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HomeMy WebLinkAbout27-73 RESOLUTIONRESOLUTION NO. 27-73 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 a lease with the Fayetteville School District Number 1 for park areas. A copy of the lease is attached hereto, marked Exhibit "A", and made a part hereof. PASSED AND APPROVED THIS 3A-1 DAY OF 1973. ATTEST: • • • APPROVED:' t • ,., Li/4w Pal • MAYOR LEASE AGREEMENT This indenture of lease made and entered into this 11) th day of K rA , 1973 by and between the Fayetteville School District No. 1, herein called the School District, a pub- lic 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 twenty-five (25) years, from and after this date, and for such period of extension thereafter as here- inafter mentioned; those tracts of land in the City of Fayette- ville, Arkansas, more particularly described as follows: A tract of land situated in the NE1/4 of the NE1/4 and the SE1/4 of the NE1/4 of Section 10, Township -16 -North, Range -30 -West and being more particularly described as follows: Beginning at a point which is 1,078 ft. East more or less and 155 ft. South more or less from the SW corner of the NE1/4 of the NE1/4 of said Section 10; thence North 250 ft. more or less; thence'approximately N78°E 200 ft. more or less; thence North 400 ft. more or less to the South Right of Way line of Highway 45; thence with said Right o f Way line of Highway 45, 70 ft. more or less; thence South 730 ft. more or less; thence West 253 ft. more or less to the Point of Beginning. (Tract A); also A tract of land situated in the SW1/4 of the SW1/4 of Section 16, Township -16 -North, Range -30 -West and being more particularly described as follows: Beginning at a point which is approximately 355 ft. North and approximately 215 ft. East of the SW Corner of said 40 acre tract, said beginning point being a point on the North Right of Way line of U.S. Highway 62 at its inter- section with the East Right of Way line of Garland Avenue; thence Northwesterly along said East Right of Way line of Garland Avenue approximately 680 ft.; thence North still following the East Right of Way line of Garland Avenue approximately 400 ft. to the intersection of the South Right of Way of California Boulevard;'thence in a South- e asternly direction approximately 180 ft. following said South Right of Way of California Boulevard; thence con- t aining East along said Right of Way line approximately 165 ft.; thence South 575'; thence East 180'; thence South approximately 40.3 ft. to the North Right of Way line of Highway 62; thence West approximately 335 ft. along said North Right of Way line of Highway 62 to the Point of Beginning. (Tract B); also • Page 2 - Lease Agreement A tract of land situated in the NE1/4 of the NW1/4 of Section 8, Township -16 -North, Range -30 -West and being des- cribed as the East 1/2 of the South 1/2 of said 40 acre tract and being 10 acres in all more or less. (Tract C); also A tract of land situated in the SW1/4 of the SW1/4 of Section 15, Township -16 -North, Range -30 -West, being more particularly described as follows: Beginning at a point which is 330 ft. East and 15 ft. North of the SW Corner of said 40 acre tract; thence North 200 ft. more .or less; thence East 150 ft. more or less; thence North 85 ft. more or less to the South Right of Way line of Sixth Street; thence East along said Right of Way line approximately 105 ft.; thence South 285 ft. to the North Right of Way line of Seventh Street; thence West along said Right of Way line 225 ft. more or less to the point of be- ginning. (Tract D); also A tract of land situated in the NE1/4 of the SW1/4 of Section 14, Township -16 -North, Range -30 -West, and being described as the S1/2 of the SE1/4 of the NE1/4 of the SW1/4 of. said Section 14. Township -16 -North, Range -30 - West and being in all five acres more or less, said tract being subject to a 50 ft. wide easement across the West side of the property. (Tract E); also A tract of land situated in the NE1/4 of the NW1/4 and the NW1/4 of the NE1/4 of Section 36, Township -16 -North, Range -30 -West, and being more particularly described as follows: Beginning at the SE Corner of the NE1/4 of the NW1/4 of said Section 36, said point being on the South line of the tract herein described; thence West 504.6 ft. to the East line of Old Missouri Road; thence N04°45'E along said East line a distance of 280 ft. more or less; thence East 580 ft. more or less; thence North 450 ft. more or less; thence East 200 ft. more or less; thence S33°11'E 152.23 ft.; thence S24°08'W 204.09 ft.; thence South 415.51 ft.; thence West 293.51 ft. to the Point of Beginning. (Tract F); also and the rental for the full period of this lease shall be deemed to have been fully paid. 2. The City agrees that it shall and will, upon approval of federal grants, proceed to complete upon said lands, municipal parks, according to plans and specifications prepared and to be prepared by McClellan Consulting Engineers, Inc., by and with the advice and approval of the Board of Directors of the City. 3. School District agrees that it will, at its own expense, mow and maintain all of theabove describedsites during the term of this lease except the baseball diamond to be constructed on the Asbell Park Site (Tract C) which City agrees will be main- tained by the City at its own expense. Page 3 - Lease Agreement 4. When the park facilities and equipment are installed and completed, School District agrees that it will, at its own expense, mow and maintain all park facilities and equipment during the months when school is in session in the schools located adjacent to the above described sites. 5. City agrees that it will, at its own cost and expense; n ow 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. 6. 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, costs incurred for electricity, gas, water, sewer, and sanitation. 7. 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. 8. In consideration of the commitments of the School District hereinabove set forth, the School District shallbe 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. 9. In the event a disagreement or controversy shall arise between the City a d the School District with respect to the use o f 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. 10. In case any portion of the park facilities are damaged o r destroyed by any cause against which insurance coverage is • Page 4 - Lease Agreement 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 o f the term of this lease, the City shall have the right to remove any improvements then existing upon the real estate, if it -so e lects, without the payment of any compensation to the School Dis- t rict, or it may leave the improvements upon the real estate and they shall become the property of the School District, at the expiration hereof. 11. The parties, in making this agreement, have entered into it with hope and belief that the use of the facilities shall be o f great advantage and benefit both to the people of the City and o f the'School District, and they pledge to each other that on all o ccasions, when and if questions arise concerning the true intent and meaning of this contract, they will endeavor to so treat with e ach 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. 12. The parties agree that neither will ever make, or under- take 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, corpor- ations, clubs and associations along the line and forthe purposes hereinabove set forth, and, in no case, in contravention thereof. 111111.161/44 •I14 Page 5 - Lease Agreement IN WITNESS WHEREOF, the parties have hereunto set their hands L and seals this hQS day of Apra / 1973. CITY OF FAYETTEVILLE, ARKANSAS A Municipal Corporation • BY : AW444a:" 6101_ MAYOR ATTEST: LAIA7./P 71 CITY CLERK 0 SCHOOL DISTRICT NO. 1 BY: TITLE: ATTEST: TITLE: SEAL