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10975• 0 I RESOLUTION NO. -0,975 2 3 A RESOLUTION TO AUTHORIZE A REQUEST FROM THE CITY OF 4 LITTLE ROCK, ARKANSAS, TO LITTLE ROCK NEWSPAPERS, INC., 5 TO SUBLEASE PROPERTY TO THE ARKANSAS MUSEUM OF 6 SCIENCE AND HISTORY, INC., ON BEHALF OF THE MUSEUM OF 7 DISCOVERY; TO RATIFY VARIOUS DOCUMENTS TO THE LEASE; TO 8 AUTHORIZE AN INCREASE IN LEASE PAYMENTS FOR CERTAIN 9 SPACE; AND FOR OTHER PURPOSES. 10 11 WHEREAS, on November 1, 1994, the City entered into a lease agreement with Little 12 Rock Newspapers, Inc., ( "LR Newspapers "), pursuant to Little Rock, Ark., Resolution No. 13 9359 (October 18, 1994), to lease certain space for the Arkansas Museum of Science and History 14 ( "the Museum "), to be located within the Terminal Building at the River Market District, and 15 WHEREAS, there have been certain addenda to this lease agreed upon by the parties, 16 and 17 WHEREAS, one provision of thislease permits the City to sublease this space to another 18 entity, with the prior written approval of LR Newspapers, so long as the space is used for 19 museum purposes, and 20 WHEREAS, the Museum has applied for a grant from a major national foundation, 21 but to receive this grant the property upon which the Museum is located must be documented 22 as in control of a nonprofit organization and not of a municipality, and 23 WHEREAS, the Museum now operates under the name Museum of Discovery, but has 24 created a nonprofit organization -- the Arkansas Museum of Science and History, Inc. -- to be 25 able to apply for grant monies and donations for the Museum, and which is eligible to apply for 26 the Foundation grant, 27 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF 28 THE CITY OF LITTLE ROCK, ARKANSAS: 29 Section 1. The Mayor is authorized to request LR Newspapers to approve a sublease 30 of the space occupied by the Museum in the Terminal Building, provided this sublease is to the • 1 Arkansas Museum of Science and History, Inc., and the space leased is to be used for museum 2 purposes. 3 Section 2. If the sublease, in a form and pursuant to terms acceptable to the City 4 Manager and the City Attorney, is authorized by LR Newspapers, the City Manager, the City 5 Clerk, and any other appropriate City officials, are authorized to execute the sublease, provided 6 it is understood that provisions as to the City's decision to terminate the lease agreement are, 7 and will remain, within the exclusive control, of the City governing body, and that any similar 8 provisions so identified by the City Manager and the City Attorney as needing to remain within 9 the discretion of the City governing body, shall so remain. to Section 3. Ratification. The Board notes that there have been two prior addenda to 11 this lease agreement and, to the extent that such addenda may require ratification by the City, 12 this resolution shall serve as such ratification and acceptance of the terms and conditions set 13 forth in these addenda. 14 Section 4. Severability. In the event any title, section, paragraph, item, sentence, 15 clause, phrase, or word of this resolution is declared or adjudged to be invalid or 16 unconstitutional, such declaration or adjudication shall not affect the remaining portions of the 17 resolution which shall remain in full force and effect as if the portion so declared or adjudged 18 invalid or unconstitutional was not originally a part of the resolution. 19 Section 5. Repealer. All laws, ordinances, resolutions, or parts of the same, that 20 are inconsistent with the provisions of this resolution are hereby repealed to the extent of such 21 inconsistency. 22 ADOPTED: 1 —9 -01 23 ATTEST: APPROVED: 24 fn 25 /v 26 Nancy ood, Crity Clerk T Dailey, Mayor 27 APPROVED AS TO LEGAL FORM: 28 29 o��w win c�•�H �� 30 Thomas M. Carpenter, Ci Attorney 31 S'm