HomeMy WebLinkAbout1983-08-01-R Ar
RESOLUTION OF THE CITY COUNCIL
OF BATESVILLE, ARKANSAS
RESOLVED, that the City Council of Batesville, Arkansas,
duly assembled and with a quorum present, recognizes that on
June 11 , 1966 , they did convey a parcel of land to the Batesville
Jaycees, said land located in Independence County, Arkansas, and
being described as follows , to-wit:
Beginning at the Northwest corner of Block 11 ,
Maxfield' s second Southern Addition to the
City of Batesville, Arkansas, and run South
250 feet to a point South right of way line of
Missouri Pacific Railway Company;
thence in Easterly direction 460 feet to the
Southwest corner of the land purchased by
Batesville Compress Company from Mt. Olive
Stove Company;
thence in Southerly direction parallel to River
Street 947 feet to iron stake for point of
beginning of the tract of land herein conveyed;
thence South 66 degrees East 300 feet to an
iron stake for corner;
thence in Southerly direction 292 feet to iron
stake on North Bank of White River, which is
2 feet East from 18 inch Hackberry;
' thence in Northwesterly direction with the meanders
of White River 370 feet to iron stake which is
the intersection with the line (extended) be-
tween land now owned by Roy N. Jeffery and C.
W. Wasson;
thence in a Northerly direction 1652 feet to
the point of beginning;
said tract herein conveyed being a part of the
West Half (w2) of the Southwest Quarter (SW4)
of Section Sixteen (16) , Township Thirteen (13)
North, Range Six (6) West. Reserving however, from
the land hereinabove conveyed so much as is
covered by the concrete stands erected on the
North bank of the White River.
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BE IT FURTHER RESOLVED, that the Batesville Jaycees have
constructed a multi-purpose steel and concrete building on said
property and have at all times, to the knowledge of the City
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of Batesville, used said property for public purposes and/or
the proceeds from the rent or other proceeds derived from the
use of said premises for public purposes in accordance with the
covenants and restrictions placed in the aforesaid deed.
BE IT FURTHER RESOLVED, that the Batesville Jaycees have
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an opportunity to lease the building on said property for a
period of five years to Multiway Associates, a limited partner-
ship, for a term beginning September 1 , 1983, and ending August i
31 , 1988 . That the lease of the building and proceeds derived
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Resolution,&O'Nage 2 10�
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and the proceeds are intended to be used for public purposes
by the Batesville Jaycees as hereinafter set forth. That in
accordance with these purposes and conditions, the City Council
of Batesville approves and agrees that the Batesville Jaycees
may enter into said Lease Agreement with Multiway Associates for .:
the period hereinbefore set forth and the Mayor of the City of
Batesville, Jim Shirrell , is authorized to enter into said
Agreement with the Batesville Jaycees and Multiway Associates
for the purpose of reflecting the City' s approval of the
Agreement.
BE IT FURTHER RESOLVED, that the Batesville Jaycees =ay
use the money derived from the rental of said building herein
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specified to be $600. 00 per month for the making of improvements :
at the White River Stadium for remodeling the dressing rooms and ;
constructing public restrooms and other public improvements as
necessary. Any balance of said rent payments not paid or ex-
pended for the aforesaid purposes by the Batesville Jaycees will ;:
be donated by the Batesville Jaycees to the City of Batesville
to be used for any community center undertaking begun by the
City of Batesville if begun within the lease period. If no
community center building is begun within the lease period by
the City of Batesville, then any balance of the lease proceeds
not used by the Batesville Jaycees for the improvements herein-
1 before ennumerated may be used by the Batesville Jaycees for
other community improvements with the approval of the City
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Council.
BE IT FURTHER RESOLVED, that the City of Batesville makes
the above and foregoing Agreement for the sole purpose of
securing much needed improvements to the White River Stadium
grounds without having to expend tax funds therefore. Nothing
herein should be construed, however, as establishing a City
policy to underwrite improvement projects of independent
organizations, the present Council feeling that later Council
should be entirely free to decide each future project participa- 1
tion questions on its own merit.
