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HomeMy WebLinkAbout01A-79 RESOLUTION• "i, RESOLUTION NO. 1_ ril A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO A HAY REMOVAL AGREEMENT FOR PROPERTY LOCATED AT THE FAYETTEVILLE MUNICIPAL AIRPORT. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute an Amendment to the City's Hay Removal Agreement for property located at the Fayetteville Municipal Airport to authorize the LESSEE to perform partial crop cultivation under the supervision of the Airport Manager. A copy of the Amendment authorized hereby is attached hereto, marked Exhibit "A", and made a part hereof. PASSED AND APPROVED this /i,t4' day of 1979. ATTEST: 7 . CITY CQ ERK:. • 1 APPROVED: dv S'F MAYOR MiCRomma) DATE JUN 1 4 1979 REEL 9 .. t-1 J tsi ; 1 ' Lk 7 r r 5 1' WESTERN PALO`"A-1,13t4sU.BA'LIRISNWI'DF" KNOW ALL MEN BY THESE PRESENTS: ' That we, MICHAEL G PRICE 's'1 ?n iLPY ��E..,Y 1 p COMPANY .f. BOND No 1677119 r. •; ..- •ties r7. PA BOND CONTRACT Now of the the WESTERN FAYETTEVILLE CITY OF FAYETTFVILLE State of ARKANSAS as Principal, and CITY-OF . SURETY COMPANY, a corporation, as Surety, are ARKANSAS held and; firmly_ bound unto _ hereinafter called the Obligee, in the sum of (g 3,500.00 ) DOLLARS, THREE THOUSAND FIVE HUNDRED & NO/100- for which payment said Principal WHEREAS, the Principal of January and Surety bind has entered into a written 197_9_, %X AS PER are hereby referred condition of this obligation said Obligee from any pay all persons supplying obligation shall be themselves to loss, void, day ---� by these contract with the LEASE AGREEMENT and made a part is such, that if resulting from labor or material otherwise to remain of presents. Obligee dated the 19th day hereof. the said Principal shall faithfully perform the breach of any of the terms and condi- in the prosecution of the work provided in full force and effect. A M`� Y 19 79 which contract and specifications NOW THEREFORE, the said contract and indemnify the tions thereof -and shall promptly for in such contract, then this Dated this "� 29TH \1 .." ; _ ` _ ---Countersigned-----.....-- - -- -.- ----- -. — By - -----`/��st Principal W By -'--- Principal E S S -U- R -E T --Y C 0 M -P -A --N- Y - • - '. Resident STATE OF TFXAS ACKNOWLEDGMENT Agent SS ..- ;CON WILLIAMS, OF SURETY 19 79 before Vice President me, the undersigned officer, personally RON WILLIAMS, Vice President to be the County of DALLAS On this 2 9TH day of MAY appeared RON WILLIAMS, Vice President who •�R • acknowled and contained , -ed g - that hews by signing _ ti my name e. . w^t)- .' himself such the and of the WESTERN SURETY COMPANY, the foregoing instrument for the purposes such officer._ IN WITNESS WHEREOF, I have hereunto above written. My commission expires MAY 31 a " corporation, therein subscribed • r,,, 81 (Official Title or Attorney -in -Fact) officer, being authorized so to do, executed name of the corporation by himself as ffixed my official seal the day and year last ., V©Oil ,19 650-12-68 Notary Public e P� iii POWER OF :17"CI)RNE% KNOW ALL MEN BY THESE PRESENTS: This Power of Attorney authorizes the execution of one instrument to which It should be attached. That the Western Surety Company, a corporation, does hereby snake, constitute and appoint each of the following officers of Dallas. Texas, Attorney in Fact, with full power and authority conferred upon him or her to sign, execute, acknowledge and deliver for and on Its behalf as Surety and its act and deed, any one bond. indemnity or undertaking, con- sent or agreement which this Company may he authorized to write M. D. FULTON Vice President ROY MARKWARDT, Assistant Vice President WARREN S. HOLLY, Vice President A, B. RUDIN, Assistant Vice President DICK SEE, Vice President T. ABSHIER Assistant Secretary RON WILLIAMS, Vice President S. ROLEN, Assistant Secretary J. FULTON, Vice President A. WOODS, Assistant Secretary M. BAKER, Assistant Vice President Che Western Surety Company further certifies that the following is a true and correct copy of Section 7 of the By - Laws of the Western