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13892 1 RESOLUTION NO. 13,892 2 3 A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO EXECUTE 4 A MEMORANDUM OF UNDERSTANDING WITH THERESSA HOOVER 5 UNITED METHODIST CHURCH TO ENABLE THE CITY TO PROVIDE 6 ADDITIONAL PARKING FOR ITS 12TH STREET STATION; TO 7 AUTHORIZE A TWENTY-FIVE (25)-YEAR LEASE FROM THE 8 THERESSA HOOVER UNITED METHODIST CHURCH OF CERTAIN 9 PARCELS NEAR THE 12th STREET STATION; TO AUTHORIZE THE 10 PURCHASE OF LOT 6, BLOCK 6, W.B. WORTHEN'S ADDITION TO 11 THE CITY OF LITTLE ROCK,ARKANSAS; TO AUTHORIZE THE SALE 12 OF LOT 1, BLOCK 5, W.B. WORTHEN'S ADDITION TO THE CITY OF 13 LITTLE ROCK, ARKANSAS, TO THERESSA HOOVER UNITED 14 METHODIST CHURCH; AND FOR OTHER PURPOSES. 15 16 WHEREAS,the City is proceeding to construct a new Police Substation on 12th Street and additional 17 parking will be needed for the substation when completed; and, 18 WHEREAS, a Memorandum of Understanding has been negotiated with the Theressa Hoover United 19 Methodist Church regarding properties the church owns near the 12t Street Station and a lot in the same 20 area owned by the City; and, 21 WHEREAS, the proposed memorandum of understanding states that the City will be provided rent- 22 free parking for a twenty-five(25)-year period on four(4)lots pursuant to a lease to be signed by the parties, 23 under the condition that the church constructs and maintains a temporary parking lot on the lots after the 24 City demolishes the structures on the lots,that the City will later pave,stripe and landscape the parking lot, 25 and that the parking lot, which will be maintained by the church at its expense, will be shared with the 26 church,including during certain special events; and, 27 WHEREAS,the Memorandum of Understanding includes the City's purchase of Lot 6,Block 6,W.B. 28 Worthen's Addition to the City of Little Rock,Pulaski County,Arkansas,from the Theressa Hoover United 29 Methodist Church at a cost of Sixty-Five Thousand($65,000.00)and the City's sale of Lot 1,Block 5,W.B. 30 Worthen's Addition to the City of Little Rock,Arkansas,to Theressa Hoover United Methodist Church for 31 Thirty-Eight Thousand,Nine Hundred Sixty-Seven and 74/100 Dollars($38,967.74); and, 32 WHEREAS,the Board of Directors has determined that it is in the City's best interests to approve the 33 memorandum of understanding with the church and to authorize the Mayor and Clerk to sign the proposed [Page 1 of 9] 1 twenty-five (25)-year lease and all documents needed for the City to acquire Lot 6, Block 6 of W.B. 2 Worthen's Addition to the City of Little Rock, Arkansas, and for the City to sell Lot 1, Block 5 of W.B. 3 Worthen's Addition to the City of Little Rock, Arkansas, to the church; 4 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 5 OF LITTLE ROCK,ARKANSAS: 6 Section 1. The City Manager is hereby authorized to enter into the attached Memorandum of 7 Understanding with the Theressa Hoover United Methodist Church. 8 Section 2. The Mayor and City Clerk are authorized to enter into a twenty-five (25)-year lease with 9 Theressa Hoover United Methodist Church for the properties located at 4001 West 13th Street, 4005 West 10 13th Street, 4000 West 14th Street and 4010 West 14th Street, as more particularly described in the 11 Memorandum of Understanding, in a form approved by the City Attorney and under the conditions stated 12 in the Memorandum of Understanding. 13 Section 3. The Mayor, City Manager, and City Clerk, as appropriate, are authorized to execute all 14 documents needed for the City to purchase Lot 6, Block 6, W. B. Worthen's Addition to the City of Little 15 Rock, located at 3923 West 13th Street in Little Rock from Theressa Hoover United Methodist Church for 16 Sixty-Five Thousand Dollars ($65,000.00)to be used for parking for the 12th Street Station. 17 Section 4. The Mayor, City Manager, and City Clerk, as appropriate, are authorized to execute all 18 documents needed for the City to sell Lot 1, Block 5, W. B. Worthen's Addition to the City of Little Rock, 19 Arkansas, to Theressa Hoover United Methodist Church for Thirty-Eight Thousand,Nine Hundred Sixty- 20 Seven and 74/100 Dollars($38,967.74). 21 Section 5. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 22 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 23 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 24 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 25 resolution. 26 Section 6. Repealer. All laws, ordinances,resolutions, or parts of the same,that are inconsistent with 27 the provisions of this resolution, are hereby repealed to the extent of such inconsistency. 