4953 r
RESOLUTION NO. 4,953
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO ENTER INTO AND EXECUTE ON BEHALF OF THE CITY OF
LITTLE ROCK A LEASE AGREEMENT WITH THE KERR-McGEE
CORPORATION; 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 on behalf of the City of
Little Rock, a certain Lease Agreement with KERR-MCGEE CORPORATION,
covering the lease of certain lands owned by the City of Little
Rock and used as a part of the Oakland Cemetery properties.
SECTION 2. The Lease Agreement authorized in Section 1
hereof shall be in form and substance as follows:
, ,
LEASE AGREEMENT
THIS INSTRUMENT , made and entered into as of this day
of , 1973 , by and between the CITY OF LITTLE
ROCK, a municipal corporation organized and existing under the laws
of the State of Arkansas , acting by and through its Mayor and City
Clerk, and also acting by and through the Oakland Cemetery Commis-
sioners as a division of the government of said City, hereinafter
referred to as the "Lessor" , and KERR-McGEE CORPORATION (successor
to Peoples Service Stations, Inc. ) , a corporation duly created,
organized and existing under and by virtue of the laws of the State
of Delaware with its principal office in the Kerr-McGee Building,
Oklahoma City, Oklahoma, and being further domesticated and auth-
orized to transact business in the State of Arkansas , hereinafter
referred to as the "Lessee" ;
W I T N E S S E T H
I
Lessor hereby leases to Lessee a certain tract of land loca-
ted in the City of Little Rock, Arkansas , more particularly de-
scribed as follows :
A triangular shaped parcel at the northwest corner of
Barber Avenue and East Roosevelt Road, facing 250 feet
on Roosevelt Road and 200 feet on Barber Avenue, with
the boundaries of the two named streets forming two
sides of the triangular tract, and with the third side
of the triangle and rear line of the leased property
being along a line connecting two points ; point 1 being
a point in the northerly margin of East Roosevelt Road
250 feet westerly from the intersection of East Roose-
velt Road and Barber Avenue, and point 2, which is the
other end of the connecting line, being a point in the
westerly margin of said Barber Avenue 200 feet north
from the intersection of Roosevelt Road and Barber
Avenue.
The leased premises are the same as those which have
heretofore been occupied by a Peoples Service Station
in accordance with lease previously made on the 21st
day of June, 1962 , between the City of Little Rock and
Peoples Service Stations , Inc.
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II
The term of this lease is for a period of ten (10) years ,
commencing on the 14th day of May, 1973 , and ending on the 14th
day of May, 1983 .
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This instrument was prepared by Charles C . Green,
Attorney, 600 Fidelity Plaza, Oklahoma City, Oklahoma
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III
The Lessee shall pay to Lessor a rental of Four Hundred
and No/100 ( $400.00 ) Dollars per month, which
rental shall be payable monthly as to each particular month on or
before the tenth (10th) day of each month, and if any payment of
rent for any particular month remains unpaid for thirty (30) days
after due date, Lessor shall have the right to terminate this lease,
regain possession of the property, and hold Lessee liable for unpaid
rent due to the time of said termination.
It is understood and agreed that the execution of this lease
is an extension of the lease between Lessor and Peoples Service
Stations, Inc. , dated June 21, 1962 , covering the above described
leased premises which expires on May 14, 1973 , and that this lease
shall not become effective until May 14 , 1973 .
IV
At the termination of the lease, all permanent improvements
to the real estate shall remain on the property and become part of
the freehold belonging to Lessor, but Lessee reserves the right to
remove, at such time as it may vacate the premises upon termination
or for any other reason, all trade fixtures , including pumps , tanks ,
and other removable items of personal property.
V
Lessee agrees to keep and maintain the premises at all times
during the lease in good condition and repair, and at the termina-
tion of the lease will deliver the building and other improvements
to the freehold in as good condition as when erected and installed,
ordinary wear and tear, depreciation and obsolescence excepted.
Lessor covenants that it has a good and valid title to the prem-
ises herein leased, and has a full and complete legal right to lease
the same, and that all necessary legal steps required by any statutes
or ordinances applicable have been complied with to make this lease
fully authorized and legal and binding upon the parties .
