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Home My WebLink About21-74 RESOLUTION• RESOLUTION NO. c2i- / 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 an agreement leasing a portion of the industrial park for pasture rights and other purposes. A copy of said lease, marked Exhibit "A", is attached hereto and made a part hereof. PASSED AND APPROVED THIS 1974. ATTEST: APPROVED: 6,24/1"friv 1• , • LEASE AGREEMENT WHEREAS, it is the desire of the City of Fayetteville, Arkansas, a municipal corporation, to conduct a pasture program on its real estate known as the City of Fayetteville Industrial Park, which will prevent erosion, and retain said real estate in an attractive state, and WHEREAS, it is the desire of Clyde W. Weems to conduct said pasture program for the City of Fayetteville, have the right to pasture. livestock on lands Arkansas, and to located in the Fayetteville Industrial Park owned by the City of and the right to cut hay,/and'to plant grasses on said park. `. , c ‘i NOW, THEREFORE,. this lease agreement is made i1 into by and between the City of Fayetteville, Arkansas, Fayetteville, parts of and entered icipal corporation hereinafterknown as the "Lessor", W. Weems, hereinafter known as the "Lessee", ''`"1 -"WITNESSETH: A. That for the consideration, purposes inafter set out, Lessor does hereby let, lease Lessee for the term of five (S) years from the of this agreement all real estate lying in the dustrial Park as shown upon the attached plat, a mun- and. Clyde and covenants here - and demise to the date of execution Fayetteville In - marked Exhibit "A" and made a part hereof the same as if set out herein word for word, to have and to hold the same unto the said Lessee for and during the time aforesaid upon the terms and conditions hereinafter expressed. 1. It is agreed and understood that the Lessor of his agent • 1 • 1 \ shall at all times during the term hereof,have the right to enter upon said real estate for the purpose of inspecting the same. 2. The Lessor shall have the right and privilege of granting easements for public utilities on, over, and under all or any part of said leased real estate without compensation to Lessee for damages to pasture=or growing crops. The Lessee shall at his own cost and expense keep and maintain all fences, gates and other structures now upon said leased real estate in good condition and repair and the Lessor shall not be held liable for the maintenance or the repair of any fences, gates, or other structures now upon said leased real estate. The Lessee shall erect at his own cost and ex- pense all fences necessary to keep his livestock confined and restricted from all roadways and from all property not leased to him or withdrawn from lease -in accordance with the provisions of paragraph No. 8 and from all construction sites. Lessee agrees to make prompt payment, as due, to all persons supplying labor or materials for the prosecution of the work provided in constructing and installing the aforesaid fences and agrees not to permit any lien or claim to be filed or prosecuted against Lessor on account of any labor or material furnished. Lessee shall be entitled to remove those fences and gates which Lessee erects during the term of this lease at Lessee's own expense. In the event any structure on the demised premises is damaged or destroyed through no fault of Lessee, Lessee. shall have the right to terminate this lease, unless Lessor repairs or rebuilds said structure within sixty (60) days from the date of said damage or destruction. 4. The Lessee shall at his own cost and expense clear or cut any stubble, grass, weeds, or brush growing upon said leased real estate in all previously cut fields and areas, whether pastured or not, and keep all such vegetation cut or cleared, but the Lessee shall not cut nor allow to be cut or carried off"from said real 'estate any trees growing,upon said leased real estate.not,permitted to be cut by Lessor.' 1 1 1 11 5. Lessee shall not permit overgrazing of the pasture areas and shall take necessary actions.to maintain pastures and'hay meadows in good condition at all times. A11'fertilizing and seeding shall be at the expense of Lessee. 6. It is specifically understood and agreed that the 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 streets, roads, ditches and other works which Lessor, in its own judgment, may require, without the necessity of having to pay any compensation to Lessee as damages by reason of said entry. 7. Lessor shall have the right at any time to terminate the lease of all or any portion of the demised premises for the follow- ing reasons only: (1) default by Lessee in the performance of any covenant or agreement contained herein, or (2) for industrial dev- elopment and non-agricultural purposes. Lessor shall give Lessee p written notice of termination at least 30 days fromr-the date o f termination; said notice shall be sent to lessee by reg- istered mail at his last known address, unless said notice is personally delivered to Lessee by Lessor. 8. It is specifically understood and agreed that the Lessor retains the right to sell or lease for industrial development and non-agricultural purposessall or any part of said leased real estate, thereby diminishing lands covered by this lease agreement, and that upon sale or lease by the Lessor, the Lessee cease to have any right whatsoever to the real estate so sold or leased. Upon sale or lease of a portion of said leased real estate, the Lessor shall. give Lessee written notice as provided in paragraph No. 7 above of. partial termination of this lease. Lessee agrees''.to relocate, at: -his own cost„'and expense, all m • • fences and/or gates' necessary to prevent livestock'pastured by Lessee from going on the land so sold and to carry out the o ther provisions of this lease agreement. 9. For the use of 276 - acres of pasture land and hay meadows, Lessee agrees to pay Lessor $2,700.00 per year, pay- able annually in advance. For purposes of pro -rata reduction of the annual lease amount in the event of partial termination of this lease for industrial development purposes a direct percent reduction in relation to total acreage shall apply e ffective on the acreage reduction date. 10. For the use of the residence and out buildings located on the property, Lessee agrees to pay Lessor the sum of $80.00 monthly, payable in advance by thettenth day of each month. as • 11. The Lessee shall not assign this Lease Agreement or sublet or lease any part or parts of this real estate without first obtaining the written consent of the Lessor. 12. Lessee agrees to indemnify and hold harmless Lessor from all fines, suits, claims, demands, and actions of any kind or nature by reason at any and all of operations on the leased premises. Lessee hereby agrees to assume all the risk ins operations, and agrees to be solely responsible and answerable in damages for any and all accidents and injuries to persons or property occurring on the leased premises. THIS AGREEMENT shall be binding upon the parties hereto, their heirs, successors or assigne. IN WITNESS WHEREOF the parties hereto have herein set their hands on the 22nd day of April, 1974. J ATTEST: ! 4 w 1 CITY OF FAYETTEVILLE CIfl.-CLERK LESSEE • • nmme re sinin moan • LOT T0TAL XO. ACRES ACRES ABOVE 1193 ACRES BELOW 1193 OISPOSITION 1 26.6 6.6 Refereeo by City of Fayetteville 3 8.3 B.3 Reserved by City of Fayetteville 4 32.9 21.1 11.8 5 23.5 19.6 3.9 6 19.1 11.9 7.2 7 12.5 12.5 8 166 14.6 9 59.9 59.9 Armstrong Bros. Tool Co. 10 163.3 104.7 58.6 11 14.5 14.5 12 13.6 13.3 0.3 13 27.0 1.3 25.3 14 3.9 0.7 3.i Reserved by City of Fayetteville 15 2.0 1.5 0.5 R/P Electroplating Co. 16 I7.3 13.4 14.3 17 221 S.2 17.0 18 13.4 10.6 2.B 474.1 329.2 144.9 so' mama ts,fnNT--- ut eau. mot f [ t*CKl em 4901 swat nW d nen Unman J� min t .AN, eDOW T WITS JV1d iveie NOTE: I. AREAS NORTH OF TOWN BRANCH AND STRIPED AREAS ARE NOT INCLUDED IN LEASE AGREEMENT 2. APPROXIMATE ACFt AGE :r276.I...ACRES 3-22-T4 EXHIBIT A .j