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10736W 3 ORDINANCE NO. 10,736 AN ORDINANCE AUTHORIZING AND DIRECTING TH' MAYOR AND CITY CLERK, FOR AND ON BEHALF OF THE CITY OF LITTLE ROC tom, TO --,,NT-----P INTO AND EXECUTE A LEASE AGRE =ENT WITH THE CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY FOR CERTAIN LAND LOCATED IN PULASKI COUNTY, ARKANSAS, TO BE USED BY THE SANITATION D'2ARTMENT OF THE CITY OF LITTLE ROCK FOR "FILL" PURPOSES; 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 ordered and directed on behalf of the City of Little Rock to enter into and execute a Lease Agreement with the Chicago, Rock Island and Pacific Railroad Company for certain land located in Pulaski County, Arkansas, to be used by the Sanitation Department of the City of Little Rock for the purposes of "Fill ". Said Lease Agreement is to be in the form as follows: it B 37896 THIS AGREEiEnTT, Bade this 26th day of November , A. D. 19 57 , _ , between CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, being herein- after designated as "Lessor," and CITY OF LITTLE ROCK of the City of Little Rock, and State of Arkansas, hereinafter designated as the "Lessee ", WITNESSETH: That the Lessor, in consideration of the covenants and agreements hereinafter mentioned, to be kept and performed by the Lessee, hereby leases unto the Lessee the following described piece or parcel of land at Little Rock, in the County of Pulaski and State of Arkansas, to -wit: Beginning at a point in the east line of the southwest quarter (SW4) of the southwest quarter (SW4) of Section Fifteen (15), Township One (1) North, Range Twelve (12) West, said point being fifteen (15) feet southerly measured at right angles from the center line of the Chicago, Rock Island and Pacific Railroad Companyts Hot Springs Branch main line; thence southerly along east line of said quarter quarter Section and said Railroad Companyts easterly right of way line one thousand seven hundred (1700) feet, more or less, to a point in said Railroad Company's southerly right of way line; thence westerly along said southerly right of way line two hundred twelve (212) feet, more or less, to a point fifteen (15) feet easterly measured at right angles from the center line of said Railroad Companyts Hot Springs Branch main line; thence northerly parallel with and fifteen (15) feet easterly measured at right angles From said main track one thousand seven hundred twenty - five (1725) feet, more or less, to the point of beginning, as shown in yellow on the print attached hereto and made a part hereof. DOd -/ z TO HAVE AND TO HOLD, the same, unto the lst day of December A. D., said Lessee, from the 19 57 , until such time as this agreement shall be terminated, as hereinafter provided. In consideration of the aforesaid lease, the Lessee covenants and agrees to and with the Lessor that it will pay to the Lessor the recei t of which is hereby acknowled ed in advance the Monthly, Quarterly, Semi-Annually or Annua3Ty sIzm of _ One and 00 %100 Dollars ($ 1.00 ) as rent for said demised premises, and in addition thereto a further sum computed at the rate of six (6) per cent per annum upon the amount or amounts of any charges or assessments (except general property taxes) payable on account of or in respect to said premises for paving, curbing, sidewalks, sewers, benefit districts or other public improvements, the said further sum or sums to accrue from the date when any such charge or assessment shall be paid by the Lessor and become due and payable to the Lessor on each succeeding date when the rent specified herein becomes due and payable. The rent for said demised premises shall be subject to revision at least once every five (5) years during the time this lease shall continue in effect. The Lessee further agrees to assume and to reimburse the Lessor, upon receiving a bill therefor, for all taxes, license fees or other charges paid by the Lessor except special assessments for paving, curbing, sidewalks, sewers, etc. that may be levied or assessed locally against the said leased premises, or the improvements thereon, or against both; and to assume and pay all special assessments that may be levied against such improvements as belong to the Lessee hereunder. Either the Lessor or the Lessee may terminate this lease at any time by giving to the other party thirty (30) dayst notice in writing or in case of violation by either party of any provision of this lease, the other party may, after five dayst notice in writing and if the violation is not remedied within the five -day period, terminate this lease on three days' notice in writing, and these means of termination shall be binding on the parties hereto in lieu of any statutory notice that may be required by state law. Upon the termination of this lease, all rights of the Lessee hereunder shall cease; and upon or prior to such termination the Lessee shall surrender said leased premises to the possession of the Lessor in the same condition as said premises were in at the beginning of the term hereof, ordinary wear and tear for the purposes herein authorized excepted. This covenant requires, among other things, the removal of all foundations left by dismantling the Lessee's buildings or structures, the filling in of all pits left by the removal of said buildings or structures and removal of all debris. Acceptance of said rental in advance by the Lessor shall not operate as a waiver of the Lessorts right to terminate this lease as herein provided. Should this lease be terminated by either party by thirty (30) days' written notice as hereinbefore provided prior to the time to which said rental has been paid, the Lessor hereby agrees to refund on demand to the Lessee any unearned rental theretofore paid. The leased premises shall be occupied by the Lessee within ninety (90) days from date hereof and used exclusively as a location for fill ; and the Lessee agrees that all provisions of law or ordinance applicable to such use of said premises shall be fully