18486.ORDINANCE NO. 18 , 486 16
2
3 AN ORDINANCE GRANTING A FRANCHISE TO THE
4 GEORGE W. DONAGHEY FOUNDATION FOR AIR RIGHTS
5 ABOVE 8TH STREET TO BE OCCUPIED BY A PARKING DECK
6 LOCATED BETWEEN MAIN STREET AND THE NORTH -
7 SOUTH ALLEY BETWEEN MAIN AND SCOTT STREETS;
8 RELOCATING SKYWALK "B" GRANTED IN LITTLE ROCK,
9 ARK. ORDINANCE NO. 18,364 (SEPTEMBER 26, 2000) TO A
10 POINT NEAR THE MIDDLE OF THE BLOCK ABOVE MAIN
11 STREET FOR SKYWALK PURPOSES; AUTHORIZING THE
12 CITY TO ENTER INTO A SKYWALKAGREEMENT WITH THE
13 GEORGEW. DONAGHEYFOUNDATION; AND FOR OTHER
14 PURPOSES.
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16 WHEREAS, the George W. Donaghey Foundation ( "Donaghey ") has under construction an
17 office building in downtown Little Rock adjacent to which Donaghey plans to construct a multi -story
18 parking structure, and
19 WHEREAS, Donaghey desires a franchise under this ordinance for percussion to construct a and.
20 operate a parking deck above 8111 Street east between Main and Scott Streets,
21 WHEREAS, on September 26, 2000, the Little Rock Board of Directors passed Little Rock
22 Ordinance No. 18,364 ( "LRO ") which granted franchises for skywalks to Donaghey, and
23 WHEREAS, Donaghey desires to relocate one of the skywalks (Skywalk "C ") from its original
24 franchise location in LRO 18,364 to a new location over Main Street, and
25 WHEREAS, the Little Rock Board of Directors desires to grant the franchises to Donaghey, its
26 successors and assigns, for so long as the skywalks and parking decks exist and as long as the grantee of
27 the franchises shall construct, operate, use and maintain the structures in compliance with City codes and
28 ordinances.
29 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE
30 CITY OF LITTLE ROCK, ARKANSAS:
31 Section 1. The Little Rock Board of Directors approves and grants a franchise to the George W.
32 Donaghey Foundation, its successors and assigns, in perpetuity, to use a portion of air space above 8th
33 Street east of Main Street in Little Rock, Arkansas ( "Parking Deck Franchise ") and above Main Street
34 between T" and 8' Streets ( "Skywalk No. 2 ").
[Page 1 of 31
i Srrf;nn 2 Parkin0 & Franchise is eranted for the nurposo construction, operation, use,
2 maintenance and repair of a parking deck over 8th Street which will connect with the Donaghey Plaza
3 South Building on the northwest comer of Main Street and 8th Street.
4 Section 3. The parking deck to be constructed over 8th Street within the Parking Deck Franchise
5 will be located 9 feet 8 inches ( +or -12 ") east of the right -of -way of Main Street and extending east along
6 V Street to a point which is 20 feet 4 inches ( +or— 12 ") west of the west right -of -way line of the
7 north /south alley between Main Street and Scott Street, for a total length of 110 feet ( +or— 12 "). This
8 franchise will span the entire 60 feet right -of -way width of 8th Street and shall be 16 feet 6 inches
9 minimum height above the crown of 8th Street. Parking Deck Franchise is more particularly described in
10 the architect's diagram attached hereto as "Attachment A."
11 Section4. The relocated enclosed skywalk over Main Street ( "SkywalkNo. 2 ") will be 8 feet 8
12 inches in width ( +or— 12 "), 10 feet 2 inches ( +or— 12 ") average height, 89 feet 7 inches ( +or— 12 ") in
13 length, located approximately in the middle of the block on Main Street between 7' Street and 8`s Street,
14 and which will have minimum height above the crown of the street of 16 feet 6 inches. Skywalk No. 2 is
15 more particularly described in the architects' diagram attached hereto as "Attachment B."
