leonard D.Pr
aheminutes of�thaunegmlar meeting of November lst,1954, were read and approved.
Alderman Ric4ardson reported that the bills had been approved by the auditing
Committee, and made a motiibn.. that they be allowed as approved, this motion was seconded
by Alderman Heflin, and was passed unanimously by the Council.
With reference to the request of the University Baptist Church to erect some
igns for directional signs, Alderman Hunt made a motion that they be given permission to erect 1
versity ,on the North side of Maple Street opposite the intersection of West Avenue, and 1 on the
ptist North side of Maple Street opposite the Intersection of Arkansas Avenue,Height and dis-
Arch tance from street to meet City Inspectorts Specifications, this motion was seconded by
Alderman Williams, and was passed unanimously by the Council.
The City Building Inspector presented the applicatimn of Ward Ice Cream Co. for
a Permit at Block and Spring Streets,after discussion, Alderman Hunt made a motion that
the application be referred to the Building Committee, this motion was seconded by Alder
;man Williams, and was passed unanimously by.the Council;
The Bldg Inspector.presented the.application of Claude Sullivan for a Permit at
22 East Mt. Street, Alderman Burge made a motion that Permit No;.1519 be issued to Clau
Sullivan, this motion was seconded by Alderman Alexander, and was passed unanimously by
the Council.
The Bldg. Inspector presented the application of Arkola Sand & Gravel Co. for a
Permit on North West Avenue., Alderman Burge made a motion that Permit No. 1525 be issu
to Arkola Sand & Gravel Co., this motion was seconded by Alderman Pratt, and was passed
unanimously by the Council
The City Attorney introduced a Resolution authorizing the Mayor and City
Clerk to execute a.Lease Agreement with Mary E.Byrnes, Alderman Hunt made a motion that
the 'Resolution be adopted,.this motion was seconded by Alderman Williams, which was passed
(unanimously, and the Mayor declared the Resolution adopted*
In \�C�'ll RESOLUT.ION No 9� 54
L 1 RESOLVED,that the Mayor and City Clerk be, and they are hereby authorized and di-
rected to execute a Lease Agreement with Mary E.Byrnes, whereby the the City of Fayette.
ville,leases from Mary E.Byrnes Lots numbered Eight (S) to Fifteen(15), inclusive, Block
Twenty $ix;(26),Original Plat, of City of Fayetteville,Arkansas,for a term of ten (10)
years with option to purchase said real estate,pursuant to the terms and provisions of a
formal lease agreement as approved by the City Council and made a part of the minutes
of this meeting.
PASSED and.APPROVED November 160 1954.
n Approved
Attest ;.. .
IT y Cleric
COPY OF LEASE AGREEMENT FOLLOWS ON NEXT PAGE.
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LEASE AGREEMENT with Mary E.Byrnes
THIS LEASE AGREEMENT,made and entered into in the City of Fayetteville, Arkansas, ;I
this 16th day of November,1954,by and between Mary E Byrnes,hereina£ter known as Lessor,
the City of Fayetteville,Arkansas,a Municpal Corporation, hereinafter known as Lessees
That for and in consideration of the rents herein reserved and of the covenants
ad agreements herein contained on the part of the lessee to be kept,observed and perform
essor has demised and leased and by these presents demises and leases unto the Lessee, t.
ollowing described real estate situated in the County of Washington,State of Arkansas,
o -wit :
Lots numbered Eight (B) to Fifteen (15), inclusive,Block Twenty'=Six (26),Original P
f the City of Fayetteville, Arkansas,also described as being the West Half(W2) of Block
wenty-Six (26),
TO HAVE AND TO HOLD the above described premises,together with all improvements sit'
ted thereon and with all the rights,privileges,easementsi,and"app"tenances thereunto be
onging unto the lessee and sAbject to existing leases thereon as hereinafter provmded, f
term of ten (10) years commencing on the date of signing of this lease agreement by Les
1. In consideration thereof,the Lessee hereby covemants and agrees to pay to the
essor as rental for said demised premises the sum of Six Thousand Dollars ($6,000.00) er
ear,payable in advance in equal monthly installments of Five Hundred Dollars ($500.00
er month, the First payment to be made upon the date of the signing of this lease agreem
y Lessee, the monthly payments thereafter to be made on theanniversary date of said firs
ayment. The rental for the last five (5) years of the term of this lease,shall, in no ev
e less than the sum of Six Thousand Dollars (569000.00) per year,and shall be ascertains
ad fixed as follows:
(a) If requested by Lessor within sixty (60) days prior torthe end of the fourth
ear oft the aforsaid ten(10) year term of the agreement, between the Lessor,or the then
wner of said above described premises, and the Lessee, or if they shall fail to agree,th
(b) By the appointment by each of the parties hertto of a real estate appraiser a
itrator, which arbitrator shall then select a third person between the parties,as a th
itrator, and the written award or decision of such arbitrators, rendered not later tha
o'clock noon of the last day of the fourth year of the ten (10) year term, fer an amou
not less than the sum of Six Thousand Dollars ($6,000.00), per annum, shall be final a
ding upon the parties hereto and shall be paid in equal monthly installments for the b
e of the term of this lease.