28 ADOPTED: May 20,2014 29 ATTEST: APPROVED: 30 3161eirlethrs - 32 Toya binson,Assi tut City Clerk Mark Stodola,Mayor 33 34 [Page 2 of 9] 1 APPROVED AS TO LEGAL FORM: 2 3 �j(/1 , 644.et, ,�� 4 Thomas M. Carpenter;City At rneyt 5 // 6 // 7 // 8 // 9 // 10 // 11 // 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // [Page 3 of 9] 1 MEMORANDUM OF UNDERSTANDING 2 3 The purpose of this Memorandum of Understanding ("MOU") between the City of Little Rock ("City"), 4 Arkansas, and Theressa Hoover United Methodist Church ("THUMC") is to set forth the understandings 5 and memorialize the agreements made in regard to property in the area of 13th Street and Cedar Street near 6 the Willie L.Hinton Neighborhood Resource Center and the 12t Street Station under construction. 7 8 WHEREAS,the City is in the process of planning and constructing a 12th Street Station to better serve 9 and protect the citizens of the City of Little Rock,and 10 WHEREAS, it has been determined that additional parking will be needed for the 12th Street police 11 substation beyond the property currently owned by the City,and 12 WHEREAS,THUMC owns property in the area of the planned 12th Street Station and it has proposed 13 to either sell or lease property to the City to provide the needed parking and the City owns property nearby 14 that THUMC would like to acquire for church purposes. 15 16 NOW,THEREFORE,IT IS AGREED BY THE PARTIES AS FOLLOWS: 17 18 1.Term.The term of this MOU is for an initial five(5)-year period from the date of this MOU.The MOU 19 may be extended by mutual agreement of the parties. 20 2. Termination. This MOU may be terminated at will by a party upon at least ninety (90) days' notice 21 being provided to the other party. 22 3.Purchase:Lease: Other Terms and Conditions. 23 (a) THUMC and the City, through its Mayor and City Clerk, shall enter into agreements, in a form 24 acceptable to the Little Rock City Attorney, for the following: 25 (1) The City shall purchase from THUMC property located at 3923 West 13`s Street, 26 more particularly described as Lot 6, Block 6, W.B. Worthen's Addition to the 27 City of Little Rock, Pulaski County, Arkansas, and being shown on Plat recorded 28 in Plat Book 1, Page 21, of the records of Pulaski County, Arkansas, for the 29 purchase price of Sixty-Five Thousand Dollars($65,000.00). 30 (2) THUMC shall purchase from the City property located at 4001 West 13th Street, 31 Little Rock, Arkansas, more particularly described as Lot 1, Block 5, W.B. 32 Worthen's Addition to the City of Little Rock, Pulaski County, Arkansas, for the 33 purchase price of Thirty-Eight Thousand, Nine Hundred Sixty-Seven and 74/100 34 Dollars($38,967.74). 35 (3) THUMC shall pay all closing costs for both transactions described above up to the [Page 4 of 9] 1 amount of Two Thousand, Five Hundred Dollars ($2,500.00), and the City shall 2 pay any remaining amount of closing costs. 3 (b) At its expense, the City shall demolish all four (4) structures located in Little Rock on property 4 located at: 5 (1) 4005 West 13th Street, more particularly described as Lot 2, Block 5, W. B. 6 Worthen's Addition to the City of Little Rock, Pulaski County, Arkansas, and 7 being shown on Plat recorded in Plat Book 1, Page 21, of the records of Pulaski 8 County,Arkansas; 9 (2) 4000 West 14t Street,more particularly described as Lots 11 and 12,Block 5,W. 10 B. Worthen's Addition to the City of Little Rock, Pulaski County, Arkansas, and 11 being shown on Plat recorded in Plat Book 1, Page 21, of the records of Pulaski 12 County,Arkansas, 13 (3) 4010 West 14th Street, more particularly described as Lot 10, Block 5, W. B. 14 Worthen's Addition to the City of Little Rock, Pulaski County, Arkansas, and 15 being shown on Plat recorded in Plat Book 1, Page 21, of the records of Pulaski 16 County, Arkansas,but only if such property is acquired by THUMC within thirty 17 (30)days from the full execution of this MOU; and 18 (4) 4001 West 13th Street, Little Rock, Arkansas, more particularly described as Lot 19 1, Block 5, W.B. Worthen's Addition to the City of Little Rock, Pulaski County, 20 Arkansas. 21 (c) No later than thirty (30) days after the four (4) structures listed above have been demolished, 22 THUMC shall construct and maintain a temporary parking lot on the lots described in Sec. 3(b) 23 above after all of the following occur: 24 (1) THUMC obtains title to 4001 West 13t Street, 25 (2) THUMC, in cooperation with the City, obtains all approvals necessary for such 26 construction in accordance with City requirements, 27 (3) The completion of demolition described in Sec. 3(b)above occurs,and 28 (4) A Conditional Use Permit is granted for the temporary parking lot, in which case all 29 conditions attached to such permit for the temporary parking lot shall be followed by 30 THUMC. 31 (d) The City and THUMC shall enter into a twenty-five (25)-year lease for the parking lot described 32 in Sec. 3(c)above for the purpose of providing shared parking for THUMC and Little Rock Police 33 Department (LRPD) and other City Staff as determined by the City Manager, to be executed 34 expeditiously after execution of this MOU. The lease shall provide for the demolition described in [Page 5 of 91 1 Sec. 2(b) above, THUMC's construction and maintenance of the temporary parking lot, and the 2 City's eventual construction of a paved and striped parking lot with landscaping, with the lot and 3 landscaping to be maintained by THUMC at THUMC's expense. 