16 Section 5. One of the original skywalk franchises over Main Street granted by LRO 18,364
17 ( Skywalk "C" in that ordinance) is hereby abandoned to be relocated to the new Skywalk No. 2 location
18 specified in the previous section.
19 Section 6. The structures permitted by this franchise shall be constructed, operated, used and
20 maintained in compliance with City codes and ordinanms for the life of the franchise.
21 Section 7. The City Manager is hereby authorized to execute a Skywalk Agreement in a form to
22 be approved by the City Attorney in substantially the form attached to this ordinance as Attachment "C."
23 Section 8. The Grantee of these franchises shall provide thirty (30) days advance written notice
24 to the Little Rock City Manager of its intent to close to pedestrian traffic or otherwise discontinue the use
25 of the franchises granted by this ordinance.
26 Section9. The franchises granted by this ordinance shall not include the right to place fiber optic
27 cable or such other utilities within the public right -of -way that would otherwise require a separate
28 franchise agreement with the City.
29 Section 10. This ordinance shall be in full force and effect from and after its passage and it shall
A benefit and run in favor of future owners of the property and successors and assigns until such time as the
31 skywalk or the parking deck are demolished and removed.
32 Section 11. Severability. In the event any section, paragraph, item, sentence, clause, phrase, or
33 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or
34 adjudication shall not affect the remaining portions or the ordinance which shall remain in full force and
(Page 2 of 31
effect as if the portion so decd or adjudged invalid or unconstitutie was not originally part of the
2 ordinance.
3 Section 12. Repealer. All laws, ordinances, resolutions, or parts of the same, that are
4 inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency,
5 in particular LRO 18,364 (September 26, 2000).
6
7 PASSED: May 15, 2001
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to Nancy Wood City Clerk
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12 APPROVED AS TO LEGAL FORM:
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15 Thomas M. Carpenter, City A orney
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Jim Wiley, Mayor
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SKYWALK AGREEMENT
THIS AGREEMENT made and entered into this day of , 2001, by
and between THE GEORGE W. DONAGBEY FOUNDATION, Little Rock, Arkansas
and its successors and assigns ( "Donaghey "), and the CITY OF LITTLE ROCK,
ARKANSAS ( "City"):
WITNESSETH THAT, WHEREAS:
A. Donaghey owns certain tracts of land situated in the City of Little Rock,
Arkansas, described as follows:
Tract 1: Lots 5 and 6, Block 7, Original City of Little Rock;
Tract 2: Lots 7 and 8, Block 73, Original City of Little Rock;
Tract 3: Lots 7 -12, Block 72, Original City of Little Rock;
Tract 4: South one -half of Lot 3 and all of Lots 4 -6, Block 8,
Original City of Little Rock; and
Tract 5: Lots 1 and 2, Block 9, Original City of Little Rock.
B. Donaghey currently has under construction an office building on Tract 3
described above; Donaghey plans to construct on Tracts 4 and 5 a multi-story parking
structure; Donaghey currently owns and operates an existing building on Tract 2; Donaghey
plans to construct a pedestrian walkway at the second floor level across 7th Street between
Tracts 2 and 3 ( "Skywalk No. I") and across Main Street between Tracts 3 and 4 ( "Skywalk
No. 2 "), collectively the "Skywalks ".
C. The City desires that skywalks, as pedestrian walkways that extend over street
rights -of -way, should be part of the street and sidewalk system of the City, and as such, the
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City is prepared to expend the sum of $500,000 to construct the particular skywalks
identified in this agreement.
D. Donaghey has expressed its desire to construct the skywalks to include
additional features and amenities that would not otherwise be required if the City performed
the construction, and therefore, the City has appropriated $500,000 to be applied toward the
construction of the skywalks with Donaghey's agreement to pay the balance of the costs in
accordance with its plans.