(2) As a further consideration for the leasing of said demised premises,the Lesse
ereby covenants and agrees to and with the Lessor that it will in addition to the rents
eserved:
(a) Pato Lessor upon the execution of this lease by Lessee the sum of Three Tho
ad Dollars (p3,000,00) in cash, for the right to demolish,tear down, destroy,remove and
o salvage for the benefit of Lessee all buildings located upon said above described rea
state with the exception of the two buildings commonly known as the "Red Ball" and "Swi
ocated on the Southeast and Northwest corners respectively of the above described real
state. Lessee agrees to indemnify and hold Lessor harmless from any loss, injury, or cl
or damages of any kind or nature, including claims of those holding liens upon any demi
roperty, which may arise by reason of the demolition and destruction of buildings by Le
nder the terms and provisions of this Lease Agreement.
(b) To assume and to pay all premiums on all existing insurance policies on the
ildings located upon said above described real estate, with the right to cancel said
as policies upon such buildings as may be demolished by Lessee. Lessee shall have the
ght and privilege to replace said existing insurance policies with other policies of
otection; certificates of such policies to be furnished Lessor.
(c) In the event of failure of Lessee to pay the premium or premiums thereon,or
o properly maintain and keep in force said insurance, Lessor shall have the right and p
lege to procure such insurance and to pay the premium or premiums theron,which amounts
hall be deemed so much additional rent,and shall be due and payable with next installme
f rent due thereafter,and if not paid by Lessee promtly then the lease to be subject to
ancellation as may hereinafter be provide herein;
(d) If the buildings so insured shall be partially or totally damaged by fire,or
ause covered by insurance,the same shall,i$ requested by Lessee, be repaired or rebuilt
y the Lessor, to the extent as may be practicable,and only to the extent made possible
he insurance covering them,as speedily as practicable, due allowances being made for th
ime taken for the sbttlement of insurance claims and otherwise, but the rent,hereunder
hall not cease. If,the Lessee does),not request repair or rebuilding of buildings so dam
ged, the proceeds of insurance shall be paid to the Lessor.
(e) To assume all responsibility for public liability and property damage claims
sing out of the tenacy of Lessee and of the tenacy of the "Red Ball"and "Sw&ft"buildi
to indemnify and hold Lessor harmless by reason thereof.
(3) To assume full responsibility for honoring all existing building leases upon
aid above described real estate or for effecting canpellation thereof,copies of ail wri
eases are attacl3ed hereto, marked Exhibits A and B respectively, and made a part of thi
ease Agreement as though set out herein word for word, and to indemnify and hold Lessor
armless from any and all claims,conversies, loss, damage,or default which may arise u
he terms and provisions of said exiting leases or by reason of the tenoy or by reason
ny provision of said leases thereunder from and after the signing of this Lease Agreeme
essor states that all other leases on property are verbal and on a month to month basis
4. It is understood and agreed that there is hereby pledged as much of the net in
erived by Lessee from the use and operation of said above described leased premises,whe
eceived from parking meter revenues, rentals from buildings, or otherwise, \as may be ne
ary to meet the current obligations under this lease agreement,including the monthly re
ayments, together with the costs of maintaining and operating said leased premises or f
he purpose of purchasing said leased premises as hereinafter,in Paragraph 5, provided.
tis further understood and agreed that the first Three Thousand Dollars ($3,000.00) of
eneral revenues credited to the "Off -Street Parking Fund" under the terms and provision
f Ordinance N0.10620 shall be and the same is hereby pledged for the purpose of satisfy
he obligations of Lessee hereunder, and that there shall be maintained in said " Off -St.
arking Fund" a minimum balance of Three Thousamd Dollars ($3,000.00)so long as this lea
areement remains in effect*
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5. It is further mutually agreed that if the Lessee shall have duly fulfilled all
he provisions, agreements,covenants,and conditions of this lease,including the provisi
f this paragraph hereinafter set forth,the Lessor, on the receipt of written notice fir
he Lessee on or after the beginning of the seventh (7th) year, and prior to the end of
he n&nth ('9th) year of the original ten (10) year term of this lease, stating that the
essee elects to exercise the option of purchase of the leased premises pursuant to the
rovisions of this paragraph, will convey at the end of the term of this lease,the leas
remises to the Lessee on and subject to the following conditions:
.1 (a) The purchase price of the leased premises shall be Seventy Thousand Dollars
($70,000.00) to be paid in cash to the Lessor on the date of delivery ofa..deed to said
gremises.
(b) Conveyance of title to the leased premises shall be by warranty deed, free
d clear of all liens and encumbrances, except such as the Lessee may have created or
suffered, and excepting any taxes or assessments, or that may have become a lien against
I
aid premises since the date of this lease agreement, and accompanied by a complete ab-
ctract of title, reflecting a marketable title vested in Lessor, It is agreed that Lessor
may however use all or any.part of purchase price, on orddr to discharge liens or mortgae
that may then be outstanding against the premises.
(c) Delivery of said warranty deed and payment of the purchase price shall be ac-
complished within ninety (90) days after the expiration of the tenth or last year ofl,the
term of this lease. except that if alonger period than ninety (90) days be required for
search and examination of or clearing the title.tt6_the leased premises, the time for de-
livery of a deed shall be extended for a reasonable time.