VI
This lease is subject to ratification by the Board of Directors
of the City of Little Rock, and will become fully binding upon the
Lessor and the Lessee when executed by the parties , ratified by the
Board of Directors of the City of Little Rock, and Lessee has been
furnished with a copy of the resolution or ordinance passed, duly
certified by the City Clerk or Secretary of said Board of Directors ,
indicating ratification by the Board of Directors of this lease.
VII
The undersigned City Attorney for the City of Little Rock,
Arkansas, has signed below in approving this lease for the purpose
of certifying that it is in all respects authorized, that all legal
steps required pursuant to its execution have been taken, and that
upon ratification by the Board of Directors of the City of Little
Rock, it will be fully binding upon Lessor.
VIII
If Lessor shall fail promptly to perform any of the agreements
upon his part herein contained, the Lessee may, at his option, de-
clare this lease to be at an end.
If Lessee shall fail or refuse to pay the rental aforesaid at
the times and in the manner set out, or to do or perform any other
of the covenants on his part herein contained, or shall violate in
any particular any of the conditions hereof , or shall become in-
solvent , or become a bankrupt (either voluntary or involuntary) , or
shall make an assignment for the benefit of creditors , or if a re-
ceiver be appointed for him or to take charge of and manage any of
his affairs, then and in any or either of such events the Lessor
may, at his option, declare this lease terminated, and shall have
the right to enter upon and take possession of said property and
premises, either with or without notice, and evict and expell the
Lessee and any or all of his property, belongings and effects there-
from without process of law and without being guilty of any manner
of trespass , either at law or in equity and without prejudice to any
remedies or rights which he may have for the collection of any de-
linquent rents , possessions , damages , or otherwise. And no delay
in the exercise of the option aforesaid by the Lessor shall be
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deemed a waiver of his right to exercise the saire at a later time. It is pro-
vided, however, that before any forfeiture on the part of either the Lessor or
the Lessee shall occur, the party claiming the default shall give ten (10) days'
written notice to the other party and if the alleged default is corrected within
the ten-day period the default will be deemed cured and the foregoing provisions
of this paragraph VIII shall not apply.
IX
This lease is further approved by the Oakland Cemetery Commissioners, a
division of the City Government of the City of Little Rock as evidenced by the
signature of the Secretary of the Oakland Cemetery Commissioners who has exe-
cuted this lease as below set forth.
IN WITNESS WHEREOF, the parties have executed this instrument as of the
day and date first above written.
CITY OF LITTLE ROCK, ARKANSAS
BY e k -L-
W. H. Walters, Mayor
APPROVED:
City Attorney
Jane Czech, City Clerk
Lessor
RECOMMENDED BY:
OAKLAND CEMETERY COMMISSIONGERS
by
Roy Beard, Secretary
KERR-McGEE CORPORATION
By
President
ATTEST:
Assistant Secretary
Lessee
I
STATE OF ARKANSAS )
ss
COUNTY OF PULASKI )
Personally appeared before rre,
a Notary Public in and for said State and County, W. H. WAL'1ERS, and JANE CZECH,
with whom I am personally acquainted, and who upon their several oaths, acknow-
ledged themselves to be the Mayor and City Clerk, respectively, of the City of
Little Rock, Arkansas, and that they as such Mayor and City Clerk, being autho-
rized so to do, executed the foregoing instrument for the purposes therein con-
tained by signing the name of the City of Little Rock, Arkansas by the said
W. H. Walters as such Mayor, and attesting the same by the said Jane Czech as
such City Clerk.
Witness my hand and official seal at office, this day of
, 1973.
Notary Public
My Commission Expires:
STATE OF OKLAHOMA )
ss
COUNTY OF OKLAHOMA )
Personally appeared before me,
a Notary Public within and for the state and County aforesaid, F. C. Love and
, with whom I am personally acquainted, and
who upon their several oaths, acknowledged themselves to be the President and
Assistant Secretary, respectively, of Kerr-McGee Corporation, a Delaware Corpora-
tion, and that they as such President and Assistant Secretary, being authorized
so to do, executed the foregoing instrument for the purposes therein contained
by signing the name of the corporation by the said F. C. Love as such President,
and attesting the same by the said as such
Assistant Secretary.
Witness my hand and official seal at office, this day of
, 1973.
Notary Public
My Commission Expires:
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SECTION 3. This Resolution shall be in full force and
effect from and after its adoption.
ADOPTED: March 7, 1973
ATTEST: 4C.C1./ APPROVED: /0`140Wd
City Clerk Mayor