RES NO 04-01-1993 CITY OF VAN BUREN, ARKANSAS
RESOLUTION NOJ/ —I" -1993
A RESOLUTION TO LEASE CITY OWNED REAL PROPERTY.
IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS:
SECTION 1: THAT upon the condition of the City of Van Buren receiving
a Warranty Deed transfering good and valid title to the
following real property located in Van Buren, Crawford
County, Arkansas:
All of Lot 11, and all of Lot 12, except the Southwest
2.8 feet of said Lot 12, Block 28, Original Town of Van
Buren, Arkansas, subject to property wall on the Southwest
side of Lot 12 and on the Northeast side of Lot 11.
Subject to existing rights -of- way.; easements, restrictions,
and previous reservations, if any.
Subject to existing oil, gas and mineral lease, if any.
Also including the part adjacent Lot 11 where did stand
a party wall approximately 1 foot by 127 feet.
the City of Van Buren, Arkansas, shall hereby cause to be
executed by the Mayor and City Clerk- Treasurer, a Lease
Agreement between the City of Van Buren, Arkansas and the
Old Town Merchants Association and /or the Van Buren Historic
Development, Inc., under such terms and conditions as
approved by the City Council and the leasing party or
parties.
PASSED AND APPROVED THIS 1 9 TH DAY OF APRIL 19 93
MA.IR
ATTESTED
C TY CLERK .SURER
0
LEASE AGREEMENT
AGREEMENT OF LEASE, made this 19th day of April 1993, between the City of
Van Buren, Arkansas, by and through the Mayor and City Clerk of the City of Van Buren,
Arkansas, hereinafter referred to as LESSOR and the Old Town Merchants Association,
Inc., hereinafter referred to as LESSEE.
WITNESSETN:
1. PREMISES. Lessor leases to Lessee and Lessee leases from Lessor, the
following land located in Van Buren, Arkansas, subject to the terms and conditions set
forth herein:
All of Lot 11, and all of Lot 12, except the Southwest 2.8
feet of said Lot 12, Block 28, Original Town of Van Buren,
Arkansas, subject to property wall on the Southwest side of
Lot 12 and on the Northeast side of Lot 11.
Subject to existing rights -of -way, easements, restrictions,
and previous reservations, if any.
Subject to existing oil, gas and mineral lease, if any.
Also including the part adjacent Lot 11 where did stand a
party wall approximately 1 foot by 127 feet.
2. COMMENCEMENT OF TERM. The term of this lease shall commence on the date of
execution of this Agreement. The term of this lease shall end five (5) years after
this date.
3. RENEWAL OPTION. Lessee shall have the option to renew this lease for a
renewal term of ten (10) years. Any subsequent renewal of this lease shall be by
agreement of both parties. The exercise by Lessee of the renewal option shall be
evidenced and effected by Lessee giving to Lessor, not less than ninety (90) days prior
to the expiration of the then current term, written notice of Lessee's election to
renew this lease for the renewal term.
4. CONSTRUCTION BY LESSEE. All construction upon the property shall be at the
Lessee's sole cost and expense. Lessee agrees to diligently commence and proceed with
the construction of Phase I of the facility and the furnishing, placing, erection and
installations and personal property therefor, and to complete the same in accordance
with the design submitted to the Lessor, and to further commence and complete the
remaining phases of the facility in a timely manner as financial considerations allow.
Lessor may inspect the work at reasonable times during the construction period. All
designs for the facility must be presented to, and approved by, the Van Buren Historic
District Commission and the issuance of a Certificate of Appropriateness.
5. CONSTRUCTION STANDARDS. A11 work provided for shall be done in a good and
workman -like manner and in compliance with all applicable laws, ordinances,
regulations, orders and requirements of governmental authority and the reasonable
requirements of insurers of the facility, including design and construction standards
and requirements set forth by the Arkansas Parks and Tourism Department's Outdoor
Recreation Grant Program and the U.S. Interior Department's National Park Service under
provisions of the 1965 Land and Water Conservation Fund Act (P.L. 88 -578, as amended).
Lessee shall also provide at Lessee's sole cost and expense permanent signage in the
property as required by these agencies and the design and wording for which must be
()presented to, and approved by, the City of Van Buren Parks and Recreation Commission
and the Van Buren Historic District Commission.
