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Home My WebLink About1979-729-R RESOLUTION * 7 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF BATESVILLE, TO EXECUTE A LEASE BETWEEN THE COUNTY OF INDEPENDENCE, ARKANSAS AS LESSOR AND THE CITY OF BATESVILLE, ARKANSAS AS LESSEE AND FOR OTHER PURPOSES. WHEREAS, the City of Batesville, Arkansas is currently leasing certain property located within the City of Batesville from the County of Independence, and WHEREAS, the City of Batesville has caused to be built upon said property the Batesville Police Department building, and WHEREAS, that lease provides that the City of Batesville may renew said lease for an additional period of fifty years , and WHEREAS, the original lease contained provisions no longer applicable and the City as lessee and the County as lessor deems it necessary and proper that these certain provisions be no longer included in the lease, and WHEREAS, the City Council of the City of Batesville feels that the general welfare of the City of Batesville will best be served if this lease is renewed with those changes as necessary being made and whereas a copy of the lease is attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS, AS FOLLOWS: 1. That the City Council of the City of Batesville, Arkansas hereby authorizes and directs the Mayor and City Clerk of the City of Batesville, Arkansas to execute a lease with the County of Independence pertaining to the following described property: A part of Lots 4 and 5 of Block 19 in Old Town Addition of Batesville, Arkansas , described thus: Commencing at �Mw the Northeast Corner of Lot 5 of said Block 19 being the corner of a retaining wall and being the intersection of Main and Fourth Street; thence South 34 degrees 1 minute East 130 feet along the West side of Fourth Street to the Point of Beginning; thence continuing South 34 degrees 1 minute East 20 feet with the West side of Fourth Street to a metal spike in concrete; thence South 54 degrees 59 minutes West 130 feet parallel with Main Street to a nail ; thence North 34 degrees 1 minute West 20 feet parallel with Fourth Street to a point; thence North 54 degrees 59 minutes East 130 feet to the Point of Beginning, containing �w .06 acres, more or less. 2. That a copy of said lease is attached hereto, those terms con- tained therein shall be the terms of said lease between the County as lessor and the City as lessee. 3. That said lease shall be effective from November 1, 1979 to October 31, 2029 and the City shall have the right to renew said lease for an additional f*ft (50) years. Adopted 1979. APPROVED: Peytoikolden, Mayor ATTEST: Larry Williams, City Clerk �w LEASE RENEWAL KNOW ALL MEN BY THESE PRESENTS: This agreement made between INDEPENDENCE COUNTY, ARKANSAS (hereinafter Lessor) and the CITY OF BATESVILLE, ARKANSAS (hereinafter Lessee) on this 31st day of October, 1979, witnesseth: 1. That it is agreed by and between the lessor and lessee that the term of that certain Lease Agreement made and entered into by and between the lessor and lessee hereto, dated the 27th day of October, 1976, and relating to that certain tract of land described as follows: A part of Lots 4 and 5 of Block 19 in Old Town Addition of Batesville, Arkansas, described thus: Commencing at the Northeast Corner of Lot 5 of said Block 19 being the corner of a retaining wall and being the intersection of Main and Fourth Street; thence South 34 degrees 1 minute East 130 feet along the West side of Fourth Street to the Point of Beginning; thence continuing south 34 degrees 1 �w minute East 20 feet with the West side of Fourth Street to a metal spike in concrete; thence South 54 degrees 59 minutes West 130 feet parallel with Main Street to a nail ; thence North 34 degrees 1 minute West 20 feet parallel with Fourth Street to a point; thence North 54 degrees 59 minutes East 130 feet to the Point of Beginning, containing .06 acres, more or less. is hereby extended for the further term of fifty (50) years beginning on the 1st day of November, 1979, and ending on the 31st day of October, 2029 subject to the following terms and provisions. A. ) That for and in