14011 1 RESOLUTION NO. 14,011
2
3 A RESOLUTION TO AMEND RESOLUTION NO. 13,892 (MAY 20, 2014)
4 TO AUTHORIZE THE CITY MANAGER TO EXECUTE A REVISED
5 MEMORANDUM OF UNDERSTANDING WITH THERESSA HOOVER
6 UNITED METHODIST CHURCH; AND FOR OTHER PURPOSES.
7
8 WHEREAS, on May 20, 2014, the Board of Directors authorized the City Manager to execute a
9 Memorandum of Understanding ("MOU") between the City and Theressa Hoover United Methodist
10 Church("THUMC")to enable the City to provide additional parking for its 12`h Street Station; and
11 WHEREAS, THUMC and the City now desire to modify the previously authorized MOU to specify
12 the time period in which the City will demolish the four(4) structures that exist on the property that is to
13 become a parking lot and to state when the lease for the parking lot will be entered into between the
14 parties.
15 NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
16 OF LITTLE ROCK,ARKANSAS:
17 Section 1. The Board of Directors hereby authorizes the City Manager to execute the attached revised
18 Memorandum of Understanding with Theressa Hoover United Methodist Church.
19 Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
20 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or adju-
21 dication shall not affect the remaining portions of the resolution, which shall remain in full force and ef-
22 fect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the
23 resolution.
24 Section 3.Repealer. All ordinances, resolutions, bylaws, and other matters inconsistent with this res-
25 olution are hereby repealed to the extent of such inconsistency.
26 ADOPTED: November 18,2014
27 ATTE • APPROVED:
28 it
29 TAMPA I
30 S an L n_ • ,City Clerk Doris Wright,Vice-Mayor
31 • ' 'RO D . TO LEGAL FORM:
32
33t -�
34 Thomas M.Carpent r,City Att ney
'Page 1 of 61
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
The purpose of this Memorandum of Understanding ("MOU") between the City of Little
Rock ("City") and Theressa Hoover United Methodist Church ("THUMC") is to set forth the
understandings and memorialize the agreements made in regard to property in the area of 13th
Street and Cedar Street near the Willie Hinton Resource Center and the 12th Street Station under
construction.
WHEREAS,the City is in the process of planning and constructing a 12th Street Station to better
serve and protect the citizens of the City of Little Rock,and
WHEREAS, it has been determined that additional parking will be needed for the 12th Street
police substation beyond the property currently owned by the City,and
WHEREAS, THUMC owns property in the area of the planned 12th Street Station and it has
proposed to either sell or lease property to the City to provide the needed parking and the City
owns property nearby that THUMC would like to acquire for church purposes.
NOW,THEREFORE,IT IS AGREED BY THE PARTIES AS FOLLOWS:
1.Term.The term of this MOU is for an initial five(5)year period from the date of this MOU.
The MOU may be extended by mutual agreement of the parties.
2.Termination. This MOU may be terminated at will by a party upon at least ninety(90)days'
notice being provided to the other party.
3.Purchase:Lease:Other Terms and Conditions.
(a) THUMC and the City,through its Mayor and City Clerk,shall enter into agreements,in a
form acceptable to the Little Rock City Attorney,for the following:
(1) The City shall purchase from THUMC property located at 3923 West 13th
Street, more particularly described as Lot 6, Block 6, W.B. Worthen's
Addition to the City of Little Rock,Pulaski County,Arkansas,and being
shown on Plat recorded in Plat Book 1,Page 21,of the records of Pulaski
County, Arkansas, for the purchase price of sixty-five thousand dollars
($65,000).
(2) THUMC shall purchase from the City property located at 4001 West
13th Street, Little Rock, Arkansas, more particularly described as Lot 1,
Block 5, W.B. Worthen's Addition to the City of Little Rock, Pulaski
County,Arkansas,for the purchase price of Thirty-Eight Thousand,Nine
Hundred Sixty-Seven and 74/100 Dollars($38,967.74).
(3) THUMC shall pay all closing costs for both transactions described above
up to the amount of twenty-five hundred dollars ($2,500), and the City
shall pay any remaining amount of closing costs.
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(b)At its expense,the City shall demolish,no later than sixty(60)days after the final closing
of the properties identified in 3(a)above,all four(4)structures located in Little Rock on
property located at:
(1) 4005 West 13th Street, more particularly described as Lot 2, Block 5,
W. B. Worthen's Addition to the City of Little Rock, Pulaski County,
Arkansas,and being shown on Plat recorded in Plat Book 1, Page 21,of
the records of Pulaski County,Arkansas;
(2) 4000 West 14th Street, more particularly described as Lots 11 and 12,
Block 5, W. B. Worthen's Addition to the City of Little Rock, Pulaski
County,Arkansas,and being shown on Plat recorded in Plat Book 1,Page
21,of the records of Pulaski County,Arkansas,
(3) 4010 West 14th Street, more particularly described as Lot 10, Block 5,
W. B. Worthen's Addition to the City of Little Rock, Pulaski County,
Arkansas, and being shown on Plat recorded in Plat Book 1, Page 21,
of the records of Pulaski County, Arkansas, but only if such property is
acquired by THUMC within thirty(30)days from the full execution of this
MOU;and
(4) 4001 West 13th Street,Little Rock,Arkansas,more particularly described
as Lot 1, Block 5, W.B. Worthen's Addition to the City of Little Rock,
Pulaski County,Arkansas.