6. RENTAL FEE. Due to the benefits to be derived by the citizens of the City of Van
Buren, Arkansas, by the construction and operation of the facility by the Lessee,
Lessor agrees to accept, and Lessee agrees to pay the amount of $1.00 per year, said
amount to be submitted to the Van Buren City Clerk on or before the 30th day of January
of each year, with the first payment due within ten (10) days of the execution of this
Lease Agreement.
7. USE. Lessee shall use and operate the demised premises (a) as a public park;
(b) to provide public restrooms; (c) as a concert site; (d) as a private meeting room
with attached kitchen facilities; (e) for storage; (f) for other similar and associated
uses.
8. MAINTENANCE. Lessee shall commit no waste upon the leased premises and shall
be solely responsible for the care and maintenance of the leased premises, including
the cleaning and suppling of the public restrooms, and the collection and disposal of
all trash and garbage, and for all repairs required upon the premises and its
facilities. Lessee shall maintain the facilities in a safe, sanitary and functional
condition.
9. FIXTURES. All improvements made by Lessee to the demised premises which
cannot be removed without material injury to the demised premises shall become the
property of Lessor upon installation. Not later than the last day of the term, Lessee
may remove all of Lessee's personal property. The demised premises shall be
surrendered to Lessor at the end of the term in as good condition as they were at the
beginning of the term, reasonable wear expected. Damage to the demised premises and
the facilities thereon, due to fire, the elements, casualty, or neglect or misue caused
by Lessee, Lessee's agents, servants, customers, licensees, or by visitors to the
premises, shall be repaired by Lessee at Lessee's sole expense and in a timely manner.
10. ALTERATIONS. Lessee shall have the right, at Lessee's expense, from time to
time, with the approval of the Van Buren Historic District Commission and the Van Buren
Parks and Recreation Commission, but otherwise without the necessity of Lessor's
consent, to make such non structural alterations, changes, installations, additions,
or improvements in, on, to, or about such parts thereof as it shall deem expdeient or
necessary for its purposes. Lessee may make structural changes in, on, to, or about
the demised premises and the facilities thereon, reasonably necessary for its purposes,
provided it has first obtained approval from the Van Buren Historic District Commission
and the Van Parks and Recreation Commission and written consent from Lessor, Lessor
agreeing that it shall not withhold or delay such consent unreasonably. No such
changes shall injure the safety of the property or its structures or diminish its
value, and all work shall be done in a good and workman -like manner, and in accordance
with all applicable laws. Lessee shall be required to make any necessary changes or
alterations to the property in the event Lessor deems such changes or alterations are
necessary for the preservation of the general welfare or safety of its inhabitants or
visitors.
11. REVENUES. Lessee shall be entitled to retain any revenues derived from the
operation of the premises and the facilities thereon, such revenues to be used toward
the continued maintenance of the demised premises.
12. ASSIGNMENT. Lessee shall not have the right to assign or sublease this lease
without the specific written consent of the Lessor. Specific written consent of the
Lessor to a first assignment shall not serve as a waiver of specific written consent
to any subsequent assignment. This provision shall not prohibit the Lessee from
®temporarily renting space or facilities upon the premises for special events or on a
non recurring basis. Any rental of space or facilities upon the premises on a
continuing basis shall require written consent from Lessor.
13. UTILITIES. Lessee shall be responsible for the installation, deposits, and
payments for all utilities used at the property. All such payments shall be paid as
o they are due.
14. INDEMNITY. After the commencement date, Lessee shall indemnify and hold
harmless Lessor against and from any and all liabilities, fines, suits, claims,
demands, and actions, and costs and reasonable expenses of any kind or nature or by
anyone whomsoever, due to or arising out of (a) any default in observing, violation,
or nonperformance of any term, covenant, or condition of this lease on the part of
Lessee to be observed and performed, and /or (b) any damage to person or property
occasioned by Lessee's use and occupancy of the demised premises or to any use or
occupancy which Lessee may permit or suffer to be made of the demised premises, and /or
(c) any injury to person or persons, including death resulting at any time therefrom,
occuring in or about the demised premises.