E. Pursuant to legislation passed by the Board of Directors of the City of Little
Rock, Arkansas (the "City Board "), specifically Little Rock, Ark. Ordinance ( "LRO ") No.
18,364 (September 26, 2000); Resolution No.10,923 (November 8, 2000); LRO No. 18,444
(March 6, 2001); and LRO No. 18,486 (May 15, 2001), the City has:
1. Granted to Donaghey a franchise for Skywalk No. 1;
2. Granted to Donaghey a franchise for a Main Street skywalk,
originally located at the corner of 7th and Main and
subsequently relocated to the middle of the block between 7th
and 8th Streets, now Skywalk No -2;
3. Appropriated the sum of $500,000 to apply to the construction
of Skywalk No.l and Skywalk No.2; and
4. Authorized the City Manager to enter into an agreement with
Donaghey for the operation and maintenance of the two
Skywalks.
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NOW, THEREFORE, in consideration of the mutual covenants hereinafter
contained, it is hereby agreed by and between Donaghey and City, as follows:
1. As soon as reasonably possible, Donaghey shall cause the building under
construction on Tract 3 to be completed.
2. As soon as reasonably possible, Donaghey shall cause the multi-level parldng
structure to be constructed on Tracts 4 and 5.
3. As soon as reasonably possible, Donaghey shall cause the Skywalks 1 and 2
to be constructed in accordance with plans and specifications prepared by Donaghey's
architect.
4. The cost for construction of each Skywalk shall be borne as follows:
(a) City shall pay an amount up to the sum of $500,000 for:
the cost and expense of equipment and materials used or
furnished in connection with that portion of the Skywalks
over public right -of -way and for all fees and expenses of
contractors and material men necessary and incidental
thereto; for separate electrical service; for separate
heating, ventilating and air conditioning equipment, as
necessary (as determined by the architects or engineers
designing the Skywalks); for connections of electrical
service and heating, ventilating and air conditioning
equipment to each Skywalk; the cost of all insurance and
bonds necessary and incidental to the construction of
each Skywalk; and the cost, expense and fees of
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surveyors, engineers, architects, attorneys and similar
thud parties employed by Donaghey in connection with
the construction thereof .
(b) Donaghey shall bear all of the cost in 4. (a) above in
excess of $500,000 and shall bear the cost of
construction of the following portions of each Skywalk
to each building of which Donaghey is an owner:
Skywalk opening into such building; temporary closure,
if any, of such opening; finish treatment and sealing of
such opening; doors, if any, located at Donaghey's ends
of the Skywalk; structural supports, if any, for the
Skywalk necessary to connect such Skywalk to
Donaghey's building; and that portion of the Skywalk, if
any, over Donaghey's property, including, but not
limited to, the cost and expense of equipment and
materials, and the fees and expenses of the contractors
and material men necessary and incidental to the
construction of such portion of the Skywalk.
(c) City shall pay to Donaghey its share of the cost of the
Skywalk project in installments as work progresses
within fifteen (15) days of being invoiced by Donaghey
with appropriate supporting documentation verifying
that the cost has been incurred.
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5. Donaghey, its successors and assigns, shall be responsible to City to operate,
maintain and repair each Skywalk, its parts and related equipment, in conformance with
minimum City code standards for operation, maintenance and repair for safety consistent
with the operation of a quality office building. This responsibility shall include, but not be
limited to:
(a) Operation, maintenance and all repair of the structural,
electrical, heating, ventilating, air conditioning and
drainage facilities in and servicing the Skywalk;
(b) Keeping and maintaining the Skywalk and its parts in
repair , including, but not limited to, polishing, roof
maintenance, repainting, light bulb replacement, light
fixture cleaning and replacement of damaged glass in
windows; and
(c) Keeping the Skywalk reasonably clean and free of litter
and debris.
6. Donaghey, and its designees, shall have the right to enter or access each
Skywalk for which it is responsible for operation, maintenance and repair, for the purposes
of providing such operation, maintenance and repair. Donaghey may install and maintain
such directional signs and identifying signs as it may deem necessary and proper .
