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3430 RESOLUTION NO. 3,430 A RESOLUTION AUTHORIZING EXECUTION OF A LEASE OF MUNICIPAL PROPERTY TO T. A. FUZZELL FOR MAINTENANCE AND OPERATION OF AMUSEMENT RIDES; AND FOR OTHER PUR- POSES. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. The Mayor and City Clerk are hereby authorized and directed to execute for and in behalf of the City of Little Rock a certain lease instrument grant- ing to T. A. Fuzzell certain lands in War Memorial Park to be used in the operation and maintenance of amusement rides and related facilities. SECTION 2. The lease instrument referred to in Section 1 hereof shall be in form and substance as fol- lows: L E A S v The City of Little Rock, Arkansas, hereinafter known as the Lessor, in consideration of the agreements on the part of T.A. Fuzzell, hereinafter known as the Lessee, hereby leases to the Lessee for the term of ten (10) years from the date of this in- strument the hollowing premises in Pulaski County, Arkansas, more particularly described as follows : Beginning at an iron pin located at the intersection of center line of a dirt road leading to the State Hospital grounds with the west property line of Monroe Street; thence Jest 1, 000 feet to an iron pipe ; thence in a Southwesterly direction 465 feet to an iron pipe driven on the edge of the asphalt roadway; thence in an Easterly and Northeasterly direction on a line which meanders along the North edge of the asphalt pavement for a distance of 1, 673 feet to the point of beginning. Beginning at the Southwest corner of the bath house build- ing; thence South 55 feet to the North line of the asphalt roadway; thence West along the North line of asphalt road- way 227 feet to an iron pipe which marks the beginning of this description; thence in a Northeasterly direction 366 feet to the Northwest corner of the swimming pool fence; thence North 19 feet to the South property line of the road- way; thence in a Southwesterly direction on a curved line along the South and West line of the roadway for a distance of 444 feet; thence East 67 feet along the North edge of roadway to the iron pipe marking the beginning of this description. Beginning at the Southwest corner of the bath house build- ing; thence South 85 feet to an iron pipe marking the North- east corner of the proposed miniature golf course; thence West along the South line of the roadway 285 feet; thence South along the East line of the roadway a distance of 107 feet; thence East along the North line of roadway for a distance of 281 feet; thence in a Northerly direction along a curved line for a distance of 118 feet to a point of beginning. And the Lessee, in consideration of said leasing, agrees and covenants as follows : (1) To pay to the City of Little Kock, Arkansas, fifteen (15) percent of all of the gross amounts realized by the Lessee from the operation for hire on the leased premises of any amusement rides or concessions or carnival shows or the like, operated on said leased premises. The Lessee agrees, in short, to pay to the City of Little Rock, fifteen percent (15%) of all gross revenues origi- nated during the period of this lease from any enterprises or businesses conducted on the leased premises, provided, however, that any privilege taxes or licem-e fees otherwise owed b the Lessee shall, when paid, he credited against the amounts to be paid to the City as set out above . The Lessee agrees to pay any sums due under this Lease on the basis of the monthly receipts and the Lessee agrees to account to the Lessor for the sums due in any calendar month not later than the fifteenth (15th) day of the month following the calendar month for which the accounting is made . Said rents after they become due shall constitute a lien on any and all goods and merchandise, furniture and fixtures or other personal property owned by Lessee, and placed on the premises after said rent becomes due, excepting such goods as are sold in the usual course of retail trade . (2) To conduct any businesses or enterprises on the leased pre- mises so that same shall in all respects comply with the laws of the State of Arkansas, and the ordinances of the City of Little Rock. (3) To maintain at least seven amusement rides constantly during the period of this Lease . And the Lessor, in consideration of the agreements on the part of the Lessee, further agrees and covenants : (1) The Lessee shall have, during the term of this Lease, in the entire premises, known in 1955 as War Memorial Park, including the zoo, the exclusive right and privilege to install and operate such amusement rides and concessions, as may be agreed upon by the Lessee and Lessor. (2) The Lessor expressly agrees, without intending to limit hereby the scope or nature of any other rides, shows, concessions, and/or enterprises which may be conducted on said premises, that a skating rink or roller rink may be operated on said premises . (3) The Lessor further agrees that the Lessee may, at the termination of this Lease or any renewals of same, have the right and privilege, at the end of said term, to remove from the leased premises any personal property owned by Lessee and any structures, buildings, or improvemer ` placed thereon by the Lessee, provided however, that the Lessee shall return the premises to the Lessor in - 2 - approximately the same condition “s tat in which the Lk-3 said premises. It is further agreed between the parties of this Leas— that no holding over by the Lessee shall operaio to renew or extend this Lease without the written consent of the Lessor indorsed hereon. This Lease is intended to be in lieu of and substituted for all previous Lease Agreements between the parties hereto. IN WITNESS WHEREOF, We have executed this Agreement in duplicate on this day of , 1965 . CITY OF LITT E ROCK, ARKANSAS, Lessor Mayor City Clerk T. A. FUZZELL, Lessee STATE OF ARKANSAS)ss COUNTY OF PULASKI) ACKNOWLEDGMENT Before me, a Notary Public, duly commissioned and acting in and for the County and State above written, appeared and , to me personally well known, who stated that they were the Mayor and City Clerk, respectively, of the City of Little Rock, Arkansas, and that they had executed the foregoing Lease instrument in their respective capacities for and in behalf of the City of Little Rock, Arkansas. This day of , 1965, I have set my official seal. y commission expires : Notary Public STATE OF ARKANSAS)ss COUNTY OF PULASKI) ACKNOWLEDGMENT Before me, a Notary Public, duly commissioned and acting, in and for the County and State above written, appeared T. A. Fuzzell, to me alk personally well known, who stated that he had executed the foregoing Lease Agreement for the purposes and considerations therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and official seal as such Notary Public this day of i , 1965. My commission expires : Notary Public r S - 2 - SECTION 3. This resolution shall be in full force and effect from and after its adoption. ADOPTED: October 18, 1965 ATTEST: 11Cif : e APPrOVED! A''' y Clerk Mayo