observed, and that the Lessee will not do, nor permit to be done, upon or about said premises anything forbidden by law or ordinance or the rules and regulations of said Lessor now in force or which may hereafter be adopted. An abandonment of the above described premises by the Lessee shall operate as an absolute and immediate termination of this lease without notice. Failure of the Lessee to occupy or use the said leased premises for the purposes hereinbefore mentioned for ninety (90) days at any one time shall be deemed an abandonment thereof. The Lessee will, at the sole cost and expense of the Lessee, protect all buildings, structures, materials and merchandise constructed, placed or kept upon the premises herein leased against water, snow and ice; and the Lessee hereby releases the Lessor, its successors and assigns, from any and all liability for the protection thereof as afore- said. The Lessee agrees to keep said premises, and, all buildings thereon, in a neat and orderly condition, and from time to time, as may be re- quired by the Lessor, to paint all such buildings and structures. Failure of the Lessee to keep said premises, and all buildings thereon, in a neat and orderly condition and properly painted shall constitute a default of this lease and thereupon the Lessor at its option may terminate this lease as herein elsewhere provided. The color of paint to be used shall be determined by mutual agreement between the Lessor and the Lessee. And the Lessee further agrees that none of the buildings or other structures existing on said, leased premises shall be used for display of circus posters, or display of signs or advertisements other than those that may be connected with the business of the Lessee; and such signs or advertisements relating to the Lessee's business shall be neatly written or printed and shall be properly maintained. It is agreed that the Lessee shall place all buildings or structures erected upon said premises a sufficient number of "Post No Bills" signs to prevent others from posting bills or signs thereon. In case the Lessee (or the Lessee's successors, heirs, or assigns, as the case may be), at the expiration of this agreement, either by lapse of time or by notice of termination as provided for herein, shall fail to remove from the premises herein leased any and all buildings, structures and material owned or controlled by the Lessee, and which the Lessee has the right to remove, then and in that event the Lessor, its successors or asssigns, ten days after termination, shall have the right, and the right is hereby given to the Lessor, its successors or assigns, to remove the said buildings, structures and material in such manner and in such was as may be deemed most expedient and proper by the Lessor's Superintendent or Engineer in charge of the division upon which the property herein leased is situated; and the Lessor, its successors or assigns, shall have the right, and the right is hereby given to the Lessor, its successors or assigns, upon ten (10) dayst notice in writing to the Lessee (or to the Lessee's successors, heirs or assigns, as the case may be), to sell or dispose of any and all such buildings, structures, and material so removed, and to satisfy all expenses of such removal from the proceeds of any such sale; provided, however, that if the cost of removal. exceeds the sale price of the material, the Lessee shall, within ten days after being billed, pay the difference to the Lessor, and if the sale price exceeds the cost of removal, the Lessor shall immediately pay the difference to the Lessee. And the Lessee further agrees that in case any building or other improvement which the Lessee may have the right to locate upon said leased premises is damaged or destroyed wholly or partially by storm, fire or otherwise the Lessee shall within thirty (30) days from the date of such damage or destruction remove all debris, trash or rubbish caused by or incident to said damage or destruction; and in case of failure so to do, the Lessor shall have the right to enter upon the premises hereby leased and. remove such debris, trash or rubbish at the sole cost of the Lessee, and the Lessee hereby agrees to pay such cost to the Lessor within thirty (30) days after presentation of bill. therefor to the Lessee. No building, platform or other structure shall be erected or main- tained and no material or obstruction of any kind or character shall be placed, piled, stored, stacked or maintained closer than eight (8) feet, six (6) inches from the center line of the nearest track of the Lessor, except that in case of platforms not higher than four (4) feet above the top of the rail of the nearest track a minimum of six (6) feet from the center line of such track of the Lessor will be permitted; and any building, structure, fixture or material erected or placed on said 4. premises shall be so erected or placed as to give headroom of at least twenty -five (25) feet above the tops of the rails of the nearest track of the Lessor (or such other horizontal or vertical clearance as from time to time may be required by any federal, state or municipal law, regulation or ordinance, the expense of compliance with which the Lessee agrees solely to bear). Any door or doors on the side of any building, coal shed or structure next to,any track of the Lessor must be sliding doors, or, if otherwise, must be so constructed that when they open they will not come closer than eight (B) feet, six (6) inches from the center line of any such track. Should the Lessee fail to observe any condition or obligation in this paragraph, then and in that event the Lessee will assume all liability therefor and agrees to Indemnify and save harmless the Lessor against any and all claims for loss, damage, injury or death resulting therefrom. Should it become necessary to relocate or make any change in any telegraph or telephone wires or other facilities on account of or in connection with the property covered by this lease such change or changes