7. Donaghey, its tenants and invitees, shall have the right to use the Skywalks
for pedestrian access between the buildings and parking structure on Tracts 2, 3 and 4.
Donaghey shall be permitted to prevent public access to the Skywalks during those times of
day, and on such days of the year, as ordinary business is not being conducted in Donaghey
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premises or at such times of day, and on such days of each year, as the buildings or parking
deck are generally locked for security purposes.
8. Donaghey shall furnish and maintain public liability insurance coverage with
a duly licensed insurance company for each Skywalk covered by this Agreement. City shall
be designated as an additional insured on such policies. Such policies shall contain at least
the following minimum coverages:
(1) For personal injuries, including death, $1,000,000 for
each occurrence, and
(2) For property damage, $500,000 in any single accident.
Donaghey shall furnish and maintain casualty insurance
with a duly licensed insurance company for each
Skywalk covered by this Agreement. Such casualty
insurance shall have an all risk form of physical loss
coverage in an amount sufficient to rebuild the Skywalk.
City shall be designated as an additional insured on such
policy.
(3) Donaghey shall file proof of such insurance with the City
Clerk immediately upon completion of construction.
9. In the event either Skywalk is not adequately operated, maintained or
repaired in accordance with the minimum City code standards provided in this Agreement
and such deficiency is not remedied within sixty (60) days after written demand thereof by
City served upon Donaghey, City may provide such operation, maintenance or repair and
assess the cost of performing such operation, maintenance or repair against Donaghey upon
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reasonable notice. City shall have the right to collect such cost against Donaghey as
provided by law.
10. In the event that either Skywalk shall for any reason be removed, all cost of
such removal shall be paid by Donaghey, its successors or assigns. Upon the demolition of
either Skywalk, this Agreement shall be terminated for the respective Skywalk unless the
parties mutually agree upon an extension or new agreement.
11. During the duration of this Agreement, each Skywalk shall be owned by the
City and shall be considered part of the public right -of -way. Nothing in this Agreement shall
be construed to hold the City liable, in whole or in part, for any taxes levied or assessed
against Donaghey's property connected to the Skywalks.
12. Except for the provisions of paragraph 13, this Agreement does not apply to
the Skywalks previously constructed and owned by Donaghey between Tracts 1 and 2 and
between Tract I and the original Donaghey Building at the southeast comer of 7th and
Main Streets.
13. This agreement shall not be construed to permit Donaghey to place or allow
the placement of fiber optic cables or other utilities that would otherwise require a separate
franchise agreement with the City within the public rights -of way.
14. If at any time it is necessary to give any notice under the terms of this
Agreement to any party hereto, such notice shall be deemed to have been given or served on
the date the same is deposited in the United States Mail, registered or certified, postage pre-
paid, addressed as follows:
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If to City: City of Little Rock
Attn: City Manager
City Hall, Suite 203
500 West Markham
Little Rock, Arkansas 72201
With a copy to: Little Rock City Attorney
City Hall, Suite 310
500 West Markham
Little Rock, Arkansas 72201
If to Donaghey: The George W. Donaghey Foundation
c/o Barnes, Quinn, Flake & Anderson, Inc.
Post Office Box 3546
Little Rock, Arkansas 72203
With Copy to: Mr. Philip S. Anderson, Secretary
The George W. Donaghey Foundation
c/o Williams & Anderson
22nd Floor, 111 Center Street
Little Rock, Arkansas 72201
With Copy to: Arkansas Teacher Retirement System
Attn: Director
1400 West 3rd Street
Little Rock, Arkansas 72201
With Copy to: Arkansas State Building Services
Attn: Director
1515 West 7th Street, Suite 700
Little Rock, Arkansas 72201
Any parry hereto may change the address or addresses to which notice is to be given
to it by giving written notice thereof to the other party not less than thirty (30) days prior to
the effective date of change.
