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M M
RESOLUTION NO. 8,624
A RESOLUTION AUTHORIZING THE EXECUTION OF A
NEW LEASE FOR AMUSEMENT RIDES AND CONCESSIONS
AT WAR MEMORIAL PARR; AND FOR OTHER
PURPOSES.
WHEREAS, the extended amusement concession lease with Lloyd
L. Choate expired November 2, 1991; and
WHEREAS, the City staff has recommended that the lease be
extended again on a month to month tenancy incorporating the
lessee's continuing commitment to maintain the demised premises;
and
WHEREAS, certain provisions of the original lease,
extensions and renewals thereof are obsolete and no longer apply
to present circumstances; and
WfII?REAS, a new lease should be executed between the City
and Lloyd L. Choate incorporating relevant provisions from the
original lease, extensions and renewals thereof, together with
appropriate conditions as agreed to by the parties for
consideration in the new lease.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK:
SECTION 1. A new lease for the operation of amusement rides
and concessions at War Memorial Park is hereby authorized to be
executed between the City of Little Rock and Lloyd L. Choate on
a month to month tenancy to expire on thirty (30) days written
notice of either party.
SECTION 2. This resolution shall be in full force and
effect from and after its adoption and approval.
ADOPTED: January 7, 1992
ATTEST:
.O
CITY CLERK
"�;PR 2D
.0
OR
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APPROVED AS TO FOP14:
r'
ATTORNEY CITY
3
LEASE AGREEMENT 4
This Lease Agreement between the City of Little Rock,
Arkansas (the "Lessor°) and Lloyd L. Choate (the 'Lessee") is
made and entered into at Little Rock, Arkansas this day of
December, 1991.
W I T N E S S E T H:
WHEREAS, the Lessor and Lessee entered into an Amended
Lease dated November 19, 1980 for a term ending November 2, 1990
and extended by Resolution No. 8,409 to November 2, 1991,
involving public land situated in War Memorial Park in the City,
pertaining to the operation of amusement rides and concessions
in the park; and
WHEREAS, the Lessor and Lessee desire to enter into a new
lease agreement incorporating appropriate terms and conditions
as set forth herein; and
WHEREAS, it is determined to be mutually advantageous to
Lessor and Lessee that this lease be entered into for a period
ending November 15, 1992, unless sooner terminated by the
Lessor; and
WHEREAS, Little Rock Resolution No. adopted by the
Little Rock Board of Directors on authorizes a
new lease for a month to month tenancy.
NOW, THEREFORE, FOR MUTUAL VALUABLE CONSIDERATION, THE
RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACENOWLEDGED, LESSOR
AND LESSEE COVENANT AND AGREE AS FOLLOWS:
1. Leased premises. Lessor hereby leases to Lessee under
the terms and conditions hereof.
(See Exhibit "A" attached hereto]
2. Term. This lease shall commence on the date of execution
hereof and shall extend on a month to month basis until
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cancelled by either party giving thirty (30) days advance
written notice to the other.
3. Consideration. The Lessee, in consideration of said
lease, agrees and covenants as follows:
(a) To pay to the City of Little Rock, Arkansas,
fifteen percent (15 %) 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 to pay
to the City of Little Rock, fifteen percent (15 .*)
of all gross revenues originated during the period
of this Lease from any enterprise or business
conducted on the leased premises. This fifteen
percent (15%) of gross revenue realized by Lessee
shall be computed after deducting sales tax
payments to the State by the Lessee. Any privilege
taxes or license fees otherwise owed by the Lessee
shall, when paid, be 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 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
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such goods
retail trade.
as are sold in the usual course of
(b) The Lessee will provide the City Collector with an
accounting of all ticket numbers sold (beginning,
ending and total used) on the leased premises, and
shall report all revenue derived therefrom along
with all other gross revenue received by Lessee
from concessions, stands and private parties on
leased premises.
(c) The reporting of all gross receipts as required by
this Lease shall be in the form of a monthly
certification signed by the Lessee. Said
certification shall show the receipts from each
source of revenue.
(d) Further, Lessee agrees that Lessor shall be
privileged and have the right to audit Lessee's
records of operation conducted under this Lease at
such reasonable time or times as Lessor may choose,
all at the expense of Lessor. Lessee shall preserve
and maintain all records of operation under said
Lease for a period of at least three (3) years.
