HomeMy WebLinkAbout7382RESOLUTION NO. 7.382 221
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO ENTER INTO A FIVE YEAR BOARDING LEASE
AGREEMENT FOR THE LITTLE ROCK POLICE
DEPARTMENT MOUNTED PATROL.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The City Manager is hereby authorized to
enter into a boarding lease agreement with Texas Eastern
Transmission Corporation (TECO) for a period of five years for
the purpose of boarding and sheltering the horses to be used by
the Little Rock Police Department Mounted Patrol Division.
ADOPTED: May 7, 1985
ATTEST: APPROVED:
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CITY ERR JANEV CZECH MAYOR THOMAS A. PRINCE
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LEASE AGREEMENT
222
STATE OF ARKANSAS §
COUNTY OF PULASKI §
THIS AGREEMENT made and entered into this _9th day of May 1985,
between TEXAS EASTERN TRANSMISSION CORPORATION, a Delaware Corporation,
hereinafter sometimes called "LESSOR ", and the CITY OF LITTLE ROCK, hereinafter
sometimes called "LESSEE ";
WITNESSTH:
(1) For and in consideration of $1 per year and other good and valuable
consideration, LESSOR hereby leases, for a period of five years from the date
of this instrument, the following described property located in Pulaski County,
State of Arkansas, to wit:
A part of the North One half (N1 /2) of Lot Five (5) of Pope's 1,000
Acre Grant in Section One (1), Township One (1) North, Range Twelve (12)
West, in Pulaski County, Arkansas, described as follows: Starting at the
Quarter Section corner between Sections One (1) and Twelve (12), Township
One (1) North, Range Twelve (12) West, and run West one hundred
seventy -six and eighty -eight one hundredths feet (176.881) to the
Southwest corner of said Lot Five (5); thence North eight degrees East
(N8 0E) two thousand sixty -nine and fifty -nine one hundredths feet
(2,069.59') on the West line of said Lot Five (5); thence South
eighty -four degrees, thirty minutes East (S84 °3O'E), forty -six and eight
tenths feet (46.8') to the point of beginning. Thence continuing South
eighty -four degrees, thirty minutes East (S84 °3O'E) six hundred thirty and
three tenths feet (630.3'); thence North, eight degrees no minutes East
(N8 °O'E) five hundred sixty -four and two tenths feet (564.21) to the
normal high water line of the Arkansas River along its South bank; thence
in a westerly direction along said normal high water line six hundred
ninty -two and two tenths feet (692.2'), more or less, to the West line of
the aforesaid Lot Five (5); thence South eight degrees no minutes West
(5800114) fifty and five tenths feet (50.0'); thence East twenty -five and
twenty -five one hundredths feet (25.25'); thence South five degrees,
thirty seven minutes West (S5037'W) five hundred twenty -one and five
tenths feet (521.5') to the point of beginning.
(2) As further consideration for this lease, the LESSEE agrees to the
following:
(a) LESSEE agrees to limit the use of the premises to the keeping
and sheltering of horses. Any other use requires prior written
approval from the LESSOR.
(b) LESSEE agrees to return the said premises to the LESSOR in as
0
good or better condition, so far as is practicable, as when said
premises were received.
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(c) LESSEE agrees that upon expiration or termination of this lease, 2 2 3
all of the fences, structures,or other improvements affixed to
the premises by the LESSEE shall be left in place and become the
.property of the LESSOR or dismantled and removed from the
i
premises if so directed by the LESSOR.
(d) LESSEE, its employees, agents and invitees, shall --xercise
LESSEE'S rights and privileges hereunder at LESSEE'S sole risk,
cost and expense, and LESSEE shall indemnify and hold harmless
LESSOR from and against any and all claims, demands, causes of
actions, costs, expenses and liability of any nature whatsoever,
to include court costs, attorney's fees and any expenses
incurred in enforcing this provision, that may result from,
arise out of, be related to, or in any way be connected with the
exercise of LESSEE "s rights and privileges as herein provided or
the breach, violation or nonperformance of any obligation of
LESSEE to be observed or performed hereunder; provided, however,
that nothing herein shall be construed to required or obligate
LESSEE to indemnify LESSOR against or hold LESSOR harmless from
its own negligent acts or omissions.
(e) LESSEE agrees that LESSOR, or its agents, shall at all times
have the right of ingress and egress over and across the leased
premises for the purpose of inspecting and /or making repairs to
LESSOR's pipelines and furthermore, LESSOR shall not be
responsible for damages to or replacement of LESSEE's fences,
structures, or other improvements to the premises in the event
of any emergency, operation and /or maintenance activity.
(f) LESSEE agrees to immediately remove the horses from the premises
upon notification by LESSOR, if in the sole opinion of the
LESSOR said horses could be endangered due to any emergency,
operation, and /or maintenance activity. Upon completion of any
work to be performed.and with the approval of LESSOR, the horses
may be returned to the premises.
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(g) LESSEE agrees that it will not construct nor permit to be
constructed any structures or obstructions (except for fences)
on or over, or that will interfere with the construction,
maintenance or operation of any pipeline or appurtenances, and
will not change the grade over the pipeline.
(3) This lease is subject to termination thirty days following written
notice by either LESSEE or LESSOR.
(4) Any notices, except those notices required in Section f of
Paragraph 2, to be made under this Lease Agreement shall be deemed effective
upon posting by U. S. Registered or Certified mail to the parties hereto at the
following addresses:
LESSOR: Texas Eastern Transmission Corporation
Attn: Rights of Way and Land Dept.
P. 0. Box 2521
Houston, TX 77001
LESSEE: City of Little Rock
Attn: Dept. of Human & General Services
Markham at Broadway
Little Rock, AR 72201
IN WITNESS WHEREOF, this agreement has been executed in duplicate
originals on the day and year first above written.
ATTEST:
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ATTEST:
CITY OF LITTLE ROCK:
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Mayor Thomas A. Prince
TEXAS EASTERN TRAN 34ISSION CORPORATION:
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224
IM.
STATE OF ARKANSAS §
§ ss
COUNTY of <a p ,, k §
225
BE IT REMEMBERED, that on the 9_ day of 'dE�111,� _, A.D. 1 —I
before the undersigned, a Notary Public in and for said County of Au"JLL�_,
and said State of Arkansas, personally appeared Thomas A. Prince ,
Mayor of the City of Little Rock and acknowledged the execution of the
foregoing instrument on behalf of said City of Little Rock as the voluntary act
and deed of said City of Little Rock for the uses and purposes therein set
forth.
IN WITNESS WHEREOF, I have hereunto set my hand and oifficial seal the day
and year aforesaid.
Notary ublic
My Commission expires on the 3AA day of r ,op� D 19�•
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned authority, on this day personally appeared
, known to me to be the person and
officer whose name is subscribed to the foregoing instrument and acknowledged
to me that the same was the act of the said corporation, and that he executed
the same as the act of such corporation for the purposes and consideration
therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
19
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Notary Public in and for
County, Texas
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