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O PEER a
RESOLUTION NO. 9,927
119
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CITY OF LITTLE ROCK, ARKANSAS, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO A LEASE
AGREEMENT WITH CENTRAL HIGH MUSEUM, INC.
WHEREAS, the City acquired three tracts of land located at the intersection of 14th and Park
Streets near Central High School by Warranty Deeds dated May 1996; and
WHEREAS, a group of Little Rock community and business leaders has incorporated under the
name Central High Museum, Inc. for the purpose of promoting, constructing and operating a museum
and visitor center to display the history of Little Rock Central High School, and
WHEREAS, the City has appropriated $225,000 in Little Rock Ordinance No. 16,694 (May 16,
1995) for the museum and visitor center; and
WHEREAS, the City and Central High Museum, Inc. have negotiated a lease to construct and
operate the visitor center on two of the lots on the southeast corner of the intersection.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. The Mayor and City Clerk are hereby authorized to execute a lease agreement on
behalf of the City in substantially the form attached to this Resolution.
PASSED: March 4, 1997
ATTEST:
25 /
26 & ••
27 CITY CLERK
28
29
30 APPROVED AS TO FORM:
31
32� n l s
33 THOMAS M. CARPENIU
34 CITY. ATTORNEY
35
36
a
O O O
O D O
O IM d RPM �
LEASE
THIS LEASE ( "Lease ") is entered into this _ day of
O O I• OEM
1997, by and between 120
the City of Little Rock, ( "Landlord ") and the Central High Museum, Inc. ( "Tenant "):
WITNESSETH
For and in consideration of the terms, covenants and conditions herein contained, Landlord
and Tenant hereby covenant and agree as follows:
1. DEMISED PREMISES:
Landlord does hereby let, lease and demise to Tenant, and Tenant does hereby lease from
Landlord, the following described property hereinafter referred to as "Demised Premises ", together
with all improvements located or to be locate thereon, and for driveways and approaches from
abutting streets and alleys for the use and benefit of the Demised Premises:
Tract 1: The south fifty (50) feet of Lots 10, 11 and 12, Block 6, Park
Addition, Little Rock, Pulaski County, Arkansas.
Tract 2: The North 100 feet of Lot 3 and the West 24 feet of the North
100 feet of Lot 2, Block 15, McDonald and Wheeler Addition,
Little Rock, Pulaski County, Arkansas.
Tract 3: Part of Block 15, McDonald and Wheeler's Addition to the
City of Little Rock, Pulaski County, Arkansas, more
particularly described as follows:
Beginning 84 feet East of the Southeast corner of the intersection of
14th Street and Park Avenue; thence South 100 feet; thence East 80
feet; thence North 50 feet; thence East 16 feet; thence North 50 feet;
thence West along the South boundary of 14th Street to the point of
beginning.
2. TERM
It is agreed that this lease shall be for a period of ninety -nine (99) years commencing on
January 1, 1997, and expiring December 31, 2095.
3. DELIVERY OF POSSESSION:
It is mutually agreed that Landlord shall endeavor to deliver possession of the Demised 121
Premises to Tenant on February 3, 1997.
4. RENT AND SECURITY:
It is agreed that Tenant shall not be required to pay rental to Landlord, as consideration for
this Lease is stated to be the construction, operation and maintenance of a public visitor center by
Tenant on the Demised Premises.
5. USE
Tenant agrees that the Demised Premises shall be used for the operation of a public visitor
center depicting the history of Little Rock Central High School. The Demised Premises may also
be used for the storage of construction materials and equipment during construction, and for parking
of vehicles incidental to such use, and for no other purpose without the prior written consent of
Landlord. Tenant further covenants and agrees to comply with all valid laws, statutes, ordinances,
regulations and legal requirements governing the use of the Demised Premises. Tenant shall not
permit or suffer the Demised Premises to be used for any illegal business or occupation.
