6538I
j
ORDINANCE NO. 653,
i
I
I
Aft ORDINANCE EXTENDING THE TERM OF THE LEASE WITH BIG ROCK STONE
& MATERIAL COMPANY OF CERTAIN LANDS ON THE SOUTH BANK OF THE AR-
KANSAS RIVER BETWEEN MARKHAM STREET AND MAIN STREET IMMEDIATELY
t EAST OF THE WEST LINE OF BROAD STREET EXTENDED, AND LEASING TO
BIG ROCK STONE & MATERIAL COMPANY AN ADDITIONAL TRACT THERE, IN j
. COHSbERATION OF A LEASE BY SAID COMPANY TO THE CITY OF LIT j
ROCK OF THE TRACT ACROSS THE STREET NORTH OF THE ROBINSON MEMORIAL
AUDITORIUM, BEING THE PART OF BLOCK 186 SOUTH OF THE RIGHT -OF -WAY
f
OF THE MISSOURI PACIFIC RAILWAY COMPANY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK:
SECTION 1. For the consideration herein recited the
City agrees to extend the term of the lease of-Big Rock Stone S
Material Company executed February 28, 1927, from Acember 1, 1953
to December 11 20!42, covering the tract or parcel of land bounded
on the south by the north line of the Missouri Pacific Railway
i
Companyts right -of -way, on the north by the Arkansas River, on.•the
east by a line sixty feet east of and parallel to Ashley Street
extended to the River, and on the west by the west line of Broad-
way Street extended to the River; and to modify said lease by
eliminating therefrom the option of the City to terminate it be-
fore expiration of its term; and also agrees to lease to Big Rock
Stone,''-&- Material Company, for the term beginning this date and
expiring December 1, 20,42, a tract of land bounded on the south
by said right -of -way, on the north by the Arkansas River, on the
west by the east line of the tract above described, and on the t
ORDINANCE NO. Page #2
east by the West line of the tract leased by the City to the
Athletic Association by lease dated January 15, 1900.
SECTION 2. The consideration for the extension of the
existing lease and the leasing of the additional tract described
in Section 1 hereof shall be a lease beginning this date and ex-
piring December 10 20,p by said Big Rock Stone & Material Company
to the City of that part of Block 186 of the Original City of
Little Rock lying south of the right -of -Ray of the Missouri Pacif-
ic Railway Company, being the tract across the street immediately
north of the Robinson Memorial Auditorium.
SECTION 3, The action of the Mayor and the City Clerk
in signing for the City the said leases hereinafter copied, ex-
1
tending the term of said lease to Big Rock Stone & Material Company,
1 and leasing the additional tract herein described, for the consider -
ation of the said lease of the said south part of Block 186 by Big
Rock Stone & Material Company to the City are ratified and con -
firmed, and being signed by said Big Rock Stone & Material Company,
it is ordained that the City agrees to said contractrof leases and
all the provisions thereof, as follows, to -wit:
. 1 i ,
♦ I i -
ORDINANCE NO. wg- 6
Page #
SECTION 4. Ordinance No. 6420 providing for the said
lease of said property between the parties hereto for the period
of ninety -nine years is Amended as shown herein.
SECTION 5. This ordinance shall take effect and be in
force on and after its passage.
�PA:S �D: April` 19,43
ATTEST:
C I T Y C L E R K
t
M A Y 0 R
�0•
AGRj=ENj,UL.kE&=
THIS AGREEMENT 01' LEASES, made by and between Vie City of
Little Rock, Arkansas, its successors and assigns., herein also re-
ferred to as the "City", and Big Rock Stone & Material Company, aln
Arka]fisas corporations its successors and assigns., herein also re-
ferred to as the "6ozipany"y W, I TN h �S 'S V, T lit
1. For and
Tb a Company to the City
of Little Rock, and the
City leases and demises
on this date and ending
land:
In consideration of the lease herein made by
of part of Block 186 of the Original City
other provisions of this agreement, the
to the Company, for the period beginning
on December 1, 2042, the following-described
That tract or parcel within the City of Little Rock
bounded on the east by the west line of the tract
leaned by the City to the Athletic Association, dated
January 15, 190O, on the west by a line sixty feet
east of and parallel with the east line of Ashley
Street extended to the harbor line on the south bank
of the Arica n. Rivers on the south by the right-of-
way of the Missouri Pacific Railway Company, and on
the north by tlie harbor line on the south side of
the Arkansas River.
Also, for the consideration aforesaid, the City extends
from December 11 1953 to December ls 20J+2 Its lease to the Company
dated February 281, 1927 and exteided to December 1, 1953 covering
a tract of land bounded on the south by the right -of -way of the
iissouri Pacific Railroads on the north by the Arkansas Rivers on
the east by the west line of the tract first hereinabove described,
and on the west by the west line of Broadway Street extended; ex-
cept that part of said tract of land that Is the part of Block 186
AGRIEMT OF LEASES
Page #2
lying north of the right-of-way of the Atissouri Pacific Railroad
Company, of the Original City of Little Rock., was purchased by the
Company on November 1. 1927 and is zow owned by the Company.
