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15469 1 RESOLUTION NO. 15,469 2 3 A RESOLUTION TO AMEND LITTLE ROCK, ARK., RESOLUTION 4 13,821 (DECEMBER 17,2013) TO AUTHORIZE THE MAYOR AND CITY 5 CLERK TO EXECUTE ANY DOCUMENTS NEEDED FOR THE CITY TO 6 EXTEND THE LEASE FOR CERTAIN PROPERTY LOCATED AT 3719 7 BATESVILLE PIKE, NORTH LITTLE ROCK, ARKANSAS, FOR 8 EMERGENCY COMMUNICATIONS PURPOSES; AND FOR OTHER 9 PURPOSES. 10 11 WHEREAS, Little Rock, Ark., Resolution No. 13,821 (December 17, 2013) approved the Lease for 12 certain property located at 3719 Batesville Pike in North Little Rock,Arkansas to improve the City's radio 13 transmission range; and, 14 WHEREAS,the City and Pulaski County entered into a lease agreement to utilize the Batesville Pike 15 Tower site with the site's owner, Ron Gangluff for a negotiated annual amount of Ten Thousand Dollars 16 ($10,000.00) for 2013 with annual rent payable each year thereafter plus the lesser of 3% of the previous 17 year's rent or an amount equal to the increase in the Consumer Price Index through and including the lease 18 period termination effective March 25,2021; and, 19 WHEREAS,on March 26, 2021, Pulaski County and the City entered into an Amended and Restated 20 Communications Tower Lease Agreement for a ten(10)-year term through and including March 25,2031; 21 and, 22 WHEREAS,during the Amended Lease term the City agrees to pay to Lessor, as rent paid in advance 23 by March 26`h of each year,beginning with the payment due March 26,2021,a and annual sum of Sixteen 24 Thousand Dollars($16,000.00)plus the lesser of 3%of the previous year's annual rent or an amount equal 25 to the increase in the Consumer Price Index as defined in the Amended Lease Agreement. 26 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 27 OF LITTLE ROCK,ARKANSAS: 28 Section 1. The Mayor and City Clerk are hereby authorized to execute any documents needed for the 29 City to lease certain communications tower site property located at 3719 Batesville Pike,North Little Rock, 30 Arkansas, from owner Ron Gangluff for the City's emergency communications purposes, for the amount 31 and the period of time stated in Section 2 below,as negotiated by the parties and with any approval needed 32 by Pulaski County, in a form approved by the City Attorney. 33 Section 2. For leasing the Batesville Pike communications tower site, the City shall pay to Ron [Page 1 of 21 1 Gangluff the negotiated annual amount of Sixteen Thousand Dollars($16,000.00),plus the lesser of 3%of 2 the previous year's annual rent or an amount equal to the increase in the Consumer Price Index as defined 3 in the Amended Lease Agreement. The lease period shall terminate on March 25, 2031, which is co- 4 extensive with the lease by Pulaski County of the Batesville Pike Tower property. 5 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 6 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 7 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 8 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 9 resolution. 10 Section 3. Repealer. All laws,ordinances,resolutions,or parts of the same,that are inconsistent with 11 the provisions of this resolution,are hereby repealed to the extent of such inconsistency. 12 ADOPTED: June 15,2021 13 ATTEST: APPROVED: 14 ' 15 �✓V p v m 16 A����llison Segars, I , ' l City Clerk rank Scott,Jr.,Mayor 17 APPROVED AS TO LEGAL FORM: 18 4( 19 ' 20 Thomas M.Carpenter,City Attorn 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // [Page 2 of 2]