4935 RESOLUTION NO. 4,935
A RESOLUTION AUTHORIZING AN AGREEMENT
AMENDING VARIOUS LEASE AGREEMENTS BETWEEN
THE CITY OF LITTLE ROCK, LITTLE ROCK
MUNICIPAL PARKING AUTHORITY, CAMELOT INN-
LITTLE ROCK, INC. AND THE ARKANSAS BAR
FOUNDATION; AND FOR OTHER PURPOSES
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
OF LITTLE ROCK, ARKANSAS .
SECTION 1. The Mayor and City Clerk are hereby authorized
to execute for and on behalf of the City of Little Rock an
Agreement with the Little Rock Municipal Parking Authority,
Camelot Inn-Little Rock, Inc. and the Arkansas Bar Foundation
for the purpose of amending various agreements heretofore
entered into between the parties so as to enable the Arkansas
Bar Foundation to construct certain columns , footings , utility
lines and other structural and mechanical appurtenances on land
near the new Camelot Inn and to make available to the Arkansas
Bar Foundation certain air space so the improvements planned
by it may be made to abut the East wall of the Camelot Inn
building between elevations 305 . 0 and 427 . 0 (MSL Datum) with
the East Wall of the Camelot Inn Building forming the West wall
of the Arkansas Bar Foundation building. Said Agreement is in
form and substance as follows :
AGREEMENT
1. This Agreement is made by and between the City of Little
Rock, Arkansas (hereinafter "Little Rock") ; the Little Rock Municipal
Parking Authority (hereinafter "Parking Authority") ; Camelot Inn-
Little Rock, Inc. (hereinafter "Camelot") and the Arkansas Bar
Foundation (hereinafter "Bar Foundation") for the purpose of amending
various documents hereinafter referred to; to enable Bar Foundation
to construct certain columns , footings , utility lines and other struc-
tural and mechanical appurtenances on land near the new Camelot Inn;
and to make available to Bar Foundation certain air space hereinafter
described so its building may abut the east wall of the Camelot Inn
building between elevations 305 .0 and 427.0 (MSL Datum) with the east
wall of the Camelot Inn building forming the west wall of the Bar
Foundation building. The space adjacent to said wall will contain
the mechanical room and stair #3 of the Bar Foundation building.
2. The documents which are to be amended by this Agreement
shall hereinafter be referred to by the document number designated
and are as follows :
(a) DOCUMENT ONE. Lease from Little Rock to Camelot
dated February 17, 1971, for a term of fifty-two
years commencing January 1, 1971, a Memorandum of
said Lease being recorded in Pulaski Mortgage Book
1345 , Page 153.
(b) DOCUMENT TWO. Ratification of Lease executed by
Little Rock Municipal Parking Authority on May 10,
1971, a copy of which is recorded in Pulaski Mort-
gage Book 1345 , Page 163.
(c) DOCUMENT THREE. Amendment to Lease and Agreement
executed by Little Rock, Parking Authority and
Camelot on July 30, 1971, a copy of which is
recorded in Pulaski Mortgage Book 1365, Page 415.
AGREEMENT
Page Two
(d) DOCUMENT FOUR. Ninety-nine year Lease from Bar
Foundation to Little Rock and Parking Authority
dated March 15, 1971, a Memorandum of said Lease
being recorded in Pulaski Mortgage Book 1345,
Page 141.
(e) DOCUMENT FIVE. Amendment to Lease by Bar Foundation,
Little Rock and Parking Authority dated June 22,
1971, a copy of which is recorded in Pulaski
Mortgage Book 1365, Page 411.
(f) DOCUMENT SIX. Lease and Agreement from Little Rock
to Bar Foundation dated May 10, 1971, a copy of
which is recorded in Pulaski Mortgage Book 1345,
Page 146.
3 . The air rights required for the construction of the
Bar Foundation' s building are divided into two segments which are
identified and described as follows :
(a) TRACT A AIR RIGHTS :
A tract of land lying entirely within the R.O.W.
of Garland Street and immediately North of Lot 6,
Block 99 , Original City of Little Rock, more
particularly described as follows :
Beginning at a point on the South R.O.W. of
Garland Street which is 35 .0 feet East of the
northwest corner of Lot 6 ; thence West along said
R.O.W 10.42 feet; thence North 51.0 feet to a point
on the South curb of State Hwy. #10 (La Harpe Blvd.) ;
thence East 10.42 feet ; thence South 51.0 feet to the
point of beginning and thereby enclosing by descrip-
tion a tract of land containing 530.4 square feet
(0.01213 acres) . This conveyance pertains to "Air
Rights" above the elevation of 305.0 (MSL Datum)
over the tract described and extending upwards to
elevation 427 .0; AND
AGREEMENT
Page Three
Beginning at a point 24.58 feet East of the
northwest corner of Lot 6; thence West 0.33 feet;
thence North 51.0 feet; thence East 0.33 feet;
thence South 51.0 feet to the point of beginning
and thereby enclosing by description a tract of
land containing 16.83 square feet (0.00386 acres) .
