HomeMy WebLinkAbout52-73 RESOLUTIONRESOLUTION NO. 52-73
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVI LLE, ARKANSAS:
That the Mayor and the City Clerk be and they are hereby
authorized and directed to execute one certain lease agreement
between the'City of Fayetteville and Arthur Miller for a five-year
period for pasture and hay removal at the Drake Field Municipal
Airport. A copy of said lease agreement is attached hereto, marked
ExhIbit "A%c, and made a part hereof.
''PASSED AND APPROVEDIthis 19th day of June , 1973.
w •
ATTEST:
APPROVED:
LEASE •AGREEMENT
This agreement, executed in duplicate, made and entered into this
19th day of June , 1973, between the City of Fayetteville,
Arkansas, a municipal corporation hereinafter called "Lessor" and Arthur T.
Miller, Jr. , hereinafter called "Lessee"; witnesseth:
•
: The City of Fayetteville, Arkansas agrees to grant, and Arthur Miller agrees to
take, a lease of those 'premises, situate in Washington County, Arkansas, more
particular described as follows:
All that part of the Drake Fibld Municipal Airport Property
marked on the attached map, and incorporated herein as if
set out word for word, entitled "Municipal Airport, Drake
1. Field Fencing :Fayetteville, Arkansas, FAA Project No. 8-05-0020702,
Revised April 30;7973 PLF. harked "Land For Lease 'Hay -Only"
and "Land For Lease As •Pasture", containing 286 acres, more
or less.
For a term of five years, from the 19th day of June, 1973, for a
total sum of $ 6,250.00 , payable as follows:
Upon the execution of this agreement Lessee shall pay •
receipt of which is hereby acknowledged, and on or before
the 19th day of June of each succeeding year the sum of
$ 1,250.00 until above stated total sum shall have
been paid.
•--Ihe—lease-shall-contain -thefollowing conditions:
(1). This lease shall be for the sole purpose of removing hay
from any or all of the above described property and the placing of
livestock only upon the above described property marked "Land For
Lease 'As Pasture". It is hereby understood and agreed that live-
stock shall not be permitted to enter upon any other land at the
Fayetteville Municipal Airport except as above deseribed.
(2). Les -see agrees that he shall keep and maintain the property
covered by this lease in a good condition and state of maintenance;
that he will work said lands at all tires in a good and husbandlikc
manner;. that he will keep all fence rows and drains free and -clear.
;
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:of weedS, underbrush and obstructions at all times; that he will fertilize
said lands and return them to the Lessor in as close to the original
condition as possible.
:(3). Lessee shall erect no improvements of any nature whatsoever
on said property and shall construct no additional fences, gates or
• other structures thereon without the prior written consent of the
Lessor; Lessee agrees that he will not permit any public nuisance
to exist on said lands.
(4). Lessee shall not cut, remove or carry off nor allow to be
cut, removed or carried off, from said above described lands any tree,
soil, rock or minerals of any kind whatsoever and will, to the extent
of his ability, see that no person trespasses upon said leased property
without specific authority from the Lessor. Further, Lessee specifically
agrees that he will not hunt, fish or trap or allow hunting, fishing or
trapping by any person o -r persons on said property.
(5) Lessee agrees that Lessor or its agents shall have the right
at all times to enter upon said property for the purpose of inspecting
same.
(6). The Lessor shall have the right and privilege of granting
• easements for any purpose on, over, under and across said property,
enter upon said land for the purpose of constructing and maintaining
anything for any purpose that the Lessor in its own judgment may require
without the necessity of having to pay any compensation to the Lessee
as damages by reason of the exercise of any of the above rights and
privileges.
(7)•
Lessee hereby agrees to hold harmless and indemnify the Lessor
from any and all claims or damages occasioned by or arising from Lessee's
activities upon the above described property.
"(8). Lessee agrees that prior to any entry upon the above described
property Lessee will obtain clearance and authorization from Federal
Aviation Administration officials at the Flight Service Station at
' Fayetteville Municipal Airport.
(9). The Lessee shall not assign this lease or sublet any part of
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the above described property without first obtaining the written consent
of the Lessor.
L'• NI* 0.1
(10). Either party may terminate this• lease agreement upon the
giving of sixty (60) days written notice sent by Certified Mail to the
other party's last known address.
IN WITNESS WHEREOF, the parties have hereunto set their hands in
duplicate originals on the date above first written.
ATTEST:
APPROVED AS TO FORM:
CITY OF, FAYETTEVILLE, ARKANSAS
, 5.0
BY /
Lessor
&tat—
BY X L7 /09.2-14.
Lessee
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