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HomeMy WebLinkAbout1982-779-R RESOLUTION # OF THE CITY COUNCIL FOR THE CITY OF BATESVILLE, ARKANSAS A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF BATESVILLE, ARKANSAS TO EXECUTE A LEASE TO THE WHITE RIVER FIREFIGHTERS ASSOCIATION FOR THEIR USE IN CONSTRUCTING AND EQUIPING A FIREFIGHTING FACILITY. WHEREAS, the City Council of the City of Batesville, Arkansas , seeks to improve the fire insurance rating of the City of Batesville and promote and encourage fire protection for its citizens, which include the proper training of its firemen and those firemen of the surrounding communities , and WHEREAS, a non-profit corporation consisting of members of the Batesville Fire Department and members of surrounding fire departments has been formed for the purpose of improving fire insurance ratings in this area and increasing fire protection, and WHEREAS, one goal of said non-profit corporation, namely the White River Fire- fighters Association, is to construct and equip a firefighting training facil- ity, and WHEREAS, said firefighting training facility is needed for the City of Bates- ville and if not for the White River Firefighters Association the expense of said training facility would fall solely upon the City of Batesville, Arkansas , and, WHEREAS, the White River Firefighters Association desires to lease property from the city and the city desires to lease to the White River Firefighters Association certain real property described more fully below for the purpose of said training facility, and WHEREAS, the City Council of the City of Batesville, Arkansas, has determined it to be in the best interest of the City of Batesville and its citizens to lease said property to the White River Firefighters Association for said purpose. 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 author- izes the Mayor and City Clerk of the City of Batesville, Arkansas, to execute a lease leasing certain real property to a non-profit corporation, namely the White River Firefighters Association, said real property being more fully de- scribed as: A tract of land being part of the Northwest Quarter of the Northeast Quarter of Section Twenty-one in Township Thirteen North, Range Six West of the Fifth Principal Meridian (Pt. NW4 NE4 Sec. 21, T13N, R6W, (W 5th P.M. ) in the City of Batesville, Independence County, Arkansas, more particularly described as follows: Commencing at the Northwest Corner of said NW4 NE4; thence run East a distance of 117.8 feet; thence run South 01 degree 00 minutes West a distance of 815.0 feet to the left bank of the White River; thence run South 70 degrees 00 minutes East along said left bank a distance of 235.4 feet to the Point of Beginning (POB) ; thence run South 70 degrees 00 minutes East along said left bank a distance of 359.6 feet to the West line of the US Reservation; thence run North 37 degrees 15 minutes East along said West Line a distance of 157.0 feet; thence run North 25 degrees 00 minutes West a distance of 130.0 feet; thence run North 37 degrees 15 minutes East a distance of 70.0 feet to the Southwest Right of Way Line of a City Street; thence run North 25 degrees 00 minutes West along said City Street a distance of 25.0 feet; thence run North 36 dearees 20 minutes West along said City Street a distance of 215.0 feet-; thence run South 37 degrees 15 minutes West a distance of 466.6 feet to the Point of Beginning. Containing 2.63 acres, more or less. 2. That a copy of said lease by and between the City of Batesville, Arkansas , (W and the White River Firefighters Association is attached hereto, marked EXHIBIT "A", and made a part hereof as though fully set out herein word for word. ADOPTED: 1982 APPROVED: V A � . IM-SHIRRELL, MAYOR ATTEST: ILARRY WILLIAMS, CITY CLERK (W (4w L LEASE This agreement made and entered into on this day of June, 1982, by and between the City of Batesville, hereinafter called LESSOR, and White River Firefighters Association, Inc. , hereinafter called LESSEE: WITNESSETH: 1. Leased Premises. For and in consideration of the rents, covenants and agreements herein entered into and agreed upon by the Lessee as obligations to the Lessor, the Lessor lets, leases and demises unto Lessee, subject to the terms and conditions contained herein, the following described property situ- ated in Independence County, Arkansas , to-wit: i 1 A tract of land being part of the Northwest Quarter of the Northeast Quarter of Section Twenty-one in Township Thirteen North, Range Six West of the fifth Principal Meridian (Pt. NW-1, NE-14 Sec. 21, T13N, R6W, 5th P.M. ) in the City of Batesville, Independence County, Arkansas , ( more particularly described as follows: �r Commencing at the Northwest Corner of said NW-1, NE-I4; thence run East a distance of 117.8 feet; thence run South 01 