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RESOLUTION NO. 11,583
20 03093184
69/11/2883 11:85 :56 RH
• Filed d Recorded in
Official Records of
CAROLYN STRLEY
DULBSKI CMWY
CIRCUIT /COUNTY CLERX
Fees 035.88
A RESOLUTION TO AUTHORIZE A CONTRACT BETWEEN
THE CITY OF LITTLE ROCK AND THE LITTLE ROCK
SANITARY SEWER COMMITTEE TO ALLOW THE
ENCROACHMENT OF CERTAIN IMPROVEMENTS WITHIN A
SANITARY SEWER EASEMENT LOCATED ON LANDS
SITUATED IN THE CITY OF LITTLE ROCK, PULASKI
COUNTY, ARKANSAS, OWNED BY THE CITY OF LITTLE
ROCK AND LEASED TO THE WILLIAM J. CLINTON
PRESIDENTIAL FOUNDATION IN THE AREA SPECIFICALLY
11 KNOWN AS THE " CLINTON PRESIDENTIAL PARK" AND
12 ALSO AUTHORIZING THE MAYOR OF THE CITY OF LITTLE
13 ROCK TO EXECUTE THE CONTRACT AND ALL OTHER
14 DOCUMENTS IN CONNECTION THEREWITH; AND FOR
15 OTHER PURPOSES.
16
17 WHEREAS, the Little Rock Sanitary Sewer Committee previously entered into
18 an Encroachment Contract with the William J. Clinton Presidential Foundation in order
19 to allow construction within a sanitary sewer easement on lands owned by the City of
20 Little Rock and leased to the Foundation, all of which is more particularly described in
21 the Encroachment Contract between the Foundation and the Little Rock Sanitary Sewer
22 Committee dated June 7, 2002; and, that Contract shall terminate upon the issuance of a
23 Certificate of Occupancy for the improvements by the City of Little Rock, and.t'�e:Little74,v. �e
24 Rock Sanitary Sewer Committee and the City of Little Rock now desire to-erifermto.an,
25 Encroachment Contract containing provisions for the City's responsibifities ; a'fte>: the.
f+y�pppppyy0•' 9p0�0''.
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1 issuance of the Certificate of Occupancy for said improvements constructed by the
2 Foundation within the sanitary sewer easement, a copy of said Contract being attached
3 hereto, identified as Exhibit "l ", and incorporated by reference herein.
4 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
5 THE CITY OF LITTLE ROCK, ARKANSAS:
6 Section 1. The City of Little Rock is hereby authorized to enter into the
7 Encroachment Agreement attached hereto marked Exhibit "1" with the Little Rock
8 Sanitary Sewer Committee, and the Mayor of Little Rock is hereby authorized to sign
9 the Contract on behalf of the City of Little Rock.
10 Section 2. Severability. In the event any title, section, paragraph, item,
11 sentence, clause, phrase, or word of this resolution is declared or adjudged to be invalid
12 or unconstitutional, such declaration or adjudication shall not affect the remaining
13 portions of the resolution which shall remain in full force and effect as if the portion so
14 declared or adjudged invalid or unconstitutional was not originally a part of the
15 resolution.
16 Section 3. Repealer. All ordinances and resolutions are hereby repealed to the
17 extent of such inconsistency.
18 ADOPTED: September 2, 2003.
19 ATTEST: APPROVED:
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22 Na cy W od, City Clerk Jim oAley, Mayor
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24 APPROVED AS TO FORM:
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27 Thomas M. Carpenter, City Attorney
[PAGE20F23
R.Iudm
To allow mao aunt in Pr &dual Park
Docff 2003093184
• •
ENCROACHMENT CONTRACT
This contract, as hereinafter dated, is entered into by and
between the City of Little Rock (the "City ") by its duly
undersigned and authorized City Manager, and the LITTLE ROCK
SANITARY SEWER COMMITTEE, by its duly authorized representative
Reggie A. Corbitt, Manager of the Little Rock Wastewater Utility
( "Utility ") ;
WITNESSETH
WHEREAS, the City is the owner of certain land situated in
the City of Little Rock, Pulaski County, Arkansas and leased to
The William J. Clinton Presidential Foundation, ( "Clinton
Presidential Park "), pursuant to a Lease Agreement dated
March 1, 2002 between the City and the Foundation, being
previously recorded in the office of Pulaski County
Circuit /County Clerk's Office on March 1, 2002, Document
#2002120756 the same being incorporated by reference herein; and
WHEREAS, the Utility operates and maintains a 54" sanitary
sewer line (the "Sewer Line ") located in the sewer easements for
a sanitary sewer line located along the north boundary of
Clinton Presidential Park (the "Sewer Easements ") , as referred
to in said Lease Agreement; and
WHEREAS, the Foundation intends to construct improvements
(the "Improvements ") in the Clinton Presidential Park, some of
which will be located on land owned by the City and in the
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Utility's sewer easements as shown on Exhibit "A" (consisting of
2 pages) , attached hereto being specifically marked as
"encroachments "; and
WHEREAS, the Utility is willing to permit the construction
by the Foundation of a portion of the Improvements in the Sewer
Easements being encroachments, if the Foundation (1) will obtain
approval of the encroachments prior to construction by the
Foundation of these encroachments, and (2) will agree that if
construction, use, or maintenance of the Improvements damage the
Sewer Line, the Foundation shall be responsible for any damages
and repairs at all times prior to the date of the issuance of a
certificate of occupancy for the Improvements, as issued by the
City of Little Rock; provided further that the City will be
liable, thereafter, for all damages, repairs, and costs
necessary for replacement or repair of any portion of the Sewer
Line damaged by the encroachments, as determined to be
reasonably necessary by the Utility (whether a line joint or
entire line section), and the parties hereto are willing to
enter into a contract to that effect in accordance with the
terms and conditions hereinafter set forth since the Foundation
has previously entered into an Encroachment Contract with the
Utility regarding the Foundation's said Contract having been
reviewed and approved by the City prior to execution thereof.
