HomeMy WebLinkAbout161-92 RESOLUTION.
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RESOLUTION NO. 161-92
A RESOLUTION AUTHORIZING THE MAYOR AND CITY
CLERK TO ENTER INTO A LEASE AGREEMENT WITH
MRS. RUBY JOHNSON FOR A 59' X 150' PARCEL OF
PARK PROPERTY FOR THE PURPOSE OF ACCESS TO AND
FROM HER PROPERTY ON SOUTH COLLEGE.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Mayor and City Clerk are hereby
authorized and directed to execute a lease agreement with Mrs. Ruby
Johnson for a 59' x 150' parcel of park property for the purpose of
access to and from her property on South College. A copy of the
lease agreement authorized for execution hereby is attached hereto
marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 6th day of October , 1992.
ATTEST:
By
APPROVED:
By:
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LEASE AGRXflIE T
This Agreement, made and entered into this aZi day of
(00.4") , 1992, by and between the City of Fayetteville, a
municipal corporation, whose address is 113 W. Mountain,
Fayetteville, AR 72701, hereinafter called Lessor, and Ruby F.
Johnson, whose address is 1101 S. College Ave., Fayetteville, AR
72701, hereinafter called Lessee, Witnesseth:
1. Leased Premises. For and in consideration of the rents,
covenants and agreements herein entered into and agreed upon by the
Lessee as obligations to the Lessor, the Lessor lets, leases and
demises unto Lessee, subject to the terms and conditions contained
herein, the following described property situated in Washington
County, Arkansas:
A part of the East of the NE 14 of Section 21, T -16-N,
R -30-W, being more particularly described as follows, to -
wit: Beginning at a point S00"32'00"W 1339.26 feet and
N89`19'11"W 20.00 feet from the NE Corner of Section 21,
T -16-N, R -30-W, thence N00`32'00"E 59.00 feet, thence
N89'19'll"W 150.00 feet, thence S00"32'00"W 59.00 feet,
thence S89.19'11"E 150.00 feet to the Point of Beginning.
2. Teri. This lease shall commence upon approval of this
Lease Agreement by the Fayetteville Board of Directors and
execution by Lessor and Lessee.
The lease term shall end when the property described
hereinbelow, which describes property now owned by Lessee
and abutting and south of the leased property, is sold or is not
occupied for a period of two (2) months by Lessee.
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A part of the Southeast quarter (SES) of the Northeast
quarter (NE's) of Section Twenty-one (21) in Township
Sixteen (16) North of Range Thirty (30) West, and being
more particularly described as follows, to wit:
Beginning at a point 20 feet West and 20 feet South of
the Northeast corner of said 40 -acre tract, and running
thence South 50 feet, thence West 150 feet, thence North
50 feet, thence East 150 feet to the Point of Beginning.
Further, the term of the lease shall end if the leased
property is not properly maintained by the Lessee. Written notice
shall be given to Lessee of any failure to properly maintain.
Lessee shall have 30 days to correct of present an acceptable plan
of correction.
3. Consideration. The city shall have an option of first
right of purchase of Lessee's property as described in Section 2
above.
The purchase price shall be as determined by three
appraisers; one chosen by Lessee, one chosen by Lessor, and the
third appraise shall be chosen by the two chosen appraisers.
4. Use. The use of the leased area shall be only for the
purpose of lawn and garden.
5. Assignment. This Lease Agreement shall not be
transferred, assigned, or subleased.
6. Non -Waiver. It is agreed that the failure of Lessor to
invoke any of the available remedies under this lease or under law
in the event of one or more breaches or defaults by Lessee under
the lease shall not be construed as a waiver of such provisions and
conditions and shall not prevent Lessor from invoking such remedies
in the event of any future breach or default.
7. Compliance with Laws. Lessee agrees not to violate any
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law, ordinance, rule or regulation of any governmental authority
having jurisdiction of the leased premises.
8. Title and Quiet Enjoyment. Lessor covenants and warrants
that it is the owner in fee simple absolute of the leased premises
and may lease said premises as herein provided. Upon the
observance and performance of all covenants, terms and conditions
upon Lessee's part to be observed and performed, Lessee shall
peaceably and quietly hold and enjoy the demised premises for the
term hereby demised without hindrance or interruption by Lessor or
any other person or persons lawfully or equitably claiming by,
through or under Lessor, subject to the terms and conditions of
this lease.
9. Waste. Lessee agrees not to commit waste, nor permit
waste to result or to be done to or upon the aforesaid property and
premises.
10. Termination. Lease Agreement may be terminated prior to
the end of the lease term at any time mutually agreed upon by
Lessor and Lessee.
11. Severability. Each paragraph of this lease agreement is
severable from all other paragraphs. In the event any court of
competent jurisdiction determines that any paragraph or
subparagraph is invalid or unenforceable for any reason, all
remaining paragraphs and subparagraphs will remain in full force
and effect.
12. Interpretation. This lease agreement shall be
interpreted according to and enforced under the laws of the State
of Arkansas.
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13. Entire Agreement. This lease agreement contains the
entire agreement of both parties hereto, and no other oral or
written agreement shall be binding on the parties hereto. This
lease agreement supersedes all prior agreements, contracts and
understandings of any kind between the parties relating to the
subject matter hereof. This agreement may be executed in one or
more counterparts, each of which shall be deemed an original, but
all of which together shall constitute one and the same instrument.
IN NITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals on this C day of ,D 0 -14-%d 1992.
Atte
Gtiq
City Clerk
CITY OF FAYETTEVILLE,ARKANSAS
Lessor
BY
RUBY F. JOHNSON
Lessee
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DETAIL:
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LEGEND:
O SET IRON PIN
O STATE MONUMENT
O '%'CHISELED IN CURS
SCALE IN FEET
100 '00 O
200
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NE COR.
SEI/4 NE1
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ARA1
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Elm,.-Nl
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501124 117X4
Alan Reid
& ASSOCIATES
11 sr^arw
In
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CIIT of EayCL Lev' Ile
CI T
Faycllaville
STATE:
A rta ns as
COUNTY
OFIE
Nadel''' l0''
SCALE:
= 200'
JOS NO
Mint 49, 1992
92L46