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RESOLUTION NO.
A RESOLUTION
RIGHT, TITLE
THAT CERTAIN
1978, BY AND
ARKANSAS AND
ASSOCIATION,
HEREINBELOW.
= is = =
8,422
CONSENTING TO THE ASSIGNMENT OF ALL
AND INTEREST OF THE LESSEE UNDER
LEASE AGREEMENT DATED AUGUST 10,
BETWEEN THE CITY OF LITTLE ROCK,
PULASKI FEDERAL SAVINGS AND LOAN
AS MORE PARTICULARLY DESCRIBED
490
WHEREAS, the City of Little Rock, Arkansas, as the Lessor
(the "Lessor ") and Pulaski Federal Savings and Loan Association,
now known as Savers Federal Savings and Loan Association
( "Savers "), as Lessee, entered into a certain Lease and Agreement
dated August 10, 1978 which is now of record in the records of
Pulaski County, Arkansas as Instrument No. 78- 32708, and which has
been corrected, amended and substituted by Instrument Nos.
78- 46244, 79- 03865, 80- 19054, 80- 29035, and 80 -31418 (the said
Lease and Agreement and all other instruments described in this
paragraph being hereafter referred to, collectively, as "the
Lease "); and
WHEREAS, Savers, through an instrument recorded as
Instrument No. 90 -59081 assigned all of its right, title and
interest in the Lease to Savers Savings Association ( "Savings ")
which, in turn and through the same instrument last described,
assigned all of its right, title and interest in the Lease to
S.A.M. Limited Partnership, an Arkansas Limited Partnership
("S.A.M. "); and
WHEREAS, S.A.M. now desires to transfer and assign all of
S.A.M.'s right, title and interest in the Lease to Arkansas Blue
Cross and Blue Shield, a Mutual Insurance Company; and
WHEREAS, the Lease provides that the City of Little Rock
must consent, in writing, to assignments of the Lease and further
provides that said consent shall not be unreasonably withheld.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of
the City of Little Rock, Arkansas:
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silo
491
SECTION 1. The City of Little Rock, Arkansas hereby
ratifies, confirms, consents and agrees to the assignment of the
Lease by Savers to Savings and also ratifies, confirms, consents
and agrees to the assignment to Savings to S.A.M., all as
reflected in the said Instrument No. 90- 59081, a copy of which is
attached hereto and made a part hereof.
SECTION 2. The City of Little Rock, Arkansas hereby
consents and agrees to the assignment of the Lease from S.A.M. to
Arkansas Blue Cross and Blue Shield, A Mutual Insurance Company.
A copy of the proposed assignment is attached hereto and made a
part hereof.
SECTION 3. The Mayor (or any Assistant Mayor) and the City
Clerk (or any Assistant City Clerk) be, and they are hereby,
authorized and directed to execute and deliver an instrument in
writing evidencing the consent of the City of Little Rock to the
above described assignments of the Lease, all as hereinabove
approved.
ADOPTED: December26, 1990
ATTEST:
APPROVED:
CA 'Y CLERK JARE CZECH MAYOR 'FL ID G. VILLINES, II
APPROVED AS T FORM:
zz;z
MARK STODOLA, CITY ATTORNEY
r
ASSIGNMENT OF CITY LEASE
4.92
THIS ASSIGNMENT is made this day of December, 1990,
from S.A.M. LIMITED PARTNERSHIP, an Aransas limited partnership
(the "Assignor "), having a notice address in care of Strauss
Distributors of Monroe, Post Office Box 6058, Monroe, Louisiana
71203, to ARKANSAS BLUE CROSS AND BLUE SHIELD, a Mutual Insurance
Company, (the "Assignee ") having a notice address of Sixth and
Gaines Streets, Little Rock, Arkansas 72201.
W I T N E S S E T H:
WHEREAS, the City of Little Rock, Arkansas, as the lessor
(the "Lessor "), and Pulaski Federal Savings & Loan Association, as
the lessee, entered into a certain Lease and Agreement dated
August lo, 1978 recorded on August 11, 1978 in the records of
Pulaski County, Arkansas,. as Instrument Number 78- 32708, as
corrected by Correction Lease and Agreement recorded on November
161 1978 in the records of Pulaski County, Arkansas as Instrument
Number 78- 46244, as amended by Amended and Substituted Lease and
Agreement, recorded on January 29, 1979 in the records of Pulaski
County, Arkansas, as Instrument Number 79- 03865, as amended by
Amendment to Amended and Substituted Lease and Agreement recorded
on May 1, 1980 in the records of Pulaski County, Arkansas as
Instrument Number 80 -19054 and rerecorded on July 9, 1989 as
Instrument Number 80- 29035, as amended by Certificate and
Agreement of the City of Little Rock recorded on July 25, 1980 in
the records of Pulaski County, Arkansas as Instrument Number
80 -31418 (the said Lease and Agreement and all other instruments
described in this paragraph are hereafter referred to,
collectively, as "the Lease ") relating to certain air space rights
more particularly described at Exhibit "A ", attached as a part
hereof (the "Leased Premises "); and
WHEREAS, Pulaski Federal Savings and Loan Association
subsequently became Savers Federal Savings and Loan Association
( "Savers ") and all of Savers' right, title and interest in the
Lease is, by virtue of an assignment recorded as Instrument No.
90- 59081, vested in Assignor; and
WHEREAS, Assignor desires to transfer all of Assignor's
right, title and interest in the Lease to the Assignee by means of
this Assignment and the Assignee desires to assume all of the
rights and certain of the obligations of Assignor under the Lease.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained and other good and valuable consideration, the
receipt and adequacy of which are hereby acknowledged, it is
agreed as follows:
1. Assignment. Assignor hereby assigns to Assignee all of
Assignor's right, title and interest in and to the Lease.
