RES NO 03-05-1989 3 -S-Iq 8q
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. -1989
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AN AGREEMENT WITH JAMES D. GOODMAN.
WHEREAS, James D. Goodman currently operates Cap
J's Riverside Marina under a Permit Agree-
ment with the City of Van Buren; and
WHEREAS, Said Permit Agreement expires on April 12,
1989; and
WHEREAS, Said Permit Agreement grants the Permitee
the option to renew said Agreement for 2
successive 5 -year terms and 1 term of 4
years plus to a date of June 15, 2003; and
WHEREAS, James D. Goodman has, within the proper
time period, notified the City of his wish
to exercise the first 5 -year option beginning
April 12, 1989; and
WHEREAS, The City Parks Commission has negotiated the
attached agreement and recommends same to
the City Council:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS:
THAT, the Mayor and City Clerk are hereby
authorized to execute the attached agreement
with James D. Goodman.
PASSED AND APPROVED THIS 20TH DAY OF MARCH 19 89
MAYOR
ATTESTED:
CITL ERK- TREASURER
AGREEMENT
In compliance with, and under the authority of, a Permit
Agreement executed between the City of Van Buren, Arkansas, and
James D. Goodman on September 6, 1979, these same parties,
0 hereinafter respectively called "City" and "Permittee," do hereby
enter into this Agreement dated 1989
In consideration of the Permittee's continued use and
occupation of property belonging to the City, under Permittee's
first option to renew the above described Permit Agreement, the
Permittee agrees to pay to the City the amount of 2% of
Permittee's gross revenues of the marina operation.
This payment shall be made annually for revenues earned from
July 1st of each year until June 30th of each year. Said annual
permit fee shall be paid each July 15th.
Permittee's first payment shall be due July 15, 1990 and
shall include Permittee's gross revenues from April, 1989 through
June, 1990. Thereafter, gross revenues shall be calculated only
for the usual 12 month period.
With each payment of said permit fee, Permittee shall
furnish, to the City, a statement of his gross receipts and the
City shall have all reasonable access to the books and records
of the Permittee in order to verify the same.
The City reserves the right to renegotiate the terms or
amount of the permit fee upon giving reasonable notice to the
Permittee of its intention to do so.
The terms and conditions of the Permit Agreement executed
between these parties on September 6, 1979, shall remain in full
force and effect except where in conflict with, or superceeded
by, the terms and conditions of this Agreement.
This Agreement shall be binding upon the City and the
Permittee and upon any assigns or successors of either party.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals on this day of
1989.
ROBERT E. BELL, MAYOR JAMES D. GOODMAN
City of Van Buren, d.b.a. Cap't J's Riverside Marina
Permitter Permittee
Attested:
CITY CLERK
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