RES NO 02-14-1979 :01
CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. 1142 -1979
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH TERRY
BARCLAY AND ROBERT JOHNSON FOR LEASING PARKWAY SPACE FOR ADVERTISING
REST BENCHES AND AUTHORIZING AND DIRECTING CITY CLERK TO ATTEST SAME.
BE IT RESOLVED BY 911E CITY COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS
THAT, The City authorizes and directs the Mayor to enter into a
contract with Terry Barclay and Robert Johnson and the City Clerk
is authorized and directed to attest sane.
THAT, said contract is attached hereto and made a part hereof.
THAT, this agreement shall be a non exclusive for a period of
twenty (20) years, beginning February 19, 1979.
PASSED AND APPROVED THIS 19th DAY OF FEBRUARY, 1979.
leici
MAYOR
ATTESTED:
CITY CLERK- URER
THIS AGREEMENT, made and entered into as of Feb. 19th, 1979, between the
City of Van Buren, Arkansas, organized and existing under the laws of the State
of Arkansas, hereinafter called Lessor, and the partnership of Terry Barclay
and Robert Johnson, hereinafter called Lessee,
NOW, THEREFORE, in exchange of the mutual covenants set forth herein, it
is agreed as follows:
1. Lessee shall have the privilege to erect, place and maintain
benches on City parkways, easements, and property and to sell and place
advertising matter and signs on such benches.
2. For the rights and privileges granted by the Lessor to the Lessee,
Lessee agrees to pay to the Lessor the sum of 550 to $5.00 per bench which
ever is greater per year, payable in advance.
3. Bench legs shall be constructed of concrete or material of such
weight to prohibit ease movement. Bench backs shall not exceed 72 inches
in width by 37 inches in height. The overall height of the bench shall not
exceed 54 inches. Lessee shall maintain the bench at all times, keeping them
in good state of repair, and will not permit rubbish, litter or debris to
accumulate in, under or around them.
4. Benches shall be placed on city parkways or easements, but shall
not be placed on any location that will create a traffic hazard or create
any other problems. The Mayor or his designated representative will be the
sole judge as what will constitute a traffic hazard or any other problem.
5. Lessee shall be responsible for disposing of any and all complaints
or protests of adjoining property owners, or other persons including the
Mayor and his designated agents, who object to or protest the location of a
particular bench. If necessary to dispose of any such complaint or protest,
the lessee shall cause the bench in question to be removed.
0
6. Lessor reserves the right to cancel this agreement on ninety (90)
days written notice to lessee. If the City of Van Buren should cancel this
Agreement, the City agrees to refund a pro rata share of the advance rental
for such calendar year paid by the partnership of Terry Barclay and Robert
Johnson. In the event of this agreement being cancelled by either party
the City agrees and understands that the benches are property of the lessee
and shall remain lessee's property.
7. This Agreement shall be a non exclusive agreement for a period of
twenty (20) years beginning February 19, 1979.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the day and year first above written.
CITY OF VAN BUREN
(1
ATTEST
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City Clerk Treasurer
PARTNERSHIP OF TERRY BARCLAY AND
ROBERT JOHNSON
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ROBERT JOHNSOONN