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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. 0 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 . 0 This instrument was prepared by Charles C . Green, Attorney, 600 Fidelity Plaza, Oklahoma City, Oklahoma N 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 r " • 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: 0 ti - 2 - 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