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5443- . .. I 005 ORDINANCE N0. 5443 AN ORDINANCE AUTHORIZING THE BOARD OF PUBLIC AFFAIRS TO ENTER INTO A CONTRACT FOR THE PURPOSE OF LEASING TO SOUTHWEST HOTELS, INC. THE PORTION OF LOUISIANA STREET EXTENDING BETWEEN THE MISSOURI PACIFIC RAILROAD RIGHT -OF -WAY ON THE NORTH AND BRIDGE STREET (FORMERLY KNOWN AS ELM STREET) ON THE SOUTH. WHEREAS, that portion of Louisiana Street in the City of Little Rock that is bounded by the right -of -way of the Missouri Pacific Railroad on the North and Bridge Street (formerly known as Elm Street) on the South is not usable as a public right -of -way or for any other public purpose, in view of the fact that said portion of said street has no outlet at the North and is of too small an area to be utilized for any public purpose; and WHEREAS, Southwest Hotels, Inc., has agreed to lease the said property from the City of Little Rock; and WHEREAS, the terms of the said lease have been agreed upon and reduced to writing, and the City of Little Rock desires on its part to carry out and fulfill this agreement with Southwest Hotels, Inc. NOW, THEREFORE, be it ordained by the City Council of the City of Little Rock, Arkansas: Section 1. That the Board of Public Affairs of the City of Little Rock is hereby authorized and directed to execute and deliver the lease contract, hereinafter set forth, which is in words and figures as follows: LEASE CONTRACT THIS lease contract entered into this day of ,1937, by and between the City of Little Rock, Arkansas, acting by and through its Board of Public Affairs, who are duly authorized to act on behalf of said city, hereinafter designated as Lessor, and Southwest Hotels, Inc., a corporation duly qualified and acting through its President and Secretary, duly authorized so to act, hereinafter designated as Lessee; C i � W I T N E S S E T H: WHEREAS, Lessor is the owner in fee of that section of Louisiana Street in said City that extends between the Missouri Pacific Railroad right -of -way on the North and Bridge Street (formerly known as Elm Street) on the South; and WHEREAS, Lessee is desirous of leasing said described property; and AREAS, the said described property is not at the present time used for any public purpose, it being impossible for said section of said street to be used as a public right -of -way, due to the fact that it has no outlet at the North and thereof and due to the further fact that it is of too small an area to be utilized for any public purpose; and WHEREAS, the Lessee is the owner of the reaity located upon each side of the said described property, and said lessee is desirous of using said location for the construction of certain improvements which will be beneficial to the prople of the city, in that said construction will involve a purchase of considerable materials and labor, this lease contract is hereby entered into upon the following terms and conditions, to wit: IT IS MUTUALLY AGREED AND UNDERSTOOD between the parties hereto that this lease agreement is to begin the first day of May, 1937, and it is contracted that this lease is to be for a period of twenty -five (25) years from said date, at which time this lease is to expire. It is agreed that the lessee is to pay as rental for the use of the said premises the sum of Twenty Five Dollars ($25.00) per year, payable in advance on or before the 10th day of May of each year of the stated twenty -five (25) year period. As further considera- tion for the execution of this agreement by the lessor, the lessee does hereby agree and bind itself to turn over to the lessor at the expiration of the term of this lease all improvements made upon said property during the pendency of said lease, whether said improvements may be temporary or permanent in nature. As further consideration for the execution of this agreement, the lessee does r hereby agree to construct a monumental fountain on the South wall of the improvement to be constructed upon the said premises; it being understood that the lessor is to furnish water for and operate said fountain. It is agreed by the parties hereto that the lessee shall have complete control of the said described premises during the life of this contract, and that no liability for injuries to person or property shall accrue to the lessor turough the use of this property by the lessee during and pending the life of this agreement. In witness whereof the parties hereinabove named have caused this lease to be executed in duplicate under their respective seals, in Little Rock, Arkansas, this day of CITY OF LITTLE ROCK, LESSOR BY Member Board of Pu lie airs BY Member Board of Public Af ai-r s Vii4 Member Board of Public Affairs SOUTHWEST HOTELS, INC., LESSEE BY President By Secretary Section 2. Because of tue fact that the moneys thereby spent in making improvements by Southwest Hotels, Inc. would be of great benefit to the people of the City of Little Rock and would be beneficial teat this money be spent at the present time, it is here- by ascertained and declared that this ordinance is necessary for the preservation of public safety and the matter of immediate public convenience, and it is, therefore, ascertained and declared that an emergency exists and this ordinance shall be in force and effect immediately from and after the date of its passage, and that all ordinances and parts of ordinances in conflict herewith and the same are hereby repealed. Passed: April 12, 1937 Attest: • ity Clerk Approved; / Layor