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13947 1 RESOLUTION NO. 13,947 2 3 A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY CLERK TO 4 EXECUTE SUPPLEMENTAL AGREEMENT NO. 2 TO THE LEASE 5 BETWEEN THE CITY OF LITTLE ROCK AND THE U. S. ARMY 6 CORPS OF ENGINEERS REGARDING THE LEASING OF LAND AND 7 WATER AT MURRAY LOCK AND DAM, MCCLELLAN-KERR 8 ARKANSAS RIVER NAVIGATION SYSTEM, IN ORDER TO EXTEND 9 THE LEASE FOR AN ADDITIONAL FIVE (5) YEARS TO END ON 10 DECEMBER 23, 2039; AND FOR OTHER PURPOSES. 11 12 WHEREAS, on December 24, 1984, the U. S. Army Corps of Engineers and the City of Little Rock 13 entered into Lease No. DACW03-1-85-245 for a term of fifty (50) years regarding the City's leasing of 14 166 acres of land and water to be utilized for public park and recreational purposes at the Murray Lock 15 and Dam; and, 16 WHEREAS, on May 13, 1996, approximately thirteen (13) acres was added to the lease area by the 17 execution of Supplemental Agreement No. 1; and, 18 WHEREAS,this Lease will expire on December 23, 2034; and, 19 WHEREAS, the City is now seeking a grant from the State of Arkansas to assist in the funding of 20 permanent restroom facilities at the foot of the Big Dam Bridge on the Little Rock side. This grant 21 requires the City to have a leasehold interest in the subject property for at least the next twenty-five (25) 22 years;and, 23 WHEREAS, the City is in need of an extension of the term on the current Lease for an additional 24 five (5)years, and the Corps of Engineers has agreed to extend the Lease for an additional five (5)years 25 to end on December 23, 2039. 26 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 27 OF LITTLE ROCK. ARKANSAS: 28 Section 1. The Board of Directors hereby authorizes the Mayor and City Clerk to execute 29 Supplemental Agreement No. 2 to Lease No. DACW03-1-85-245 between the City of Little Rock and the 30 U. S. Army Corps of Engineers regarding the leasing of land and water at Murray Lock and Dam, 31 McClellan-Kerr Arkansas River Navigation System, in order to extend the term of the Lease for an 32 additional five(5)years to end on December 23, 2039. 33 Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 34 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or [Page 1 of 21 1 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 2 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 3 resolution. 4 Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent 5 with the provisions of this resolution, are hereby repealed to the extent of such inconsistency. 6 ADOPTED: August 19,2014 r- 7 ATTES : APPROVED: 8 9 Al' /ill 10 Susan i ey, City Clerk Mark Stodola,Mayor 11 AP'CI AS TO LEGAL FORM: 12 13 k9'L`4—#9L 14 Thomas M. Carpenter;City A tAoi-ney 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // [Page 2of2l