Resolution age 3
BE IT FURTHER RESOLVED, that the City of Batesville does
not waive any restrictions or reservations contained in the
aforementioned deed and does not relinquish any right which it
may have with regard to the past, present or future; Any
waiver of restriction or reservation contained within this
resolution or accompanying lease are effective for this time t
only and both parties have expressed this understanding.
RESOLVED this .23R-0 day of , 1983.64�
APPROVED:
J MSHIRRELL, MAYOR
ATTEST:
Larry Williams, City Clerk
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Resolution, age 4
ACKNOWLEDGMENT
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STATE OF ARKANSAS
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COUNTY OF INDEPENDENCE
33; On this 230-D day of , 1983 , before me,
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the City Clerk of the City of Batesville, Arkansas, duly
commissioned, qualified and acting, within and for the said
City of Batesville, Arkansas , appeared in person the within named
Jim Shirrell, to me personally well known, who stated that he
was the Mayor of the City of Batesville, Arkansas, a corporation,(
and was duly authorized in his capacity to execute the foregoing :
instrument for and in the name and behalf of said corporation,
i and further states and acknowledged that he had so signed,
executed and delivered said foregoing instrument for the
consideration, uses and purposes therein mentioned and set forth.+
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IN TESTIMONY WHEREOF, I have hereunto set my hand and $
official seal this 1gpday of 1983.
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CITY OF BATESVILLE, ARKANSAS
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CITY CLER r
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LEAST: AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
This Agreement is made and entered into on this day
of August, 1983, by and between the Batesville Jaycees, "Lessor"
by its duly authorized representative and President, 'Phomas
Barber and Multiway Associates, a partnership by J. Robert
Lemon and William T. Evans, authorized representatives, with
its principal place of business at 633 Lawrence Street, Bates-
ville, Arkansas, hereinafter referred to as "LESSEE" and The
City of Batesville, "City" , represented by Mayor Jim Shirrell,
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enters into this agreement for the purpose of acknowledging !
that the rental of the property hereinafter described is in the
best interest of The City of Batesville with the rental proceeds
to be used for public purposes and said agreement is not in
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violation of covenants contained in any deeds from The City of
Batesville to the Batesville Jaycees, WITNESSETH:
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For and in consideration of the covenants and arfreements
hereinafter contained, Lessor with City' s consent does hereby
let, lease, and demise unto Lessee and Lessee does hereby lease j
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from Lessor, the multi-purpose steel and concrete building con-
taining approximately 9,600 square feet ( 801x1201 ) and access
and easements thereto located on the following described propertl :
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Beginning at the Northwest corner of Block 11 ,
Maxfield's second Southern Addition to the
City of Batesville, Arkansas, and run South
250 feet to a point South right of way line of
Missouri Pacific Railway Company;
thence in Easterly direction 460 feet to the
Southwest corner of the land purchased by
Batesville Compress Company froiu Mt. Olive
Stove Company; I
thence in Southerly direction parallel to River
Street 947 feet to iron stake for point of
beginning of the tract of land herein conveyed ; j
thence South 66 degrees East 300 feet to an
iron stake for corner;
thence in Southerly direction 292 feet to iron
stake on North Bank of White River, which is
2 feet East from 18 inch Hackberry;
thence in Northwesterly direction with the meanders
of White River 370 feet to iron stake which is
the intersection with the li--e(extended) be-
tween land now owned by Roy IN . Jeffery and C. tier.
(W Wasson; j
thence in a Northerly direction 165'2 feet to
WILLIAM C.ADAIR<i
ATTORNEY AT LAW
283 EAST COLLECE
P O.BOX 3873
BATESVILLE.AR 72301 ( '
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the point of beginning;
said tract herein conveyed being a part of the
(W West Half (W-12) of the Southwest Quarter (SW A)
of Section Sixteen ( 16) , Township Thirteen ( 13)
North, Range Six (6) West. (Lessor reserves for the public
the right to park adjacent to and acround leased building. )
TO HAVE AND TO HOLD the same unto the said Lessee and unto
Lessee' s heirs, successors and assigns, together with all pri-
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ivileges and appurtenances thereunto belonging, for the term and
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lunder the conditions hereinafter set forth.
