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