5455 RESOLUTION NO. 5,455
A RESOLUTION AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AMENDED LEASE
WITH DOYLE O 'KELLEY OF MUNICIPAL PROPERTY
FOR THE MAINTENANCE AND OPERATION OF
AMUSEMENT RIDES IN WAR MEMORIAL PARK;
AND FOR OTHER PURPOSES.
WHEREAS, Doyle O 'Kelley desires to relinquish to the City
some of the property contained in the 1968 lease made with T. A.
Fuzzell; and
WHEREAS, some of the portions of said lease are now obsolete
and should be deleted .
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS.
SECTION 1 . That the Mayor and City Clerk are hereby authorized
and directed to enter into an amended lease with Doyle O 'Kelley
of municipal property for the maintenance and operation of amuse-
ment rides in War Memorial Park.
SECTION 2 . That a copy of said amended lease is attached
hereto as Exhibit "A" , and made a part hereof.
SECTION 3. This Resolution shall be in full force and effect
from and after its adoption.
ADOPTED: December 8, 1975
9 ATTEST: APPROVED � - , ,�„ •.4
City Cler •/ Or ayor
4
AMENDED LEASE
WHEREAS, the City of Little Rock, Arkansas, as Lessor,
entered into a certain lease with T. A. Fuzzell on July 9, 1968,
and
WHEREAS, said lease is now held by Doyle O 'Kelley, the
assignee of T. A. Fuzzell, and
WHEREAS, the Lessee desires to relinquish to the City some
of the property contained in the original lease, and remove certain
portions of said lease that are now obsolete,
NOW, THEREFORE, it is mutually agreed that the lease concern-
ing the operation of amusement rides and concessions at the War
Memorial Park is hereby amended to read as follows:
The City of Little Rock, Arkansas, hereinafter known as the
Lessor, in consideration of the agreements on the part of Doyle
O 'Kelley, hereinafter known as Lessee, hereby leases to the Lessee,
his heirs or assigns, for a term ending November 2, 1980, the
following premises in Pulaski County, Arkansas, 'more particularly
described as follows:
Beginning at a point at the intersection of
Monroe Street and the State Hospital Road;
thence north 85 degrees 19 minutes West 266.74
feet to an iron pin which is the northeast
corner and the beginning point of said lease;
thence north 88 degrees 50 minutes West 591
feet to the far post of a fence being the north-
west corner of said lease; thence south 2 degrees
43 minutes West 57 feet to an iron pin; thence
south 41 degrees 51 minutes West 321 .18 feet to
an iron pin; thence south 33 degrees 9 minutes
West 113.01 feet to an iron pin; thence south
59 degrees 15 minutes East 323 .62 feet, also
being the north line of the park drive to the
intersection of the northeast corner of a catch-
basin and back of curb line being the northwest
corner of the intersection of the Park Drive and
the War Memorial Midway Drive. Thence South 87 degrees
17 minutes East 219. 1 feet to an iron pin which
denotes the southeast most corner of the lands
herein described, thence North 8 degrees 45 minutes
East for 307. 5 feet to an iron pin next to the
sidewalk, thence North 89 degrees 6 minutes East
84.8 feet to the first post on top of red brick
wall, thence in an easterly direction along the
wall 9.9 feet thence northerly along a portion
of the wall 81 feet to a point on the north curb
line of Midway Drive, thence North 88 degrees
40 minutes East 235 feet, more or less, to an iron
pin; thence north 10 degrees 37 minutes East 187 .35
feet to the point of beginning of the lands herein
described .
Provided, however, the lands described herein
include a portion of a paved drive, a portion
of a parking area, concrete sidewalks; it is
expressly understood that the 39 foot wide
drive, the parking area and the concrete side-
walks will be maintained by the City and the
Lessee has no interest in nor can encroach,
block, place any device in and on said area .
It is further understood that the City will
have ingress and egress to maintain the trans-
former stations and the restrooms also located
within the described area .
The Lessee, in consideration of said leasing, agrees and covenants
as follows:
(1) To pay to the City of Little Rock, Arkansas, fifteen per
cent (15%) of all of the gross amounts realized by the Lessee from
the operation for hire on the leased premises of any amusement
rides or concessions or carnival shows or the like, operated on
said leased premises. The Lessee agrees to pay to the City of
Little Rock, fifteen per cent (15%) of all gross revenues originated
during the period of this lease from any enterprise or business con-
ducted on the leased premises. This fifteen per cent (15%) of gross
revenue realized by Lessee shall be computed after deducting sales
tax payments to the State by the Lessee. Any privilege taxes or
license fees otherwise owned by the Lessee shall, when paid, be
credited against the amounts to be paid to the City as set out above.
