2805 . . i 1
RESOLUTION NO . 2,805
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AND ENTER INTO ON BEHALF OF THE CITY OF LITTLE
ROCK A CERTAIN LEASE CANCELLATION AGREEMENT WITH ROWLEY
UNITED THEATRES, INC; AND FOR OTHER PURPOSES .
WHEREAS, Rowley United Theatres, Inc. , and the City of Little
Rock entered into a certain Lease dated February 26, 1952, by
which the said Corporation leased from the City of Little Rock
certain property therein described; and
WHEREAS, the Little Rock School District, Pulaski County,
Arkansas, is desirous of leasing said property for the purpose
of constructing school facilities thereon and has agreed to
pay Rowley United Theatres, Inc. , for the cancellation of its
right, title and interest in and to said Lease dated February
26, 1952; and
WHEREAS, the City is willing to cancel said Lease;
NOW THEREFORE, 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 on behalf of the City of
Little Rock a certain Lease Cancellation Agreement with Rowley
United Theatres, Inc . , thereby cancelling a certain Lease between
said parties dated February 26, 1952 .
SECTION 2. The Lease Cancellation Agreement referred to in
Section 1. hereof shall be in form and substance as follows:
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LEASE CANCELLATION AGREEMENT
This Lease Cancellation Agreement made and entered into by
and between the City of Little Rock, Arkansas , hereinafter referred
to as "City' , and Rowley United Theatres , Inc . , hereinafter referred
to as "Rowley" as of this first day of January, 1962, WITNESSETH:
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WHEREAS , Rowley and the City entered into a Lease dated
February 26 , 1952 , by which Rowley leased from the City for a period
of ten (10) years with the option for an additional ten (10) year
period the following described lands located in the City of Little
Rock, Pulaski County, Arkansas , to-wit :
All that part of the Northwest Quarter (OW4) of the
Southeast Quarter (SE1) of Section Eleven (11) ,
Township One North (T 1 N) , Range Twelve West
(R 12 W) , lying West of Barber Avenue and North of
East 21st Street in the City of Little Rock, County
of Pulaski, State of Arkansas , and containing twelve
(12) acres , more or less ,
upon the terms and conditions set forth in said Lease dated February 26,
1952 which is on file with the City Clerk of the City and is incor-
porated herein by reference; and
WHEREAS ,by virtue of an amended lease contract dated Feb-
ruary 26 , 1952 entered into between Rowley and the City, it was
agreed that Razorback Drive-In Company, an Arkansas corporation,
would be substituted as Lessee in the Lease referred to in the pre-
ceding paragraph, that is , the lease dated February 26, 1952, in
place of Rowley; and thereafter by an assignment dated May 9 , 1957 ,
appearing of record in Pulaski County, Arkansas , Deed Record Book
691 at Page 337 , Razorback Drive-In Company assigned all its right,
title, and interest in said Lease dated February 26, 1952 back to
Fawley, so that at this time Rowley is the owner of all of the Lessee's
right, title and interest in and to said Lease dated February 26,
1952; and
t'dge
WHEREAS , the Little Rock School District , Pulaski County ,
Arkansas , is desirous of leasing the above described lands from the
City for the purpose of constructing school facilities thereon and
has agreed to pay Rowley a cash consideration for the cancellation
of its right, title and interest in and to said Lease dated February 26 ,
1952 in order that it may enter into a lease in regard to the above
described lands with the City , which cash consideration has been paid
to Rowley , the receipt of which is hereby acknowledged by Rowley;
NOW , THE,'EFOk , the parties hereto , the Lity and Rowley, in
consideration of said cash payment and their mutual covenants and
promises , hereby agree that said Lease dated February 26 , 1952 be ,
and the same is hereby cancelled and terminated , and the rights of
the parties thereto , both the City and ,;o\ ley ,, be and the same are
hereby surrendered , cancelled and voided.
IN WITNESS WHEREOF, the parties hereto have caused this
Lease Cancellation Agreement to be executed by their duly authorized
officers as of the date first hereinabove set forth.
CITY OF LITTLE ROCK, ARKANSAS
By
Mayor
ATTEST:
City Clerk
(SEAL)
ROWLEY i :SITED THEATRES , INC.
i a.. r►.
f President
c,i . rnt 7ecrec.ar7
r._
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ACKNOWLEDGMENT
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STATE OF AlKANSAS )
i )
COUNTY OF PULASKI )
On this day of &altul , 1962 , before me , a Notary
Public , duly commissioned , qualified and acting , within and fcr the
State and County aforesaid , appeared in person the within named
W. C. Knoop and Pauline G. Beeson, Mayor and City Clerk, respectively,
of the City of Little Rock, Arkansas , a wunicipality of the State of
Arkansas , to me personally known , who stated that they were duly
authorized in their respective capacities to execute the foregoing
instrument for and in the name of said municipality , and further
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stated and acknowiec gee that they had signed , executed and delivered
said foregoing ins tru_ient for the consideration, uses and purposes
therein mentioned and scL fort'r, .
N TES riMVNY 'XHEREOF , I have hereunto set my hand and
official seal this day of • 1962 .
My commission expires : :votary Public
(SEAL)
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ACKNOWLEDGMENT
STATE OF TEXAS )
COUNTY OF DALLAS )
On this day of , 1962, before me,
, a Notary Public, duly commissioned,
qualified and acting, within and for the said County and State,
appeared in person the within named and
, to me personally well known, who
stated that they were the President and Assistant Secretary
of Rowley United Theatres, Inc. , a corporation, and were
duly authorized in their respective capacities to execute the
foregoing instrument for and in the name and behalf of said
corporation, and further stated and acknowledged that they
had so signed, executed and delivered said foregoing
instrument for the consideration, uses and purposes therein
mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and official seal .this day of , 1962.
Notary public
My commission expires:
(SEAL)
v y
SECTION 3 . This resolution shall be in full force and
effect from and after its adoption.
ADOPTED: February 19, 1962
ATTEST:�a APPROVED:
/;6 ; .9
City Clerk
Lit 4^
G- or.