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NOW THEREFORE, for good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the
City and Utility hereto agree as follows:
1. The City shall pay all costs incurred in the
replacement or repair of any portion of the Sewer Line located
under or near the Improvements which in the judgment of the
Utility sustains damage or failure of serviceability of the
Sewer Line at any time after the issuance of a certificate of
occupancy to the Foundation for the Improvements, as issued by
the City, which damages are proximately caused by the use, or
maintenance of the Improvements, excepting damages caused by the
ordinary use, wear, and age of the Sewer Line, as determined by
the Utility,. in which event the City shall have no liability for
expenses or repairs to the Sewer Line.
2. Any replacement or repair of the Sewer Line for which
the City may be responsible under paragraph No. 1 shall be
approved by the Utility and done at the City's expense for
damages to the Sewer Line occurring after the issuance of the
certificate of occupancy, as provided herein. The Utility shall
have no liability of any nature whatsoever for any damages to
the Improvements as a consequence of the replacement or repair
of the Sewer Line.
3. The City agrees to hold harmless the Utility from all
losses, expenses, damages, or liabilities of any nature
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whatsoever arising out of any damages to or failure of
serviceability of the Sewer Line proximately caused by the use
and maintenance of the Improvements after the issuance by the
City of the certificate of occupancy to the Foundation,
excepting damages caused by the ordinary use, wear, and age of
the Sewer Line, as determined by the Utility, in which event the
City shall have no liability to the Utility under this
paragraph.
4. The Utility hereby consents and agrees only to the
encroachment in the Sewer Easements, as specifically shown on
Exhibit "A", attached hereto for construction of the
Improvements on, over, and adjacent to the Sewer Easements, as
shown on Exhibit "A ", subject to the terms and conditions of
this Contract; provided, however, that the Utility by execution
of this Contract does not consent to any other encroachment,
except as shown on Exhibit "A ", unless specifically approved in
writing by amendment to this Contract prior to the construction
either by the Foundation or the City.
5. It is the intention of the parties hereto that the
terms and conditions herein specified are covenants which run
with the land and these terms and conditions shall be binding
upon, the City, its representatives, successors in title or any
other person, firm or entity who becomes lessee or acquires
title to the property referred to herein as "Clinton
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Presidential Park" in the future; and said covenants shall inure
to the benefit of all parties hereto, their successors or
assigns, and said covenants shall be enforceable by all parties
hereto, their successors or assigns at law or in equity any
other party, its legal representatives, successors or assigns or
against any future lessees or owners of the title to the
property referred to herein as Clinton Presidential Park, all of
whom shall be obligated to comply with the provisions of this
contract. The term of this contract and these covenants shall
be ten years from the date hereof and, thereafter, said -initial
term of ten years shall be automatically extended for successive
periods of ten years each, on and after each ten year
anniversary from the date thereof, unless terminated by a
written instrument filed of record and signed and acknowledged
by both the owner(s) of the Clinton Presidential Park at the
time and the duly authorized representative of the Little Rock
Sanitary Sewer Committee.
7. This Contract shall be governed by the laws of the
State of Arkansas and any suits or actions regarding the
performance of the terms contained herein or to enforce the
provisions herein shall be brought in Pulaski County, Arkansas.
IN WITNESS WHEREOF, the parties to this contract have
hereunto duly executed this contract on the day of
2003.
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LITTLE ROCK SANITARY SEWER COMMITTEE
221 East Capitol Avenue
Little Rock, Arkansas 72202
Dale J. Wintroath, Chair
City of Little Rock, Arkansas
City Hall, 500 West Markham
Little Rock, Arkansas 72201
am
Bruce Moore, City Manager
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ACKNOWLEDGEMENT
STATE OF ARKANSAS)
)
COUNTY OF PULASKI)
On this day of , 2003, before me, the
undersigned, a Notary Public in and for the aforementioned state
and county, duly commissioned and sworn personally appeared Dale
J. Wintroath, to me known to be the Chair of the Little Rock
Wastewater Utility and duly authorized representative of the
Little Rock Sanitary Sewer Committee, that he executed the
foregoing contract, and acknowledged the said contract to be his
free and voluntary act and deed on behalf of said Sewer
Committee, for the uses and purposes therein mentioned, and on
oath stated that he was authorized to execute the said contract.
WITNESS my hand and official seal.
My Commission Expires:
(SEAL)
Notary Public
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VAGMM 100/1/21 *105101 MI N t
STATE OF ARKANSAS)
COUNTY OF PULASKI)
On this day of , 2003, before me, the
undersigned, a Notary Public in and for the aforementioned state
and county, duly commissioned and sworn personally appeared
Bruce Moore, to me known to be the City Manager of Little Rock,
Arkansas and duly authorized representative of the City of
Little Rock, Arkansas, that he executed the foregoing contract,
and acknowledged the said contract to be his free and voluntary
act and deed on behalf of said City of Little Rock, Arkansas,
for the uses and purposes therein mentioned, and on oath stated
that he was authorized to execute the said contract.
WITNESS my hand and official seal.
My Commission Expires:
(SEAL)
Notary Public
W