6. IMPROVEMENTS AND ALTERATIONS:
All improvements to be constructed by Tenant have been approved by the Landlord in the
planned commercial development. Such planned improvements shall be constructed by Tenant in
compliance with the approved plan and all other applicable laws, ordinances and regulations of any
lawful authority. Tenant may construct additions or alterations to the planned improvements
provided such construction complies with the planning, zoning and building regulations of the
Landlord.Tenant agrees to comply with the requirements of the Americans With Disabilities Act (the
"ADA ") and all local, state and federal employment rules and regulations, and to require such
compliance in contractual agreements with subcontractors. In the event of a conflict between the
ADA and any other law or regulation, the ADA shall prevail unless otherwise expressly agreed to 122
by Landlord in writing.
7. MAINTENANCE AND REPAIRS:
Tenant agrees as its own expense, to maintain all of the Demised Premises in good repair
and condition. Upon the expiration of this Lease by termination, surrender or forfeiture. Tenant shall
return the Demised Premises to Landlord in good condition and repair, ordinary wear and tear
excepted.
8. UTILITIES:
Tenant shall be responsible for all charges imposed for use of utility service in the Demised
Premises. Tenant shall further be responsible for the telephone and communications systems,
including writing and accessories thereof. Tenant shall maintain a security system and all appliances
in the Demised Premises. Tenant shall be responsible for janitorial services.
WEEMBIWO1t"OLSID]
Tenant shall maintain, at its sole cost and expenses, fire, hazard, and extended coverage
insurance in the amount of the replacement value of any improvements erected upon the Demised
Premises, and the Landlord shall be named an additional insured in such policy. Tenant shall be
solely responsible for insurance on the personal property of Tenant in the Demised Premises.
Tenant agrees to use and occupy the Demised Premises at its own risk, and Landlord shall
have no responsibility or liability for any loss or damage to fixtures or other personal property of
Tenant.
10. DEFAULT:
Tenant shall be in default under the provisions of this Lease upon the happening of any of
the following events, provided that for any default involving the payment of money, Landlord shall
notify Tenant in writing of such default and Tenant may cure such default within ten (10) days after 123
receipt of such notice. For any default or breach not involving the payment of money, Landlord shall
notify Tenant in writing of such default and Tenant may cure such default within twenty (20) days
after receipt of such notice:
(a) Failure to pay any taxes or fees required to be paid by any law or court of competent
jurisdiction; or
(b) Failure to keep to perform any of the covenants, terms, conditions, or agreements on
the part of Tenant herein to be kept or performed.
11. ASSIGNMENT AND SUBLET:
Tenant shall not assign or otherwise transfer the Lease, any right or interest in the Lease, or
any right or interest in the Demised Premises or any of the improvements that may now or hereafter
be constructed, nor shall Tenant sublet the Demised Premises or any part thereof or allow any other
persons, other than the agents, employees and servants of Tenant, to occupy or use the Demised
Premises or any part thereof, without the prior written consent of the Landlord. The prior written
consent of Landlord shall not be unreasonably withheld by Landlord if the assignment or sublet is
for a proper public purpose. A consent of Landlord to one assignment, subletting, occupation, or use
by another person shall not be deemed to be a consent to any subsequent assignment, subletting,
occupation, or use by any other person.
12. EXPIRATION OF LEASE:
At the end of the term of the Lease and all extensions or renewals thereof, Tenant agrees
promptly and peaceably to restore possession of the Demised Premises to Landlord in good
condition and repair, ordinary wear and tear excepted.
13. NOTICE:
Any notice required or permitted under the terms of this Lease shall be given in writing and 124
sent to the following addresses:
LANDLORD: City Manager
500 West Markham
Little Rock, Arkansas 72201
(501) 371 -4510
TENANT: Central High Museum, Inc.
Attention: President
P.O. Box 390
Little Rock, Arkansas 72203
(501) 376 -8005
14. RELATIONSHIP OF PARTIES:
It is understood and agreed that the relationship of the parties hereto is strictly that of
Landlord and Tenant and that Landlord has no ownership in any enterprise of Tenant and that the
Lease shall not be construed as a joint venture or partnership. Tenant is not and shall not be deemed
an agent or representative of the Landlord and Tenant shall have all the rights and liabilities of an
independent contractor.
