HomeMy WebLinkAbout09-72 RESOLUTION1
RESOLUTION NO. 4'
BE IT RESOLVED by the Board. of Directors of the City of
Fayetteville, Arkansas:
That the Mayor and City. Clerk be and they hereby are
authorized and directed to execute one certain lease agreement
between the City of Fayetteville, Arkansas, and Herman Jones,
a copy of which is attached hereto, marked exhibit "A" and
made a part hereof.
PASSED AND APPROVED this
e
ATTEST.:...
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CITY CL
�th day of '77i
APPROVED:
1972.
LEASE AGREEMENT
THIS LEASE made and entered into this 77/./ day of .1, %C4
1972, by and between the City of Fayetteville, Arkansas, a municipal corporation,
hereinafter called "Lessor" and Herman Jones, hereinafter called "Lessee".
WITNESSETH:
That the Lessor, in consideration of the rents, covenants and purposes
hereinafter set out does hereby let, lease and demise unto the Lessee, for the
period beginning April 1, 1972 and ending March 31, 1973, the following described
property situated in Washington County, Arkansas to -wit:
All that part of the North 30 acres of the Northwest Quarter (NW1/4)
of the Southwest Quarter (SW1/4) of Section 23, Township 16 North,
Range 30 West, lying West of the Industrial Park Road Right -of -Way;
containing approximately 17 acres more or less.
To have and to hold the same unto the Lessee for and during the term
aforesaid, upon the terms and conditions hereinafter expressed.
1. As a total rental, for the period as aforesaid, Lessee shall pay the.
Lessor upon the execution of this lease the sum of $77.80, receipt whereof is
hereby acknowledged.
2. This lease shall be for the sole purpose of cultivating the land
leased and growing crops thereon. Lessee agrees that he will work and cultivate
said lands at all times during the term hereof in a good and husbandlike manner.
Lessee agrees that he will keep all fence rows, windrows and drains free and.clear
of weeds, underbrush and obstructions at all times.
3. Lessee shall at his own cost and expense keep and maintain the property
herein demised in a good condition and state of mainten
ce, and to that end agrees
•to fertilize the land and return it to the Lessor in as close to the original con-
dition as possible. Lessee agrees that he will not permit any public nuisance to
exist on said lands.
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4. Lessee shall erect no improvements on said property, and shall construct
no additional fences, gates or other structures thereon,. without the prior written
consent of the Lessor.
5. Lessee shall not cut, remove or carry off nor allow to be cut, removed
or carried off, from said real estate any tree, soil, rock, or minerals of any kind
whatsoever. Further, Lessee specifically covenants that he will not himself hunt
or allow hunting by any person or persons on said premises
LEASE AGREEMENT
PAGE TWO
6. It is further agreed that Lessor or its agent shall at all times
during the term'hereof have the right to enter upon said real estate for the'
purpose of inspecting same.
7. The Lessor shall have the right and privilege of granting easements
for public utilities and for other purposes, on, over, under and across all or
any part of said land, without incurring damages or liability to Lessee, and any
compensation paid for damages to land or growing crops shall belong to Lessor. If
utilities now or hereafter existing on said premises requrie maintenance, the
Lessee shall have no claim against Lessor by reason of damages to crops resulting
from said maintenance.
8. It is specifically understood and agreed that Lessor shall be entitled
to enter upon said leased real estate for the purpose of constructing in, on, over,
under, through and across all or any part of said leased real estate, rights of way,
roads, ditches and other works for the purpose of travel, drainage, or for any other
purpose, as Lessor in his own judgment may require without the necessity of having.
to pay any compensation to Lessee as damages by reason of the taking or construction.
9. In the event Lessee shall fail or refuse to comply with any of the terms
and conditions. of this lease, or in the event a more profitable or desirable use of
the land as determined by the Lessor, Lessor shall have the right any time to
terminate this lease by giving thirty (30) days written notice to Lessee by Certified
Mail at the Lessee's last known address.
10. The Lessee shall not assign this lease agreement or sublet or lease any
part of the real estate hereby demised without first obtaining the written consent
of the Lessor.
11. It is specifically understood and agreed that upon execution of this lease,
all prior leases by and between the parties hereto and including leases entered into
on May 1, 1969, and March 26, 1970, and April 18, 1971, are superseded for the period
beginning April 1, 1972, and that the provisions of this lease constitute the entire
agreement between the parties hereto.
12. It is further specifically understood and agreed that Lessor contemplates
the construction of a road and water and/or sewer line in, on, over, under, through
and across a part of said leased real estate, and that pursuant
the Lessor may do so without the necessity of having to pay any
Lessee for damages by reason of the taking or construction.
to paragraph 8 above,
compensation to
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LEASE AGREEMENT
PAGE THREE
IN WITNESS WHEREOF the parties have hereunto set their hands in duplicate
original on the date hereinabove first written.
ATTEST:
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CITY OF FAYETTEVILLE, ARKANSAS
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ADMINISTRATIVE MEMORANDUM # 213
TO: City Board of Directors
FROM: Pat J. Tobin, Acting City Manager
DATE: March 2,1972
SUBJECT: Lease agreement between City of Fayetteville and Herman Jones for the
leasing of approximately 17 acres in the Northwest corner of Industrial
Park -- Map attached to proposed lease agreement.
A current leaseagreement between Herman Jones and the City expires on March 31,
1972. The current lease involves that portion on the attached map colored in yellow
plus that portion of land lying east of the Industrial Park Road to Happy Hollow Road
and bounded on the South by the Animal Shelter and on the North by the City Shop.
The proposed lease provides for leasing only that portion on the attached map
marked in yellow. The represents a 43% reduction in the amount of land proposed to be
leased.
The current lease provides for payment by Mr. Jones to the City $136.50. The
proposed lease provides for a reduction in the lease payment of 43% or $77.80.
.Term of lease is one (1) year with a thirty (30) day cancellation clause.
Formal competitive bids were not requested on this lease in view of (1) the small
parcel of property involved (about 17 acres); (2) the short term nature of the lease;
and (3) the short cancellation clause.
Recommendation:
That the Acting City Manager be authorized to execute the lease on behalf of the
City.
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