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7279M e M M M M M r M A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO A LEASE AGREEMENT WITH THE ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT; AND AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A LEASE WITH THE LITTLE ROCK AMBULANCE AUTHORITY. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. The Mayor and the City Clerk are hereby authorized to enter into a lease with the Arkansas Highway and Transportation Department for the site for the Little Rock Ambulance Authority's building at 8th and Ringo Streets. That lease is attached hereto as Exhibit A. SECTION 2. The Mayor and the City Clerk are hereby authorized to enter into a sub -lease with the Little Rock Ambulance Authority for the property located at 8th and Ringo Streets for the building site for the Little Rock Ambulance Authority. That sub -lease is attached hereto as Exhibit B. ADOPTED: November 6, 1984 ATTEST: APPROVED: CITY CLERI JANE CZEC14 MAYOR J. W. BENAF LD 104 r� M RESOLUTION NO. 7,279 M M M r M A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO A LEASE AGREEMENT WITH THE ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT; AND AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A LEASE WITH THE LITTLE ROCK AMBULANCE AUTHORITY. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. The Mayor and the City Clerk are hereby authorized to enter into a lease with the Arkansas Highway and Transportation Department for the site for the Little Rock Ambulance Authority's building at 8th and Ringo Streets. That lease is attached hereto as Exhibit A. SECTION 2. The Mayor and the City Clerk are hereby authorized to enter into a sub -lease with the Little Rock Ambulance Authority for the property located at 8th and Ringo Streets for the building site for the Little Rock Ambulance Authority. That sub -lease is attached hereto as Exhibit B. ADOPTED: November 6, 1984 ATTEST: APPROVED: CITY CLERI JANE CZEC14 MAYOR J. W. BENAF LD 104 r� M M M M M of EXHIBIT A TO RESOLUTION NO. 71279 LEASE (AIRSPACE AGREEMENT) This agreement made and entered into on the day 19_ , by and between the Arkansas State Highway Commission, Lessor and City of Little Rock, Arkansas, Lessee. WHEREAS, the City proposes to construct a building to house the Little Rock Ambulance Authority on surplus right of way on the south side of 8th Street between Cross and Ringo Streets in Little Rock, Pulaski County, Arkansas, with access to 8th Street as shown on the plan sheet attached hereto. WITNESSETH: The LESSOR, for and in consideration of the sum of One Dollar ($1.00), undertakings of the LESSEE hereinafter contained, has leased and let, and by these presents does hereby lease and let unto.LESSEE for the term, and for the purposes and on the conditions hereinafter contained, the following described real estate situated in Pulaski County, to -wit: Part of Block 288 and adjacent West Half of Ringo Street, Original City of Little Rock, Pulaski County, Arkansas, more particularly described as follows: . Beginning at the point of intersection of the Centerline of Ringo Street with the extended North line of Block 288; thence in a Southerly direction along the Centerline of Ringo Street a distance of 122 feet more or less to a point on the Northerly Control of Access Line of I -630; thence in a Westerly direction along said Control of Access Line a distance of 182 feet to a point on the West line of the East Half of Block 288; thence in a Northerly direction along said Rest line a distance of 119 feet more or 'less to a point on the North line of Block 288; thence in an Easterly direction along the North line of 31ock 288 extended a distance of 180.02 feet to the point of '.ceginning and containing 25,785 square feet more or less. To have and hold the same unto the said LESSEE for and during the term hereinafter provided and the conditions hereinafter expressed. I n 105 a Term of Lease. This lease shall be for a term of seventy -five (75) years, beginning on the day of 19—, and ending on the _ day of _ 19 The rent shall be One Dollar ($1.00) per year. THE PARTIES HERETO COVENANT AND AGREE AS FOLLOWS: (1) The premises shall be used during the tenancy hereof exclusively for the purpose of housing the Little Rock Ambulance Authority offices, maintenance area and equipment. The lease and all rights granted the LESSEE thereunder shall terminate with right of possession reverting to the LESSOR in the event that the use of the premises is changed. Vehicular access to the area described in this agreement directly from the established grade line of Interstate 630 is specifically prohibited. (2) The LESSEE is granted permission to install facilities for, and to operate on the premises, a gasoline supply station; vehicles used or designed for the transportation of gasoline or petroleum products shall be permitted on the premises; bulk storage of gasoline or petroleum products shall be permitted on the premises. The LESSEE shall also be.permitted to operate a liquid oxygen refilling system on the premises (not cascading system).. In storing, maintaining, dispensing, and operating the materials enumerated in this paragraph, the LESSEE shall at all times comply with applicable safety rules, regulations, and statutes and shall act so as to minimize the risk of death, injury; or property damage due to fire, explosion, or other danger attendant to the materials. (3) No permanent improvements or alterations shall be made in, on, or upon the premises without the consent and approval of LESSOR and concurrence of the Federal Highway Administration first had and obtained, in writing, under penalty of cancellation of tae agreement. 