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ORDINANCE NO. 12,440
AN ORDINANCE AUTHORIZING A LEASE AGREEMENT
BETWEEN THE CITY OF LITTLE ROCK AND THE
ARKANSAS STATE HIGHWAY COMMISSION FOR RIGHT -
OF -WAY LANDS AT THE MARKHAM STREET INTERCHANGE;
APPROPRIATING THE SUM OF $2,966.00 FROM THE
STREET FUNDS OF THE CITY TO MAKE IMPROVEMENTS
ON SAID LEASED PREMISES; AND FOR OTHER PURPOSES
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS.
SECTION 1. The Mayor and City Clerk are hereby authorized
to enter into a Lease Agreement for and on behalf of the City of
Little Rock as Lessee and the Arkansas State Highway Commission
as Lessor providing for the lease by the City of certain areas
of land situated in the right -of -way of Interstate No. 30 at the
Markham Street Interchange to be used, controlled and regulated
by the City of Little Rock for the purpose of providing off
street vehicular parking. Said Lease Agreement is in form and
substance as follows:
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SECTION 2. There is hereby appropriated from the unexpended
balance of the Street Fund the sum of $2,966.00 to be used for
the purpose of improving by paving the portion of the lands co-
vered by the Lease and identified as Area No. 1, enclosing under
fence the premises described as Area No. 2 and paying the premium
for liability insurance to operate said lands for the purpose of
providing off street vehicular parking.
SECTION 3. This Ordinance shall be in full force and effect
from and after its passage.
PASSED: February 1, 1971
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ATTEST : APPROVED :
City Cler Assistant Mayor
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This agreement made and entered into on the day of
19 , by and between the Arkansas State Highway
Commission" f /hereinafter referred to as the LESSOR and The City of Little Rock,
Arkansasp hereinafter referred to as the LESSEE.
WHEREAS, the LESSOR has indicated its willingness to approve the establish-
ment of parking facilities underneath and adjacent to the Markham Street Interchange,
Interstate 30, in The City of Little Rock, Arkansas, located between Missouri
Pacific Railroad Right of Wayti'to Second Street and Collins Street to Commerce
Street, as indicated on print attached hereto marked Exhibit "A ".
WITNESSETH:
The Lessor, for and in consideration of the Sum of One Dollar ($1.00)9.
undertakings of the Lesse° 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, as shown -on plans entitled "Proposed
Parking Facilities at Markham Street Interchange (I -30), marked "Exhibit B ",
to -wit:
Area #1 -
The North Half of Block 10, Popes's Addition to the City
more
of Little Rock, Pulaski County, ,Arkansas, particularly
Parcel #,1
described as follows:
- Begin at the Northeast Corner of Lot 6, Block 10,• Pope's•
Addition, also the Corner of Sherman and Second Streets,
thence South 90 14' 'Nest along East line o� f Block 10 a distance
150.0 feet, thence North 801 46' Wpst a distance of 134 feet
203 feet
more or less, thence North 320 33' West a distance of
from to
more or less, said line being 10 feet and parallel
existing Railroad Track, thence South 800 46' East along the
North line of Block 10 a distance of 268 feet more or less
to the point of beginning.
of Lot 7, Block 10, Popes's
Parcel #2
- Start at the Northwest corner
the of Commerce and Second Streets,
Addition, also corner
thence South 90 14' West along West line of Lots a distance
of 11.0 feet to the point of beginning,
East a distance of 165 feet more or less, said line being
10 feet from and parallel to existing Railroad Track, thence
North 800 46' West 'a distance of 110 feet more or less, to the
West line of Block 10, Pope's Addition, thence North 90 14'
East along said Block line a distance of 123 feet more -or less
Area #2 -
to the point of beginning.
A of Block 5, Pope's Addition to the City of Little-Rock,
part
Pulaski County, ,Arkansas, more particularly described as
follows:
Start at the Northwest Corner of Block 5, thence South 800
38' East 36.0 feet along the North line of said Block to
a point of beginning, thence continue South 800 38' East a
distance of 60.0 feet. thence South 50 22' West a distance
of 280.0 feet to a point, thence,,North 80° 38' West a distance
of 40.0 feet, thence North 230 22' West a distance of 41.5
the
feet: thence North 50,22' East a distance of 245.0 feet to
point of beginning.
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the . day of , 19 ; provided however,
that either party shall have the right to terminate said lease upon giving
thirty (30) days' written notice to the other party,
2. Lessee shall have the option of renewal of this lease for a like term
and at the same consideration upon giving written notice of its intention so to
do no later than sixty (60) days prior to the expiration of the term of this lease.
