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RESOLUTION NO. 4,018
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.
NOW, THEREFORE, 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 granting 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 follows :
A S
LEASE
The City of Little Rock, Arkansas, hereinafter known as the Lessor, in
consideration of the agreements on the part of T.A. Fussell, 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:
DESCRIPTION A - Beginning at an iron pin located at the inter-
section of Center line of a dirt road leading to the State Hospital
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grounds with the West property line of Monroe Street; thence
West 1,000 feet to an iron pipe; driven orsthe�edge of the
direction 465 feet to
asphalt roadway; thence in an Easterly and Northeasterly the North edge of
direction on a line which
for a distance along 1I
the asphalt pavement 1,873 feet to the point
of beginning.
DESCRIPTION B. - Beginning at the Southwest corner of the bath
house building; thence South 55 feet to the North line of the asphalt
roadway; thence West along the North line of the asphalt roadway
227 feet to an iron pipe which marks the beginning of this descrip-
tion; thence in • Northeasterly direction 566 feet to the Northwest
corner of the swimming pool fence; thence North 19 feet to the
South property line of the roadway; thence in a Southwesterly
direction on a curved line along etet�ea°�e,��'-a t 67 feet along
roadway for a distance
North edge of roadway to the iron pipe marking the
beginning of this description.
DESCRIPTION C - Beginning at the Southwest corner of the h
bath
building; thence South 85 feet to an iron pipe marking the
Northeast corner of the proposed minature golf course; thence
West along the South lice of the roadway 285 feet; thence South of 107 feet; thence
along the East line of the roadway olio a di�dtanee of 461 feet!
East along the North line of roadway
thence in a Northerly direction along a curved line for • distance
of 118 feet to a point of beginning.
and the Lessee, in consideration of said leasing, agrees and covenants as
follows:
(1) To pay to the City of Little Rock, Arkansas, fifteen percent (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
.31 pay to the City of Little Rock, fifteen percent (15%) of all gross revenues
originated during the period of this lease from any enterprise or business
c onducted on the leased premises. This fifteen percent (15%) of gross revenue
ry
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realised by Lessee shall be computed after deducting sales tax payments to
the State by the Lessee. 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 to account to the Lessor for
the sums due in any calendar month not later than the fifteenth (115th) day of
the month following the calendar month for which the accounting is made.
Said rents after they become due shalt 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 concessions, stands and prime parties on leased
premises.
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 revenue.
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 • period of at least three (3) years.
(2) To conduct any business or enterprises on the leased premises 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.
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(4) The Lessee agrees to surrender to the Lessor certain parcels of -,
land now included in the legal description of this Lease and commonly described
as follows:
ITEM A: A portion of the eaitnt�he lands known as V�rir�AA Memorial
this Lease that encompass
Softball Field, including the access rod and bleacher section,
more particularly described as
Beginning at an iron pin located at the Hospital grounds with the
line of a dirt road leading to the State p
West property line of Monroe Street; thence West 915 feet to h-e
point of beginning; thence West 38 feet to a point; thence
South-
westerly 465 feet to an iron pin and Northeasterly direation asphalt at
roadway; thence in an Easterly
line which meanders along the North edge of the asphalt pavement
246 feet to a point; thence North 39'43' East 454.6 feet to the
point of beginning.
ITEM B: That portion of land as noted in legal Description C at
this Lease.
(5) The Lessee agrees to revise his agreement of payment to the Lessor
. for operation of the Kiddie Zoo Train Concession as follows:
The Lessee shall pay to the Lessor the sum of 20% of gross
receipts after taxes pertaining to the Kiddie Zoo Train Con-
cession or other riding devices that may be placed in the zoo
area in the future and that are agreed upon by Lessee and
Lessor. The Lessor agrees that such receipt , when of the
increased to 20%, be credited to the General fund
of Little Rock.
y' (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 Par
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the Lessor shall be granted the first option to arrange for the purchas a of said
1,
operation at a sum not less than that established by said bona fide offer.
Option
shall be 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.
't''� AND THE LESSOR, in consideration of the agreements on the part of the
r„
c.
Lessee, further agrees and covenants:
(1) During the term of this Lease, Lessee shall have the exclusive right
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0..` and privilege to install and operate such amusement rides and concessions as
ti may be agreed upon by Lessee and Lessor in the entire premises kaey in 1655
L .
as War Memorial Park; provided, however, Lessor reserves the right to
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operate, outside the premises specifically leased hereunder, but in the premise'
known as War Memorial Park, eating and other type concessions, not to
include amusement rides and 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
i ' the Lessor in approximately the same condition as that in which Lessee received
said premises.
(4) The Lessor agrees to lease to Lessee that certain parcel of land
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described as follows:
Beginning at a point 55 feet South and 88.7 feet West of the
Southwest corner of the bath house at Fair Park; thence North,
295 feet west of and parallel to a concrete wall along the West
part of the swimming pool, for a distance of 295 feet; thence
a Southwesterly 326 feet, more or less, to a point which is 123. 3
`' feet West of the point of beginning of the herein described
property; thence East 123. 3 feet to the point of beginning,
containing 4, 175. 103 square feet or 0. 9585 acres, more or less.
' The Lessor further agrees to construct, in accordance with plans submitted to
the Lessee,
on the above described premises a minature golf course, and the
,� Lessor will provide all new fairway construction, a caddy building, area
7, lighting and fencing, and the Lessee will provide the fairway carpeting. When
said new minature golf course has been completed, the Lessee will then release
to the Lessor those lands described as Description C and set forth on the first
page of this Lease Agreement.
4 (5) The Lessor agrees that the Lessee may continue operation of the con-
cessions in the softball field area.
till,„
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(6) The Lessor agrees to continue to furnish and maintain adequate toilet
facilities for the public in the leased area.
(7) It is agreed that Lessee is to use the present location of the minature
golf course until Lessor completes building a new course for Lessee.
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 indorsed thereon.
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
An this ...._.._...._._
day of i 9
CITY OF LITTLE ROCK, ARKANSAS, Lessor
By Mayor
T. A. FUZZELL. Lessee
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A lit
to.
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SECTION 3. Resolution No. 3,438 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. 3,438, 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: July 1, 1968
ATTEST: APPROVED:
Af
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City Clerk Mayor