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11817I 2 RESOLUTION NO. 11,817 3 A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY 4 CLERK TO AMEND AN EXISTING LEASE AGREEMENT WITH 5 THE ARKANSAS HIGHWAY AND TRANSPORTATION 6 DEPARTMENT (AHTD) AND FOR OTHER PURPOSES. 7 8 WHEREAS, on May 16, 1986, the City entered into a Lease Agreement with the 9 Arkansas Highway and Transportation Department (AHTD) to lease AHTD property 10 under the I -30 off -ramp bridge for public parking in the area of Commerce and 2nd 11 Street, and 12 WHEREAS, Central Arkansas Transit Authority (CATA) needs to place an 13 electrical transformer in the area covered by the aforementioned Lease to power the 14 electric River Rail Trolley system; 15 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF 16 THE CITY OF LITTLE ROCK, ARKANSAS: 17 Section 1. The Mayor and City Clerk are authorized to execute the attached 18 amendment to the lease agreement with AHTD which will release a portion of the 19 property leased to the City to allow CATA to place an electrical transformer on the 20 property for their use in connection with the River Rail Trolley system. 21 Section 2. Severability. In the event any title, section, paragraph, item, sentence, 22 clause, phrase, or word of this resolution is declared or adjudged to be invalid or 23 unconstitutional, such declaration or adjudication shall not affect the remaining 24 portions of the resolution which shall remain in full force and effect as if the portion so 25 declared or adjudged invalid or unconstitutional was not originally a part of the 26 resolution. [PAGE 1 of 4] Resolution To amend AHTD Lease 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Section 3. Repealer. All ordinances and resolutions inconsistent with this resolution are hereby repealed to the extent of such inconsistency. ADOPTED: August 17, 2004 ATTEST: N cy 'Wod7d, City Clerk APPROVED AS TO LEGAL FORM: /ti Thomas M. Carpenter, City Attorney H H H H H H H H H H H H H H Resolution To amend AHTD Lease APPROVED: Ji ailey, Mayor [PAGE 2 OF 4] I RELEASE 2 3 WHEREAS, the Arkansas State Highway Commission (Commission) did enter 4 into a Lease Agreement (Lease), dated May 16, 1986, with the City of Little Rock, 5 Arkansas, (City) wherein certain lands owned by the Commission were leased to the 6 City; and 7 WHEREAS, a portion of the lands leased to the City in the Lease is now needed 8 by the Central Arkansas Transit Authority (CATA) for a transformer location in 9 connection with the trolley system being constructed by CATA in Central Arkansas; 10 and 11 WHEREAS, the City has agreed to release the property needed by CATA for said 12 transformer site in consideration of the Commission granting to CATA an airspace 13 permit for the use of such released property by CATA as a transformer site; and 14 WHEREAS, the Commission has agreed to grant to CATA an Airspace Permit to 15 use such lands as a transformer site. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 NOW THEREFORE, for and in consideration of the mutual benefits inuring to each of the parties hereto, the receipt and sufficiency of which is hereby acknowledged, the City does hereby, release, convey, assign, set -over, quitclaim and deliver all of its right, title and interest in and to the following described lands which it may now have, or hereafter acquire by virtue of or under the terms of the Lease, said property to be released hereunder is described as follows: A parcel of land in Block 10, Pope's Addition to the City of Little Rock, Pulaski County, Arkansas, more particularly bounded and described as follows: Commencing at the NW corner of said Block 10, Pope's Addition, thence S 09 019'49" W 30.00 feet to a point, thence S 80 °40'11'E 18.00 feet to a point, thence N 09 019'49" E 30.00 feet to a point, thence N 80 °40'11" W 18.00 feet to the POB containing 540 sq. ft. Resolution To amend AHTD Lease [PAGE 3 OF 4] 1 2 3 4 5 6 7 . 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 01 r• 30 31 32 It is understood and agreed by the Commission and the City that all of the terms and conditions of the Lease remain in force and effect and this release covers only the above described lands, and none other, and all other lands covered by such Lease remain subject thereto. ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT in Dan Flowers Director of Highways and Transportation CITY OF LITTLE ROCK, ARKANSAS Jim Dailey, Mayor an Nancy Wood, City Clerk H H H H H H H H H Resolution To amend AHTD Lease [PAGE 4 OF 4] Date Date Date