3. Together with the appurtenances, fixtures, rights, privileges, and ease -
ments thereunto: belonging or appertainind,..EXCEPTING THEREFROM that portion of
the described land occupied or to be occupied by the supports and foundations of
the elevated highway,' including possible expansion in the forseeable future, all the
air space above said elevated highway structure and the air space below said
elevated highway structure to a plane eight (8) feet below the underside of
said elevated highway where said air space is not occupied by light fixtures approved
by the LESSOR, provided that no light fixture on a pole may extend closer than two
(2) feet to the underside or soffit of said elevated highway structure shown on
the plans attached - hereto, and provided that use of air 'space by vehicles may
be permitted within the 8 foot clearance area below the structure where appropriate.
THE PARTIES HERETO COVENANT AND AGREE AS FOLLOWS:
s.
(1) The premises shall be used during the tenancy hereof exclusively for
the purpose of parking lot for motor vahicles. Wrecked vehicles shall not be
parked or stored thereon. Vehicular access to the area described in this agree-
ment directly from the established grade line of the highway is specifically
prohibited.
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Area #3
- A part of Block No. 1 Russells Addition to the City of
Little Rock, Pulaski Cou.ntyt Arkansas More particularly
described as follows:
Beginning at the Southeast Corner of Block No. It Russells
Addition, thence North 870 44' West 293.1 feet; thence
Northwesterly along East edge of abutment of I -30 bridge
across the Arkansas River a distance of 144.0 feet more
or less, thence South 800 38' East a distance of 50.0 feet,
thence -South 770 47' East a distance of 45.45 feet, thence
South 680 48' East a distance of 81.83 feet to a point; thence
South 590 28' East a distance of 62,g feet, thence South 500
23' East a distance of 49.94 feet; thence South 850 32' East
a distance of 10.27 feet, thence South 500 13' East a distance
of 62.07 feet to the point of beginning.
To have
and to hold the same Unto the said Lessee for and during the term here-
inafter provided
and the conditions hereinafter expressed.
1. Term
of Lease. This lease shall be for a term of one (1) year, begin-
ning on the
day of , 19 , and ending on
the . day of , 19 ; provided however,
that either party shall have the right to terminate said lease upon giving
thirty (30) days' written notice to the other party,
2. Lessee shall have the option of renewal of this lease for a like term
and at the same consideration upon giving written notice of its intention so to
do no later than sixty (60) days prior to the expiration of the term of this lease.
3. Together with the appurtenances, fixtures, rights, privileges, and ease -
ments thereunto: belonging or appertainind,..EXCEPTING THEREFROM that portion of
the described land occupied or to be occupied by the supports and foundations of
the elevated highway,' including possible expansion in the forseeable future, all the
air space above said elevated highway structure and the air space below said
elevated highway structure to a plane eight (8) feet below the underside of
said elevated highway where said air space is not occupied by light fixtures approved
by the LESSOR, provided that no light fixture on a pole may extend closer than two
(2) feet to the underside or soffit of said elevated highway structure shown on
the plans attached - hereto, and provided that use of air 'space by vehicles may
be permitted within the 8 foot clearance area below the structure where appropriate.
THE PARTIES HERETO COVENANT AND AGREE AS FOLLOWS:
s.
(1) The premises shall be used during the tenancy hereof exclusively for
the purpose of parking lot for motor vahicles. Wrecked vehicles shall not be
parked or stored thereon. Vehicular access to the area described in this agree-
ment directly from the established grade line of the highway is specifically
prohibited.
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(2) The LESSEE shall not install facilities for, nor operate on the ?'
premises, a gasoline supply station nor shall vehicles used or designed for the •
transportation of gasoline or petroleum products be permitted on the premises;
nor shall bulk storage of gasoline or petroleum products be permitted on the
premises. No explosives, combustibles,.or any material which might be deemed
to be a danger to the property of LESSOR, will be stored on said lands.
(3) No permanent improvements or alterations shall be made in, on, or
upon the premises without the consent and approval of LESSON first had and
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obtained, in writing, under penalty of cancellation of the agreement.
(4) No materials or supplies of any nature will be stored on the rem
p ises
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 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 LESSEE to
protect the highway structure against fire or other hazard damage resulting from
any and every cause occuring 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.,• 'F
LESSEE shall furnish the LESSOR a certificate of such insurance which shall obligate
the insurance carrier to notify the LESSEE, in writing,- not less than fifteen (15)
days prior to cancellation or material modification thereof.
(`+) The LESSEE agrees: 9 (a) to pay all taxes and assessments that may be
legally assessed on LESSEE possessory interest, or on any improvements or equip_
ment placed by LESSEE on said premises during the continuance of the tenancy m hereby
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created; (b) to pay all charges for water. furnished to the herein described r
p e ises ;.