2 106 (4) No materials or supplies of any nature will be stored on the premises except as required in the daily operation of the facilities and then only if same are stored in a manner that obviates any fire hazard. All structures 'Located or constructed on the premises will be fireproof. The LESSEE shall, at its own expense, take out and keep in force during the within tenancy fire and other hazard insurance in a company or companies to be approved by the LESSOR to protect the highway structure against fire or other hazard damage resulting from any and every cause occurring in or about the premises and incident to the use of the premises, with a policy limit of not less than $100,000.00 for any one accident. LESSEE shall furnish the LESSOR a certificate of such insurance which shall obligate the insurance carrier to notify the LESSOR, in writing, not less than fifteen (15) days prior to can- cellation or material modification thereof. (5) The LESSEE shall, at its own expense, take out and keep in force during the within tenancy (a) public liability insurance, in a company or companies to be approved by the lessor to protect against any liability to the public incident to the use of, or resulting from injury to, or death of, any person occurring in, or about, the premises, in the amount of not less than $100,000.00, to indemnify against the claim of one person, and in the amount of not less than $200,000.00, against the claims of two or more persons resulting from any one accident; and (b) property damage or other insurance, in a company or companies to be approved by the LESSOR, to protect LESSEE and LESSOR against any and every liability incident to the use of or resulting from any and every cause occurring in or about the premises, including any and all liability of the LESSEE and LESSOR, for damages in the amount of not less than $50,000.00. Said policies shall inure to the contingent liabilities, if any, of the LESSEE and LESSOR and shall obligate the insurance carriers to notify LESSEE and LESSOR, in 3 X 107 r r m loom M M M m M r 108 writing, not less than fifteen (15) days prior to the cancellation thereof, or any other change affecting the coverage of the policies. If said policies contain anv exclusion concerning property in the care, custody, or control of the insured, an endorsement shall be attached thereto stating that such exclusion shall not apply with regard to any liability of the LESSEE and LESSOR. (6) The LESSEE agrees: (a) to pay all taxes.and assessments that may be legally assessed on LESSEE possessory interest, or on any improvements or equipment placed by LESSEE on said premises during the continuance of the tenancy hereby created; (b) to pay all charges for water furnished to the herein described premises through a meter to be contracted for by LESSEE if any; and (c) to pay all charges for electricity furnished or supplied to or upon any part of the premises, if any; and that said electricity shall enter said premises through a meter to be contracted for by the LESSEE. (7) No signs, displays or devices shall be erected on the premises designated in the agreement without approval of the LESSOR and the Federal Highway Administration as to type, number, size, location and design. (8) No vending of any kind or character shall be. conducted, permitted, or allowed upon the premises. (9) The LESSEE shall, at its sole expense, keep and maintain the premises free of all grass, weeds, debris, and inflammable materials of every description and at all times in an orderly, clean, safe, and sanitary condition. The area will be adequately lighted. The LESSEE also agrees not to permit hazardous or unreasonable objectionable smoke, fumes, vapor, or odors to rise above the grade line of the highway. (10) The LESSEE shall secure all necessary permits required in connection with operations on the premises and shall comply with all Federal, State and local statutes, 4 m 109 ordinances, or regulations which may affect, in any respect', LESSEE's use of the premises. (11) The LESSEE, at its own cost and expense, shall maintain said premises, including all driveways and fences and guard rails heretofore, or hereafter erected, provided that the LESSEE may at its expense