Loading...
15026J = M M M A 7 10 v a r en H 0 s 0j IM 3 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 28 29 30 31 32 33 34 35 36 ORDINANCE NO. 15,026 442 AN ORDINANCE AMENDING PREVIOUSLY ADOPTED ORDINANCE NO. 14,974 ADOPTED OCTOBER 18, 1985, APPROVING A LEASE AGREEMENT BETWEEN METROCENTRE IMPROVEMENT DISTRICT NO. 1 AND THE CITY OF LITTLE ROCK, ARKANSAS; AND FOR OTHER PURPOSES. WHEREAS, the Board of Directors of the City of Little Rock, Arkansas, has previously adopted Ordinance No. 14,974 on October 18, 1985, ( "Ordinance No. 14,974 ") which among other matters approved a Lease Agreement between Metrocentre Improvement District No. 1 of the City of Little Rock, Arkansas ( "Metrocentre ") and the -City of Little Rock, Arkansas (the "Lease Agreement "); and WHEREAS, "Metrocentre" and the City of Little Rock, Arkansas are desirous of making certain amendments to the Lease Agreement, and to authorize its execution by appropriate City officials and its delivery to Metrocentre. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. Section 1(e), Section 5(b), and Section 28 of previously adopted Ordinance No. 14,974 of the City of Little Rock, Arkansas is hereby amended to read as follows: 1. Definitions. ...(e) "Debt Service" shall be the amounts required to be paid by Lessee into the Bond Fund and the Special Redemption Fund pursuant to the terms of the Trust Indenture relating to Lessee's Special Assessment and Revenue Refunding and Improvement Bonds dated November 15, 1985; and 5. Rent. ... (b) Payment of Basic Rent. Basic Rent shall be payable with other parking deck operation and maintenance expenses, that is, the flow of funds will be, first, to payments required to be made into the Bond Fund and, second, M 1 2 3 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 i M M = M = M Is 6 M M M r M to operation and maintenance of the parking deck, including the $20,000 Basic Rent, which shall be made prior to any payments made into the Special Redemption Fund. 28. Covenants Running with the Land. Lessor and Lessee acknowledge the covenants running with the land contained in a Special Warranty Deed dated October 27, 1978, by and between the Housing Authority of the City of Little Rock, Arkansas and the City of Little Rock, Arkansas as further referenced in a certain Memorandum of Agreement also entered into between the Housing Authority of the City of Little Rock, Arkansas and the City of Little Rock, Arkansas, and concurred in by the United States Department of Housing and Urban Development dated September 8, 1978. Further, Lessor and Lessee agree that all rentals and payments received under this Lease Agreement will be applied or used in a manner consistent and appropriate thereto. Except as amended hereby the Lease Agreement set forth in Section 2 of Ordinance No. 14,974 is as set forth therein. SECTION 2. That the Mayor and City Clerk be and they are hereby authorized to execute the Lease Agreement as amended herein and deliver the same to Metrocentre for its execution. SECTION 3. That all laws and parts of laws inconsistent herewith are hereby repealed. SECTION 4. Declaring an Emergency. The Mayor and City Clerk are required to execute the Lease Agreement immediately so as to facilitate the financing arrangements involved in the aforementioned agreement. It is, therefore, declared that an emergency exists, and this Ordinance, being necessary for the preservation of the public welfare, peace, health and safety, shall take effect and be in force from and after the date of its passage. PASSED: December 17, 1985 ATx%T : CLERK JAVE CZECH , CITY ATTORNEY APPROVED MAYOR THOMAS A. PRINCE 443