HomeMy WebLinkAbout39-73 RESOLUTIONRESOLUTION NO. 39-73
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk be and they are hereby
authorized and directed to execute a lease agreement between the
City of Fayetteville and Herman Jones for renewal of a lease for
property located at the northwest corner of the intersection of
the Highway 16 Bypass and»Industrial Park Road.
A copy of the lease agreement is attached hereto marked
Exhibit "A" and made a part hereof. •
PASSED AND APPROVED thig:=1st• day of May
ATTEST:
..•
APPROVED:
, 1973.
Mayor
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LEASE AGREEMENT
THIS LEASE made and entered into thisf%1 day of
1973, by and between the City of Fayetteville, Arkansas, a
ration;. hereinafter called "Lessor" and
after called "Lessee".
WITNESSETH: ..
municipal corpo-
, herein -
That the Lessor, in consideration of the rents, covenants, and pur-
poses hereinafter set out does hereby let, lease and demise unto the Lessee,
for the period beginning May 1, 1973 and ending May 1, 1976, the following
described property situated in Washington County, Arkansas, to -wit:
All that part of the North 17 acres of the Northwest Quarter
(NW 1/4) of the Southwest Quarter (SW 1/4) 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. Lessee shall pay the. Lessor upon the execution of this lease the
sum of $ fa. -receipt whereof is hereby acknowledged, and the sum of
D
$ �Q. on or before May 1, 1974; and May 1, 1975.
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 maintainthe
property herein demised in a good condition and state of maintenance,
and to that end agrees to fertilize the land and return it to the Lessor
in as close to the original condition as possible.. Lessee agrees that he
will not permit any public nuisance to exist on said lands
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. ..
Lessee shall not cut, renave 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
othat he willnothimself hunt or allow huhting.;;byany .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 require 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,
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under, through and across all or any part of said leased real estate, rightsof 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,
thatthe provisions of. this lease constitute the entire agreement between the
parties hereto, as regards the property hereby demised-.
IN WITNESS WHEREOF the parties have hereunto set their hands in duplicate
original on the date hereinabove first written.
CITY OF FAYETTEVILLE,ARKANSAS
BY v/
J.`
LESSO