consideration of the sum of one dollar and for other valuable consideration , the receipt of which is hereby acknowledged, the term of this lease shall extend from the 1st day of November, 1979 to October 31st, 2029 and the lessee shall have the option to renew this lease for a re- newal period of fifty (50) years beginning on the 1st day of November, 2029. B. ) Upon termination of this lease agreement any improve- ments, alterations or additions made to the premises by lessee shall become the property of the lessor. C. ) The lessee has inspected and knows the condition of the leased premises and accepts said premises as is. It is understood that the leased premises are hereby leased to lessee without any obligation on the part of the lessor to make any alterations, additions, repairs or maintain the premises. D. ) Lessee may make any additions, improvements or altera- tions to the leased premises, but shall not and will not suffer or permit any mechanic's lien or other lien to attach or be against or upon the property described herein. E. ) Lessor shall not be responsible for damages to property or injuries to persons which may arise from or be inci- dent to the use and occupation of the premises described herein, nor for damages to the property or injuries to the person of lessee or of others who may be on said premises at lessee's invitation, and lessee shall hold lessor harmless from any and all claims for such damages or injuries. F. ) The failure of lessor to insist in any one or more instances upon performance of any of the terms , cove- nants or conditions of this lease shall not be construed as a waiver or relinquishment of the future performance of any such term, covenant or condition, but lessee's obligation with respect to such future performance shall continue in full force and effect. G. ) The lessee specifically agrees that should the property described herein, cease to be used by the City of Batesville, Arkansas, primarily for municipal purposes, the within lease shall immediately terminate, and lessor may, without notice to lessee, retake possession of the pro- perty described herein. IN WITNESS WHEREOF, we have hereunto set our hands and seals as County Judge of Independence County, Arkansas, and Mayor of the City of Batesville, Arkansas, respectively, on the day and year first above written. S penter,,Acolinty Judge - ' 7Peyton Rblden, Mayor Larry Will1lams, City Clerk iv �00 ACKNOWLEDGMENT STATE OF ARKANSAS ) SS COUNTY OF INDEPENDENCE) BE IT REMEMBERED, That on this day came before me, the undersigned, a Notary Public, within and for the county aforesaid, duly commissioned and acting, Jess Carpenter and Peyton Golden, to me well known as the persons executing the foregoing instrument, and stated that they had executed the same for the consideration and purpose mentioned and set forth. Witness my hand and seal as such Notary Public on this day of /U�� 1979. 16z,-e-�-A- Zaj�L, Nota P bIic My Commission Expires: + z 4, � tt . y OW 7 °4% 13t.tesville, City Uffic:e a bldg. i 24.Z' t' o - - : �, lel • in ; CARL. W. PiNKSTON REGISTERED J 1rN � p, LAND $URVEYOR �v) STATE OF 7t!D s' ARKANSAS � N �r NO. 710 + 4+ Sg Scale i" - 20' dost Viii c� ' Set nail E .i' Loading � ram l). \\ b• � .ti 34°U1 ' li � A part of Lots 4 & 5 of Block 19 in old Town Addition of Batesville, Arkansas t j. `.. as recorded in Book C, Page 458 of deeds of Record, described thus; Commencing at the Northeast corner of Lot 5 of said Block 19 being the corner of ' a retaining wall and being the intersection of Main and Fourth Street, thence S34001'£ 13.0.0 ft. along the West side of Fourth Street to point of beginning, thence' continuing 5340011£ 2000 ft. with West side of Fourth Street to a metal spike in cbnpret , thence S54 59'W 130.0 ft. parallet with Main Street to a nail.,, thenc* X34 . 01V 20.0 ft. parallel with Fourth St. to a point, thence � ;fix I�d54059'Z 130.0 'ft, to point of beginning, containing .06 Acre more or less. .,_.:rm.s.wa.�.�4,ti,"�""o..";�r - •:, .«. «.,..,. ,'�-t-. . .. ..., � ...--..;.......,7..,;,,.,,:,_.._....._........�..,.::F...:.,._:...._z.-...........-.....-.... .r-.'-�a:......w...s.._...