degree 00 minutes West a distance of 815.0 feet to the left bank of the White River; thence run South 70 degrees 00 minutes East along said left bank a distance of 235.4 feet to the Point of Beginning (POB) ; thence run South 70 degrees 00 minutes East along said left bank a distance of 359.6 feet to the West Line of the US Reservation; thence run North 37 degrees 15 minutes East along said West Line a distance of 157.0 feet; thence run North 25 degrees 00 minutes West a distance of 130.0 feet; thence run North 37 degrees 15 minutes East a distance of 70.0 feet to the Southwest Right of Way Line of a City Street; thence run North 25 degrees 00 minutes West along said City Street a distance of 25.0 feet; thence run North 36 degrees 20 minutes West along said City Street a distance of 215.0 feet; thence run South 37 degrees 15 minutes West a distance of 466.6 feet to the Point of Beginning. Containing 2.63 acres, more or less. TO HAVE AND TO HOLD the same premises unto the said lessee for and during the term herein stated subject to the covenants, terms and conditions and liens herein contained. ��rr 2. Term. This lease shall commence on the day of June, 1982, and shall extend for a term of thirty (30) years ending at midnight on the �4 day of June, 2012. 3. Rent. Lessee agrees to pay to Lessor as rental for the full term of this lease the sum of One Dollar ($1.00) . 4. Use. Lessee agrees to use the leased premises for the purpose of I organizing, conducting and administering a program of firefighters and rescue training, including classroom and practical instruction, study, testing, and (W qualification of firefighters and rescue workers and for public education in these matters. 5. If the Lessee shall cease to use the demised lands for the purposes stated hereinabove for a period of more than thirty (30) days, the Lessor shall have the right to re-enter the leased premises and to relet the same or to re- tain the same for its own use. Lessee agrees that in such event it will vacate the leased premises without further notice. 6. Compliance With Laws. Lessee agrees not to violate any law, ordin- ance, rule or regulation of any governmental authority having jurisdiction of the leased premises. 7. Title and Quite Enjoyment. Lessor covenants and warrants that it is the owner in fee simple absolute of leased premises. Lessee shall peaceably and quietly hold and enjoy the demised presises for the term hereby demised without hindrance of interruption by Lessor. 8. Each paragraph of this lease agreement is severable from all other paragraphs. In the event any court of competent jurisdiction determines that any paragraph or subparagraph is invalid or unenforceable for any reason, all remaining paragraphs and subparagraphs shall remain in full force and effect. 9. Interpretation. This lease agreement shall be interpreted according to and enforced under the laws of the State of Arkansas. 10. Renewal of Lease. Lessee may at its option renew and extend the term of this lease at the expiration of the 30 year lease period for an additional term of twenty (20) years upon the same terms and conditions contained herein for the sum of One Dollar ($1.00) . Said renewal must be given by notice in writing 90 days prior to the expiration of said term. 11. LESSEE shall , at the expiration of this lease, give peaceable posses sion of the premises to the LESSOR and LESSOR shall have the right to force- LW ably take possession if LESSEE should refuse to abandon or vacate the premises upon the expiration of said lease or expiration of any extention in unity. 12. That no assent, expressed or implied, by LESSOR to any breach of the LESSEE'S obligations, duties or covenants shall be deemed to be a waiver of any succeeding breach of the same or other obligation, duty or covenant. 13. If LESSEE shall neglect or fail to perform any of its covenants the LESSOR may, immediately or at any time thereafter, after 90 days notice, enter the premises and repossess the same as of its former estate and expel the LES- SEE, but without any prejudice to any remedies which might otherwise be used by LESSOR for any breach of LESSEE'S covenants. 14. Whenever notice is required in this lease, it shall be in writing and addressed as follows until written notice of change of address is given to the other party. LESSOR LESSEE Mayor Fire Chief City Hall Batesville Fire Department 170 S. 4th Street 389 E. College Street Batesville, AR 72501 Batesville, AR 72501 15. LESSEE agrees to pay all real estate, personal property taxes and special or general assessments, if any, upon said premises as they may become due. 16. LESSEE will not permit any mechanic's lien to be placed upon the premise nor shall LESSEE otherwise encumber the premises. 17. LESSEE shall not assign this lease or sub-let the premises or any (W portion thereof without prior consent of the LESSOR. 