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4669 RESOLUTION NO. 4,669 A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK ACTING ON BEHALF OF THE CITY OF LITTLE ROCK, ARKANSAS , TO EXECUTE A SUBLEASE OF CERTAIN LANDS TO ARKANSAS RIVER CHARTER, INC. , LESSEE, FOR A LANDING FACILITY FOR EXCURSION AND CHARTERED BOATS; AND FOR OTHER PURPOSES NOW, THEREFORE , BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS SECTION 1. The Mayor and the City Clerk are hereby authorized to execute a Sublease Agreement on behalf of the City of Little Rock, Arkansas , for the Sublease by Arkansas River Charter, Inc of certain lands heretofore leased by the City of Little Rock, Arkansas from the Secretary of the Army and the Corp of Engineers , United States Government, said Sub- lease being subject to the terms and agreements of the City' s lease with the Secretary of the Army #DACW03-1-71-338 and all supplemental agreements thereto. The property herein subleased to John F. Trotter is described as follows, to-wit: A tract of land situated in the County of Pulaski, State of Arkansas , being part of the SW4 of the fractional SE4 of fractional Section 24 , Township 2 North, Range 13 West of the Fifth Principal Meri- dian, and more particularly described as follows : Beginning at a point on the north right-of-way line for the access road to Murray Lock and Dam, said point being approximately 950 feet east and 750 feet north of the Southwest corner of said fractional SE4 thence northwesterly along said north right-of-way line 150 feet to a point; thence north 110 feet to a point on the ordinary high water line, right bank of the Arkansas River; thence downstream in the south- easterly direction along the meanders of said ordinary high water line 150 feet to a point; thence south 120 feet to the point of beginning, and containing 0 . 4 acres , more or less . SECTION 2 . A copy of the Lease hereby authorized is attached hereto and made a part of this Resolution. SECTION 3 . This Resolution shall be in full force and effect from and after its adoption. ADOPTED: October 5, 1971 ATTEST: APPROVED: 4.• '�%� City Clerk Mayor de LEASE THIS AGREEMENT made and entered into on the date identified below by and between the City of Little Rock, Lessor, acting pursuant to the authority of the Board of Directors of the City of Little Rock, Arkansas , and Arkansas River Charter, Inc. , Lessee , WITNESSETH: I The Lessor, for the consideration, purposes and cove- nants hereinafter set out, shall hereby let, lease and demise to the Lessee for a period of one year with the right of renewals for additional one-year periods but no such renewal shall extend past August 31, 1975 , the following lands located within the City of Little Rock, Pulaski County , Arkansas, more particularly described as follows , to-wit: A tract of land situated in the County of Pulaski, State of Arkansas , being part of the SW4 of the fractional SE; of fractional Section 24 , Township 2 North, Range 13 West of the Fifth Principal Meri- dian, more particularly described as follows: Beginning at a point on the North right-of-way line for the access road to Murray Lock and Dam, said point being approximately 950 feet east and 750 feet North of the Southwest corner of said fractional SEQ thence northwesterly along said north right-of-way line 150 feet to a point; thence north 110 feet to a point on the ordinary high water line , right bank of the Arkansas River; thence downstream in the south- easterly direction along the meanders of said ordinary high water line 150 feet to a point; thence South 120 feet to the point of beginning, and containing 0 . 4 acres , more or less . To have and to hold the same unto the said Lessee for and during the term aforesaid upon the terms and conditions here- inafter expressed. II Lessee agrees to pay and Lessor agrees to accept as rent for the said property the sum of One Dollar ($1.00) per year payable upon the effective date of this Lease and annually there- after for any renewals hereof . The receipt and sufficiency of said payment is hereby acknowledged. -2- III This Lease may not be assigned or the property herein demised sublet by the Lessee without prior written approval of the Lessor. IV It is specifically agreed and made a material part of this Lease that any improvements on the property made pur- suant to this Lease and all maintenance thereof shall be at the sole expense of the Lessee, Arkansas River Charter, Inc. , and shall be made in accordance with the requirements of the Department of Community Development of the City of Little Rock, and shall include a surfaced parking area on said property in accordance with the requirements of the said Department of Com- munity Development. Lessee agrees that no trees shall be removed from the demised property without prior approval of the Depart- ment of Parks and Recreation of the City of Little Rock, Arkansas. V It is mutually agreed that the demised premises shall be used by the Lessee solely for the operation of a landing facility for excursion or chartered boats and for no other pur- pose. This Lease is made subject to a certain Lease between the United States of America, Corp of Engineers and the City of Little Rock, Arkansas , same being described as Lease DACW03-1- 71-338 and supplemental agreements thereto, and no use of the above described property is permitted hereunder which is con- trary to the provisions of the said Lease Agreement and any supplemental agreements thereto. WHEREFORE , we have hereunto set our hands and seals this Gt/ day of D , 1971. CITY OF LITTLE ROCK, ARKANSAS , AT ST: Lesso a„yLe BY 11L44.4 6/1 Mayor ARKANSAS RIVER CHARTER, INC. , ATTEST: Lessee By John F. Trotter, President A C K N O W L E D G M E N T N T STATE OF ARKANSAS) ) ss . COUNTY OF PULASKI) On this day personally appeared before the undersigned, a Notary Public in and for the County and State aforesaid, duly qualified George Wimberly and Jane Czech, Mayor and City Clerk, respectively, of the City of Little Rock, Arkansas , and stated that they lad executed the foregoing instrument pursuant to the provisions of Resolution no. * 60 for the consideration and pur- poses therein mentioned and set forth. IN TESTIMONY WHEREOF,_� I have hereunto set my hand and seal this ( d day of er-( " O� '1, , 1971. O No ary P blic My commission expires : 1 y_ Commission E c„` .E; 'r 19'2 A C K N O W L E D G M E N T STATE OF ARKANSAS) ) ss . COUNTY OF PULASKI) On this day personally appeared before me the undersigned, a Notary Public in and for the County and State aforesaid, duly qualified John F. Trotter , to me personally well known, who stated that he is the President of Arkansas River Charter , Inc. , a cor- poration, and is duly authorized in his capacity to execute the foregoing instrument for and in the name of the said corporation, and stated and acknowledged that he has so signed, executed and delivered the foregoing instrument for the consideration and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of , 1971. Notary Public My commission expires :