(d) Until delivery of saiddeed and abstract and payment of the purcgase price
Lessee shall continue to renj: the said premises from Lessor on a month to month basis ane
at the original monthly rental of $500.00 per month, or at such amount of rental in exceF
thereof as may be in effect as a result of the above arbitrator provision. If delay in e;
closing be due ,to fault of Lessor rather than Lessee, then such rentals to be=credited tc
purchase price.
(e) Lessee shall have the right and privilege to give Lessor notice of Lessee's
intention to exercise the aforesaid option to purchase at any time following the end of
the seventh (7th) year of this lease in -which event Lessee shall have the right to de-
molish the above decribed "Swift" and "Red,Ball " buildings upon posting a good and suf-
ficient corporate surety bond with Lessor conditioned that Lessee will exercise its optic
.to purchase said'above described premises during the tenth and last year of the original
ten (10) year term of this lease agreement.
(f) That the tenant acknowledges thatlit has examined and knows the present con-
dition of said demised premises and the buildings now thereon and that no representation$
gas to the demised 'premises or as to the condition or repair thereof were made by the Les•
sor or any one on her•.behalf prior to the execution of this Lease Agreement.
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6. If,prior to the end ofthe,ten (10).year term of this lease, the "Swift" and
'Red Ball" buildings shall be removed ;or destroyed by fire or other casualty, in whole
>r in part, whether insured or not,. this lease agreement and the obligation of the'Lesso
and Lessee hereunder shall not be affbeted,modified or changed. During the term of this
ease Agreement, the Lessee, at its own expense may increase the. amount of fire and ex.
;ended coverage'insurance.carried upon said buildings for the difference in amount between
the insurance carried thereon by the Lessor.and the insurable value of said buildings.
'hat the lossLpayable clause in such insurance policies shall be made payable to Lessee.
7. The Lessee agrees and covenants that the Lessor or agents at all reasonable
rimes and during all reasonable hours shall have free access to said demised premises,
4nd through any-building:or.. strubture:ahat may at�..any�time be thereon,or any part thereof,
for the purpose of examining or inspecting the conditions of the same or of exercising
any right or power reserved to the Lessor under the terms and provisions of this lease
6�1 VVIIIVY v.
Be The Lessee agrees and• covemants that if default shall be made by it, in the
payment of the rent K;rein reserved, and such default shall continue for ninety (90) day
after notice thereof in writing to the Lesseee or its successors, or if default other th
in the payment of -said rent shall be made in the agreements, stipulat#oris ,and covenants
or anof them,to be kept,observed,performed or fulfilled by the Lesse`e,its successors
and ,signs, and said default shall continue for ninety (90) days after notiue thereof in
writing to the Lessee,then and in.such event, it may and shall be lawful for the Lessor
at any time thereafter, without however., waiving. or postponing any right against the Lease
or the right to enforce any bond or other security given for the faithful performance of
the bovenants.and agreements herein contained, to enter into or on the said demised•pron
ises,repossess, expel the Lessee or any one holding under it, its sucessors and assigns,
and remove their effects forcibly,if.necessary, without prejudice to any rights or reme-
dies whether by statute or common law which might otherwise be used, for recihvbnJpg ar-
rears in rent or for brach of any term, uovenant or condition of this lease agreement,
and such 'entry, repossession orsuch expulsion or removal, whether by direct act of the
aforesaid Lessor or through the medium.of legal proceedings for that purpose instituted,
shall not terminate thie.lease agreement nor release the Lessee from any liability for
the payment of any rent stipulated to be paid by this lease agreement or the performance
or fulfillment of any other condition or covemant provided herein, whether before or,aft
such entry, repossession,expulsion or removal by.the Lessor, and in case of such entry t
thesaid Lessor she may lease..or relet the said premises in whole or in part, or the buil
ings and improvements thereon,to any tenant or tenants that may be satisfactory to her,
for the account of the Lessee, and for such term and terms and at such rent ob rentals,
terms and conditions as the Lessor may deem best, and the acceptance of any tenant or
the making of any such lease by ghe Lessor shall be conclusive of the proper discretion
so vested in the Lessor. It being understood and agreed that Lessee shall be liable to
the Lessor for any deficiency in the rental stipulated in this lease. It is agreed that
the various rights and remedies herein contained and reserved to the Lessor shall not be
considered exclusive of any other right or remedy but shall be construed as cumulative
and shall be in addition to every other remedy now or hereafter existing at law, in equj
or by statute.
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9. It is agreed.between the parti6s heretosthat the Lessee shall have the unqual
ght and privilege, at its option,of subletting the above described premises for any
bject only to the terms and provisions of this lease agreement and existing leases
ove mentioned.
10. It is agreed that Lessee shall not have the right to assign this lease
t46ut the prior written consent of Lessor having first been obtained.
11. The Lessee agrees and covenants to pay and discharge all taxes and/or assessmen
ied against said demised premises from and after the signing of this lease agreement
the Lessee.
12. Lessor hereby agrees that Lessee may erect upon said demised premises such buil(
,structures,parking meters, or equipment as Lessee may desire for carrying on Lessee1;
of said demised premises and that Lessee shall have the right to remove only such par]
meters upon the termination of this lease by fulfillment of the terms hereof or other,
13. This Lease Agreement shall be binding upon the respective parties hereto and
.r heirs,executors, administrators,sucessors and assigns.
