Loading...
11287ORDINANCE NO. 11,287 AN ORDINANCE AUTHORIZING THE AMENDMENT OF A LEASE AND AGREEMENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR, AND JACUZZI BROS., INC., A CALIFORNIA CORPORATION, AS LESSEE, IN SUBSTANTIALLY THE FORM AND WITH SUBSTANTIALLY THE CONTENTS SET FORTH IN AND MADE A PART OF THE ORDINANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF SAID AMENDMENT BY THE MAYOR AND CITY CLERK FOR AND ON BEHALF OF THE CITY; PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. That there be, and there is hereby, authorized the execution and delivery of an amendment to a lease and agreement wherein the City of Little Rock, Arkansas (herein sometimes referred to as City) is Lessor and Jacuzzi Bros., Inc., a California corporation, is Lessee, in substantially the form and with substantially the contents hereinafter set forth, and the Mayor and City Clerk be, and they are hereby, authorized to execute, acknowledge and deliver said amendment to lease and agreement for and on behalf of the City. The form and contents of said amendment which are hereby approved and which are made a part hereof shall be substantially as follows: AMENDMENT TO LEASE AND AGREEMENT WHEREAS, the City of Little Rock, Pulaski County, Arkansas, hereinafter called Lessor, and Jacuzzi Bros., Inc., a California corporation, but authorized to do business in the State of Arkansas, hereinafter called Lessee, entered into a lease and agreement dated August 1, 1961, under the terms of which the Lessee leased from the Lessor the lands more particularly described in said lease and agreement; and 000 -�7 WHEREAS, in the same instrument the Lessee was granted an option to purchase said lands; and WHEREAS, said lease and agreement were duly authorized by the Board of Directors of the City of Little Rock, Arkansas, by Ordinance No. 11,219 passed October 2, 1961; and WHEREAS, in order to provide water service to Lessee and others, the Board of Water Works Commissioners of the City of Little Rock, Arkansas, proposes to construct upon the lands here- inafter particularly described which are a part of the leased premises, water transmission mains and an elevated storage tank with drains, said construction to be upon lands more particularly described as follows: TANK SITE. A part of the N2 of the SE4 of Section 82 Township 1 South, Range 13 West, Pulaski County, Arkansas, more particularly described as commencing at the Southeast corner of the NE4 of the SE4 of said Section 8 and run thence North along the East line of said Section 8, 430.6 feet; thence South 80 degrees 54 minutes West 1,258.3 feet to the point of beginning; thence South 82 degrees 50 minutes West 100 feet; thence North 2 degrees 45 minutes West 100 feet; thence North 82 degrees 50 minutes East 100 feet; thence South 2 degrees 45 minutes East 100 feet to the point of beginning, containing .22 acre, more or less; and WHEREAS, in order to provide utility services to Lessee and others, said Board of Water Works Commissioners, Arkansas Louisiana Gas Company and Southwestern Bell Telephone Company propose to construct pipe lines, poles, wires and appurtenant facilities upon lands more particularly described as follows: RIGHT OF WAY. A part of the N-1-2 of the SE4 of Section 8, Township 1 South, Range 13 West, Pulaski County, Arkansas, more particularly described as commencing at the Southeast corner of the NE4 of the SE4 of said Section 8 and run thence North along the East line of said Section 82 430.6 feet; thence South 80 degrees 54 minutes West 30 feet to the point of beginning, said point being on the North right of way line of railroad; thence along the said - 2 - and right of way line South 80 degrees 54 minutes West 1,228.3 feet; thence North 9 degrees 6 minutes West 18 feet; thence North 80 degrees 54 minutes East 1,228.3 feet; thence South 18 feet to the point of beginning; WHEREAS, said utilities require easements upon the aforesaid lands for the purposes herein stated; Now, Therefore: Lessor and Lessee acknowledge that the amendment of the aforesaid lease and agreement as hereinafter set forth will be of benefit to both. The parties hereto, therefore, agree that said lease and agreement are amended as follows: 1. There is hereby reserved to the City of Little Rock, Arkansas, for the use and benefit of the Board of Water Works Commissioners, an easement upon, along and across the hereinabove described real property