2. Assumption. Effective as of this date, the Assignee
assumes the Lease and agrees to perform all of the covenants and
conditions contained in the Lease to be performed by Assignor as
though the Assignee were the original lessee under the Lease. The
Assignee agrees to defend, indemnify and hold Assignor harmless
for all damages, liabilities, costs and expenses (including
reasonable attorneys' fees and other litigation expenses) arising
directly or indirectly from claims relating to the Lease and the
MW
493
Leased Premises. It is specifically understood that nothing
herein contained will create an obligation which is performable
by the Assignee except with respect to failure of the Assignee, on
and after this date, to perform all of the obligations of the
Lessee under the Lease.
3. Binding Effect. This Assignment will be binding on and
will inure to the benefit of the successors and assigns of the
Assignor and of the Assignee.
IN WITNESS WHEREOF, this instrument has been executed and
delivered on the dates hereafter indicated, to be effective on the
date first above written.
ASSIGNOR:
S.A.M. LIMITED PARTNERSHIP, an
Arkansas limited partnership
BY:
Date Executed:
ASSIGNEE:
ARKANSAS BLUE CROSS AND BLUE
SHIELD, a Mutual Insurance Company
BY:
Date Executed:
CONSENT OF CITY OF LITTLE ROCK
The City of Little Rock, Arkansas, pursuant to authority
contained in Resolution No. , adopted December , 1990,
hereby consents in writing to a assignment of all right, title
and interest of the Lessee the Lease to Savers Savings
Association ( "Savings") as reflected in Instrument No. 90 -59081 in
the Pulaski County, Arkansas records and further consents to the
assignment of all right, title and interest in the Lease of
Savings to S.A.M. Limited Partnership, an Arkansas Limited
Partnership, as also reflected in the last described instrument.
Further, the City of Little Rock, Arkansas hereby consents
to the assignment of all right, title and interest of S.A.M.
Limited Partnership in the Lease to Arkansas Blue Cross and Blue
Shield, a Mutual Insurance Company.
Dated this _ day of December, 1990.
CITY OF LITTLE ROCK, ARKANSAS
BY:
BY:
City Clerk
NIL-
0�
STATE OF ARKANSAS)
) ss:
COUNTY OF PULASKI)
ACKNOWLEDGMENT
494
On this the day of December, 1990, before me,
the undersigned officer, personally
appeared au in z who acknowledged himself to be the General
Partner of S.A.M. Limited Partnership, and that he, as such
General Partner being authorized so to do, executed the foregoing
instrument for the purposes therein contained, by signing the name
of S.A.M. Limited Partnership, by himself as the General Partner.
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal.
Notary Public
My Commission Expires:
S
STATE OF ARKANSAS
ss
COUNTY OF PULASKI
On this day before me, the undersigned officer, personally
appeared to me personally well known,
who acknow a ge imse o e e of Arkansas
Blue Cross and Blue Shield, a Mutual Insurance Company, and that
he, as such officer, being authorized by proper resolution of its
Board of Directors, had executed the foregoing instrument for the
consideration and purposes therein contained by signing the name
of the Company by himself as such officer.
WITNESS my hand and official seal this _ day of December,
1990.
Notary Public
ACKNOWLEDGMENT
STATE OF ARKANSAS)
) ss
COUNTY OF PULASKI)--
On this day before me, the undersigned officer,
personally appeared and ,
to me personally well known, wh-o--a-OdTowledged themselves to Be
the Mayor and City Clerk, respectively, of the City of Little
Rock, Arkansas, and that they, as such officials, being
authorized by proper resolution of its Board of Directors, had
executed the foregoing instrument for the consideration and
495
purposes therein contained by signing the name of the City by
themselves as such officers.
WITNESS my hand and official seal this day of
December, 1990.
Notary Public
My Commission Expires:
M = I M
EXHIBIT "A"
PARCEL A
Certain airspace beginning 14 feet 6 inches above
existing pavement on the following described property
located West of Lot 5, Block 95, Original City, Little
Rock, Arkansas: Beginning at the Southwest Corner of Lot
6, Block 95, Original City, Little Rock, Arkansas; thence
North 6 degrees 48 minutes 24 seconds East 63.4 feet to
the point of beginning; thence North 83 degrees 14
minutes 41 seconds West 60 feet; thence North 6 degrees
48 minutes 24 seconds East 19.0 feet; thence South 83
degrees 14 minutes 41 -seconds East 60 feet; thence South
6 degrees 48 minutes 24 seconds West 19.0 feet to the
point of beginning.
PARCEL B
All that certain airspace beginning 15, above
existing pavement on the following described property
located North of Lot 1, Block 95, Original City, Little
Rock, Arkansas:
Beginning at the Northeast corner of Lot 1, Block
95, Original City, Little Rock, Arkansas; thence N
83'14111 "W 30' to the point of beginning; thence N
83'14'11 "W 161; thence N 6'48124 "E 601; thence S
83'14111 "E 161; thence S 6'48124 "W 60, to the point of
beginning.
PARCEL C
All that certain airspace beginning 1317" above
existing pavement on the following described property
located in Block 96, Original City of Little Rock,
Arkansas.
Beginning at the Southeast corner of Lot 6, Block
96, Original City; then N 6'48107 "E 120.01; then S
83'14141 "E 20.01; thence S 6'48107 "N 120.01; thence N
83'14111 "W 20.0' to the point of beginning.
HM