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2232 RESOLUTION NO. 2232 A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO ENTER INTO AND EXECUTE A LEASE AGREEMENT ON BE- HALF OF THE CITY OF LITTLE ROCK FOR CERTAIN PROPERTY HEREIN- AFTER DESCRIBED, OWNED BY THE CITY OF LITTLE ROCK, TO MRS. ED TURNER; AND FOR OTHER PURPOSES. 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 enter into and execute a Lease Agreement on be- half of the City of Little Rock with Mrs. Ed Turner, which shall provide in form and words as follows: 'LEASE AGREEMENT THIS INDENTURE OF LEASE made and entered into this day of , 1958 , by and between the City of Little Rock, Arkansas, acting through the Mayor and City Clerk of the said City pursuant to the provisions of Resolution No . , hereinafter referred to as "Lessor" and Mrs. Ed Turner, #1 Delrose Drive, Little Rock, Arkansas, hereinafter referred to as "Lessee' , WITNESSETH: That the Lessor for the consideration, purposes and covenants hereinafter set out, does hereby let, lease and demise unto the said Lessee the following described premises located in Pulaski County, Arkansas, to-wit: The entire second floor of the Club House at the War Memorial Park Golf Course. The term of this lease is one (1) year commencing on the day of , 1958, and ending on the day of , 1959 . Lessee agrees to pay, and Lessor agrees to accept, an annual rental of One Thousand Three Hundred Eighty Dollars ($1,380.00) -2- payable in twelve (12) monthly installments of One Hundred Fifteen Dollars ($115 .00) each in advance on the day of each month. The Parties hereto covenant as follows: 1. Lessee will promptly pay the stipulated rental. 2. Lessee will use the said premises only for the purpose of operating a dancing school. 3 . Lessee will close the premises at twelve (12) o 'clock midnight. 4. Lessee will permit no person to enter the first floor rooms of the said premises after the pro-shop closes. 5. Lessee will permit no one to live in the premises or to sleep overnight therein without the written consent of the Little Rock Superintendent of Parks and Recreations. 6. Lessee shall not assign or sub-let the premises or any part thereof without the written consent of the Lessor. 7. Lessee will not permit parties on the premises in which the participants therein become intoxicated so as to disturb the peace. Lessee will not do or permit to be done anything upon the premises that conflicts with State or Municipal Laws or that creates a nuisance. 8. Lessee agrees that in the event one or more air condi- tioning units are installed in the said premises that Lessee will install a separate electric meter therefor and will pay the costs of the said installation. Lessee further agrees to pay monthly charges accruing from the use of the said air conditioning unit or units. 9 . Lessor agrees to provide electricity, water and natural gas at no cost to the Lessee except as provided in Paragraph 8 above. 10. Lessee may install a telephone or other equipment reasonably -3- necessary to the operation of a dancing school. 11. Lessee shall have the right to use the furnishings now in the premises including the juke box. 12. Lessor will make such repairs as are necessary to keep the premises in a presentable and usable condition . 13 . Lessee agrees to assume all risk and liability for any damages to person or property in or upon the said premises during the term of this lease whether such damages result from a present or future condition of the said premises, and agrees to save the Lessor harmless therefrom. 14. Time is of essence of each of the agreements and condi- tions herein to be performed by the Lessee. The failure of Lessor to insist upon performance of any of the agreements and conditions 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 agreements and condi- tions hereof shall not be deemed a waiver of such breach. 15 . Lessee has examined the premises herein leased, and ac- cepts them in the condition in which they are at present . Lessee agrees that no representation or warranty or agreement has been made by the Lessor or any agent of the Lessor which is not herein expressed. CITY OF LITTLE ROCK, ARKANSAS, Lessor BY: Mayor ATTEST: City Clerk Mrs. Ed Turner, Lessee -4- 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 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 , 1958 . 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, Mrs. Ed Turner to me well known as the Lessee in the above Lease and stated that she 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 , 1958 . Notary Public My commission expires: -5- SECTION 2. This resolution shall be in full force and effect from and after its adoption. ADOPTED: September 15, 1958 ATTES e_JSel) APPROVED: City Clerk Ma or.