4 (1) The lease shall provide at least 50% of the spaces in the parking lot to the LRPD 5 and other City Staff as determined by the City Manager,except(1)on Sunday days 6 and Wednesday evenings,when the City shall be provided with at least 25%of the 7 spaces in the parking lot; (2) except during funerals and with at least forty-eight 8 (48)hours advance written notice being provided to the LRPD 12t Street Station 9 Commander,at least 25%of the parking lot spaces shall be provided to LRPD;and 10 (3) for other special events at the THUMC site, the City may provide additional 11 parking spaces from its usual half share to THUMC upon forty-eight (48) hours 12 advance written notice if doing so will not conflict with the parking needs for the 13 police substation,as determined by the substation commander. 14 (2) The parking lot lease shall also provide that if THUMC terminates the lease before 15 the twenty-five (25)-year period has expired, THUMC shall be responsible to 16 reimburse the City for all the expenses incurred by the City to demolish the 17 structures and to construct and maintain the parking lot on the properties owned 18 by THUMC described above in Section 2(b). The reimbursement shall be based 19 on an amortization of such cost over the period of time between the early 20 termination of the lease and the end of the original twenty-five (25)-year lease 21 period. 22 (3) The City shall endeavor to complete the permanent parking lot improvements one 23 (1)-year from the date LRPD begins occupation of the 12th Street Station but LRPD 24 shall complete such improvements no later than eighteen(18)months afterwards, 25 but LRPD's obligation to do so is contingent upon funding being available to 26 LRPD for such purpose. 27 (4) All permanent parking lot construction is also contingent upon approval of a 28 Conditional Use Permit for the parking lot and shall be in accord with any 29 conditions placed on the parking lot by the Conditional Use Permit. 30 (e) The parties are authorized to enter into a twenty-five (25)-year lease, in a form acceptable to the 31 City Attorney, with the provisions stated in this MOU. The City shall not during the term of the 32 lease pay rent for its use of the parking lot,but in lieu of rent shall pay the cost of all demolitions 33 on the property, and construction of the permanent parking lot, including landscaping within the 34 parking lot.If THUMC for any reason terminates the lease before the end of twenty-five(25)years, [Page 6 of 9] 1 THUMC shall reimburse the City for its costs of demolition and its costs to construct the parking 2 lot and install the landscaping. 3 3. Notices. Any notice required to be given hereunder shall be deemed given on the third business day 4 following mailing of any such notice,postage-paid,to the address herein set forth. 5 6 THUMC: CITY: 7 Regina Durham City Manager 8 Chair of Board of Trustees 500 West Markham Street, Room 203 9 4000 West 13th Street Little Rock AR 72201 10 Little Rock AR 72201 11 4.Modifications. Any modifications to this MOU shall be in writing and signed by the parties. 12 5.Non-anuropriation.Notwithstanding the term,or any renewal thereof,this MOU shall terminate at such 13 time as appropriated and otherwise unobligated funds are no longer available for the City to satisfy the 14 obligations, covenants,terms and agreements contained herein. 15 16 IN WITNESS WHEREOF,the parties have hereunto signed as of the date last written below. 17 18 THERESSA HOOVER UNITED CITY OF LITTLE ROCK 19 METHODIST CHURCH 20 21 By: By: 22 Regina Durham, Chair Bruce T. Moore, City Manager 23 Board of Trustees 24 Date: Date: 25 26 APPROVED AS TO LEGAL FORM: 27 28 29 Thomas M. Carpenter, City Attorney 30 // 31 // 32 // 33 // 34 // 35 // 36 // [Page 7 of 9] 1 // 2 // 3 ACKNOWLEDGMENT 4 5 STATE OF ARKANSAS ) 6 )ss 7 COUNTY OF PULASKI ) 8 9 On this day of , 2014, personally appeared REGINA DURHAM who 10 acknowledged that she had executed the foregoing MEMORANDUM OF UNDERSTANDING, as 11 CHAIR OF BOARD OF TRUSTEES OF THERESSA HOOVER UNITED METHODIST 12 CHURCH, for the intents and purposes therein stated. 13 14 Witness my hand and seal on this day of ,2014. 15 16 17 Notary Public 18 My Commission Expires: 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 [Page 8 of 9] 1 2 3 4 ACKNOWLEDGMENT 5 6 STATE OF ARKANSAS ) 7 )ss 8 COUNTY OF PULASKI ) 9 10 On this day of , 2014, personally appeared BRUCE T. MOORE, who 11 acknowledged that he had executed the foregoing MEMORANDUM OF UNDERSTANDING,as CITY 12 MANAGER FOR THE CITY OF LITTLE ROCK,ARKANSAS, for the intents and purposes therein 13 stated. 14 15 Witness my hand and seal on this day of ,2014. 16 17 18 19 Notary Public 20 21 My Commission Expires: 22 23 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // [Page 9 of 9]