15785 1 RESOLUTION NO. 15,785
2
3 A RESOLUTION TO AMEND LITTLE ROCK, ARK., RESOLUTION NO.
4 15,083 (OCTOBER 15, 2019), TO ESTABLISH THAT THE DEMISE OF
5 IMPROVEMENTS FOR THE WOMEN AND CHILDREN FIRST: THE
6 CENTER AGAINST FAMILY VIOLENCE SHALL BE WITH LESSEE AS
7 LONG AS THE LEASE IS IN PLACE; AND FOR OTHER PURPOSES.
8
9 WHEREAS, pursuant to a competitive process Women and Children First: The Center Against
10 Family Violence("the Center")was selected to lease property for a period of ninety-nine(99)years,which
11 absent default can be amended to include any extension that accords with Arkansas State Law("the Lease"),
12 within City of Little Rock,Arkansas("the City"), park property, and this selection was formalized in Little
13 Rock,Ark., Resolution No. 15,083 (October 15, 2019); and,
14 WHEREAS,as the City has commonly done with land leases of this type,the personal property and
15 improvements are clearly purchased by, and belong to, the Center, and certain freedoms on the use of the
16 property are included in the Lease, but the title to the actual building improvements will rest with the City
17 upon the termination of the Lease; and,
18 WHEREAS, the Center has the opportunity to seek a Nine Million, Five Hundred Ninety-Seven
19 Thousand Dollars ($ 9,597,000.00) grant at this time, and possible future grants, for the construction,
20 operation,rehabilitation or maintenance,of the Center,and there is concern that the current Lease language
21 does not make clear the extent of such demise; and,
22 WHEREAS, the City wishes to clarify this issue so the Center can receive such funds to fulfill the
23 laudable public purposes which it has been selected to accomplish.
24 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
25 OF LITTLE ROCK,ARKANSAS:
26 Section 1. Section 4.5 of the Lease is hereby amended to read as follows:
27 4.5 Title to Improvements. "Improvements"means any buildings, structures,and
28 fixtures,and any renewals and replacements thereof,erected,built,installed,or constructed
29 upon the Premises during the Term of this Lease. Subject to the Demise,which is intended
30 to provide the Center with the full enjoyment of property rights in these Improvements
31 save the right to alienate the Demise, Premises or Improvements without any property
32 interest accruing to the City, so long as the conditions included within this Lease are
33 fulfilled by the Center, including during the period of any extension or modification of
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1 such Term,the acceptance of such provisions by the Center and, for and in consideration
2 of the consideration set forth within this Lease, the City does Demise, let, rent, and lease
3 to the Center, and the Center does accept, rent, and lease from the City,the Premises, and
4 Improvements for the Term, and any extension,of the Term, of the Lease.
5 Section 2. The provisions of this resolution shall be memorialized in an appropriate addendum to the
6 Lease and executed by the City and the Center; further,the Mayor and City Clerk are hereby authorized to
7 execute such addendum in a form acceptable to the City Attorney.
8 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
9 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or
10 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and
11 effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the
12 resolution.
13 Section 8. Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent with
14 the provisions of this resolution are hereby repealed to the extent of such inconsistency including, but not
15 limited to, Little Rock,Ark., Resolution No. 15,083 (October 15,2019).
16 ADOPTED: September 12,2022
17 ATTEST: APPROVED
18
19 1,,(..,*20 Allison Segars,Dep_Ai&A_45) ty Clerk Frank Sco
21 APPROVED AS TO LEGAL FORM:
22
4t,
23 he44' '1 M •
24 Thomas M. Carpenter,City At rney
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