HomeMy WebLinkAbout57-84 RESOLUTIONT
RESOLUTION NO. 57-84
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AN AMENDMENT TO THE CITY'S LEASE AGREE-
MENT WITH MARY FAYE JONES AND BRIAN JONES TO AMEND
THE TERM OF SAID LEASE AGREEMENT.
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 modification of the City's lease agree-
ment with Brian Jones and Mary Faye Jones to change the terms •
of said lease agreement. A copy of the modification authorized
for execution hereby is attached'hereto, marked Exhibit "A",
and made a part hereof.
PASSED AND APPROVED this 17th day of April, 1984.
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MODIFICATION OF LEASE AGREEMENT
This modification of lease agreement executed this
`day of 1984, between the City of Fayetteville,
Arkansas, hereinafter called "Lessor," and Mary Faye Jones
and Brian Jones, hereinafter called "Lessee."
WHEREAS, Lessor and Lessee have entered into a lease
agreement dated June 17, 1981, a copy of which is attached
hereto, marked Exhibit "A", and made a part hereof; and
WHEREAS, Lessor and Lessee desire to modify said lease
agreement.
NOW, THEREFORE, Lessor and Lessee hereby mutually agree
as follows:
1. That paragraph 2 in the aforesaid lease agreement
is hereby modified by adding the following:
Beginning•July.1,-1984, and on each July 1st there-
after, the term of this agreement shall automatically
be extended for a period of one (1) year unless Lessor
or Lessee gives the other party sixty (60) days advance
written notice of -termination.
2. That the lease agreement shall be modified as
provided herein but in all other respects shall continue in
full force and effect.
IN WITNESS WHEREOF, the parties have executed this
agreement on the date first above written.
CITY OF FAYETTEVILLE, ARKANSAS,
LESSOR
By: (
ATTEST:
Mayor
BRIAN JONES, LESSEE
LESSEE
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LEASE AGREEMENT
This Lease Agreement executed this 17th day of June , 1981,
between the City of Fayetteville, Arkansas, a municipal corporation, hereinafter
called "Lessor" and Faye and Brian Jones hereinafter called
"Lessee".
In consideration of the mutual covenants contained herein, the parties hereby
agree as follows:
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1: PREMISES Lessor hereby leases to Lessee, and Lessee hereby leases from
Lessor the following described property and the improvements thereon situated in
Washington County, Arkansas.
A part of the SE', of the NE', of the SW;, and a part of the NE;
of the SE;, of the SW;, Section 33, T -16-N, R -30-W described as
beginning at a point which is N 02-12-20 E 9.95 feet from the
Southeast Corner of the said SE', of the NE;, of the SW4;
Thence along the East line thereof, S 02-12-20 W 147.28 feet;
Thence N 88-51-31 W 152.06 feet, to the fence corner;
Thence along the fence N 00-48-29 E 148.82 feet;
Thence along the fence line S 88-17-00 E 155.67 feet, to the
point of beginning, containing 0.52 acres, more or less, Washington
County, Arkansas, as shown on attached plat marked "Exhibit "A"
and made a part hereof. This property is further described as
being located at 3821 McCollom Avenue in Fayetteville, Arkansas.
2. TERM This Agreement shall be for a term of One (1) year commencing on
the lst day of July , 19 81, and ending on the 1st
day of July , 19 82. The Lessor hereby grants Lessee an option to extend
the term of this lease for additional terms of One (1) year each up to 3 years,
subject,to the following conditions:
(a) Lease payments for any additional term shall be specified by Lessor.
(b) At least Thirty (30) days prior to the expiration of the lease term,
or any extension thereof, Lessor shall notify Lessee, in writing of the
amount of the monthly lease payments for the next One (1) year term if
the option is exercised by Lessee.
(c) At least Fifteen (15) days prior to the expiration of the lease term,
or any extension thereof, Lessee may exercise Lessee's option of extension
by giving written notice to Lessor.
3. CONSIDERATION In consideration of Lessor leasing the above described property
to Lessee, Lessee agrees to pay Lessor, during the original term of this lease, the
sum of $ 2,700.00 payable in monthly installments of $ 225.00 payable in
advance on or before the first dayofeach month. In addition, a damage and cleanup
deposit of $100.00 shall be deposited with Lessor upon execution of this agreement.
Said deposit, less expenses incurred by Lessor due to damage caused by Lessee or
Lessee's agents, employees, licensees, guests, or invitees and less cleanup costs,
will be returned to Lessee upon termination of this agreement.
4. This agreement shall be subject to the following- conditions.
1. Lessee shall keep all weeds and grass mowed at all times and shall
not permit the accumulation of trash, garbage or other debris on the
premises.
2. Lessee shall pay all utility bills, bills for telephone and cable tele-
vision service and any other fees or costs associated with occupancy of
the house. It is specifically agreed and understood by both parties to
this agreement that Lessor has rented from Amtane Corporation a 500 gallon
propane tank for the purpose of providing a fuel storage facility for
heating the house, providing hot water and providing fuel for cooking
purposes. It is understood by both parties to this agreement that Lessee
agrees to make arrangements with Amtane Corporation, upon execution of
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this agreement, for the purpose of acquiring, at Lessee's own cost
and expense, liquified petroleum gas (propane). Lessee shall provide
Lessor written evidence of the arrangements made with Amtane for
acquiring fuel for Lessor's rented storage tank.
