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1923RESOLUTION NO. ~ ~ Z 3 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF WEST MEMPHIS, ARKANSAS, AND TWO BROTHERS PARTNERSHIP, L.P., AND FOR OTHER PURPOSES. WHEREAS, the City of West Memphis has, for some time, been permitted to make use of the property described in the Lease Agreement which is adjacent to Station One of the West Memphis Fire Department; and WHEREAS, the owners of the property desire to formalize the permitted use of the property by the Lease Agreement; and WHEREAS, the City Council of the City of West Memphis, Arkansas, finds that the Lease Agreement is in the best interest of the City of West Memphis and the West Memphis Fire Department and should be approved and that the Mayor should be authorized and directed to execute the Lease Agreement on behalf of the City of West Memphis; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Memphis, Arkansas, that the Lease Agreement between the City of West Memphis, Arkansas, and Two Brothers Partnership, L.P., is hereby approved and the Mayor is hereby authorized and directed to execute the Lease Agreement on behalf of the City of West Memphis and to take any and all necessary actions to effectuate the purposes of the Lease Agreement. ADOPTED this ~ ~ day of ~~ ~Y , 2009. i /.~._ WILLIAM H. JOHNSON, MAYOR ATTEST: PHIL P A, CITY CLERK REC~'~ City C1~r~s~ C'~~ce ~,,,.-. By ~'~~ _.___ LEASE AGREEMENT Agreement, made on day of 2009, between Two Brothers Partnership, L.P., West Memphis, Arkansas, Lessors, and the City of West Memphis, a municipal corporation of the State of Arkansas, located in the County of Crittenden, Lessee. In consideration of the mutual covenants herein set out, the parties agree as follows: 1. Lessors hereby lease to Lessee the following property located in West Memphis, Crittenden County, Arkansas, and described as follows: Lot 2 in Block 4 of Thompson's Third Addition to the City of West Memphis, Arkansas, as shown by plat of record in Plat Book 1 at page 184. Also, all that part of the south half of Section 7, Township 6 North, Range 9 East, which lies between the East line of said lot 2 and the West line of 7th Street in the City of West Memphis, Arkansas, SUBJECT to easement for right of way_for drainage canal of Drainage District No. 6 but including right of ingress and egress there-across by virtue of instrument recorded in Book 323 at page 76. 2. The term of this Lease shall extend for a period of one year from the date this Lease is executed. Following that term, the Lease shall continue on a month to month basis unless terminated by either party upon thirty days notice. Lessee shall pay Lessors for the use of the leased premises the amount of $1.20 per year, or $ .10 per month following the initial one year term. 3. Lessee covenants at all times to indemnify and save Lessors harmless from any loss, liability, cause, or damages that may occur or be claimed with respect to any person or property on, in or about the leased premises resulting from any act done or omission by or through Lessee, its agents, employees, invitees, or any person on the premises by reason of Lessee's use or occupancy of the leased premises. IN WITNESS WHEREOF, the parties have executed this Agreement at West Memphis, Arkansas, the date and year first above written. LESSORS: TWO BROTHERS PARTNERSHIP, L.P. MAGALENE INGRAM W. KENT INGRAM LESSEE: CITY OF WEST MEMPHIS ARKANSAS B Y ~~ L,~~ rC 6:ir~•••~•~ KEITH M. INGRAM