1 . TERM. The' term of this lease shall be for a period of
five years(period of years) beginning on the first day of Sept-
ember, 1983, and ending on the 31st day of August, 1988. Lessee
agrees to voluntarily quit possession and vacate 'said premises
on or before the 31st day of August, 1988, without further no- I
tice. Any extensions or agreements for any additional period of
lease shall be in writing and signed by all parties to this
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agreement or their successors.
2. RENTAL. As rental for said premises, Lessee shall pay
Lessor rental in the sum of $600.00 per wonth payable monthly
in advance on or before the 1st. day of each month during the
term hereof. Lessee agrees to provide an automatic draft payment- ;
to the special account set up by Lessor for the purpose of re-
ceiving this rent in the Citizens Bank of Batesville, Arkansas.
3. UTILITIES. Lessee shall be responsible for the prompt
and full payment as and Aien due of all charges for utilities
and deposits thereon.
4. TAXES. Lessor shall pay all ad valorem taxes and assess-,
ments due to improvement districts or governmental bodies which
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by reason of the real property and premises leased hereunder.
Lessee shall be responsible for all taxes attributable to the
property of Lessee on the leased premises and for all license,
privilege and occupation taxes levied, assessed, or charged against
Lessee on account of the operation of the business from these
premises.
5.ALTERATIQNS. Lessee shall have, at Lessee' s expense, ordin-
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ary repairs and alterations to the leased premises; provided,
WILLIAM C ADAIR
ATTORNEY AT LAW
205 EAST COLLEGE
P.O.BOX 3673I{IC191wever, any alterations or improvements not wanted by the Lessor
BATESVILLE,AR 72501
,i Lease Agree t, 1',L1.,
%W at the termination of the lease will be restored to the original
Lessee' s
condition at the/expense. In the event Lessee fails L,o restore
leased premises to their previous condition as demanded, the
Lessor may do so and Lessee agrees to be responsible for re-;1,111-
bursing Lessor' s expenses.
6. REPAIRS. Lessor agrees that it will keep and maintain
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11the exterior of the building on the leased premises, including
the roof, walls and exterior plumbing, but excluding plate glass
Hportions thereof, in good condition and repair, and aarees that
if the roof or any part of the exterior walls or exterior plurnb-
ling of said building, excluding plate glass portions thereof,
shall become defective or damaged at any time during the term
hereof, upon notice from the Lessee, Lessor will immediately
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cause repairs to be made and restore the defective portions to
good condition. Should the Lessor fail or refuse to comiiience
repair of any defective condition within ton days from receipt ofi
notice of the condition requiring such repair, Lessee may cause
the same to be remedied and restored to good condition and may
charge the reasonable cost thereof to the Lessor by deducting the !
said cost from the next succeeding rental payments due to Lessor; !,!
but it is expressly understood and agreed that the Lessor shall i
not be liable to Lessee for any damages the Lessee may sustain
to Lessee's merchandise, business or personal records, equip-
ment or other property on or in the leased premises by reason of
any such defective exterior roof, walls or exterior plumbing .
A0 Lessee agrees to be responsible for the maintenance and
normal operating condition of all heating , electr- cal and air
conditioning equipment and interior plumbing on the pre-
mises. Lessee at its own cost and expense shall maintain and
keep the interior and the plate yj-,Ass portions of the premises
in as good repair as when the premises were received, or in
their highest state of repair during the lease term, ordinary
'wear and tear and casualties beyond Lessee ' s control alone ex-
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cepted, and Lessee shall return the leased premises at the ex-
WILLIAM C.ADAIR
ATTORNEY AT LAW piration or termination of this lease in good order and condition�,
283 EAST COLLEGE
P O.BOX 3873
BATESVILLE.AR 72501 —exceptiyig only ordinary wear and tear and casualties beyond
Lease Agree t ,
Lessee' s control.