install and maintain such additional entrances as may be required by its use of said premises, subject to the approval as to the location thereof by the LESSOR. LESSEE shall be liable to and shall reimburse the LESSOR for any damage to LESSOR -owned fences, guard rails, piers, or columns in any way resulting from or attributable to the use and occupancy of said premises by the LESSEE or any person entering upon the same with the consent of the LESSEE, expressed or implied. Proposed plans for driveways, surfacing and lighting shall be filed with and - approved by the'LESSOR prior to the commencement.of any work hereunder by the LESSEE. (12) When the commencement of any repair, painting, maintenance, safety or construction work on the highway or highway structures is anticipated by the LESSOR in reasonably sufficient time to notify the LESSEE so that it may take precautionary measures for the protection of persons and property on the premises, the LESSOR agrees to give written notice of same to the LESSEE stating the location and nature of anticipated work in reasonably sufficient time and detail that the LESSEE may take whatever precautionary measures it deems appropriate. Except when the LESSOR fails to comply with said notice requirement, the LESSEE agrees to occupy and use said premises at its own risk and expense and to save the LESSOR, its officers, agents, and employees, harmless from any and all claims for damage to property, or injury to, or death of, any _erson, entering upon same with the LESSEE'S consent, expressed, or implied. 3 (13) The LESSOR specifically reserves the right of entry by any authorized officer, engineer, employee, contractor, or agent of the LESSOR or the Federal Highway Administration for the purpose of inspecting said premises in connection with the protection, maintenance, painting, and operation of the freeway structures and its appurtenances; provided further, that the LESSOR reserves the further right at its discretion, to immediate possession of the same only in case of any national or other emergency, or for the purpose of preventing sabotage, and for the protection of said freeway structures, in which event the terms of this agreement shall be extended for a period equal to the emergency occupancy by LESSOR, and during said period LESSEE shall be relieved from the performance of any conditions or covenants specified herein (14) The LESSOR hereby covenants and agrees with'the LESSEE that the LESSEE, keeping and performing the covenants . and agreements herein contained on the part of the LESSEE to be kept and performed, shall at all times during . the said tenancy peaceably and quietly have, hold and enjoy the premises, without suit, trouble, or hindrance from the LESSOR; provided, however, and it is further agreed, that if the LESSEE shall not perform and fulfill each and every one of the conditions and covenants herein contained to be performed by said LESSEE; or if LESSEE discontinues use of each and every part of the premises for more than continuous period of one hundred eighty (180) days; or if the LESSEE attempts to sell or assign these premises without the written consent of the LESSOR said act or acts of omission or commission may at the option of LESSOR constitute a forfeiture of all rights under this agreement, and the further occupancy of said premises after such forfeiture by said LESSEE shall be deemed,-held and taken as a forcible detainer thereof by said LESSEE, and said LESSOR may without notice reenter and take possession -hereof, and with or without 'crce, and with or without 'legal process, evict and dispossess 0 i7 110 said LESSEE from said above premises; and if any suit be brought by the LESSOR against the LESSEE for breach of any condition or convenant herein contained by said LESSEE or any summary action be brought by said LESSOR for forfeiture of this agreement, or to recover possession of said premises, said LESSEE agrees to pay reasonable attorney's fees and costs for commencing and prosecuting said action of which shall be ascertained and fixed by the Court. (15) In the event of the termination of this agreement by the expiration thereof, or for any other reason, the LESSEE will peaceably and quietly leave, surrender, and.yield up to the LESSOR all LESSOR -owned premises in good order, condition, and repair, reasonable use and wear thereof, and damage by earthquake, fire, public calamity, by the elements, by act of God, or by circumstances over which the LESSEE has no control, excepted. Any improvements, signs, or appurtenances placed on LESSOR -owned premises pursuant to any provision hereof shall be removed by LESSEE upon the termination of the agreement and said premises shall be restored to their previous condition, all at the expense of the LESSEE: provided, that if any such improvements, signs or appurtenances are not so removed after thirty (30) days' written notice from the LESSOR to the LESSEE the LESSOR may proceed