15. LIABILITY INSURANCE. During the term of this lease, Lessee, at his sole cost
and expense and for the mutual benefit of Lessor and Lessee, shall carry and maintain
comprehensive public liability insurance insuring Lessor and Lessee against liability
for injury to persons or property occurring in or about the demised premises or arising
out of the ownership, maintenance, use, or occupancy thereof, to the limit of not less
than $100,000.00 for any one accident or occurrence. The demised premises shall be
placed under the Lessor's property insurance policy and Lessee shall reimburse to
Lessor the insurance premium associated with said premises within twenty (20) days
after receiving written notice of the amount of said premium. A copy of Lessee's
liability insurance policy shall be filed with the Van Buren City Clerk.
16. DEFAULT, NOTICE, TERMINATION. If Lessee defaults in the payment of rent or
defaults in the performance of any of the terms, covenants, or conditions of this
lease, Lessor may give to Lessee written notice of such default, and if Lessee does
not cure any rent default within fifteen (15) days, or other default within thirty (30)
days, after the giving of such notice (or, if such default is of such nature that it
cannot be completely cured within such thirty (30) days and thereafter proceed with
reasonable diligence and in good faith to cure such default), then Lessor may terminate
this lease on not less than seven (7) days written notice to Lessee, and on the date
specified in said notice the term of this lease shall terminate, and Lessee shall then
quit and surrender the demised premises to Lessor, but Lessee shall remain liable as
hereinafter provided. If this lease shall have been so terminated by Lessor, Lessor
may at any time thereafter resume possession of the demised premises by any lawful
means and remove Lessee and other occupants and their effects. Lessee shall be
responsible for Lessor's reasonable attorney fees and costs in removing the Lessee from
the premises if the termination is rightful. The Lessor shall not be required to give
Lessee written notice regarding the maintenance of the restroom facilities located upon
the premises but shall be allowed to give notice in whatever manner Lessor believes
will best expedite the cure.
17. CUMULATIVE REMEDIES. Lessor's remedies hereunder are in addition to any
remedy allowed by law.
18. LESSOR'S CURE OR LESSEE'S DEFAULT. If Lessee breaches any term, covenant,
or condition of this lease on Lessee's part to be performed, Lessor may, on reasonable
notice to Lessee (except that no notice is necessary in case of emergency), cure such
breach at the expense of Lessee and reasonable amount of all expenses, including legal
fees incurred by Lessor in doing so shall be deemed additional rent payable on demand.
19. NOTICES. Any notice, demand, request, or other communication hereunder given
CO or made by either party to the other shall be in writing and shall be deemed to be duly
given only if mailed by registered or certified mail in a postpaid envelope addressed
to either Lessee's or Lessor's address.
20. NO WAIVER. The failure of either party to insist on strict performance of
420 any item, covenant, or condition hereof, or to exercise any option herein contained
(other than the options provided for in the Renewal Option Section), shall not be
construed as a waiver of such term, covenant, condition, or option in any other
instance.
21. ALTERATION OF LEASE. This lease cannot be changed or terminated orally, but
only by an instrument in writing signed by both parties.
22. MECHANIC'S LIENS. Lessee shall within thirty (30) days after notice from
Lessor discharge any material, labor or mechanic's lien for materials or labor claimed
to have been furnished to the demised premises on Lessee's behalf.
23. ACCESS TO PREMISES. Lessor may enter the demised premises at any reasonable
time on reasonable notice to Lessee for the purpose of inspection.
24. NO REPRESENTATIONS. Neither party has made any representations or promises,
except as contained in this lease.
25. BINDING EFFECT. The provisions of this lease shall apply to, bind and inure
to the benefit of Lessor and Lessee, and their respective successors, legal
representatives and assigns.
26. NON DISCRIMINATION. Lessee agrees not to discriminate against any individual
because of race, creed, color, handicapping conditions, or any other standard as
provided by for the Civil Rights Acts presently enacted or to be enacted.
IN WITNESS WHEREOF THIS 19TH DAY OF APRIL ,1993.
CITY OF VAN BUREN, ARKANSAS, LESSOR
BY•4 A 4 I
MAYOR
ATTESTED:
y.
CI CLERK— TREASURER
OLD TOWN MERCHANTS ASSOCIATION, INC.
LESSEE
BY:
'47 IDENT
ATTESTED:
I/ !(Vii eo-cA/ rrnP
dOrCRETARY