for the purpose of permitting the Board of Water Works Commissioners, its successors and assigns, to install, construct, repair, replace and maintain upon said lands water transmission mains and an elevated water storage tank, with appurtenances thereto, now and at different times in the future. It is further agreed that the Lessor shall have the right to grant easements to Arkansas Louisiana Gas Company and Southwestern Bell Telephone Company to permit the installation, construction, repair, replacement and maintenance of pipe lines, poles, wires and appurtenant facilities upon any portion of the aforesaid lands described as RIGHT OF WAY. Provided, however, the right to grant said easements to the privately owned utilities shall terminate if not exercised prior to the exercise of Lessee's option to purchase. 2. By the execution of this amendment, Lessor and Lessee hereby request, authorize and approve the execution of a release by Union National Bank of Little Rock, the trustee named in Little - 3 - Rock City Ordinance No. 11,218 passed October 22 1961, said instrunent to release the lands hereinabove described from the lien of said trustee granted by the trust indenture referred to in said ordinance. IN WITNESS WHEREOF, the parties hereto have caused this amendment to be signed in several counterparts, each of which may be considered an original without the presentation of the others, by their duly authorized officials and officers. This agreement shall be deemed to be dated May 1, 1962, although authorized, executed and acknowledged on different dates. ATTEST: (Seal) ATTEST: City Clerk Secretary STATE OF ARKANSAS) ) ss. COUNTY OF PULASKI) CITY OF LITTLE ROCK, ARKANSAS By Mayor JACUZZI BROS., INC. By Vice President ACKNOWLEDGMENT On this day before the undersigned, a Notary Public within and for the County and State aforesaid, duly qualified, commissioned and acting, appeared in person the within named W. C. Knoop and Pauline G. Beeson, Mayor and City Clerk, respectively, of the City of Little Rock, Arkansas, a municipality of the State of Arkansas, to me personally known, who stated that they were duly authorized in their respective capacities to execute the foregoing instrument for and in the name of said municipality, and further stated and acknowledged that they had signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of 1962. My comm. expires: Notary Public (Seal) - 4 - STATE OF CALIFORNIA ) ) s s . ACKNOWLEDGMENT COUNTY OF CONTRA COSTA) On this day before the undersigned, a Notary Public within and for the County and State aforesaid, duly qualified, commissioned and acting, appeared in person the within named C. Jacuzzi and Aldo Jacuzzi, Vice President and Secretary, respectively, of Jacuzzi Bros., Inc., a California Corporation, to me personally known, who stated that they were duly authorized in their respective capacities to execute the fore- going instrument for and in the name of said corporation, and further stated and acknowledged that they had signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of , 1962. My comm. expires: Notary Public (Seal) SECTION 2. That the Mayor and City Clerk be, and they are hereby authorized and directed to execute and acknowledge the foregoing amendment on behalf of the City. SECTION 3. That the provisions of this ordinance are hereby declared to be separable and if any section, phrase or provision shall be declared invalid for any reason, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions. SECTION 4. That all ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5. That there is hereby found and declared to be an immediate need for the construction of utility facilities upon the lands herein particularly described; that the construction of such facilities will aid in the development of industry, provide additional employment and increased payrolls and other benefits - 5 - incidental to the operation of a substantial industry; and that the execution and delivery of the amendment to the lease and agreement authorized by this ordinance are necessary for the accomplishment of these public benefits and purposes. It is, therefore, declared that an emergency exists and this ordinance being necessary for the immediate preservation of the public health, safety and welfare shall be in force and take effect immediately upon and after its passage. PASSED: _ June 4 , 1962. ATTEST: City Clerk - 6 - APPROVED: pov- Mayor