7. FIXTURES. All trade fixtures installed by Lesse,_• or
acquired by Lessee independently of this lease shall r( main
Lessee' s property and may be removed by Lessee at the expiration
of this lease; provided, however, Lessee shall restore the leased ]
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premises and repair any damage thereto caused by such removal.
8.ACCEPTANCE OF PREMISES. It is expressly understood and
agreed by the Lessee that it is leasing the demised premises
in its current condition and that if the plumbing or electrical
wiring proved to be inadequate for its purposes that it may, at-
its
tits own expense, have such required additional plumbinc7 and
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electrical wiring installed.
9. UNTENANTABILITY. Should the improvements on the leased
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premises, or any part thereof, be rendered unfit for occupancy
for the purposes for which they are Hereby let, by reason of
fire, windstorm, or other act of nature or unavoidable casualty,
the rentals hereinabove stipulated to be paid by the Lessee, or
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such proportion thereof as is related to that tjoit:ion of the im-
provements on the premises rendered untenantable by reason of
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such damage, shall be remitted and abated by Lessor while the
same remains unfit for occupancy and until the premises involved
shall have been repaired or returned to tenantable condition.
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Provided, however, Lessor may, upon the occurrence of any such
casualty, elect to terminate this lease if the cost of replacing
or repairing the improvements so damaged upon the premises
equals or exceeds 501/1,0' of the property damage insurance coverage
maintained by Lessor thereon. Lessor shall in no way be liable
or responsible for any damage to any property of the Lessee in
or about the leased premises by reason of flood, water, fire,
windstorm or other casualty or act of nature.
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10. INDEMNITY AGAINST DAMAGE' OR INJURY. Lessee agrees to �I
defend, indemnify, and hold harmless the Lessor against any
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claim, expense, loss or liability as a result of any breach by
'hessee, Lessee' s agents, servants, employees, customers, visit-
ors, or licensees, of any covenant or condition of this lease, �
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WILLIAM C.ADAIRi
ATTORNEY AT LAW or as a result of Lessee' s use or occupancy of the leased pre--
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285 EAST COLLEGE
P.O.BOX 3873
BATESVILLE.AR 72301 --mises, , or ars a result of the carelessness, negligence, or im-
proper conduct of Lessee, Lessee ' s agents, servants, employees,
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' customers, visitors, or licensees. Lessee agrees to keep and
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maintain at all times during the term hereof, in ful. t_ force
!land effect, with a company or companies acceptable to Lessor,
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Pnsurance against third party liabili!-.y by reason of Lessees
;! occupancy of the leased premises with limits of liability there-
under of not less than $ 3 DO 67" per person, $ �G
x per accident, and $ coverage for pro! erty damage, j
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and Lessor shall be a named insured in such policies.
11 . DEFAULT. Lessee shall be in default under the pro-
visions of this lease agreement upon the happening of any of
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the following events or conditions:
{ (a) Failure to pay the rentals provided herein at the times,
in the amounts and in the manner set forth or within ten days
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lafter the date the same become due;
(b) Failure to keep or perform any of the covenants on the
i part of the Lessee herein to be kept or performed;
' (c) Should the Lessee become insolvent or becoi!te bankrupt_,
either voluntary or involuntary, or make any assignment for the
benefit of creditors, or if a receiver be appointed for the bene- i
fit of Lessee' s creditors, or if a receiver be appointed for
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!! Lessee to take charge of and manage Lessee' s affairs, or if
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any levy of execution against the Lessee remains unsatisfied for
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a period of ten days from and after the levy of the same.
12. REMEDIES IN THE EVENT OF DEFAULT. In the event of a
default by Lessee, during the term hereof_ , Lessor may, at
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Lessor' s option, declare this lease thereupon terminated, and
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Lessor shall have the right to enter upon and take possession
�j of the leased premises, either with or vdthout notice, and to
j evict and expel Lessee and any or all of Lessee ' s property, be-
longings, and effects therefrom, without legal process and with-
out thereby being guilty of any manner of trespass either at
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i law or in equity which remedy is in addition to any other reme-
'dies of Lessor either at: law or in equity, including, without.