to remove the same and to restore the said premises, and the LESSEE shall pay the LESSOR upon demand, the reasonable cost and expense to it of such removal and restoration, or the LESSOR may, in its absolute discretion, elect to declare the same the property of the LESSOR whereupon all right, title and interest of the LESSEE therein shall forthwith terminate: (16) Time is the essence of each and'all of the terms and provisions, of this Agreement. (17) Notwithstanding anything herein contained to the contrary this Agreement :nay be terminated, and the provisions WA n 111 112 of this agreement may be altered, changed, or amended by mutual I consent of the parties hereto. (18) It is understood and agreed by and between the parties hereto that the LESSEE shall first obtain permission in writing from the LESSOR to install additional lighting facilities, if LESSEE desires such facilities. All lighting facilities shall be installed at LESSEE'S expense. (19) The terms and provisions of this agreement shall extend to and be binding upon and inure to the benefit of any successor or assignee of the LESSEE only upon written approval of the LESSOR and concurrence of the Federal Highway Administration. (20) The LESSEE for itself, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (1) no person on the ground of race, color, sex, national origin, or handicap, shall be excluded frcm participation in, denied'the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, or handicap, shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the LESSEE shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulation, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in, Federally- assisted programs of the Department of Transportation Effectuation of Title vI of the Civil Rights act of 1964, and as said Regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, the LESSOR shall have the right to terminate the lease and to reenter and repossess said land and T 9 113 the facilities thereon, and hold the same as if said lease had never been made or issued. (21) It is to be understood that the LESSOR by execution of this agreement with the LESSEE for the use'of this area as an ambulance center does not impair or relinquish the LESSOR's right to use such land for right of way purposes when it is required for the construction or reconstruction of the traffic facility for which it was acquired, nor shall use of the land as an ambulance center under such agreement ever be- construed as abandonment by the LESSOR of such land acquired for highway purposes. Executed on this /::Zitz day of 1984. ARKANSAS ATE HIG COMMISSIO , LES� Attest: City Clerk H'e - Graff / ' Director of Highways and Transportation CITY OF LITTLE ROCK, ARKANSAS, LESSEE By Mayor 0 ACKNOWLEDGMENT STATE OF ARKANSAS ) ) SS COUNTY OF PULASKI ) BE IT REMEM3ERED, that on this day came before the undersigned, a :rotary Public, within and for the County and State aforesaid, duly commissioned and acting, Henry Gray, to, me well known as the Director of Highways & Transportation, who stated that he had executed the foregoing instrument as Director for the consideration and purposes therein mentioned and set forth. WITNESS my hand and seal as such Notary Public on this /54 day of C SA 84 otary Public -- My Commission Expires: -/ 11Z1 91 10 114 ACKNOWLEDGMENT STATE OF ARKANSAS ) SS COUNTY OF PULASKI ) On this day of , 1984, before me a Notary Public, duly commissioned and acting within and for said County and State, appeared the within named and being the City Clerk and the Mayor, respectively, of Little Rock, Arkansas, to me well personally known, who stated that they were the City Clerk and Mayor of said Little Rock, Arkansas, and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and on the behalf of said City of Little Rock, and further stated acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of , 1984. My Commission Expires: r NOTARY PUBLIC 11 115 h i M M M m ow*= M M M ! M M M M M EXHIBIT B TO RESOLUTION NO. 7,279 LEASE This agreement made and entered into on the _ day of 19 , by and between the City of Little Rock, Lessor and the Little Rock Ambulance Authority, Lessee. WHEREAS, the City proposes to construct a building to house the Little Rock Ambulance Authority'on surplus right of way on the south side of 8th Street between Cross and Ringo Streets in Little Rock, Pulaski County, Arkansas, with access to 8th Street as shown on the plan sheet attached hereto. WITNESSETH: The LESSOR, for and in consideration of the sum of One Dollar ($1.00), undertakings of the LESSEE hereinafter contained, has leased and let, and by these presents does hereby lease and let unto LESSEE for the term, and for the purposes and on the conditions hereinafter contained, the following described real estate situated in Pulaski County, to -wit: Part of Block 288 and adjacent West Half of Ringo Street, Original City of Little Rock, Pulaski County, Arkansas, more particularly described