IN WITNESS WHEREOF, the partiE.S hereto have set their hands and seals this
day of November, 1954.
WITNESSES:
Mrs.Emma Barnes
Mrs.J.Wythe Walker
A C K N O W L E D G N'. E N T
MARY E.BYRNES,Lesnor
CITY OF FAYETTF.VILLE,A]3KANSASsA
Municipal Corporation,Lessees
By
ROY A COT ,, MA OR
ATTEST:
J •i :MCGh;HEE City Clerk
TATE OF ARKANSAS) SS
OUNTY OF WASHINGTON)
BE IT REMEPIBERED, that on this day,be-fore mesa Notary Public within and for said
ounty and State,duly commissioned and actingspersonally appeared Mary E.Byrnes,to me,
ell known as the Lessor -in the above and.foregoing Lease Agreement, and stated that she
ad executed same for the consideration and purposes therein mentioned and set forth.
WIT14ESS my hand and seal on this 10th day of November, 1954.
(SEAL)
James a er,No ary c.
My Commission expires: 3/18/56.
PATE OF ARKANSAS ) SS
AUNTY OF WASHINGTON)
BE IT REMEMBERED, that on this day, before me, a Notary Public within and for said
unty and State, duly commissioned and acting, personally appeared Roy A.Scott and J.W.
Gehee, to me well known as the Mayor and City Clerk,respectivelys of the City of Fayett
lle,Arkansass a municipal corporation, Lessee in the above and fore going Lease Agreeme
d stated that they had executed same for consideration and purposes therein mentioned
d set forth.
WITNESS my hand and seal on this 16th day of November, 1954.
(SEAL)
My Commission Expires: September 1, 1958.
Pearl Thompson, Notary Public.
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THIS LEASE, made amd entered into on this 13th day of January, 1947 by and between
ary E,Byrness of Fayetteville, ArItansaas hereinafter called the Lessor, and the Red Balli
ransfer and Storage Company, Inc., an Arkansas Corporation, hereinafter called the Lessee..
ITNESSEBH:
1. The Lessor hereby leases and demises to said Lessee the following described
eal estate situated in Washington County, Arkansas, to -wit:
The building and properties now occupied by said Lessee and sitlated in the South
Half of the West Half of Block Twenty -Six of the Original Plat of Town (now City)
of Fatettevilles Arkansassand known as 118 West Mountain Street, Fayetteville,
Arkansas,
a term of five (5) years beginning February 1,1947, at a monthly rental of One Hundre
00.00) Dollars per month. The first monthly payment being due on the lst day of Februs
7 and a like payment being due on the first day of each snd::every month thereafter dur
said term.
2. Said Lessee is'hereby granted the option and privilege of renewing.this,lease
the end of tha aforesaid term for an additional term of five years upon the same terms
conditions as herein set out.
3. The Lessor will pay all taxes of every kind -and nature which are assessed or
said lands and premises during the term of this lease.
4. The Lessee will pay all taxes which may be levied or assedaed as a result of
operation of its business at said premises.
5. The Lessee shall not assign this lease or sub -let any part of said premises
thout written consent of the Less -or first having been obtained in writing.
6. The Lessee agrees tp pay the rent as aforesaid, punctually and upon the terms
t out herein.
7. It is agreed that in the event the building situated on said premises should
destroyed by fire,windstorm,tornado,or other casualty, or so badly damaged thereby t.
Lessor elected not to repair same;th6# the obligation of the Lessee to pay the rent
aforesaid shall upon its election be terminated.
IN WITNESS WHEREOF,the parties have hereunto set their hands and seals on this
day of January, 1947, each acknowkedging receipt of a duly executed copy hereof.
/s/ Mary E.Byrnes
Mary E.Byrnes,Lessor
Red Ball Transfer & Storage
By Isl Mildred Joyce Trottdr
MilTr�ed Joycere eri� , Sec &
A C K N O W L E D G M E N T
TATE OF ARKANSAS )
OIINTY OF WASHINGTON)
BE IT REMEMBERED that on this day before mesa Notary Public within and for said
ounty and State,dyly:�commissioned and acting, personally appeared Mary E.Byrnessto me
ell known as the person who executed the foregoing lease as Lessor, and stated that she
xecuted same for the consideration and purposes therein mentioned and sdt forth,
itness my hand and seal as such Notary Public on this 13th day of January,1947.
(SEAL) /a/ James R.Hale
My Commission Ekpires October 3, 1949 James 'R=.Ha Pub=c
A C K N 0 W L E D G MEE N T
PATE OF ARKANSAS )
OUNTY OF WASHINGTON)
BE IT REMEMBERED that on this day before me, a Notary Public within and for said
ounty and State, duly commissioned and actibngs personally appeared Mildred Joyce Trotte
o me well known as Secretary and Treasurer of Red Ball Transfer & Storage Company, Inc.
nd stated that she executed the foregoing leade in the capacity therein mentioned and
or the consideration and purposes therein mentioned and set forth. Witness my hand and
eal as such Notary Public on this 13th day of January,1947.
(SEAL)
My Commission Expires October 3, 1949.