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.
(6) No signs, displays or devices shall be erected on the remises designated
esignated
In the agreement without approval of the LESSOR, and -thee Bureau' of Public Roads,
as to type, number, size, location and design.
(7)- No vending of any kind or character shall be•conducted, ermitted
P , or
allowed upon the premises, with the exception of tickets vended for the privilege
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of using the = facilities.'
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(8) The LESSEE shall, at its sole expense, keep and maintair, 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 and kept under surveillance by police patrol to
eliminate the possible creation of a nuisance or hazard to the public. The LESSEE '
also agrees not to permit hazardous or unreasonable objectionable smoke, fumes#
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vapor, or odors to rise above the grade line of the highway..
(9) The LESSEE agrees to place into effect and enforce parking regulations
limiting parking to single unit motor vehicles of size and capacity no greater
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than prescribed to conform in size and use to governing state statutes, and pro-
hibiting the parking of any truck loaded with combustible or inflammable material.
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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, ordt-
nances, or regulations which may affect, In any respect, LESSEE'S use of the premises.
(10) The LESSEE, at its own cost and expense, shall maintain said premises,
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Including all driveways and fences and guard rails heretofore, or hereafter erectedp
provided that the LESSEE may at its expense install and maintain such additional
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entrances as may be required by its use of said premises, subject to.the approval
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as to.the location thereof by the LESSOR: The LESSEE shall take ail steps necessary
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to effectively protect the fences and guard rails, and the piers and column s of
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the elevated highway from damage incident to the LESSEE'S use of such premises,
all without expense to the LESSOR.
LESSEE shall be liable to and shall reimburse the LESSOR for any damage to
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LESSOR -owned fences, guard rails, piers, or columns in any way resulting from or
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attributable to the use and occupancy of said premises by the LESSEE or any person
enteiing, upon the same with the consent of the LESSEE, expressed or implied.
Proposed plans for driveways, fence openings, wheel rails, surfacing and lighting
shall be filed with and approved by ;the LESSOR prior to the commencement:of any
work hereunder by the LESSEE.
(11) 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
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pretautionary 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 loca-
tion ;and nature of anticipated work in reasonably sufficient time and detail that
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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 (including any which may arise from the dropping of paint and /or other
objects from the freeway structure) for damage to property, or injury to, or
death 'of, any person, entering upon same with the LESSEE'S consent, expressed, or
implied.
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(12) The LESSEE shall, at its own expense, take out and keep in force y
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 inci-
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dent to the use of, or resulting from injury to, or death of, any person occurring rt'
in, or about, the premises, in the amount of not less than $1009000.009 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 they
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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
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of not. less than $50,000.00. Said, policies shall inure to the contingent liabili=
ties, if any of the LESSEE and LESSOR and shall obligate the insurance carriers
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to notify LESSEE and LESSOR, in writing, not less than fifteen (15) days prior~
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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,
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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.
(13) Wo holding over by LESSEE shall operate to renew this agreement.without
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the written consent of the LESSOR endorsed thereon. Should the LESSEE hold over
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.after the expiration *of the term of this Lease, with the consent of the LES.SEEs
expressed or. i lied said tenancy implied, shall be deemed to be a tenancy only from
month. to month, subject otherwise to all terms and conditions of this agreement
so fan as applicable.
(14) .,-The: LESSOR specifically reserves the: right of entry by any authorized
officer, engineer, employee, contractor, or agent of the LESSOR for the purpose
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of inspecting said premises in connection with the protection, maintenance, paintingo''.
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and operation of the freeway structures and its appurtenances; provided
further, that the LESSOR reserves the further right at its discretion, to
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immediate possession of the same only in case of any national of other emergency,
or for the purpose of preventing sabotage, ^and for the protection of said freeway
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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.
(15) The LESSOR hereby convenants 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 peacable 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 a continuous period of one hundred, eighty (180) days; of if the LESSEE
attemps to sell or assign these premises without the written consent of the LESSC;''
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 with-
out notice re -enter 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 breac.,:,I,.
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 tp recover 4411
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.
(16)
A.
In the event of the termination of this agreement by the expiration
thereof, or for-any other reason, the LESSEE will peacably 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 earth (,u.'. .,
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 upin the termination of the agreement and said premises
shall be restored to'their previous condition with the exception of surfacing,
wheel rails, column guards and landscaping, all at the expense of the LESSEES
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 premis,2s, 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.
(17)- Time is the essence of each and all of the terms and provisions
of this Agreement.
(18) 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.
