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9927■ t: C = 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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