Surety Company, duly adopted and now in force, to -wit: Section 7. "All bonds, policies, undertakings or other obligations of the corporation shall be executed in the corporate name of the Company by the Chairman of the Board. the President. Secretary. any Assistant Secretary, Treasurer. or any Vice President, or by such other officers as the Board of Directors may authorize. The Chairman of the Board, President any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any hands, policies. undertakings. or other obligations of the corporation." IN' WITNESS WHEREOF. the said Western Su:cty Company has caused these presents to he executed by its President with its corporate seal affixed this 29TH day et MAY ATTEST 199 WI•SPfRN SURETY COMPANY Assistant Secretary STATL OF SOUTH DAKOTA County of Nlinnehaha SS On this 2 9TH day 01 MAY 19 79 , before me personally appeared Joe Kirby, President, and C. Schmidt. Assistant Secretary, who, being by me dui edged that they signed the above Power of Attorney as President and Assistant Secretary, respectively, of Surety Company, and acknowledged said instrument to be the voluntary act and deed of said corporation, My commission expires October 6. 1983. 474-8 8 78 . a Notary Public. sworn, acknowl- the said Western Notary Public r r E 151 • • • MODIFICATION OF LEASE AGREEMENT This Agreement made this /612 --day of 1979, by and between CITY OF FAYETTEVILLE, A4 SAS, a municipal corporation, hereinafter called "Lessor", and MIKE PRICE, hereinafter called "Lessee". WHEREAS, Lessor has entered into a lease with Gene Price dated August 7, 1978, a copy of which is attached hereto marked Exhibit "A" and made a part hereof; and WHEREAS, said lease has been assigned to Mike Price by Assignment dated October 16, 1978; and WHEREAS, the parties desire to enter into a new agreement modifying or supplementing the provisions of said lease. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. The lease dated August 7, 1978, attached hereto marked Exhibit "A" and made a part hereof shall be modified as follows: a. Paragraph 4(1) of said lease is modified to read as follows: (1) This lease shall be for the primary purpose of removing hay from any or all of the above described property. Lessee shall be allowed to cultivate grain crops under super- vision of the Airport Manager on those portions of the above described property approved for such cultivation by the Airport Manager. In the event Lessee grows grain crops on any of the above described property, Lessee, at the end of the lease term, shall plant all the land on which grain crops were grown in permanent improved pasture containing grasses approved by the Airport Manager; if Lessor does not desire for Lessee to so plant said land, Lessor shall give Lessee ninety (90) days notice upon expiration of which Lessee shall pay Lessor fifty dollars ($50.00) per acre for each acre cultivated. Lessee shall provide Lessor with an annual performance bond in an amount equivalent to fifty dollars ($50.00) times the number of acres cultivated. • • g OM Said bond shall be subject to approval by Lessor's City Attorney, and shall be to guarantee performance of Lessee's obligations under this paragraph. Lessee may place livestock upon the above described property but shall not permit any livestock to enter upon any other land at the Fayetteville Municipal Airport. (b) Paragraph 10 of said lease is modified to read as follows: (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; provided, in the event of early termination by Lessor, Lessee shall have the right to harvest, at the proper time, any grain crops growing on the above described property on the date of Lessor's Notice of Termination. 2. All provisions of the lease are incorporated herein and are hereby modified or supplemented to conform herewith but in all other respects are to be and shall continue in full force. IN WITNESS WHEREOF, the parties have executed this modification on the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS LESSOR C�`? APL'ATTEST' r.� (CITY (CLERK Thcazefe— BY w 12V9 rei MAYOR