(19) The LESSEE agrees to perform work on the premises as'follows:'
A. Area ##1.- Will be excavated approximately a inches and leveled,
then backfilled to original ground elevation with 525 cubic,
yards of crushed stone. 3149 square yards of asphaltic concrete
hot mix surface treatment will be placed on the parking area
and precask concrete parking curbs will be set in place. Three
driveways will be constructed for this area, two on Sherman
Street and one on Commerce Street, The final step will be
placing pavement marking to delineate 86 parking spaces..
Area #2 - Which lies directly under the Interstate 30 Expressway Bridge,
consists entirely of concrete underbridge paving. We propose
to construct one driveway from East Markham Street and one
driveway from Rector Street, place precask'concrete parking curbs,
and install pavement marking to delineate 52 parking spaces.
Area #3 - Will be excavated approximately 61 inches and leveled, then
backfilled to oriqinal ground elevation with 469 cubic yards
of crushed stone. 2812 square yards of asphaltic concrete hot
mix 5'vurface treatment will be placed on the parking area
and precast concrete parking curbs will be set in place. Two
driveways entering from East Markham Street will be constructed
and pavement marking will be used to delineate 61 parking spaces.
B. Adequately maintain and police these facilities in a satisfactory manner.
_(20) The LESSEE further agrees to diligently pursue the performance of the
above described work and shall notify the LESSOR prior to the start of any phase of
this work in -order that an inspection may be made during the progress of the work
(21) 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. The LESSEE will regulate the i
parking in these three areas and charge for parking, either on a monthly or hour
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basis and by the use of parking meters or-parking attendants. With the revenue
we derive from these three parking areas we will maintain the- areas as required.
(22) The terms and provisions of this agreement shall extend to and be A;
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binding upon and inure to the benefits of any approved successor or assignee of the }
LESSEE.
(23) The LESSEE, on its own behalf and for its personal•representativest
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 or national origin shall be excluded from participation ,
in, be denied the benefits of, or be otherwise subjected to discrimination in the
use of said facilities. (2) in connection with the construction of any improvements
on said lands and the furnishing of services thereon, no discrimination shall be
practiced in the selection of employees or contractors, by contractors in the y
selection and retention of first -tier subcontractors, and by first -tier subcon-
tractors in the selection and retention of second -tier subcontractors, (3) that t•
such discrimination shall not be practiced against the public in their 'access ifs
to and use of the facilities and services provided for public accomodations (such
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as eating, sleeping, rest, recreation, and vehicle servicing) constructed or open
ated ong over, or under the space of the right of way: and (4) that'the LESSEE shall
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use the premises in compliance with all other requirements imposed pursuant to Title"'
'15, Code of Federal Regulations, Commerce and Foreign Trade, Office of the Speretary�.l
of Commerce, Part 8 (15 C.F.R., [part 8) and as said Regulations may be` amended.
That in the event of any breach of any of the above nondiscrimination covenants,�,an`'
the LESSOR shall have the right to terminate, this agreement and to re -enter and
repossess said land and the facilities thereon, and hold the same as if said
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- agreement had never been made or issued.
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(24) As :a part of the consideration for this,agreementp the LESSEE agrees
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to make initial improvements to the parking facility in accordance with the plans k`
and specifications attached hereto, and it is understood that the LESSEE will apply '=~
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the net revenues derived from the operation of such facility to further improve
the same to the extent that the LESSEE deems necessary. After the parking faci-
lity has been completely improved insofar as the LESSEE desires to improve the
same w1th the funds above referred to, the net re venues derived by the LESSEE
from the operation of said parking facility-shall be used to maintain the parking
areas as required.
"Net Revenues ", as that term is used herein, shall mean that amount of money
remaining from the revenues collected by the LESSEE from t he operation of said
parking facility after having deducted therefrom all costs of opera tionp main-
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tenance and overhead, including all costs and expense of labors repair and re-
placement of Improvements, liability insurance coverage premiums debt services
and any sums that the LESSEE might be required to pay or does pay for foss or
damages to persons or property caused by or resulting from the operation of such
might be paid by the LESSEE to the
parking fa cility, including any such sums that m
LESSOR for such loss or damage.
(25) It is to be understood that the LESSOR by execution of this agreement,
with the LESSEE for the use of this area as a p arking facility does not impair .
or relinquish the LESSOR'S right to use such land for right-of-way purposes when
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it is required for the construction or reconstru ction of the traffic facility fog
which it was acquired, nor shall use of the land as a parking facility under
agreement ever be construed as abandonment by the LESSOR of such land acquired for
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highway purposes.
Executed this day of 196
ARKANSAS STATE HIGHWAY COMMISSION, LESSOR
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CITY OF LITTLE ROCK, ARKANSAS, LESSEE
Byf
Attest: Mayor .
City Clerk
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