Lessee, upon execution of this Agreement, acknowledges receipt of the
Operators Manual for operating the space heaters located in the kitchen,
northwest bedroom and northeast bedroom. Lessee agrees and understands
that the large air gap at the bottom of the door entering the northwest
bedroom and the register vents located in the walls of the northwest
bedroom and northeast bedroom and in the stairwell compose an integral
part of the safe operating procedures for operating the space heaters
and agrees to accept full responsibility for the safe operation of
these space heaters and all other propane fueled equipment in the
house; and, Lessee hereby releases Lessor and Lessor's officers,
employees, and agents from any liability for damages arising from
Lessee's use of sai0, space heaters. The other propane fueled equip-
ment includes one ecrlts . Mood R' &(a ' Sty; a1 r(1)-3S3G2S
located in the main living r>�om, a cookstove add one 40 gallon A. 0.
Smith hot water heater.
3. Commercial activity of any kind on the demised premises is expressly
prohibited.
4. No persons except Lessee and Lessee's immediate family shall be
permitted to occupy the demised premises on a regular basis.
5. Lessee agrees that Lessor or its agents shall have the right at
all times to enter upon the demised premises and improvements thereon
for the purpose of inspecting same.
6. Lessee agrees not to erect any improvements of any nature whatsoever
on the demised property and agrees not to permit any public nuisance
to exist on said property.
7. Lessor shall have the right and privilege to grant easements for
any purpose on, over, under and across, or above the demise premises,
and to enter upon said land for the purpose of constructing and main-
taining anything that Lessor in its own judgement may require without
the necessity of having to pay any compensation to Lessee as damages.
8. Lessee hereby agrees to hold Lessor harmless and indemnify Lessor
from any and all claims or damages occasioned by or arising from
Lessee's activities and occupancy of the demised premises.
9. Lessee may raise a garden on the demised premises.
10. Lessee shall not assign this lease or sublet any part of the demised
premises or improvements thereon.
11. Either party may termintate this lease agreement upon the giving of
Sixty (60) calendar days written notice sent by certified mail to the
other party's last known address.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date
first above written.
ATTEST:
1
City Clerk
WITNESS:
t ,a.,
t/
Witness
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BY I
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,Lessee
3821 McCollom Ave.
r
Rt. 8
Address
Fayetteville, AR 72701
City, State, Zip Code
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BID NO. 453
NOTICE TO PROSPECTIVE BIDDERS
ISSUED: MAY 18, 1981
The City of Fayetteville, Arkansas Purchasing Office will accept sealed bids
until 10:00 A.M. on June 9, 1981 for the leasing of a house and .52 acres of
land located at 3821 McCollom Avenue in Fayetteville, Arkansas.
The Bidding Form.and proposed Lease Agreement may be acquired from the
Purchasing Office located in the City Administration Building, at 113 West Mountain
Street.
In addition to the terms and conditions contained in the Bidding Form and
Lease Agreement, the following conditions apply to this bid.
1. No bid will be accepted for less than $200.00 monthly lease
payments for each month of the original term. The original
term is one year. Bids are entered under item 3 after 'monthly
installments of"
2. Arrangements must be made in advance with either Ede Hogue,
Airport Manager or Dale Frederick, Assistant Airport Manager
to view the house.
3. It is the responsibility of each bidder to view the house to
become familiar with all conditions to be encountered.
4. Heaters as referred to in the Bidding Form and Lease Agreement
do not exist at the time of bidding. However, Lessor will see
that heating fixtures are installed prior to cold weather in
the fall of 1981.
5. The City will maintain all exterior and interior plumbing
fixtures and electrical wiring systems. Lessee will be
responsible for light bulb and light globe replacement.
6. Lessee may repair and re -roof the garage and the small storage
shed at his own cost and expense. These repairs must be
approved by Lessor prior to the beginning of any work.
7. The City reserves the right to accept or reject any or all bids,
waive formalities in the bidding and make a bid award deemed
to be in the City's best interest. The City may reject any
or all bids with or without cause.
8. These additional bid conditions are included by reference in
the Bidding Form and Lease Agreement as if spelled out word
for word therein.
9. Bids are to be filled in on the Bidding Form and Lease Agreement
and signed and dated on the second page of the agreement.
10. The City has a right to run a background check on any bidder
and check references of the bidder.
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SURVEY DESCRIP1IO`1 _
A part of the SO., of the NEI, of the SWI, and a port
of the NE;, of the 5E4, of the SWI, Section 33,
T-16-::, R-30_: descr ibed as beginning at a point which
is N 02-12-20 E 9.95 feet from the Southeast Conner
of the said SEI, of the NEI, of the SWI;
Thence along the Eaa line thereof, S 02-12-20 W
147.28 feet;
Thence N BS -51-3151 152.06 feet, to the fence corner;
Thence along the fence N 00-48-29 E 148.82 feet;
Thence along the fencellne S 88-17-00 E 155.67 feet,
to the point of beginning, containing 0.52 acres, more
or less, Washington County, Arkansas.
Dr
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CET'T6't(ATI ny
This is lo« rtily Out l have Ohl d,7 comer
e Survey of the above described property.
easements and or enuo.W
Cnents In
survey ue mo.n on he plat of survey.
G.
VoUGEnS.0. R'NINC'.1Ali •'t/
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AR. Registration No. 852
SILnot.L.tS0
ENGINEERING a. SCnry.Y st;
n.ent.lrc E.
tycent
44°-
• L FOt'%0 IRON PIN
0 — SET OWN PIN
STONE MARKER
T.X- — EXISTING FENCE
Piled for record December 20, 1979, at 1:40 P.M.
Accorded in Survey Book I at nage 564.
ua as neten
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EXHIBIT A
779