/s/ James R.Hale
James R.Hale.9 Notary"Public
P
Inc.,
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(COPY )
RATIFICATION AND MODIFICATION OF LEASE
• This instrument, made and entered into on this 29th day of July,19499by and between
Mary E.Byrnes, of Fayetteville, Arkansas,hereinafter called the Lessor, and Red Ball
Transfer and Storage Company, Inc.,an Arkansas Corporation, hereinafter called the Les
WITNESSETH: that
WHEREAS, the parties hereto made and entered into a lease agreement on January 13
,in words and figures as follows,to-wit:
LEASE
HIS LEASE, made and entered into on this 13th day of January, 1947, by and between
ary E.Byrnes of Fayetteville, Arkansas,hereinafter called the Lessor,and Red Ball Trans
nd Storage Company, Inc.,an Arkansas corporation,hereinafter called the Lessee, WITNESS
1.The Lessor hereby leases and demises to said Lessee the following described
eal estate situated in Washington County, Arkansas, to -wit:
The building and properties .now occupied by said Lessee and situated in the
South Half of the West Half of Block Twenty -Six (26) of the Original Plat of the 'Sown
(now City ) of Fayetteville, Arkansas, and known as 118 West Mountain Street,Fayettevill
Arkansas,
for a term of five (5) years beginning February 1,1947,at a monthly rental of
one hundred ($100«00) dollars per month; the first monthly payment being.due on the 1st
day of February, 1947,and a like payment being due on the first day of each and every
month thereafter during said term.
2. The said Lessee is hereby granted the option and privilege of.renewing this
lease at the end of the aforesaid term for an additional term of five (5) years upon the
same terms and conditions as herein set out.
~' 3. The Lessor will pay all taxes and asessments of every kind and nature which
Ire assessed or levied on said lands and premises during the term of this lease.
4. The Lessee will pay all taxes which may be levied or assessed as a result of
the operation of its business at said premises.
k 5. The Lessee shall not assign this lease or sub -let any part of said premises
without written consent of the Lessor first having been obtained in -writing.
6. The Lessee agrees to pay the rent as aforesaid, punctually and upon the terms
set out herein.
7. It is agreed that in the event the building situated on said premises should b
stroyed by fire,windstorm, tornado,or other casualty, or so badly damaged thereby that
e Lessor elected not to repair the same, then the obligation of the Lessee to pay the
nt as aforesaid shall upon its election be terminated.
IN WITNESS WHEREOF,the
parties have hereiurto
set
their
hands and
seals on this'
day of January, 1947,each
acknowledging receipt
of
a duly
executed
copy thereof.
/s/ MaryE.Byrnes, Lessor.
Mary yrnes'I essor
Red Ball Transfer and Storage Co., Inc.
By /s/ MI1dred Joyce Trotter
MiTdre Joyce o ter, Secretary & Treasurer.
ACKNOWLEDGMENT
STATE OF ARKANSAS
OUNTY OF WASHINGTON
E IT REMEMBERED that on this day before me, a Notary Public within and for said Count
nd State, duly commissioned and acting, personally appeared Mary E.Byrnes,to me well
s the person who executed the foregoing lease as Lessor, and stated that she executed
ame for the consideration and purposes therein mentioned andcsset forth.
tness my hand and seal as such Notary Public on this 13th day of January, 1947.
(SEAL) /s/ James R.Hale
My Commission Expires 10-3-49 James ale, Notary Public
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF WASHINGTON
TE IT REMEMBERED.. that on this day before me. a Notary Public within and for said County
and State,duly commissioned and acting, personally appeared Mildred Joyce Trotter, to me
well known as the Secretary and Treasurer of Red Ball Transfer and Storage Company,Inc.,
and Stated that she executed the forego.ij.ng lease in the capacity therein mentioned and =::L
for:.ttLe consideration and purposes theein mentioned and set forth,
'Witness my hand and seal as such Notary Public on this 13th day of January, 1947.
(SEAL) /s/ James R.Hale
My Commission Expires 10-3-49 James R.Hale, Notary Public.
AND WHEREAS, the parties hereto desire to ratify and confirm the aforesaid lease,as
• modified herein,
IT IS,THEREFORE, by the parties agreed as follows, in consideration of the sum of
One Dollar ($1:00) in hand paid by the Lessee to the Lessor, and in further consideration
of mAtual covemants, prombses and agreements herein set forth,it is hereby agreed as fol1W
1. The Lessor hereby leases and demises to the Lessee the following described realt
estate, situated in Washington County, Arkansas, to -wit:
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The Building and properties now occupied by said Lessee and situated in the South
Half of the West Half of Block 26 of the Original Plat of the Town (now City) of Fayette-
ville, Arkansas, and known as 118 West Mountain Street,in the City of Fayetteville, Arkansas, •
together with all appurtenances thereunto e&Ig
pperiing,
a term of five (5) years,beginning February.1,1947,at a monthly rental of one hundred
00.00) dollars per month,the first monthly pagment being due on the first day of Febru
, 1947s and a like payment being due -on the first day ofeach and every month thereafte:
Ing said term,it being agreed by the Lessor that all of the rents on said premises fro]
period from February 1,1947 to this date has been paid and the receipt whereof is her
acknowledged,
2. The said Lessee is hereby granted the option and privilege of renewing this lea e
the end of tha aforesaid term for an additional term of ten (10) years,upon the same
rms and conditions as herein set out.
yr
3. The Lessor will pay taxes and assessments of every kind and nature which are ass
ssed or levied on said lands and premises during the termcof this lease.