The Lessee agrees to pay any sums due under this Lease on the basis
of the monthly receipts, and to account to the Lessor for the sums
due in any calendar month not later than the fifteenth (15) day of
the month following the calendar month for which the accounting is
made. Said rents after they become due shall constitute a lien on
any and all goods and merchandise, furniture and fixtures or other
personal property owned by Lessee, and placed on the premises after
said rent becomes due, excepting such goods as are sold in the usual
course of retail trade.
The Lessee will provide the City Collector with an accounting
of all ticket numbers sold (beginning, ending and total used) on the
leased premises, and shall report all revenue derived therefrom
along with all other gross revenue received by Lessee from conces-
sions, stands and private parties on leased premises.
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The reporting of all gross receipts as required by this Lease
shall be in the form of a monthly certification signed by the Lessee .
Said certification shall show the receipts from each source of rev-
enue.
Further, Lessee agrees that Lessor shall be privileged and
have the right to audit Lessee' s records of operation conducted
under this Lease at such reasonable time or times as Lessor may
choose, all at the expense of Lessor. Lessee shall preserve and
maintain all records of operation under said Lease for a period of
at least three (3) years.
(2) To conduct any business or enterprises on the leased pre-
mises so that same shall in all respects comply with the laws of
the State of Arkansas , and the Ordinances of the City of Little Rock .
(3) To maintain at least seven amusement rides constantly dur-
ing the period of this Lease.
(4) The Lessee is granted the right and privilege to operate
the Kiddie Zoo Train concession, and the revenues derived therefrom
by the City will be distributed according to the provisions of
Resolution No. 4,054, until changed by the Board of Directors .
(5) The Lessee agrees that should Lessee receive a bona fide
offer to sell or dispose of the amusement operation operated by him
at War Memorial Park, the Lessor shall be granted the first option
to arrange for the purchase of said operation at a sum not less
04 than that established by said bona fide offer. Option shall be
4 valid for a period of forty-five (45) days from the date Lessee
notifies Lessor in writing of the receipt of said bona fide offer.
AND THE LESSOR, in consideration of the agreements on the part
of the Lessee, further agrees and covenants :
(1) During the term of this Lease, Lessee shall have the ex-
clusive right and privilege to install and operate such amusement
rides and concessions as may be agreed upon by Lessee and Lessor
4 in the leased premises above described ; provided, however, Lessor
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reserves the right to operate, outside the premises specifically
leased hereunder, but in the premises known as War Memorial Park,
.-.A t:i nq and other type concessions, not to include amusement rides
-asd amusement facilities comparable to or directly competitive
with the type of those operated by the Lessee.
(2) The Lessor expressly agrees, without intending to limit
hereby the scope or nature of any other rides, shows, concessions,
and/or enterprises which may be conducted on said premises, that
a skating rink or roller rink may be operated on said premises.
(3) The Lessor further agrees that the Lessee may, at the
termination of this Lease or any renewals of same, have the right
and privilege, at the end of said term, to remove from the leased
premises any personal property owned by Lessee, and any structures,
building, or improvements placed thereon by the Lessee, provided,
however, that the Lessee shall return the premises to the Lessor
in approximately the same condition as that in which Lessee re-
ceived said premises .
(4) The Lessor agrees that the Lessee may continue operation
1
of the concessions in the softball field area.
(5) The Lessor agrees to continue to furnish and maintain
adequate toilet facilities for the public in the leased area .
(6) That an option is hereby granted to the Lessee to extend
this lease for an additional five ( 5) year period, upon notifying
the Lessor in writing at least one (1) year prior to the expiration
of this lease, said extension will be upon the same terms and con-
ditions herein provided.
It is further agreed between the parties of this Lease that
no holding over by the Lessee shall operate to renew or extend
this Lease without written consent of the Lessor endorsed thereon.
IN WITNESS WHEREOF, we have executed this Agreement in duplicate
on this day of , 1975 .
CITY OF LITTLE ROCK, ARKANSAS, Lessor
By'—_-- -
Mayor
City Clerk
-4- DOYLE O 'KELLEY Lessee