will be made at the sole expense of the Lessee. This lease shall not be assigned, nor shall said premises, nor any part thereof, be sublet, nor shall the Lessee consent that the same be used or occupied by any party other than the Lessee, without the written consent of the Lessor first obtained therefor. If any of the foregoing conditions are violated, all of the provisions of this lease shall be binding upon such assignee, sublessee, user, or occupant, and this Lessee hereby guarantees the performance of all of such provi- sions by any such assignee, sub - lessee, user or occupant. Nothing in the last above sentence shall be deemed to be a waiver by the Lessor of the restrictions set forth in the first sentence of this para-ra.ph. hereby In consideration of the privilege given the Lessee to occupy and use thq premises above described, and the benefits and privileges to be derived therefrom, the Lessee, in addition to payment of rental as above provided, hereby releases the Lessor, its successors or assigns, from all liability for damage by reason of want or failure at any time of title or possession on the part of the Lessor to any part of the leased premises; and hereby releases the Lessor, its successors or assigns from all liability for any loss or damage by reason of any injury to or destruction of any real or personal property of any kind owned by the Lessee or in which the Lessee is interested, now or here- after placed on the said leased premises, in consequence of fire. The Lessee further agrees that if, in any event the release herein - before made shall not be valid, the Lessor shall have the full benefit of any insurance effected by the Lessee on the structures or property injured or destroyed. It is expressly understood and agreed, as one of the considerations to the Lessor for the making of this lease, and one of the conditions upon which it is made, that the insurer shall not have any claim, cause of action or demand against the Lessor, or any party or corporation at any time owning or operating the railroad and property of said Lessor, on account of any damage or injury to or destruction of such structures or property, or on account of any payment made to the Lessee or any other party by reason of such damage, injury or destruction; and the Lessee agrees to indemnify and hold harmless the Lessor against any such claim, cause of action or demand. The Lessee also agrees to indemnify and hold harmless the Lessor against any and. all claims, demands or causes of action arising out of injury to or death of any of the parties hereto and their agents, ser- vants and employes, or injury to o death of any other person or persons, or loss of or damage to property o any of the parties hereto, and of their agents, servants, and employes, or loss of or damage to the property of any person, firm or corporation while on or about the said leased premises, when such death, loss, damage or injury results from any adt or omission on the part of the Lessee, its agents, servants or employes; and if any claim or liability due to some other cause than fire shall result-from the joint or concurring negligence of both parties hereto it shall be borne by them equally. Should the said demised premises be used for loading, unloading, storing or otherwise handling petroleum or its products the Lessee agrees to comply with all federal and state laws, orders or regulations and municipal ordinances or regulations relating to the handling of said products, and with all regulations and recommendations from time to time prescribed or published by the Bureau of Explosives of the Association of American Railroads or any successor agency to said Bureau. And the Lessee further agrees that it will indemnify and hold harmless the Lessor against all fines, penalties, claims, demands and suits at law or in equity and against all loss, damage or injury to persons or property arising in any manner from the non - observance by the Lessee.of any federal or state law, order or regulation, municipal ordinance or regulation, or regulation or recommendation of the said Bureau of .Explosives, relating to the handling of said products. The Lessee agrees that artificial lighting in pump houses, warehouses, or other enclosures where oil or other inflammable fluid supplies are handled or stored, except when in unbroken original containers, shall be by electricity, and this electrical installation and any other electrical installation on such premises shall conform to and be maintained in accordance with the "National Electrical Code", Article 32, and in accordance with the recommendations for such locations as embodied in the National Electrical Code, and also in accordance with requirements of any local ordinance or State or Federal Laws which may be in effect during the terms of this lease. Upon the termination of this lease, 1 surrender possession to the said Lessor, c peaceably and without delay, and in case c Lessee shall be guilty of forcible entry e under the statutes, and no notice to quit shall b,e necessary to sustain such action, waived. n any way, the Lessee will r its authorized agents, f any failure so to do the n.d detainer of said. land or demand of possession but all /notices are hereby such All the covenants, terms, conditions, rights and obligations in this agreement contained shall inure to the benefit of and be binding upon the parties hereto and their heirs, executors, administrators, successors and assigns. IN WITNESS I H_,,REOF, thB parties hereto have duly executed this agreement, the day and year first above written. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY By Ree-1 Estate and Tax Commissioner CITY OF LITTLE ROCK ATTEST: (Lessee sign here) By (SEAL) Mayor Lessee. City Clerk " SECTION 2. That all ordinances and parts of ordinances in conflict herewith are hereby repealed and this ordinance shall be in full force and effect from and after its passage and approval. PASSED? March 3, 1958 ATTEST: A ing City C1 r'.� APPROVED: < < Mayo r