15. If for any reason City or Donaghey deems that the other party is in default
under any of the provisions of this Agreement, it shall give written notice of such claimed
default to the other party, setting forth in detail the claimed default, after which time the
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party claimed to be in default shall have thirty (30) days from the date of receipt of such
written notice to cure any claimed default. Notwithstanding the fact that any such default is
not completely cured within thirty (30) days, neither parry hereto shall be deemed to be in
default if action to cure any default is commenced within thirty (30) days and thereafter
such actions and efforts continue with diligence to a conclusion.
16. The provisions of this Agreement shall be binding upon, and shall inure to the
benefit of, the parties hereto and their respective successors and assigns, it being the intent of
the parties that the Agreement shall run with the land. In the event that Donaghey conveys
all or part of its ownership interest in Tracts 2, 3 and 4, Donaghey's obligations to City, as
applicable to the respective Tract conveyed, shall terminate upon such conveyance.
17. This Agreement shall be recorded or, upon mutual agreement of City and
Donaghey, may be evidenced by a Memorandum of Skywalk Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed as of the day and year first above written.
Attest:
By:
Phillip S. Anderson, Secretary
Attest:
By:
Nancy Wood, City Clerk
in
THE GEORGE W. DONAGHEY
FOUNDATION
By:
J. French Hill, President
CITY OF LITTLE ROCK
By:
Cy Carney, City Manager
0 ATTACHMENT "C" 0
party claimed to be in default shall have thirty (30) days from the date of receipt of such
written notice to cure any claimed default. Notwithstanding the fact that any such default is
not completely cured within thirty (30) days, neither party hereto shall be deemed to be in
default if action to cure any default is commenced within thirty (30) days and thereafter
such actions and efforts continue with diligence to a conclusion.
16. The provisions of this Agreement shall be binding upon, and shall inure to the
benefit of, the parties hereto and their respective successors and assigns, it being the intent of
the parties that the Agreement shall run with the land. In the event that Donaghey conveys
all or part of its ownership interest in Tracts 2, 3 and 4, Donaghey's obligations to City, as
applicable to the respective Tract conveyed, shall terminate upon such conveyance.
17. This Agreement shall be recorded or, upon mutual agreement of City and
Donaghey, may be evidenced by a Memorandum of Skywalk Agreement, attached hereto as
Exhibit "A."
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed as of the day and year first above written.
Attest:
By:
Phillip S. Anderson, Secretary
Attest:
By: - --
NAncy VYooa, City Clerk
la
THE GEORGE W. DONAGHEY
FOUNDATION
By:
J. French Bill, President
CITY OF LITTLE ROCK
By:
Cy Carney, City Manager
ATTACHMENT "C"
parry claimed to be in default shall have thirty (30) days from the date of receipt of such
written notice to cure any claimed default. Notwithstanding the fact that any such default is
not completely cured within thirty (30) days, neither party hereto shall be deemed to be in
default if action to cure any default is commenced within thirty (30) days and thereafter
such actions and efforts continue with diligence to a conclusion.
16. The provisions of this Agreement shall be binding upon, and shall inure to the
benefit of, the parties hereto and their respective successors and assigns, it being the intent of
the parties that the Agreement shall run with the land. In the event that Donaghey conveys
all or part of its ownership interest in Tracts 2, 3 and 4, Donaghey's obligations to City, as
applicable to the respective Tract conveyed, shall terminate upon such conveyance.
17. This Agreement shall be recorded or, upon mutual agreement of City and
Donaghey, may be evidenced by a Memorandum of Skywalk Agreement, attached hereto as
Exhibit "A."
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed as of the day and year first above written.
Attest:
By:
Attest:
By:
Phillip S. Anderson, Secretary
Nancy V r000, City Clerk
0
THE GEORGE W. DONAGHEY
FOUNDATION
By:
J. French Hill, President
CITY OF LITTLE ROCK
By:
Cy Carney, City Manager