Loading...
HomeMy WebLinkAbout10820OI,DIN `1 CE NO. 10,820 A ? ORDINANCE AUTHORIZING AND DIRECTING THE Mj YOR t'�171D CITY CLEEiK TO ENTER INTO AND EXECUTE A LEASE AGREEMENT ON BEHALF OF THE CITY OF LITTLE 11OCK FOR CERTAIN PROPERTY HEREINAFTER DESCRIBED; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BO1;�RD OF DIRECTORS OF THE CITY OF LITTLE ROC':, ATI :Z NSAS : SECTION 1. The Mayor and City Clerk are hereby authorized and directed on behalf of the City of Little Rock to execute and deliver the followinc Lease Agreement: 'THIS INDENTURE OF LE, %SE made and entered into this day of 1958, by and '_-etween the City of Little Rock, Arkansas, actinU through the Mayor and City Clerk of the said City pursuant to the provisions of Ordinance No. 10,820 hereinafter called the `Lessor* and T.A. Dillaha, Sr., T. A. Dillaha, Jr., Daphne Dillaha Thompson and Patricia Dillaha Chambers, Partners Doing Business as Dillaha Fruit Company, hereinafter called the `Lessees ", WITNESSETH: 1. That the Lessor for the consideration, purposes and covenants hereinafter set out, does hereby let, lease and demise unto the said Lessees the following described premises located in Pulaski County, Arkansas, to -wit: A parcel of land located in Cumberland Street adjacent to the west line of the south half of Block 35, Original City of Little Rock, more parti- cularly described as follows: Beginning at the southwest corner of Block 35, Original City of Little Rock; thence west, along the south line of Block 35 extended, 9.4 feet; thence 17.2 feet along a curve to the right having a radius of 29.5 feet, the tangent to said curve having a deflection of 48 degrees 40 minutes; thence in a northwesterly direction from said point 87.0 feet along a line tangent to the curve at said point; thence along a curve to the left, said curve having a radius of 139.5 feet, to an intersection OGU•-,s 6 °6O -2- with the north line of the south half of Block 35 extended; thence eastward, along the north line of the south half of Block 35 extended, to the northwest corner of lot 7 of Block 35; thence south along the west line of lot 7 of Block 35 to the point of ;beginning; containing 5,373 square feet more or less. 2. The term of this lease is five (5) years, com- mencing on the day of , 1958, and ending on the day of , 19 63 . 3. The Lessees shall have the option at the termination of this lease to renew same for an additional term of five (5) years at the same annual rental. 4. At the end of the second five (5) year term provided for hereinabove in Paragraph Three (3) it is mutually agreed that the consideration in the sum of an annual rental will be -reviewed and adjusted according to the then rental value of said properties. If at such time an annual rental can be agreed upon then this lease is automatically renewable for a five (5) year term with an option to renew for five (5) years at the then agreed rental. 5. Lessees agree to pay, and Lessor agrees to accept, as -rental for the said premises, the sum of Two Hundred Dollars ($200.00) annually payable in advance on the date of execution of this lease and on the same day of each year thereafter during the term hereof. 6. Lessees agree to pay, in addition to the amount pro- vided as annual rental of the premises, a sum sufficient to re- imburse the City of Little Rock for the cost of erection of a guard fence, with plate on both sides of the posts, to be con- structed in back of the curb line of the Riverfront Drive along the length of the tarrier curL on the western edge of premises -3- herein described, which shall be constructed under the super- vision of the .rkansas State Hi -Ilway Department by the con- tractor employed to perform the said work for the , %rkansas State Highway Department. 7. The demised premises shall be used by the Lessees only as a means of ingress and egress to their premises and for the handling and parking of vehicles owned by and doing business with the Lessees. 3. Lessees shall not erect, or allow to be erected, any improve-ments whatsoes,rer on the demised premises, with the exception that the Lessees may pave or hard - surface said premises. 9. Lessees shall maintain the demised premises in a clear, and sanitary condition at all times. 10. Lessees shall not assicn this lease nor sublet the demised premises without the written consent of the Lessor. 11. Lessor, any agent or employee of the .Iirkansas State Highway Department or any agent or employee of any contractor_ employed by the _ir;ansas State Highway Department in the paving or i.mprovin, of the Riverfront Drive shall have the right to enter upon the demised premises during; the time of construction pursuant to the terms of contract for the purpose of construction or inspection of the said construction. 12. Lessor shall not be called upon for any expense of any kind in connection -v7it 1 the upkeep and maintenance ol' the above described property during the term of this lease. 13. The Lessor shall have the right to terminate this lease at any time the legislative body of the said Lessor -4- shall deter.nine that the demised premises are needed the Lessor o-r and public purpose whatsoever. In the e --en <t that the Lessor exercises its right to terminate this lease it shall be allowed to do so without any damage or expense w-t- iatsoever to itself. IN WITNESS WHEREOF, the parties hereto have set their hands and seals and executed this instrument on the date first above written. CITY' OF LITTLE ROCK, ARj'?,T?SSS, Lessor M layor City Clerk T.A. Dillaha, Sr., Lessee T.A. Dillaha, Jr., Lessee Daphne Dillaha Thompson, Lessee Patricia Dillaha Chambers, Lessee ".0 NOWLEDGHENT STATE OF MITT. NI SAS) ) ss. COUNTY OF PUL�IS1.1 ) On this day personally appeared before me the undersigned, a Notary Public within and for the County and State aforesaid, duly qualified and acting, "Werner C. Knoop and .ors. Pauline Beeson to me well known as the t4a.yor and City Clerk respectively, and stated that they had executed the foregoing Lease pursuant to provisions -5- of Ordinance No. 10,820 for the consideration and purposes therein mentioned and set forth. WITNESS my hand and official seal this day of . 19 . Notary Public Mly commission expires: Z= C'KNO"TLEDGMENT STATE OF A ,;',NSAS) ) ss. COUNTY OF PULASKI) On this day personally appeared Le-fore me the undersigned, a Votary Pui�lic within and for the County and State aforesaid, duly qualified and actin;, T. A. Dillaha, Sr., T. A. Dillaha, Jr., Daphne Dillaha Thompson, Patricia Dillaha Chambers, to me well known as the Lessees in the above Lease and stated that they had executed the same pursuant to provisions thereof and for the consideration and purposes therein mentioned and set forth. WITNESS my hand and official seal this day of 19 . Notary Public My commission expires: t6 SECTION 2. It has been determined that the lack of adequate streets within the City of Little dock creates a serious hazard to the flow of traffic in the said City; and that this ordinance will expedite the construction of Riverfront Drive and thereby reduce the hazard within the said City; therefore, an emergency is hereby declared to exist and this ordinance being necessary for the preservation of public peace, health and safety, shall be in full force and effect from and after its passage and approval; and all ordinances and parts of ordinances in conflict herewith are hereby repealed. PtISSED: July 21, 1958 rC A TLS, APP-' - ',OVER: City Clerk L d Mayor.