4. The Lessee will pay all taxes which may be levied or assessed as a result of the
oration of its business at said premises.
5. The Lessee will pay the said rent .at the time and in the manner aforesaid,
in case of fire or other unavoidable casualty as hereinafter provided.
6. The Lessee will propmtly pay all gas,electric light, and water rates or charges
ich may become payable during the continuance of this lease for gas, electric light, an
ter used on said premises.
7. The Lesseerwill keep all and singular the said building and premises, in such
air as the same are at the commencement of the said term or may.be put in during the
tinuance thereofp reasonable wear and tear and damage by dire or other unavoidable
ualty only excepted, and will promptlYreplace all glass thereof broken during said t
other of the same size and quality.
I. S. The Lessee agrees that it will not make alterations or additions in or to the
premises without the written consent of the Lessor,nor to suffer any holes to be made or
drilled in the outside stone or brick,nor to suffer any signs to be tlaced upon the built
ing except such as the Lessor shall in writing approve. It is agreed that the Lessee has
made certain alterations to said premises, which actions on its part are hereby approved
by the Lessor.
9.All property of any kind that may be on the premises during the continuance of
this lease shall be at the sole risk of the Lessee,and that the Lessor shall not be liab:
to the Lessee or any other person for any injury,or loss,or damage.to property or to any
person on the premises.
10. Provided,always,and these presents are upon this condition, that if the Lessee)
or his representatives or assigns shall,neglect or fail to perform and observe any cove-
nant herein contained which,on the Lessee's part is to be performed, or if his leasehold
.estate shall be taken on execution, or if the Lessee shall be declared bankrupt or insolv-
ent according to law, or shall make an assignment for the benefit of 13.i.s creditors,then
and in such case the Lessor,or those having its estate in the premises lawfully may, imme-
diately or at any time thereafter, and without notice or demand,enter into and upon the
demised premises -or any part thereof in the name of the whole, and repossess the same as
of their.former estate, and expel the Lessee and those claiming nuder it and remove their
effects, forcibly, if necessary, without being taken or deemed to be guilty of any manner
of.trespass, and thereuponthis lease shall absolutely determine, without prejudice to any
remedies which might otherwise be used by the Lessor for arrears of rent or any breach of
the Lessee's covenants herein contained. IJ y
11. Provided, also, that in case the demised premises or any part thereof shall atl
y time during the said term be destroyed.or damaged by fire or other unavoidable casualty
as to be unfit for occupancy and use, and so that the premises cannot be rebuilt or reI
ored by the Lessor within sixty days thereafter, then and in that case this lease shall)
termines but if the premises can be rebuilt or restored withbn sixty days, the Lessor
.all at her own expense and with due.diligence so rebuild or restore the premises,and a
at and proportionate part of the rents hereby reserved shall be paid by the Lessee until
e premises shall have been so rebuilt or restored.
/s/ MARY E.Byrnes
ary E.Byrnes, Lessor
Red Ball Transfer & Storage Co.,Inc.,Lessee.
By /s/ J.W.Gabel
J.W.ua e , Presrffent.
ACKNOWLEDGMENT
STATE OF ARKANSAS `)
COUNTY 6F WASHINGTON)
BE IT REMEMBERED,that on this day before me, a Notary Public within and for said County
and State, duly commissioned and acting, persmnally appeared Mary E.Byrnes, to me well known
as the person who executed the foregoing lea#e as Lessor, and stated that she executed thi same
for the consideration and purposes ther9in mentioned and set forth.
Witness my hand and seal as:�-such Notary Public on this 29th day of July, 1949.
(SEAL) /s/ James R.Hale
My Commission Expires :10-3-49 Notary FUME
ACKNOWLEDGMENT
STATE OF ARKANSAS ) •
COUNTY OF WASHINGTON)
BE IT REMEMBERED, that on this day before me, a Notary Public within and for said
County andStatesduly commissioned and acting, personally appeared J.W.Gabel, to me well
toted taR tforereMent of ?ted Rall Tre yar end Storage Company Inc. and st tded ttiat he ex-
osea therio mentionS�aend n t e cappac t t1flein mentioned and for tie cons Brat Qqn and ��;44��r-
P set forth. Wi ness my hand and seal as such Notary .Pub is on tUS
29thday of July, 1949. (SEAL) My Commission Expires 10-3-49. /s/JameBZR.Hale
0
•
t
Fayetteville, Arkansas
September 20, 1051
rs.Mary E.Byrnes
28 East Lafayette Street
ayetteville, Arkansas
8
ar Mrs. Byrnes:
Re: Lease on Red Ball Transfer and Storage Company Props
u will recall that on July 29,1949, you and we entered into a new lease on the property
w occupied by us. And that this lease, which was for a five year term beginning Februar
1947 and ending on February 1, 1952, provided that we had the option to renew the lease
the end of that five year term for an additional term of ten years,upon the same terms
d conditions as set out in that lease.
order that you know our intentions relative to the exercise of this option,and in or
t there be no misunderstanding in the matter, this letter is to advise you that we h
cted and hereby elect to exercise our option to renew our lease for the additional t
r term mentioned in our present lease.
th kindest personal regards, we are
RED BALL TRANSFER AND STIRAGE CO*9
By J.W.Gabel,Mamager.
hereby acknowledge receipt of the original of this hletter ron this _day of September,195
(
Mary E,Byrnea (COPY OF WRITTEN CONSENT .to SUB -RENT
/( � �,
Mary acnes ( This is written consent for the Red Ball T RFS, STGE. Co.INC., h
Dora Benbrook ( to sub -rent to Earl Hall and Griff Wilson a part of the Bldg.