(c)No later than thirty (30) days after the four (4) structures listed above have been
demolished,THUMC shall construct and maintain a temporary parking lot on the lots
described in Sec.3(b)above after all of the following occur:
(1)THUMC obtains title to 4001 West 13th Street,
(2)THUMC, in cooperation with the City, obtains all approvals necessary for such
construction in accordance with City requirements,
(3)The completion of demolition described in Sec.3(b)above occurs,and
(4)A Conditional Use Permit is granted for the temporary parking lot, in which
case all conditions attached to such permit for the temporary parking lot shall be
followed by THUMC.
(d)After THUMC constructs the temporary parking lot described in Sec.3(b),the City shall
proceed without further approval needed from THUMC to construct a permanent parking
lot on such property as further detailed below.
(e)The City and THUMC shall enter into a twenty-five (25)-year lease for the permanent
parking lot described in Sec. 3(d)above for the purpose of providing shared parking for
THUMC and Little Rock Police Department("LRPD")and other City staff as determined
by the City Manager, which lease shall be effective as of the date of completion of
the permanent parking lot by the City. The lease shall provide that the parking lot and
landscaping shall be maintained by THUMC at THUMC's expense.
(1) The lease shall provide at least fifty percent (50%) of the spaces in the
parking lot to the LRPD and other City staff as determined by the City
Manager, except (1) on Sunday days and Wednesday evenings, when
the City shall be provided with at least twenty-five percent (25%) of the
[Page 3 of 61
spaces in the parking lot;(2)except during funerals and with at least forty-
eight (48) hours' advance written notice being provided to the LRPD
12th Street Station Commander, at least twenty-five percent(25%) of the
parking lot spaces shall be provided to LRPD, and (3) for other special
events at the THUMC site,the City may provide additional parking spaces
from its usual half share to THUMC upon forty-eight(48)hours advance
written notice if doing so will not conflict with the parking needs for the
police substation, as determined by the substation commander. These
same sharing provisions shall also apply to the use of the temporary
parking lot.
(2) The parking lot lease shall also provide that if THUMC terminates the
lease before the twenty-five (25) year period has expired, THUMC shall
be responsible to reimburse the City for all the expenses incurred by the
City to demolish the structures and to construct and maintain the parking
lot on the properties owned by THUMC described above in Section 2(b).
The reimbursement shall be based on an amortization of such cost over the
period of time between the early termination of the lease and the end of
the original twenty-five(25)year lease period.
(3) The City shall endeavor to complete the permanent parking lot
improvements within one(1)year from the date LRPD begins occupation
of the 12th Street Station but LRPD shall complete such improvements no
later than eighteen months afterwards, but LRPD's obligation to do so is
contingent upon funding being available to LRPD for such purpose.
(4) All pernranent parking lot construction is also contingent upon approval
of a Conditional Use Permit for the parking lot and shall be in accord with
any conditions placed on the parking lot by the Conditional Use Permit.
(f)The parties are authorized to enter into the twenty-five (25) year lease, in a form
acceptable to the City Attorney, with the provisions stated in this MOU. The City shall
not during the term of the lease pay rent for its use of the parking lot,but in lieu of rent
shall pay the cost of all demolitions on the property, and construction of the permanent
parking lot, including landscaping within the parking lot. If THUMC for any reason
terminates the lease before the end of twenty-five (25)years,THUMC shall reimburse
the City for its costs of demolition and its costs to construct the parking lot and install the
landscaping.
4. Notices. Any notice required to be given hereunder shall be deemed given on the third
business day following mailing of any such notice,postage-paid,to the address herein set forth.
THUMC: CITY:
Regina Durham City Manager
Chair of Board of Trustees 500 W.Markham,Rm.203
4000 W. 13th St. Little Rock AR 72201
Little Rock AR 72201
5.Modifications.Any modifications to this MOU shall be in writing and signed by the parties.
[Page 4 of 6]
6. Non-appropriation. Notwithstanding the term, or any renewal thereof, this MOU shall
terminate at such time as appropriated and otherwise unobligated funds arc no longer available
for the City to satisfy the obligations,covenants,terms and agreements contained herein.
IN WITNESS WHEREOF,the parties have hereunto signed as of the date last written below.
THERESSA HOOVER UNITED CITY OF LITTLE ROCK
METHO 1ST CHURCH
By: 1�., By:
Reit Durham Bruce T.Moore
Chair of Board of Trustees City Manager
Date: � �� �� Date:
APPROVED AS TO LEGAL FORM:I
Poo—Thomas M.Carpenter d/frelr bcpv>y
City Attorney Ci7y ArrAa'k
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)ss
COUNTY OF PULASKI )
On this I t day of ` 2014,personally appeared REGINA DURHAM
who acknowledged that she had executed the foregoing MEMORANDUM OF
UNDERSTANDING, as CHAIR OF BOARD OF TRUSTEES OF THERESSA HOOVER
UNITED METHODIST CHURCH,for the intents and purposes therein stated.
Witness my hand and seal on this C day of ' 2014.
riVQ1-11)‘ta,t,. Pae-lek,
Notary Public
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My Commission Expires: `� �
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[Page 5of61
ACKNOWLEDGMENT
STATE OF ARKANSAS )
)ss
COUNTY OF PULASKI )
On this day of , 2014, personally appeared BRUCE T.
MOORE, who acknowledged that he had executed the foregoing MEMORANDUM OF
UNDERSTANDING, as CITY MANAGER FOR THE CITY OF LITTLE ROCK,
ARKANSAS,for the intents and purposes therein stated.
Witness my hand and seal on this day of ,2014.
Notary Public
My Commission Expires:
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