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