Dora
Benrook( which the Red Ball Trfs,& Stge, Co.Inc.now occupys and leases
( from Mrs, Mary E Byrnes. s/ Mary E.Byrnes, Lessor
/a/ Mrs.Dorothy Benbrook.
COPY -LEASE- � � � _
HIS
AGREEMENT
made
by and between Mrs
Dorothy Benbrook of Fayetteville, Arkansas,herein-
fter
referred
to as
Lessor, and Swift
& Company, a corporation, hereinafter referred to
s Lessee, II
WITNESSETH: That Lessor hereby demises and leases to -Lessee the following described
remises together with any buildings and improvements thereon and appurtenances thereto
elonging situated inFayetteville,Arkansas, to -wit:
The two (2) story Brick Building, including one (1) story addition in immediate
lear,known as 123 West CenterStreet in the Original Town of Fayetteville, Washington County,
TO HAVE AND TO HALD said premises for the term commencing on the 18th day of
ebruary, 1954s and ending on the 17th day of Febryary, 1955,and thereafter if Lessee cc
inues to occupy said premises without further arrangement, the term hereof shall contin
ntil either party shall give the other thirty (30) days' written notice of intention to
erminate. blip
AND IN CONSIDERATION thereofkthe flllowing'covenants and agreements, the parti
ereto covenant and agree as follows: V
1.
Lessee shall pay
to Lessor Fifty and no
050.00) Dollars rent per m
2.
Lessor shall put
and keep said premises in
a good and tenantable state of
repair
during the term of
this lease or any renewal
or extension thereof..
3. This lease may be terminated by Lessee if the premises are wholly or tartivIly
stroyed or rendered untenantable by fire, casualty or otherwise,or in case the premises
any material part thereof or part materially affecting Lessee's operations or volume of
oduction shall be taken under the power of eminent domain, inwhieh event rent shall abate
d the unearned rental shall be refunded. In the event.of partial destruation,untenant-I
glity or taking and the continuance of this iease,rent shall abate proportionately accord
g to ,the extent and nature of the injury of taking and its effect on Lesse'e's operation's
d 46iume of production.
4. At or prior to the termination of this lease or any extension or renewal thereof,
or within ten days thereafter, Lessee shall have the right to'remove any and all buildings,
Mixtures or equipment placed or ac4uired by Lessee or its assignors in,on or upon said .I
F -premises under this or any previous lease.
5. This Lease may be terminated at any time whatsoever regardless of when rent is
payable,the type.of tenancy or the terms specified hereunder, by Lessee giving thirty (30)
days' written notice to Lessor of Lessee's election to so terminate this lease.
6. At.the expiration of this lease, Lessee shallsurrender said premises to Lessor
in as good general condition as they were when entered upon,damage or destruction by fire,
unavoidable casualties, weakness or decayxeontemplated use,failure of Lessor to repair as
provided in Clause 2 hereof,and usual wear and tear excepted.
7. At any time during the term hereof, Les4ee shall have the right at Lesseels Opti
Ito renew and extend this lease for the further period of one year on the same terms andl
conditions as contained herein.'
8. Lessee shall have the right to sublease the premises but dhall remain liable f
all its obligations heredinder.
9.'Any notice hereunder shall be deemed properly given if sent by registered mail
to the Lessor at Fayetteville, Arkansas, and to the Lessee at Union Stock Yards, Chicagc
9, Illinois.
IN WITNE55 WHEREOF, the parties hereto havt: cauded this instrument to be signed,se
and delivered this 12th day of January, A.D.,1954.