Also, the said lease is modified in Die respect that the
provisions thereof for termination prior to expiration of its tern:
are repealed.
2. For and in consideration of the said lease now made
by the City to the Company and of the extension to December 1, 2042.
and said modification made herein of the lease now existing between
the City and the Company, the Company leases and demises to the
City the following-described land situated in the City of Little
Rock,, Arkansas, to-wit.,
All that part of Block 186 lying south of the right-
of-way of the Aissouri Pacific Railroad in the Orig-
inal City of Little Lock
for the teriai beginning on this date and ending becember Is 2042.
3. The said extension of the existing lease and the
now lease of the additional tract made by the City to the Company,,
and the said lease by ti-le Company to the City in consideration
thereof, are on the conditions and subject to the provisions here-
inafter stated, each of which is of the essence of this contract.
4. Ti%.e said extension of' the existing lease and t"' Le new
lease of the additional tract made by the City to the Company, and
tLe right of the Compariy to Une possession of the leased tracts
thereunder, are payment in full of all rents and rental value of
the tract herein leased by the Company to the City for the full
term of such lease; and tLe lease by the Company to the City and
the right of the City to the possession of Vie leased tract there-
AGREEI(FN T OF LEASES
Page #3
under, are payment in full of all rents and rental value of the
additional tract herein leased by the City to the Company for the
full term of that lease, 4nd of the rents and rent&l value of the
tract on xhich the existing lease is extended, for the extended
term from December 1. 1953 to Dece�r.,ber 1, 2042.
A. C
Th ne cmpany acquired title py purchase on November
�'
11 1927 of that part of said Block 186 lying nortt, of tie right-
of-way of the Missouri Pacific Pailroad Company; and the ownership
thereof by the Company, acquired as afore;aald, is recognized by
the City.
6. In its occupancy of the leased premises the Company
shall have the right to fill any holes,, excavations or washes there-
on, and erect buildings thereon, and on the termination of this
lease the Company may remove any buildings or other erections
,Aaced on the leased premises by the Company.
7. The City 'may fill any holes, excavations or washes
in the land hereby leased to it, and erect buildings tklereon., and
on the termination of this lease the City may remove therefrom. a;,,y
buildings or other erections placed thereon by it.
8. The City covenallits with the Company that tfie City
has a good right to m&ke both this lease of the. tract of land first
herein described, and the exte sion of the lease of the tract of
laInd second herein described; and the City undertakes that the
$I
Company sll-;all have quiet enjoyment of both of said tracts during
the ter'n of this lease and extension.
9. The Company covenants with ti-Le City that the Company
AGREEMENT OF LEASEu
Page #4
has good right to lease to the City Vie tract of land hereby leased
to it, and the Comparty undertakes that the City shall have quiet
enjoyment t1hereof until thle expiration of the lease herein made to
it.
10. Should the City at any t1ine be deprived of the pos-
session of a substantial part of the pren-ises leased by the Coapany
to the City herein., or of the use and quiet enjoyment thereof,, then
the Cityfs lease herein to tiie Company of the tract first herein
described and its extension of t term of' the lease of Vine tract
second described herein of December 1. 1953, shall terainate at
once, and the Compauty shall sirrender at once to the City posses-
sion of the tract first described herein, and cancel the extension
after December 11 1953 of' the lease of the tract second hereini,
described.
Should the Company at any time be de?rived of the
possession of a substantial part of the tract herein first described,
leased to it, or of the tract second described herein on its exterl-1-
sion from and after December 10 1953,or of the use and quiet enjoy-
ment of either tract, then the lease made herein by the Company to
the City of that part of block 186 lying south of the right-of-
way of the lissouri Pacific Railroad Company,, shall ter�.Iuinate at
once and pos3ession of those premises shall be surrendered at once
to the ("'ompany.
12. On the termination of these leases, either by lapse
of tl:,e or for any othier reason,, the City and the Comp"y., respect-
Ivelyp as Lessee, shall have four mouths tine in which to re.-iiove
any buildings or other Improvements piaced by it on the pre,...Ises
AGREEMENT OF LEASES
Page #5
leased to such Lessee, at the expeuse of such Lessee. Any build-
ings not reaioved uJIthin that time, or as It may be extended by
Asreement of the parti:'sffl 3hL11 belong to Lessor-
13. The buildings now on the tract leased herein by the
Company to the City shall and may be removed by the Company down to
their foundations at c.-ny time and from tin* to time, not later than
the removal of all building restrictions on the =hampered procure-
me(it of materials for building now or hereafter made or out in
force by the United Ftates Government.
14. This contract and the aEreements herein set forth
tae effect on approval hereof by Ordinance of the City Co*n-
cil of the City.
WITNESS our hazids and seals,, this April 5th, 1943.
(SEAL)
ATTFST:
F. C. Gll�
tLHPTM
CITY C1JEW
(SEAL)
kl"TESTz
1'. E. SAELLR
Secretary
CITY OF LITTLE ROCK,
BY CHAS. E. MOYER
AAYOR
BIG ROCK STONE & XATFRIAL COMPANY,
BY R. s. yLTLsoN
Vice- President