This conveyance pertains to "Air Rights" above
the elevation of 346.10 over the tract described
and extending upwards only to elevation 427 .0 and
Air Rights extending below elevation 346.10 over
a constantly aiminishing area until reaching a
point of zero horizontal area at elevation 333 .22
along a line directly below and equal in length
to the East line of the above described tract of
land.
(b) TRACT D AIR RIGHTS :
A tract of land lying entirely within Lot 6, Block 99,
of the Original City of Little Rock, more particularly
described as follows :
Beginning at a point 35 feet East of the Northwest
corner of Lot 6, Block 99 , Original City of Little
Rock, said point being at the intersection of the
East R.O.W. of Spring Street and the South R.O.W. of
Garland Street; thence South and parallel to the West
line of Lot 6 21.0 feet to a point ; thence West and
parallel to the North line of Lot 6, 10.42 feet; thence
North 21.0 feet to a point on the North line o:E Lot 6;
thence East 10.42 feet to the point of beginning and
thereby enclosing by description a tract of Lan] con-
taining 218.8 square Feet (0. 0502 acres) . This con-
veyance pertains to "Air Rights" above the elevation
of 305.0 (MSL Datum) over the tract described, and
extending upwards only to elevation 427 .0; AND
Beginning at a point 24.58 feet East of the Northwest
corner of Lot 6, Block 99 , Original City of Little Rock;
thence South and parallel to the West line of Lot 6
21.0 feet to a point ; thence West and parallel to the
North line of Lot 6 0.33 feet ; thence North 21.0 :Feet
to a point on the North line of Lot 6; thence East 0.33
feet to the point of beginning and thereby enclosing
by description a tract of lane containing 6.93 square
feet (0.00016 acres) . This conveyance pertains to "Air
Rights" above the elevation of 346. 10 over the tract
described and extending upwards only to elevation 427.0
and Air Rights extending below elevation 346.10 over
a constantly diminishing area until reaching a point of
zero horizontal area at elevation 333.22, along a line
directly below and equal in length to the East line of
the described tract of land.
AGREEMENT
Page Four
4. For a valuable consideration, and in order to permit
the construction of the building and parking facilities complex,
the undersigned agree as follows :
(a) The TRACT A AIR RIGHTS described above are hereby
deleted from the properties described or referred to in Document
One, Document Two, and Document Three, and the said TRACT A AIR
RIGHTS are hereby added to the leased premises described in Docu-
ment Six; and the said documents are hereby amended to effect
said changes . The effect of this transaction shall be to delete
the TRACT A AIR RIGHTS from all leases from Little Rock and Park-
ing Authority in which Camelot is the Lessee, and to lease said
AIR RIGHTS to Bar Foundation for a period of ninety-nine years
commencing May 10, 1971 subject to the other terms and conditions
of Document Six.
(b) The TRACT D AIR RIGHTS described above are hereby
deleted from the premises leased by the Bar Foundation to Little
Rock and the Parking Authority in Document Four and Document Six
and are hereby added to the air rights reserved by the Bar Founda-
tion to be used in the manner contemplated by Paragraph 6 of Docu-
ment Four. Correspondingly, the TRACT D AIR RIGHTS are hereby de-
leted from the property described or referred to in Document One,
Document Two, and Document Three and the said Documents One, Two,
Three, Four, and Six are hereby amended to effect said changes.
By this transaction Little Rock, Parking Authority and Camelot
grant , convey, sell and quitclaim to Bar Foundation and its suc-
cessors in title all of their right , title, and interest in the
TRACT D AIR RIGHTS described herein, except that said air rights
shall be utilized in the manner agreed upon by the Bar Foundation
in Document Four.
AGREEMENT
Page Five
(c) Little Rock, Parking Authority, and Camelot grant
and convey to the Bar Foundation the right to construct columns ,
footings , utility lines and other structural and mechanical ap-
purtenances below elevation 305 (MSL Datum) as may be required
to support and serve the TRACTS A and D AIR RIGHTS described
herein.
