HomeMy WebLinkAbout116-83 RESOLUTION•
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A6 RESOLUTION NO. • 116)-83
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A RESOLUTION AUTHORIZZINNG THE MAYOR AND CITY CLERK
TO EXECUTE A PASTURE LEASE WITH FRANK COMBS FOR
PROPERTY AT THE FAYETTEVILLE INDUSTRIAL PARK.
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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 lease authorized hereby is attached hereto,
marked Exhibit "A", and made a part hereof.
PASSED AND APPROVED this 20th day of
edo
rrhoi'Al EST:
By:
1'
APPROVED.
&rail
Mayor
September
, 1983.
Director Bumpass requested an example of Black & Veatch's
billing be sent to him personally.
Director Osborne stated that the firm had been kept
busy the past few months, computing sewer rates, sales tax
revenues, etc.
Director Osborne, seconded by Johnson, made a motion to
appropriate up to S50,000 for engineering services performed
or to be performed by Black & Veatch, by Board authorization.
Upon roll call, the motion passed by a vote of 5-1 with
Director Bumpass voting in the minority.
BID WAIVER/CONCRETE AGGREGATE AND ASPHALT MATERIALS
Mayor Noland introduced an Ordinance waiving competitive
bidding requirements for the purchase of concrete aggregate and
asphalt materials.
City Attorney McCord read the Ordinance for the first
time. Director Osborne, seconded by Johnson, made a notion
to suspend the rules and place the Ordinance on second
reading. Upon roll call, the motion passed by a vote of 6-0.
City Attorney McCord read the Ordinance for the second time
Director Osborne, seconded by Johnson, made a motion to further
suspend the rules and place the Ordinance on third and final
reading. Upon roll call, the motion passed by a vote of 6-0
and the City Attorney read the Ordinance for the final time.
Director Bumpass asked what the material was going to be
used for. City Manager Grimes responded that it was for all
of the City's construction work, the base material that the
City crews applied.
Mayor Noland asked, "Shall the Ordinance pass?" The
recorded roll call vote was 6-0 and the Mayor declared the
Ordinance passed.
ORDINANCE # 2947 APPEARS ON PAGE
AND RESOLUTIONS BOOK
PASTURE LEASE
OF ORDINANCE
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171.
Mayor Noland introduced a resolution authorizing the Mayor 172.
and City Clerk to execute the renewal of a pasture lease agree-
ment, for certain parcels in the Fayetteville Industrial Park.
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There was no discussion on this item. Director Osborne, 17_.
seconded by Johnson, made a motion to adopt the resolution.
Upon roll call, the motion passed by a vote of 6-0.
A
RESOLUTION # 116-83 APPEARS ON PAGE OF ORDINANCE
C
AND RESOLUTIONS BOOK
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15.04
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 Combs 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
term of three years 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 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.
EXHIBIT A
15.05
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 all or 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 hen 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.
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15.06 - •
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
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15.07
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-
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 of 100 ± acres of pasture land and hay meadows,
Lessee agrees to pay Lessor $ 1.25Q.nn
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.
FXHIRIT A
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15.08
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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
ATTEST:
CITY CLERK
, 1980.
CITY OF FAYETTEVILLE
COL
/ MAYOR
/ 'LESSEE
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NOTE:
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i.AREAS NORTH OF TOWN BRANCH
AND STRIPED AREAS ARE NOT
INCLUDED IN LEASE AGREEMENT.
2.APPROXIMATE ACREAGE: 100= ACRES
as marked Hay and Pasture Area 8-14-80.
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