4. Lessee agrees to conduct any business or enterprise on
the leased premises 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. -
5. Lessee agrees to mainta
rides constantly during operating
6. The Lessee is granted the
the Kiddie Zoo Train concessions.
by the Lessor will be distributed
3
in at least five (5) amusement
hours.
right and privilege to operate
The revenues derived therefrom
according to the provisions of
s
Resolution No. 4,054 until changed by the Board of Directors.
7. Lessee agrees that should Lessee receive a bona fide
offer to sell or dispose of the amusement enterprise operated by
him at War Memorial Park, the Lessor shall be granted the first
option to purchase said enterprise at a sum not less than that
established by said bona fide offer. The option shall be valid
for a period of forty -five (45) days from the date Lessee
notifies Lessor in writing of the receipt of said bona fide
offer.
S. During the term of this Lease, Lessee shall have the
exclusive right and privilege to install and operate such
amusement rides and concessions as may be agreed upon by Lessee
and Lessor in the leased premises above described; provided,
however, Lessor reserves the right to operate, outside the
premises specifically leased hereunder, but within the premises
known as War Memorial Park, eating and other type concessions,
not to include amusement rides and amusement facilities
comparable to or directly competitive with the type of those
operated by the Lessee. Provided specifically, however, that the
Lessor or its assigns may operate a gift shop within the zoo
area. Said gift shop may sell such items including, but not
limited to, souvenirs, condiments, crafts, balloons, articles of
clothing and other items which may usually be sold in the course
of the operation of a gift shop.
9. The Lessor further agrees that the Lessee may, at the
termination of this Lease, have the right and privilege within
ninety (90) calendar days of the end of said term, to remove
from the leased premises any personal property owned by Lessee,
and any structures, building, or improvements placed thereon by
the Lessee, provided; however, that the Lessee shall return the
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premises to the Lessor in approximately the same condition as
that in which Lessee received said premises.
10. The Lessor agrees to continue to furnish and maintain
adequate toilet facilities for the public in the leased area.
11. The children's ride adjacent to the Fitness Complex
service area shall be moved by Lessee within one month of the .
date of execution of this Agreement.
12. The existing white building and all structures east of
that building may be removed by Lessor during the term of this
Lease in order to construct the parking lot for the Fitness
Complex. The structure which housed the carousel will be removed
by the Lessor during the term of this Lease.
13. Lessor reserves the right to enter the leased premises
during the term of this lease to build fences or barricades to
shield the leased premises from the construction area of the
Fitness Complex.
14. Lessee agrees to limit the volume of music played
through loudspeakers in the amusement area so as not to disturb
the visitors or the animals at the zoo. Lessee further agrees
that the employees operating amusement park activities which
broadcast radio programs and music to turn down the volume upon
reasonable request from the public or from zoo personnel.
15. It is further agreed between the parties to this Lease
that no holding over by the Lessee shall operate to renew or
extend this lease without written consent of the Lessor endorsed
thereon.
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IN WITNESS WHEREOF, we have executed this Lease Agreement
on this day of , 1991.
CITY OF LITTLE ROCK, ARKANSAS
Lessor
ATTEST:
---K-
Robbie Hancoc
City Clerk
910264
By:
By:
Lloyd Choate, Lessee
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M M M%M M� 1 ii
LEASE DESCRIPTION
Beginning at a point at the intersection of Monroe Street and the State
Hospital Road; thence north 85 ° 19' West 266.74 feet to an iron pin;
thence north 88° 50' West 591 feet (intersecting line C) to the far post
of a fence; thence south 2° 43' West 57 feet to an iron pin; thence
south 41 ° 51' West 321.18 feet to an iron pin; thence south 33 ° 9'
West 113.01 feet to an iron pin; thence south 590 15' East 323.62
feet, also being the north line of the park drive to the intersection of
the northeast corner of a catch basin and back of the curb line being the
NW corner of the intersection of the park drive and the War Memorial
Midway Drive. Thence south 870 17' East 219.1 feet past an iron pin
until intersects with line A, then following line B and C as mapped
until line C intersects original boundary.
The lands described herein include a portion of paved drive, a portion
of parking area, and concrete sidewalks; it is expressly understood that
the 39 foot wide drive, the parking area and the concrete sidewalks
will be maintained by the City and the leasee has no interest in nor can
encroach, block, place any device .in or on said area. It is further
understood that the City will have ingress and egress to maintain the
transformer stations and restrooms also located within the described
area and as needed for construction access.
EXHIBIT NO.