5. Camelot hereby grants to the Bar Foundation, its suc-
cessors and assigns , the right to use the east wall of Camelot
Inn (hereinafter referred to as "the wall") as the west wall of
the Bar Foundation building and the right to abut the Bar
Foundation building to the wall, subject to the terms and condi-
tions expressed herein:
(a) The parties acknowledge and agree that the wall
lies entirely on property leased to Camelot and that the rights
of the Bar Foundation to the use of the wall are governed
solely by the terms of this Agreement ;
(b) Construction of the Bar Foundation building shall
be performed strictly in accordance with the plans and specifi-
cations prepared by Cromwell, Neyland, Truemper, Millett &
Gatchell, architect-engineer, and construction of the Bar
Foundation building and the Camelot Inn shall be coordinated so that
both buildings will be completed without undue delay or inconvenience.
(c) The Bar Foundation building, and particularly the
portion abutting the wall, shall be constructed in a good and
workmanlike manner in accordance with all applicable statutes
and ordinances. The Bar Foundation will, at its sole expense,
infill the existing framed openinffi in the wall between the
AGREEMENT
Page Six
second and third floor of Camelot Inn with "4-hour" concrete
blocks and will apply a painted stucco finish to the exterior
exposed surface of that portion of the wall;
(d) The Bar Foundation shall have the right to ex-
tend its building abutting the wall vertically to elevation
427.0 feet (MSL Datum) upon giving Camelot written notice
thirty (30) days in advance of any extension; any such ex-
tensions shall be subject to the terms and conditions of this
Agreement ;
(e) Camelot shall not be responsible for any prepa-
ration or modification of the wall to enable the Bar Founda-
tion to construct its building; nor does Camelot warrant or
represent that the wall is adequate for the purposes for
which it is to be used by the Bar Foundation;
(f) Neither Camelot nor the Bar Foundation shall
have any right to create or maintain any openings through
the wall without the express written consent of the other;
(g) The Bar Foundation agrees to indemnify and hold
Camelot harmless from any expense, claim, charge, or loss of
any kind whatever, caused by the abutment of the Bar Foundation
building to the wall, including, but not limited to, any loss
or damage to third parties from the construction or use of the
wall by the Bar Foundation;
(h) In the event of substantial destruction of the
wall by fire or other casualty, Camelot shall not be obligated
to rebuild the wall and the rights and duties of the parties
with respect to the wall shall terminate. However, if Camelot
elects to replace the wall after substantial destruction, or,
AGREEMENT
Page Seven
in the event repairs to the wall become necessary, the costs
thereof shall be borne by Camelot and the Bar Foundation in
the proportion in which the wall is used by them respectively;
(i) It is understood by the parties that Camelot
reserves the right to demolish and remove the wall after giv-
ing notice in writing to all parties hereto thirty (30) days
in advance of demolition; Camelot shall do as little damage
as possible to the Bar Foundation building in the demolition
and removal of the wall, but shall not be liable to the Bar
Foundation for any damages essential to the completion of demo-
lition. When demolition is complete, the rights and duties of
the parties with respect to the wall, shall terminate ;
(j) The covenants and agreements with respect to the
wall shall run with the land and be binding on the parties, their
successors and assigns , subject to the right of Camelot to demolish
and remove the wall.
This Agreement is being executed by Little Rock pursuant to
authority of Resolution No. 4,935 of the Board of Directors
of the City of Little Rock, dated February 6 , 1973.
Worthen Bank & Trust Company, N.A. , and Commonwealth Federal Sav-
ings & Loan Association join in the execution of this Agreement
as mortgagees of the property described herein to signify their
consent. Kin-Ark Corporation likewise joins in the execution of
this Agreement to express its consent.
AGREEMENT
Page Eight
IN WITNESS WHEREOF, the parties have executed this Agree-
ment on the 20th day of February , 1973.
CAMELOT INN-LITTLE ROCK, INC.
�J
ATTEST: By G !H. a4ua) 4,1447-
A... 0 ,t,..-
r .-
40 ARKANSAS BAR FOUNDATION
ATTEST: By
CITY OF LITTLE ROCK
ATTES •• By ��//�, d.
A,rttJ
City Cl k
LITTLE ROCK MUNICIPAL PARKING
AUTHORITY
ATTEST: By
Chairman
Secretary
WORTHEN BANK & TRUST COMPANY, N.A.
ATTEST: By
COMMONWEALTH FEDERAL SAVINGS &
LOAN ASSOCIATION
•
ATTEST: By
KIN-ARK CORPORATION
i
ATTEST: By ; t-<<.2'i _.,/•��7 's/�'t�% �(...,.___
•
AGREEMENT
Page Nine
STATE OF ARKANSAS )
) ss.
