HomeMy WebLinkAbout3438 RESOLUTION NO. 3,438
A RESOLUTION AUTHORIZING EXECUTION OF
A LEASE OF MUNICIPAL PROPERTY TO T. A.
FUZZELL FOR MAINTENANCE AND OPERATION
OF AMUSEMENT RIDES; AND FOR OTHER PUR-
POSES.
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 execute for and in behalf of
the City of Little Rock a certain lease instrument grant-
ing to T. A. Fuzzell certain lands in War Memorial Park
to be used in the operation and maintenance of amusement
rides and related facilities.
SECTION 2. The lease instrument referred to in
Section 1 hereof shall be in form and substance as fol-
lows:
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Beginning at an iron pin located at the intersection of
center line of a dirt road leading to the State Hospital
grounds with the 'Jest property line of Monroe Street;
thence `?•_st 1, 000 feet to an iron pipe ; thence in a
Southwesterly direction 465 feet tc an iron pipe driven
on the edge of the asphalt roadway; thence in an Lasterly
and Northeasterly direction on a line which meanders alonti;
the North edge of the asphalt pavement for a distance of
1, 673 feet to the point of beginning.
Beginning at the Southwest corner of the bath house build-
ing; thence South 55 feet to the North line of the asphalt
roadway; thence West along the North line of asphalt road-
way 227 feet to an iron pipe which marks the beginning of
this description; thence in a Northeasterly direction 366
feet to the Northwest corner of the swimming pool fence;
thence North 19 feet to the south property line of the road-
way; thence in a Southwesterly direction on a curved line
along the South and ',lest line of the roadway for a distance
of 444 feet; thence East 67 feet along the North edge of
roadway to the iron pipe marking the beginning of this
description.
Beginning at the southwest corner of the bath house build-
ing; thence South 35 feet to an iron pipe marking the North-
east corner of the proposed miniature golf course; thence
',lest along the South line of the roadway 285 feet; thence
South along the East line of the roadway a distance of 107
feet ; thence East along the :Zorth line of roadway for a
distance of 281 feet ; thence in a Northerly direction along
a curv,.2d line for a distance of llP feet t'o a point of
htOnnin ,.
And the Lessee, in consideration of said leasing, agrees and
. ..Uena ,ts as follows :
0 ) 1 .) oay to the City of Little Rock, Arkansas, fi.ft,:,n (15)
t2 4 all of the QruS 7 amounts realized by th L _ from the
. r. L.iun, fora .hire on the 1 e :ised premises of any aiau )e:?ent rides
A TT s�.; 7ri br ca 'ival shows or the like, operated an {,aid
010 lea premises . The Lessee agrees , in. short, to , 1;: to the Cit)
of Little Rock, fifteen percent (15%) of all gross revenut ', ori-;;.-
nated during the period of this lease from any enter rise,
')usinesses conducted on the leased premises, provided, ho:,ever,
2
that any privilege taxes or license fees otherwise owed 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 the Lessee agrees to account to
the Lessor for the sums due in any calendar month not later than
the fifteenth (15th) 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 .
(2) To conduct any businesses 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 during
the period of this Lease.
And the Lessor, in consideration of the agreements on the part
of the Lessee, further agrees and covenants:
(1) The Lessee shall have, during the term of this Lease, in the
entire premises, known in 1955 as War Memorial Park, including the zoo,
the exclusive right and privilege to install and operate such amusement
rides and concessions, as may be agreed upon by the Lessee and Lessor.
(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,
buildings, or improvements placed thereon by the Lessee, provided
however, that the Lessee shall return the premises to the Lessor in
approx:T.matei i the same condition , .:: that i . ', ;t;°4di -t%e Lessee r(:r`_f'.':1vi:, ..
said premises,
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 the written consent of the Lessor indorsed hereon.
This Lease is intended to be in lieu of and substituted for all
previous Lease Agreements between the parties hereto.
IN WITNESS WHEREOF, We have executed this Agreement in duplicate
on this day of November, 1965.
CITY OF LITTLE ROCK, ARKANSAS, Lessor
/
By
Mayor
City Clerk
. • . - 1- , essee
STATE OF ARKANSAS) SS ACKNOWLEDGMENT
COUNTY OF PULASKI)
Before me, a Notary Public, duly commissioned and acting in and
for the County and State above written, appeared
and , to me personally well known, who stated
that grey were the gayor and City Clerk, respectively, of the City of
Little Rock, Arkansas, and that they had executed the foregoing Lease
instrument in their respective capacities for and in behalf of the
City of Little Rock? Arkansas. This day of November, 1965,
I have set my official seal.
My commission expires: Notary Public
STATE OF ARKANSAS) SS ACKNOWLEDGMENT
COUNTY OF PULASKI)
Before me, a Notary Public, duly commissioned and acting, in and
for the County and State above written, appeared T. A. Fuzzell, to me
personally well known, who stated that he had executed the foregoing
Lease Agreement for the purposes and considerations therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
as such Notary Public this day of November, 1965.
My commission expires: otary Public
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SECTION 3. Resolution No. 3,430 is hereby repealed
in its entirety and, it being the intention that the lease
agreement authorized by this resolution shall be in substi-
tution of the lease authorized in the aforesaid Resolution
No. 3,430, the City Manager is directed and authorized to
exchange the lease herein authorized for that heretofore
authorized, executed and delivered under previously granted
authority.
SECTION 4. This Resolution shall be in full force
and effect from and after its adoption.
ADOPTED: November 1, 1965
ATTEST: �J APPROVED:
City Clerk Mayor