as follows: Beginning at the point of intersection of the Centerline of Ringo Street with the extended North line of Block 288; thence in a Southerly direction along the Centerline of Ringo Street a distance of 122 feet more or less to a point on the Northerly Control of Access Line of I -630; thence in a Westerly direction along said Control of Access Line a distance of 182 feet to a point on the West line of the East Half of Block 288; thence in a Northerly direction along said West line a distance of 119 feet more or less to a point on the North line of Block 288; thence in an Easterly direction along the North line of Block 288 extended a distance of 180.02 feet to the point of beginning and containing 25,785 square feet more or less. To have and hold the same unto the said LESSEE for and during the term hereinafter provided and the conditions hereinafter expressed. Term of Lease. This lease shall be for a period of one (1) year, beginning on the day of , 1984, and ending on the 31st day of December, 2084. The lease shall be automatically renewable for one year terms for a period of 116 M mom 117 seventy -five (75) years, ending on the of 20 The The rent shall be One Dollar ($1.00) per year. THE PARTIES HERETO COVENANT AND AGREE AS FOLLOWS: (1) The premises shall be used during the tenancy., hereof exclusively for the purpose of housing the Little Rock Ambulance Authority offices, maintenance, area and equipment. The lease and all rights granted the LESSEE thereunder shall terminate with right of possession reverting to the LESSOR in the event that the use of the premises is changed. Vehicular access to the area described in this agreement directly from the established grade line of Intersection 630 is specifically ' prohibited. (2) The LESSEE is granted permission to install facilities for, and to operate on the premises, a gasoline supply' station; vehicles used or designed for the transportation of gasoline or petroleum products shall, be permitted on the premises;'bulk storage of gasoline or petroleum products shall be permitted on the premises. The LESSEE shall also be permitted to operate a liquid oxygen refilling system on the premises (not cascading system). In storing, maintaining, dispensing, and operating the materials enumerated in this paragraph, the LESSEE shall at all times comply with applicable safety rules, regulations, and statutes and shall act so as to minimiz.e'the risk of death, injury, or property damage due to fire, explosion, or other danger attendant to the materials. (3) No permanent improvements or alterations shall be made in, on, or upon the premises without the consent and approval of the LESSOR and concurrence of the Arkansas State Highway Commission and Federal Highway Administration first had and obtained, in writing, under penalty of cancellation of the agreement. (4) No materials or supplies of any nature will be stored on the premises except as required in the daily operation of the facilities and then only if same are stored in a manner that obviates any fire hazard. All structures located or 2 .. .. ... �.. .. .� .. ! .. 118 constructed on the premises will be fireproof. The LESSOR: shall, at its own expense, take out and keep in force during the within tenancy fire and other hazard insurance in a company or companies . to be approved by the LESSOR to protect the highway structure against fire or other hazard damage resulting from any and every cause occurring in or about the premises and incident to the use of the premises, with a policy limit of not less than $100,000.00 for any one accident. (5) The(LESSOR)shall, at its own expense, take out and keep in force during the within tenancy (a) public liability insurance, in a company or companies to be approved by the LESSOR to protect against any liability to the public incident to the use of, or resulting from injury to, or death of, any person occurring in, or about, the premises, in the amount of not less $200,000.00, against the claims of two or more persons resulting Jr from any one accident; and (b) property damage or other ff insurance, in a company or companies to be approved by the LESSOR, to protect LESSEE and LESSOR against any and every liability incident to the use of or resulting from any and every cause occurring in or about the premises, including any and all liability of the LESSEE and LESSOR, for damages in the amount of not less than $50,000.00. Said policies shall insure to the contingent liabilities, if any, of the LESSEE and LESSOR and shall obligate the insurance carriers to notify LESSEE and LESSOR, in writing, not less than fifteen (15) days prior to the cancellation thereof, or any other change affecting the coverage of the policies. If said policies contain any exclusion concerning property in the care, custody, or control of the insured, anlendorsement shall be attached thereto stating that such exclusion shall not apply with regard to any liability of the LESSEE and