COUNTY OF PULASKI — ) ACKNOWLEDGMENT
On this day of _ , 197 , before me,
a Notary Public, duly commissioned, qualified and acting within
and for the County and State aforesaid, appeared in person the
within named JOHN R. BOGARDUS and G. DOUGLAS FOX
President _ _ and Secretary , respectively,
of CAMELOT INN - LITTLE ROCK, INC. , an Arkansas Corporation, to
me personally well known, who stated that they were duly authorized
in their respective capacities to execute the foregoing instrument
for and in the name and behalf of said corporation, and further
stateu and acknowledged that they had so 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 197
Notary Public
My Commission Expires :
STATE OF ARKANSAS )
)ss.
COUNTY OF PULASKI ) ACKNOWLEDGMENT
On this day of , 197 , before me,
a Notary Public, uuly commissioned, qualified and acting, within
anu for the County and State aforesaid, appeared in person the
within named EDWARD LESTER and PHILIP S. ANDERSON, Chairman and
Vice Chairman, respectively, of the ARKANSAS BAR FOUNDATION, a
non-profit corporation, 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 the
Arkansas Bar Foundation 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 , 197 .
Notary Public
My Commission Expires :
AGREEMENT
Page Ten
STATE OF ARKANSAS )
) ss.
COUNTY OF PULASKI ) ACKNOWLEDGMENT
On this 20th day of February , 197 3 , before me, a
Notary Public , duly commissioned, qualified and acting, within and
for the County and State aforesaid, appeared in person the within
named WILLIAM H. WALTERS and JANE CZECH, 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 the City 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 offi-
cial seal this 20th day of February , 1973 .
Notary Pub c
My Commission Expires :
/ - 76
STATE OF ARKANSAS )
) ss .
COUNTY OF PULASKI ) ACKNOWLEDGMENT
On this day of , 197 , before me, a
Notary Public , duly commissioned, qualified and acting, within and
for the County and State aforesaid, appeared in person the within
named WERNER KNOOP and ROBERT TAYLOR, Chairman and Secretary, re-
spectively, of the Little Rock Municipal Parking Authority, an ad-
ministrative agency of the City of Little Rock, 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 the Little Rock Municipal Parking Authority
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 offi-
cial seal this day of , 197 .
Notary Public
My Commission Expires :
AGREEMENT
Page Eleven
STATE OF ARKANSAS )
ss .
COUNTY OF PULASKI ) ACKNOWLEDGMENT
On this day of , 197 , before
me, a Notary Public , duly commissioned, qualified and acting
within and for the County and State aforesaid, appeared in
person the within named
and
and , respectively, of WORTHEN BANK & TRUST
COMPANY, N.A . , to me personally well known, who stated that
they were duly authorized in their respective capacities to
execute the foregoing instrument for and in the name and behalf
of WORTHEN BANK & TRUST COMPANY, N.A . , and further stated and
acknowledged that they had so signed, executed and delivered
said foregoing instrument for the consideration, uses and pur-
poses therein mentioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and offi-
cial seal this day of , 197
Notary Public
My Commission Expires :
STATE OF ARKANSAS )
) ss.
COUNTY OF PULASKI ) ACKNOWLEDGMENT
On this day of , 197_, before
me, a Notary Public , duly commissioned, qualified and acting
within and for the County and State aforesaid, appeared in
person the within named
and
and , respectively, of COMMONWEALTH
FEDERAL SAVINGS & LOAN ASSOCIATION, to me personally well known,
who stated that they were duly authorized in their respective
capacities to execute the foregoing instrument for and in the
name and behalf of COMMONWEALTH FEDERAL SAVINGS & LOAN ASSOCIA-
TION, and further stated and acknowledged that they had so
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 offi-
cial seal this day of , 197
Notary Public
My Commission Expires :
AGREEMENT
Page Twelve
STATE OF ARKANSAS )
) ss.
COUNTY OF PULASKI ) ACKNOWLEDGMENT
On this day of , 197 , be-
fore me, a Notary Public , duly commissioned, qualified and acting
within and for the County and State aforesaid, appeared in person
the within named ROBERT G. WALKER and
PAUL R. CHASTAIN , President and
• Secretary , respectively, of KIN-ARK CORPORATION, an
Arkansas corporation, to me personally well known, who stated
that they were duly authorized in their respective capacities
to execute the foregoing instrument for and in the name and be-
half of said corporation, and further stated and acknowledged
that they had so signed, executed and delivered said foregoing
instrument for the consideration, uses and purposes therein men-
tioned and set forth.
IN TESTIMONY WHEREOF, I have hereunto set my hand and offi-
cial seal this day of , 197
Notary Public
My Commission Expires :
-14-
SECTION 2 . This Resolution shall be in full force and
effect from and after its adoption.
ADOPTED: February 6, 1973
ATTEST :
l APPROVED: L(/.�i�ee
City Cer Mayor