/s/ Mrs Dorothy Benbrook
LON
SWIFT & COMPANY
By /s/ J.M.Mopwood (SEAL)
on1
86
Alderman Pratt introduced <InAN ORDINANCE ANNEXING CERTAIN TEHRITORY TO THE CITY OF FAYETTAVILLE
RRKANSAS,ASSIGNING SAID TERRITORY TO A WARD AND FOR OTHER PURY0Sh81?,
The Ordinance was read in its entirety, and Alderman Richardson itade a motion that the
Ordinance pass, and on roll call by the Clerk, the following vote was recorded:Ayes:
Richardson,Burge, Hunt, Pratt, Williams, McAllister, Heflin and Alexander. Nays:None,
And the Mayor declared the Ordinance passed, as there were 8 Ayes, and no nays,
Copy Of ORDINANCE N0. 1074,
AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE CITY OF FAYETTEVILLE,ARKANSAS,ASSIGN-
ING SAID TERRITORY TO A WARD AND FOR OTHER PURPOSES:
WHEREAS, the County Court of Washington County,Arkansas, did, on September 27,1954,
make an order annexing certain territory tibthe City of Fayetteville, Arkansas; and
iV EREAS,after the expiration of thirty days,there having been no appeal taken from
said Order of Annexation, the County Clerk of Washington County, Arkansas, caused a cer-
tified copy of said order of annexation together with an accurate plat or map of said
territory to be filed with the Secretary'of State, of the State if Arkansas,and with the
City Clerk of the City of Fayetteville, Arkansas;
NOW,THEREFORE,BE IT ORDAINED by the City Council of the City of Fayetteville,Arkansas;
Section 1. That the annexation to the City of Fayetteville, Arkansas, of the fol-
lowing described property, lying and being adjacent to the presenj corporate boundary of
the City of Fayetteville, Arkansas, situate in Washington County,Arkansas, to -wit:
A part of the South Half of the Southeast quarter of the Northwest quarter of
Section Seventeen (17), Township Sixteen (16).North, Range Thirty (30) West, more partici
ularly described as beginning at the Southeast corner of the above described twenty -acre
tract and running thence North 660 feet,thence West 350 feet,thence South 660 feet, thence
East 350 feet to the place of beginning
be and the same is hereby accepted and said lands shall henceforth be a part pf Ward
Four (4) of the City of Fayetteville, Arkansas.
SECTION 2. All Ordinances or parts of Ordinances in conflict herewith are hereby
pealed,and this Ordinance shall be in full force and effect from and after its passage.
PASSED this 16th day of November,1954,
Approved
Attest: May
C y Cleric
Wesley Gordon, represehtin&,the Chamber of Commerce made a request that the Council
y part of the expense of i.nst Wiling the Christmas Decorations, or to furnish the labor,
Leh he estimated woVl.d i3mouhbtiyto about $500.00, Alderman Pratt made a motion that the
ty furnish the labor for the installation of the Chrismas Decorations, this motion wast
conded by Alderman Heflin, and was passed unanimously by the Council.,
Alderman McAllister brought up the question of the dangerous condition that exist
n the East end of North Street along the South side of The Clay Yoe Property, and after
iscussion ,Alderman Hunt made a motion that temporarilyf North Street•be made One -Way fc
raffie going West from Mission Avenue to West Lakeside Avenue, ,this motion we
econded by Alderman Pratt, and was passed unanimously by the Council;
The City Attorney Introduced V AN ORDINANCE AMENDING ZONMNG ORDINANCE NO. 1008
PPROVED OCTOBER 220 1951, REZONING AND ADOPTING BY REFERENCE THERETO -ZONING ORDINANCE
0. 1002 A'_'PROVED SEPTEMBER 102195loAS AMENDED BY ORDINANCE N0:1005 APPROVED OCTOBER 8,
9512TO REZONE CERTAIN REAL ESTATE FROM ZONE "A" RESIDENCE DISTRICT TO ZONE "D" MULTIPLE
AMILY RESIDENCE DISTRICT, AND TO REZONE CERTAIN REAL EST ATE FROM ZONE "B" TWO FAMILY
ESIDENCE DISTRICT TO ZONE "D" MULTIPLE FAMILY RESIDENCE DISTRICT."
The Ordinance was read in its entirety by the City Attorney, after discussion, Alder -
an McAllister made a motion that all rules be suspended and the Ordinance passed, this motion
as seconded by Alderman Heflin, and on roll call by the Clerk, the following vote was re-
orded:Ayes: Burge, Hunt,Williams, McAllister, Heflin and Alexander. Nays :Richardson and
ratt. And the Mayor declared the motion lost,", as there were 6 Ayes, and 2 nayse since
t woVld require a unanimous vote to suspenc7the rules and pass the Ordinance.
Alderman McAllister then made a motion to suspend the rules and place the Or-
inance on its second reading, this motion was seconded by Alderman Heflin, and on roll
all by the Clerk, the following vote was recorded: Ayes: Burge, Hunt, Williams, McAllister,
eflin and Alexander. Nays: Richardson and Pratt. And the Mayor declared the motion carried,
s there were 6 Ayes, and 2 Nays,
The Ordinance was then read the second time, and after discussion, Alderman Wil-
iams made a motion that it be left on its second reading, this motion was seconded by
lderman Pratt, and•on roll call by the Clerk, the following vote was recorded : Ayes:
ichardson, Pratt and Williams. Nays: Burge, Ht$nt,McAllister, Heflin and Alexandere and
he Mayor declared the motion lost , as there were 5 Nays, and 3 Ayes. -
Alderman McAllister then made a motion•that the rules be further suspended and
he Ordinance placed on its third reading, this motion was seconded by Alderman Heflin,
nd on roll call by the Clerk, the following vote -was recorded: Ayes: Burge, Hunt, McAllister,
eflin and Alexander. Nays: Richardson, Pratt and Williams. And the Mayor declared &he
otion lost, as there were 5 Ayes, and 3 Nays,and that the Ordinance would remain on its
econd reading. _
There being no further business, Alderman Richardson made a motion to adjourn, this
notion was seconded by Alderman Burge, and was passed unanimously by the Council, and the
Mayor declared the Council adjourned, and stated the next regular meeting would be December •
5th, 1954. A
Attest To le Approved; q/)
y er t 414ayol