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Home My WebLink About105-80 RESOLUTIONRESOLUTION NO. /OS-flO A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PASTURE LEASE WITH FRANK COMBS FOR PROPERTY AT THE FAYETTEVILLE INDUSTRIAL PARK. 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 a pasture lease with Frank Combs for property located at the Fayetteville Industrial Park. A copy of the leaseoauthorized hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this %/x day of ‘Eiblootilj 1980. ATTEST: U_.t Malo 74)ALM115 CITY CLERK MICROFILMED CERTIFICATE OF RECORD State of Arkansas SS City of Fayetteville 1, Vivian Koctiel, City Clerk and Ex -Officio recorder for the City of Fayetteville, do here- by certify that the anne':e:i or foregoing is of record in my office and the same ap- pes s in Ordinance Si Resolution book t p^2e Witness my hand and seal this d in+ day of eRlnb6n]19,f0 �- City Clerk and Ex -Officio Recorder • City of Fayetteville Bid Tabulation Industrial Park Pasture Lease 10:00 A.M. August 28, 1980 Bid Amount for 3 year Pasture Lease Net Total Bid Per•Year Frank Combs Frank Wilcox $1,250 $1,100 RECOMMENDATION: That the bid be awarded to Frank Combs, the bidder for the leasing of approximately 100 more or less as per attached proposed lease exhibit "A" describing the location of said in the Fayetteville Industrial Park. Exhibit "A" • high acres and lands f 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 Frank,CombsT of 1039 Morningside Dr., Fayetteville, AR to conduct said pasture program for the City of Fayetteville, Arkansas, and to have the right to pasture livestock on lands located in the Fayetteville Industrial Park owned by the City of Fayetteville, and the right to cut hay, and to plant grasses on parts of said park, NOW, THEREFORE, this lease agreement is made and entered into by and between the City of Fayetteville, Arkansas, a municipal corporation hereinafter known as the "Lessor", and Frank` Combs` hereinafter known as the "Lessee", WITNESSETH: • A. That for the consideration, purposes and covenants hereinafter set out, Lessor does hereby let, lease and demise to the Lessee for the 4 term"of. ;three .year`s from the date of execution of this agreement all real estate lying in the Fayetteville Industrial Park as shown upon the attached plat, Marked Exhibit "A" and made a part hereof the same asdf;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 or his agent 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 alVor any part,of said • leased real estate without compensation to Lessee for damages to pasture or growing crops. 3. 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 expense 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 sixth (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. 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. All 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 judgement, 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 following reasons only: (1) default by Lessee in the performance of any covenant or agree- ment contained herein, or (2) for industrial development and/or other non-agricultural purposes. Lessor shall give Lessee written notice of termination at least 30 days from the date of termination; said notice shall be sent to Lessee by registered 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 or other non-agricultural purposes all 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 ceases 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 para- ,.Arapb graph No. 7 above of partial termination of this lease. Lessee agrees to relocate, at his own cost and expense, all fences and/or gates necessary to prevent livestock pastured by Lessee from going on the land so sold and to carry out the other provisions of this lease agreement. 9. For the use of4:100 ± acres of pasture land and hay meadows, Lessee agrees to pay Lessor $ 1.25;iThOn per year, payable 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 effective on the acreage reduction date. 10. 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. 11. Lessee agrees to indemnify and hold harmless Lessor from all fines, suits, claims, demands, and actions of any kind or nature by reason • • of any and all of his operations on the leased premises. Lessee agrees hereby to assume all the risk in his 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. • = 717 • • ror • • 12. Lessor shall have the right at any time to enter upon the demised premises for the purpose of removing trees for transplanting on lands owned be Lessor. 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 property. Lessee shall not hunt or trap or allow hunting or trapping by any person or persons on said property. THIS AGREEMENT shall be binding upon the parties hereto, their heirs, successors, or assigns. IN WITNESS WHEREOF the parties hereto have herein set their hands on the, 17th day of October , 1980. • ATTEST: CITY OF FAYETTEVILLE ()CZ -4. 7ct4g MAYOR CITY CLERK ESSEE r • - a w M ',run 0 " • • • (or Bo. C14•1•1•11 ACRES 20141 ABOVE *0(5 1193 ACRES BELOW 1193 09705910N 1 2 S.,er.e6 by City el Enettl.nle 1 Iaftreed by Citi of lea. unn le 32.1 21.1 11.1 5 23.5 19.6 2.1 6 11.1 11.9 2.2 12.5 9.5 6 14.6 11.6 5 59,9 59.9 Aro,trenl Bros. reel Co. 10 163.3 1012 5E1 1? 14.5 IC.5 12 13.6 13.3 0.3 13 27.0 25.3 14 3.f 3.2 fueree6 by City of Fenner' 114 15 2.0 1.5 0.5 R/1 Electroplating Co. 15 23.2 13.4 14.3 17 22.2 5.2 17.0 IC.6 2.6 424.1 329.2 of LICN MCC n ate uIn rwarazzamarna tftio ertA, // � (maROAD II n Innen 3 I L it NOTE: I.AREAS NORTH OF TOWN BRANCH AND STRIPED AREAS ARE NOT INCLUDED IN LEASE AGREEMENT. 2.APPROXIMATE ACREAGE: IDO) ACRES alsta'rked Hay and Pasture. Area 8-14-80. EXHIBIT 'A' i 11 FAYETTEVILLE, ARKANSAS CHAMBER -OF COMMERCE