15. LANDLORD'S RIGHT OF ENTRY:
Landlord shall have the right to enter upon the Demised Premises at all reasonable
times to inspect the same.
16. TENANT'S INSPECTION OF PREMISES:
Tenant acknowledges and agrees that it has examined the Demised Premises, that the
Demised Premises is accepted in its condition "as is" with knowledge that the Demised Premises
was formerly used as a gas station. Tenant agrees that no representations, warranties or agreements
have been made by Landlord, or any agent of Landlord, as to the condition of the Demised Premises
which are not herein expressed.
M M M M M
17. HOLD OVER BY TENANT:
0
Should Tenant hold over and remain in possession of the Demised Premises after the
expiration of the Lease without Landlord's consent, it shall be not deemed to be a renewal or
extension of the Lease but shall only operate to create a month -to -month tenancy which may be
terminated by Landlord at the end of the month upon 30 days' prior written notice to Tenant.
18. SEVERABILITY:
In the event that any provision of the Lease or part thereof shall be adjudged invalid or
unenforceable by any court of competent jurisdiction, then such provision or part only shall be
deemed invalid and all remaining terms and provision of the Lease shall be carried out and
performed by the parties with the same force and effect as if the invalid provision or part had never
been a part of this Lease.
19. LEASE BINDING:
This Lease and its terms, covenants, conditions and agreements contained herein shall be
inure to the benefit of and shall extend to and be binding upon the parties hereto, their respective
heirs, successors in interest, legal representatives and assigns, except as expressly limited otherwise
herein.
20. ENVIRONMENTAL DISCLOSURE:
Landlord and Tenant are aware that the Demised Premises contained underground storage
tanks, sludge, asbestos and lead -based paint. The parties further understand that such hazardous
wastes have been or are in the process of being removed by Tenant. Tenant represents to Landlord
that any hazardous waste or hazardous substances (collectively "Hazardous Substances "), as those
terms are use in any applicable law including, but not limited to the Comprehensive Environmental
125
Response, Compensation and Liability Act of 1980, as amended, at, upon, under or within the
Demised Premises shall be removed or contained by Tenant in compliance with all applicable
126
environmental laws and regulations.
21. QUIET ENJOYMENT:
Landlord covenants and warrants that is the owner in fee simple absolute of the Demised
Premises and may lease the property as provided herein. Upon payment by Tenant of the rents
herein provided and upon the observance and performance of all covenants, terms, and conditions
upon Tenant's part to be observed and performed, Tenant shall peaceably and quietly hold and enjoy
the demised premises for the term hereby demised without hindrance or interruption by Landlord
or any other person or persons lawfully or equitably claiming, by through or under Landlord, subject
to the terms and conditions of this Lease.
22. ENTIRE AGREEMENT /GOVERNING LAW /AMENDMENTS:
This Lease shall be construed in accordance with the laws of the State of Arkansas. This
Lease represents the entire agreement between the parties hereof, and no further representations or
warranties have been made. This Lease shall not be amended, changed or modified unless in writing
and signed by the parties hereto.
THIS LEASE CONSTITUTES A PROPOSAL BY TENANT TO LEASE THE DEMISED
PREMISES AND SHALL NOT BE BINDING UPON LANDLORD UNTIL SUCH TIME AS IT
IS EXECUTED BY THE AUTHORIZED OFFICIAL OF LANDLORD AND DELIVERED TO
TENANT.
IN WITNESS WHEREOF, this Lease has been executed in duplicate, each of which shall
be deemed an original, by the parties hereto on the date first appearing above.
LANDLORD: CITY OF LITTLE ROCK 127
CITY MANAGER
TENANT: CENTRAL HIGH MUSEUM, INC.
By:
RETT TUCKER, PRESIDENT