LESSOR. (6) The LESSEE agrees: (a) to pay all taxes and assessments that may be legally assessed on LESSEE possessory interest, or on any improvements or equipment placed by LESSEE on said premises during the continuance of the tenancy hereby 119 created; (b) to pay all charges for water furnished to the herein described premises through a meter to be contracted for by LESSEE if any; and (c) to pay all charged for electricity furnished or supplied to or upon any part of the premises, if, any; and that said electricity shall enter said premises through a meter to be contracted for by the LESSEE. (7) No signs, displays or devices shall be erected on the premises designated in the agreement without approval of the LESSOR and Arkansas State Highway Commission and Federal Highway Administration as to type, number, size, location and design. (8) No vending of any kind or character shall be conducted, permitted, or allowed upon the premises. u ` (9) The LESSEE shall, at its sole expense, keep and maintain the premises free of all grass, weeds, debris, and inflammable materials of every description and at all times in an orderly, clean, safe, and sanitary condition. The area will be adequately lighted. The LESSEE also agrees not to permit &�Y hazardous or unreasonable objectionable smoke, fumes, vapor, or odors to rise above the grade line of the highway. (10) The LESSEE shall secure all necessary permits required in connection with operations on the premises and shall comply with all Federal, State and local statutes, ordinances, or regulations which may affect, in any respect, LESSEE's use of the premises. (11) The LESSEE, at its own cost and expense, shall maintain said premises, including all driveways and fences and guard rails heretofore, or hereafter erected, provided that the LESSEE may at its expense install and maintain such additional entrances as may be required by its uses of said premises, subject to the approval as to the location thereof by the LESSOR. LESSEE shall be liable to and shall reimburse the LESSOR for any damage to fences, guard rails, piers, or columns in any way resulting from or attributable to the use and occupancy of said premises by the LESSEE or any person entering upon the same with the consent of the LESSEE, expressed, or d .. .. .. �.. .. .. .. ! .. .e .. .. 120 implied. Proposed plans for driveways, surfacing and lighting shall be filed with and approved by the LESSOR prior to the commencement of any work hereunder by the LESSEE. (12) When the commencement of any.repair, painting, maintenance, safety or construction work on the highway or highway structures is anticipated by the Arkansas State Highway Commission in reasonably sufficient time to notify the LESSEE so that it may take precautionary measures for the protection of persons and property on the premises, the Arkansas State Highway Commission agrees to give written notice of same to the LESSOR stating the location and nature'of anticipated work in reasonably sufficient time and detail that the LESSEE may take whatever precautionary measures it deems appropriate. Except when the Arkansas State Highway Commission fails to comply with said notice requirement, the LESSEE agrees to occupy and use said premiss at its own risk and expense. (13) The LESSOR specifically reserves the right of entry by any authorized officer, engineer, employee, contractor, or agent of the LESSOR, the Arkansas State Highway or the Federal Highway Administration for the purpose of inspecting said premises in connection with the protection, maintenance, painting, and operation of the freeway structures and its appurtenances; provided further, that the LESSOR reserves the further right at its discretion, to immediate possession of the same only in case of any national or other emergency, or for the purpose of preventing sabotage, and for the protection of said freeway structures, in which event the terms of this agreement shall be extended for a period equal to the emergency occupancy by LESSOR, and during said period LESSEE shall be relieved from the performance of any conditions or covenants specified herein. (14) The LESSOR hereby covenants and agrees with the LESSEE that the LESSEE, keeping and performing the covenants and agreements herein contained on the part of the LESSEE to be kept and performed, shall at all times during the said tenancy peaceably and quietly have, hold and enjoy the premises, without 5 .. .. .. .. .�.. .. .. ! .. .. ..� .. .. 