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HomeMy WebLinkAbout7085RESOLUTION NO. 7,085 134 A RESOLUTION AUTHORIZING AN AMENDMENT TO AMENDED LEASE DATED NOVEMBER, 19, 1980 BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, LESSOR, AND DOYLE O'KELLEY, LESSEE, PERTAINING TO THE OPERATION OF AMUSEMENT RIDES AND CONCESSIONS AT WAR MEMORIAL PARK IN LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. WHEREAS, the City of Little Rock, Arkansas, as Lessor, and Doyle O'Kelley, as Lessee, pursuant to authority of Resolution No. 6470 adopted by the Board of Directors of said City on November 18, 1980, entered into an Amended Lease dated November 19, 1980 for a term ending November 2, 1990 involving lands situated in War Memorial Park in said City pertaining to the operation of amusement rides and concessions in said Park; and WHEREAS, it is determined to be mutually advantagious to the Lessor and Lessee that said Amended Lease be amended so as to authorize and permit the Lessee to use, operate, maintain, repair and replace, from time to time, certain buildings and structures now located on said premises used, and to be used, for storage, security, maintenance and housing all in connection with, necessary and related to the operation of said amusement rides and concessions. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. The Mayor and City Clerk, acting for the City of Little Rock, Arkansas, are hereby authorized to enter into and execute an Amendment of that Amended Lease dated November 19, 1980 between the City of Little Rock, Lessor, and Doyle O'Kelley, Lessee, and assigned by Lessee (with approval of Lessor) to Lloyd Choate on October 14, 1982, by amending Paragraph (3), Page 4 thereof to be in form and substance as follows: "(3) a) 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, -2- provided, however, that the Lessee shall return the premises to the Lessor in approximately the same condition as that in which Lessee received said premises. b) Lessor further agrees that Lessee, his successors and assigns, shall be and they are hereby authorized throughout the term of this lease and all extensions, if any, after the extension term hereof ending November 2, 1990, to use, operate, maintain, repair and replace, from time to time, those buildings and structures now used and to be used for storage, security, maintenance and housing all in connection with, necessary and related to the operation of the amusement rides and concessions herein provded for in War Memorial park and all as shown on and reflected by Exhibit "A" attached hereto and made a part hereof the same as though set out herein word for word." c) provided further, Lessee agrees that within thirty (30) days from the date hereof he will cause all buildings and structures identified on Exhibit "A" to conform to the Code standards of the Lessor pertaining to electric, plumbing, sewerage and building and cause the immediate area wherein said buildings and structures are situated to be enclosed with fencing and /or barriers. Compliance herewith by Lessee shall be reflected by written report of the Code Enforcement Division of the Public Works Department of Lessor and said Report shall be attached to the said Amendment to said Amended Lease and become a part thereof. Failure on the part of Lessee to so comply shall be considered a material breach." 135 -3- 136 SECTION 2. A copy of said Amendment to Amended Lease, when fully executed, shall be attached hereto and made a part hereof. SECTION 3. This Resolution shall be in full force and effect from and after its adoption. ADOPTED: November 1, 1983 ATTEST: VITY CLE C Jane Czec APPROVED: AMENDMENT TO AMENDED LEASE DATED NOVEMBER 19, 1980 BETWEEN THE CITY OF LITTLE ROCK, y 7 ARKANSAS, LESSOR, AND DOYLE O'KELLEY, LESSEE, PERTAINING TO AMUSEMENT RIDES AND CONCESSIONS AT WAR MEMORIAL PARK IN LITTLE ROCK, ARKANSAS THIS AMENDMENT to Amended Lease dated November 19, 1980 between the City of Little Rock, Arkansas, Lessor, and Doyle O'Kelley, Lessee, is made and entered into at Little Rock, Arkansas this 9th day of November , 1983 by and between the City of Little Rock, Arkansas, a municipal corporation organized and existing under and pursuant to the laws of the State of Arkansas (herein referred to as Lessor) and Lloyd Choate, Assignee of Doyle O'Kelley, with approval of Lessor (herein referred to as Lessee). W I T N E S S E T H: WHEREAS, the City of Little Rock, Arkansas, as Lessor, and Doyle O'Kelley, as Lessee, pursuant to authority of Resolution No. 6470 adopted by the Board of Directors of said City on November 18, 1980, entered into an Amended Lease dated November 19, 1980 for a term ending November 2, 1990 involving lands situated in War Memorial Park in said City pertaining to the operation of amusement rides and concessions in said Park; and WHEREAS, it is determined to be mutually advantagious to the Lessor and Lessee that said Amended Lease be amended so as to authorize and permit the Lessee to use, operate, maintain, repair and replace, from time to time, certain buildings and structures now located on said premises used, and to be used, for storage, security, maintenance and housing all in connection with, necessary and related to the operation of said amusement rides and concessions. NOW THEREFORE, FOR MUTUAL VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, Lessor and Lessee covenant and agree as follows: N Paragraph (3), Paqe 4, of that Amended Lease dated November 19, 1980 between the City of Little Rock, Arkansas, Lessor, and Doyle O'Kelley, Lessee, and assigned by said Lessee (with approval of Lessor) to Lloyd Choate on October 14, 1982, is hereby amended to read as follows: 1V •. i' i i .�. i i i i � i i -2 "(3) a) 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 received said premises. b) Lessor further agrees that Lessee, his successors and assigns, shall be and they are herby authorized throughout the term of this lease and all extensions, if any, after the extension term hereof ending November 2, 1990, to use, operate, maintain, repair and replace, from time to time, those buildings and structures now used and to be used for storage, security, maintenance and housing all in connection with, necessary and related to the operation of the amusement rides and concessions herein provded for in War Memorial park and all as shown on and reflected by Exhibit "A" attached hereto and made a part hereof the same as though set out herein word for word. c) Provided further, Lessee agrees that within thirty (30) days from the date hereof he will cause all buildings and structures identified on Exhibit "A" to conform to the Code standards of the Lessor pertaining to 138 -3- electric, plumbing, sewerage and building and cause the immediate area wherein said buildings and structures are situated to be enclosed with fencing and /or barriers. Compliance herewith by Lessee shall be reflected by written report of the Code Enforcement Division of the Public Works Department of Lessor and said Report shall be attached to the said Amendment to said Amended Lease and become a part thereof. Failure on the part of Lessee to so comply shall be considered a material breach." II 139 This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but all of which together shall constitute one and the same Agreement. EXECUTED the date first written above. ATTES . ITY CLER ne Czec CITY OF LITTLE ROCK, ARKANSAS LESSOR BY sa i%a� MAYOR J. W. Benafisl 6i�O4� LLOY CHOATE - LESSEE Lrsseer':. 11r •� gil�g & I.Lri nrr.iui Struct,rres at War Mdmori.rl n .. ",r I, 140 o 2 � i /LEGEND 1. Amusement Park Office i Huusiny 3. Housiuy 4. Carport 5. Storaye z G. Maintenance (Electrical) j i I $, IlainLenaiice & Storage 9, Housiny Storaye 11, Ceramics Workshop 12, Storaye