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limitation, the collection of delinquent rents, possession of the
WILLIAM C.ADAIR
! ATTORNEY AT LAW I leased premises, damages for breach of this agreement by Lessee,
f 205 EAST COLLEGE
P O.BOX 3073
BATESVILLE.AR 72501 -'Or otherwise. No delay in or failure to exercise any of the options
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Lease Agre nt, Pago 6
Herein granted to Lessor by reason of a default shall be a
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waiver thereof, and the waiver on one occasion of a default
shall not be deemed a waiver of Lessor ' s right to exercise its
remedies by reason of the same or a siii!llar de-1-cult at any
later occasion.
13. WAIVER OF SUBROGATION. Lessor and Lessee and all par-
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lties claiming under them hereby mutually release and discharge
each other from all claims and liabilities arising from or
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caused by any hazard covered by insurance on the leased premises
or covered by insurance in connection with the property or I
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activities conducted on the leased premises, regardless of the
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cause of the damage or loss.
14. ASSIGNMENT AND SUBLETTING. Lessee shall have the right
to assign this lease or sublet this lease or any part thereof
without the prior consent of Lessor. Lessee agrees 1_o pay and
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assign to Lessor any amount of rent from any Sublessee or
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assignee in excess of the $600.00 monthly rental agreed to here-!
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inbefore.
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15. SURRENDER OF POSSESSION. At the end of the term or
this lease, or upon earlier termination by Lessor in accordance
with the options herein reserved, Lessee agrees to surrender
possession without demand. Should Lessee fail so to do, Lessee
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shall be responsible in tuddition to the damages generally re-
-overable by Lessor by reason of any breach by Lessee, for all
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damages Lessor may sustain, including claims made by any succeed+
ing tenant against Lessor which are founded upon delay or
failure in delivering possession of the lease premises to such
succeeding tenant. Lessee hereby waives any and all notice to
which Lessee may otherwise be entitled under the laws of the
State of Arkansas as a prerequisite to a suit against Lessee fort
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the unlawful detention of the leased premises.
16. BINDING EFFECT. This agreement shall inure to the
benefit of and be binding upon the parties herein, their res-
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WILLIAM C.ADAIR nr
ATTORNEY AT LAW
286 EAST COLLE(,E
P.O.BOX 3873
BATESVILLE.AR 72601 II w !
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. . { Lease Agre nt.,
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pective successors, legal representatives, heirs and assigns,
except as expressly limited otherwise herein.
17. TIME OF ESSENCE. The time of the making of the pay-
ments and of the keeping of the covenants herein are of the
essence of this agreement and the parties hereto so agree.
18. NOTICES. Any notice called for or permitted u-der the
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terms hereof may be given in writing and sent by ordinary mail I
to the last address of the party to whom the notice .is to be
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given as designated by such party in writing. Lessor hereby
;3 designates its address as 6.3-3
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� icl/Le/( Lessee hereby designates its
address as 663 Lawrence Streets, P. 0. Box 3210, Batesville,
Arkansas 72503. Any notice so given shall b�, deemed given when
posted. Designations of address may be changed by written not-ice
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� given by ordinary mail from either party to the other. �
IN WITNESS WHEREOF, Lessor and Lessee have hereun+Lo set
their hands this -- day of August, 1983.
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BATESV7TLE JAYCCEF$
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BY: . . . . . . . . . . . . . . . . . .
„i_„l, Thomas Barber, President--
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resident:. . . . . U. . . . . . . .
'Troy J es, Ch. �irman
MT 1 TIWAY ASS_g.0 IAT?
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BY: . ra.
William T. Evans
ATTES
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J. Robert Lemon
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`l'r CITY OF, ATESVILLE, ARKANSAS
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v im sfiirrell, Mayor
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WILLIAM C.ADAIR”
AT
ATTORNEY LAW
286 EAST COLLF.1,E �
P 0 BOX 3813
BATESVILLE.AR 72301 ,
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