18. LESSEE states that its agents have examined the property and knows the condition of the premises and that no representations of whatever kind or nature have been made by LESSOR or its agents. 19. LESSOR shall not be liable for any damage to persons or property occuring or arising on the premises due to LESSEE'S use of the premises and LESSEE agrees to defend and indemnify LESSOR for any losses LESSOR might incur due to LESSEE'S or their agents use of said premises. 20. That upon the expiration of this lease or termination of this lease any and all permanent structures or improvements shall become the sole property of the LESSOR, any structure or fixture which cannot be removed without damage to the premises shall likewise become the property of the LESSOR. Furthermore, the premise, except as provided above must be restored by LESSEE to a useable condition within 90 days after the expiration or termination of this lease. 21. That LESSEE agrees that this lease does not include property currently used as the city dog pound. LESSEE further covenants that its use of premises will not be hazardous to the city dog pound nor will the operations of the LESSEE interfere with said use. CITY OF BATESVILLE B Jim ShirrelI , Ma y10r a i i (W ATTEST: Larry Willi ms, Clerk WHITE RIVER FIREFIGHTERS ASSN. , INC. A Non-Profit Corporation By,j - 4 . W. Cummings, Presid ATTEST: J es oothby, ecretary i (W I i i! ACKNOWLEDGMENT STATE OF ARKANSAS SS. COUNTY OF INDEPENDENCg ) On this day of 1982, before me, a Notary Public duly commissioned, qualified and acting, within and for the said County and State, appeared in person the within named Jim Shirrell and Larry Williams, to me personally well known, who stated that they were the Mayor and Clerk of the City of Batesville, Arkansas, and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said City of Batesville, and further stated and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consider- ation, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this %W day Of 1982. otar ic My Commission Expires: (bw ACKNOWLEDGMENT STATE OF ARKANSAS SS. COUNTY OF INDEPENDEN P ) On this day of 1982, before me, a Notary Public ,duly commissioned, qualified nd acting, within and for the said county and state, appeared in person the within named J. W. Cummings and James Boothby, to me personally well known, who stated that they were the President and Secre- tary of White River Firefighters Association, Inc. , a non-profit corporation, and were duly authorized in their respective capacities to execute the fore- going instrument for and in the name and behalf of said corporation, and further stated and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN T TIMONY WHEREOF, I have hereunto set my hand and seal this T TIMONY I day of 1982. otary lic My Commission Expires: A. i{{p cr 0 ar gyp, `. o � g 0. 4 o .w N A� 2.63 ACRES MA a, 0. � $ SCALE I /00 PO33.9i rQoaa� F PROPERTY DESCRIPTION A tract of land being part of the Northwest Quarter of the Northeast Quarter of Section 'twenty-One in Township Thirteen North Range Six West of the Fifth Prin- cipal Meridian (pt. NWkNEk; Sec, 21, T13N R6W, 5th PM) in the City of Batesville, Independence County, Arkansas more particularly described as follows: Commencing at the Northwest corner of said NWkNEk; thence run East, a dis- tance of 117.8 feet; thence run S OL°OO' W, a distance of 815.0 feet to the Left Bank of the White River; thence run S 70°00' E along said Left Bank, a distance of 235.4 feet to the Point of Beginning;(POB); thence run S 70000' E along said Left Bank, a distance of 359.6 feet to the West Line of the US Reservation; j thence run N 37°15' E along said West Line, a distance of 157.0 feet; thence run 1 N 25°00' W, a distance of 130.0 feet; thence run N 37015' E, a distance of 70.0 feet to the Southwest Right-Of-Way Line of a City Street; thence run N 25000' W along said City Street, a distance of 25.0 feet; thence run N 36°20' W along said City Strf:et, a distance of 215.0 feet; thence run S 37015' W, a distance of r 466.6 feet to the Point of Beginning. Containing 2.63 Acres, more or less. SURVEYOR'S CERTIFICATE I, DAVID L. CARPENTER, a Registered Land Surveyor, do hereby certify that the above property was surveyed under my supervision, and the above map is a correct � representation thereof. This survey is made for the exclusive use of the present owners of the pro- . perty, and also those who purchase, mortgage, or guarantee the title thereto, :;. within one year from the date hereon shown, and as to them I warrant the accuracy of said survey and map. 9 DAVID L CAF.P ENTER �,. a ieTeF m CITY OF BATESVILLE, ARKANSAS LAND 5UWIEY©R a+ 1 $TATE OF PROPERTY SURVEY ARKANSAS ; NO. 846 CARPENTER SURVEYING COMPANY J. BATESVILLE, ARKANSAS a. 5/20/82 132-02