2328 Z
RESOLUTION NO. 2328
A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK TO EXECUTE AND ENTER INTO A LEASE AGREEMENT WITH H. R.
ZOOK, SR. , FOR THE MacARTHUR PARK FOOD AND DRINK CONCESSION;
AND FOR OTHER PURPOSES .
WHEREAS, invitation for bids for the lease of concession at
MacArthur Park has been legally published; and
WHEREAS , bids have been received and opened pursuant to said
invitation; and
WHEREAS , the Board of Directors desires to award the lease to
the highest responsible bidder therefor;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The City of Little Rock hereby agrees to lease to
H. R. Zook, Sr. , for the year 1959 , the exclusive food and drink
concession located at MacArthur Park. The consideration to be
paid for the said lease shall be Six Hundred Fifty and No/100
Dollars ($650.00) , which shall be paid in full prior to April 1,1959 .
SECTION 2 . The Mayor and City Clerk are hereby authorized and
directed to execute and enter into a Lease Agreement with H. a.
Zook, Sr. , which lease shall be in form and words as follows:
"LEASE AGREEMENT
THIS AGREEMENT OF LEASE made and entered into this
day of , 1959 , by and between the City of
Little Rock, Arkansas, acting through the Mayor and City Cler'__
of the said City pursuant to the provisions of Resolution No .
hereinafter referred to as 'Lessor ' and H. R.
'Zook, Sr. , Little Rock, Arkansas, hereinafter referred to as
'Lessee ' ,
WITNESS ETH:
That the Lessor Zor the consideration, purposes and covenants
hereinafter set out hereby leases to H. R. Zook, Sr. , an ex-
clusive concession for the retail sale of food and drink in
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MacArthur Park, Little Rock, Arkansas.
The term of this Lease is nine months, which shall commence on
the 1st day of April, 1959 , and end on the 31st day of December,
1959 .
Lessee agrees to pay and Lessor agrees to accept as a rental
for said concession the sum of Six Hundred Fifty and Rio/100
Dollars ($650.00) , which shall be • paid in full on or before
April 1, 1959 .
The Parties hereto covenant as follows:
1. Lessee shall not assign or sub-let the concession herein
granted, or any part thereof, without the written consent of
the Little Rock Superintendent of Parks and Recreation.
2. Lessor agrees to provide, at Lessor ' s own expense, elec-
tricity and water which may be required for Lessee ' s concession
operation.
3 . Lessee agrees to keep concession stands and the area
immediately surrounding such stands clean, sanitary and free
from litter at all times .
4. Lessee agrees to assume all risk and liability for damage
to person or property arising out of or in any way connected
with his concession operation, and agrees to hold the Lessor
harmless therefrom.
5 . Lessee agrees to comply with all City Ordinances and Health
Requirements, State Laws and Regulations in the conduct and
operation of the concession herein granted.
6. Time is of essence of each of the agreements and conditions
herein to be performed by the Lessee. The failure of Lessor
to insist upon performance of any of the agreements and condi-
tions herein in any one or more instances shall not be a
waiver of the right thereafter to insist upon full and complete
performance of such agreements and conditions. Receipt by the
Lessor of rent with knowledge of the breach of any of the agree-
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. meats and conditions hereof shall not be deemed a waiver of
such breach.
CITY OF LITTLE ROCK, ARKANSAS ,
Lessor
BY:
Mayor
'ATTEST:
City Clerk
H. R. Zook, Sr . , Lessee
ACKNOWLEDGMENT
STATE OF ARKANSAS)
) ss.
COUNTY OF PULASKI)
On this day personally appeared before me the undersigned, a
Notary Public within and for the County and State aforesaid,
duly qualified and acting, Werner C. Knoop and Mrs. Pauline
Beeson, to me well known as the Mayor and City Clerk respectively,
and stated that they had executed the foregoing Lease Agreement
pursuant to provisions of Resolution No . for the
consideration and purposes therein mentioned and set forth.
WITNESS my hand and official seal this day of
, 1959 .
Notary Public
My commission expires:
ACKNOWLEDGMENT
STATE OF ARKANSAS)
) ss.
COUNTY OF PULASKI)
On this day personally appeared before me the undersigned, a
Notary Public within and for the County and State aforesaid,
duly qualified and acting, H. R. Zook, Sr . , to me well known
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as the Lessee in the above Lease Agreement and stated that he
had executed the same pursuant to provisions thereof and for
the consideration and purposes therein mentioned and set forth.
WITNESS my hand and official seal this day of
, 1959 .
Notary Public
My commission expires:
SECTION 3 . This resolution shall be in full force and effect
from and after its adoption .
ADOPTED: April 20, 1959.
ATTESTI,�-J 1 teso-v✓ APPROVED:
/71 ,y,
City Clerk 1lrir, :. .