121 suit, trouble, or hindrance from the LESSOR; provided, however, and it is further agreed, that if the LESSEE shall not perform and fulfill each and every one of the conditions and covenants herein contained to be performed by said LESSEE; or if LESSEE discontinues use of each and every part of the premises for more than continuous period of one hundred eighty (180) days; or, if, the LESSEE attempts to sell or assign these premises without the written consent of,the LESSOR said act or acts'of omission or commission may at the option of LESSOR constitute a forfeiture of all rights under this agreement, and the further occupancy of said premises after such forfeiture by said LESSEE shall be deemed, held and taken as a forcible detainer thereof by said LESSEE, and said LESSOR may without notice reenter and take possession thereof, and with or without force, and with or without legal process, evict and dispossess said LESSEE from said above premises; and if any suit be brought by the LESSOR against the LESSEE for breach of any condition or covenant herein contained by said LESSEE or any summary action be brought by said LESSOR for forfeiture of this agreement, or to recover possession of said premises, said LESSEE agrees to pay reasonable attorney's fees and costs for commencing and prosecuting said action of which shall be ascertained and fixed by the Court. (15) In the event of the termination of this agreement by the expiration thereof, or for any other reason, the LESSEE will peaceably and quietly leave, surrender, and yield up to the LESSOR all LESSOR -owned premises in good order, condition, and repair, reasonable use and war thereof, and damage by earthquake, fire, public calamity, by the elements, by act of God, or by circumstances over which the LESSEE has no control, excepted. Any improvements, signs, or appurtenances placed on LESSOR's premises pursuant to any provision hereof shall be removed by LESSEE upon the termination of the agreement and said premises shall be restored to their previous condition, all at the expense of the LESSEE; provided, that if any such improvements, signs or appurtenances are not so removed after thirty (30) days' written I 6 m .. .. .. .. ..�.. .. .. ! .. .. 122 notice from the LESSOR to the LESSEE the LESSOR may proceed to remove the same and to restore the said premises. (16) Time is the essence of each and all of the terms and provisions of this Agreement. (17) Notwithstanding anything herein contained to the contrary this Agreement may be terminated, and the provisions of this Agreement may be altered, changed, or amended by mutual consent of the parties hereto. (18) It is understood and agreed by and between the parties hereto that the LESSEE shall first obtain permission in writing from the LESSOR to install additional lighting facilities, if LESSEE desires such facilities. All lighting facilities shall be installed at LESSEE'S expense. (19) The terms and provisions of this agreement shall extend to and be binding upon an inure to the benefit of any successor or assignee of the LESSEE only upon written approval of the LESSOR and concurrence of the Arkansas State Highway Commission and the Federal Highway Administration. (20) The LESSEE for itself, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (1) no person on the ground of race, color, sex, national origin, or handicap, shall be excluded from participation in, denied the benefits of,'or be otherwise subjected to discrimination, in the use of said facilities, (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, or handicap, shall be excluded from participation in, denied the benefits, of, or otherwise subjected to discrimination, (3) that the LESSEE shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulation, Department of Transportation Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of Transportation Effectuation of Title VI of the 7 A 123 Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, the LESSOR shall have the right to terminate the lease and to reenter and repossess said land and the facilities thereon, and hold the same as if said lease had never been made or issued. Executed on this day of , 1984. CITY OF LITTLE ROCK, ARKANSAS, LESSOR BY: MAYOR LITTLE ROCK AMBULANCE AUTHORITY, LESSEE WIV ATTEST: CITY CLERK 8 ACKNOWLEDGMENT STATE OF ARKANSAS ) SS COUNTY OF PULASKI ) BE IT REMEMBERED, that on.this day came before the undersigned, a Notary Public, within and for the County and State aforesaid,.duly commissioned and acting, , to me well known as the Chairman of the Little Rock Ambulance Authority, who stated that he had executed the foregoing instrument as Director for the consideration and purposes therein mentioned and set forth. WITNESS my hand and seal as such Notary Public on this day of 1984. My Commission Expires: 01 NOTARY PUBLIC 124 STATE OF ARKANSAS ) ) SS COUNTY OF PULASKI ) On this day of , 1984, before me a Notary Public, duly commissioned and acting within and for said County and State, appeared the within named and being the City Clerk and the Mayor, respectively, of Little Rock, Arkansas, to me well personally known, who stated that they were the City Clerk and Mayor of said Little Rock, Arkansas, and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and on the behalf of said City of Little Rock, and further stated acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of , 1984. My Commission Expires: i1 7 10 NOTARY PUBLIC 125