6320 RESOLUTION NO . 6 , 320
A RESOLUTION AUTHORIZING AN AMENDMENT TO
AMENDED AND SUBSTITUTED LEASE AND AGREEMENT
BY AND BETWEEN THE CITY OF LITTLE ROCK,
ARKANSAS , AS LESSOR, AND SAVERS FEDERAL
SAVINGS AND LOAN ASSOCIATION , LITTLE ROCK,
ARKANSAS , AS LESSEE , IN SUBSTANTIALLY THE
FORM AND WITH SUBSTANTIALLY THE CONTENTS
SET FORTH BELOW. AUTHORIZING THE EXECUTION
AND DELIVERY OF THE AMENDMENT: AND
PRESCRIBING OTHER MATTERS RELATING THERETO .
BE IT RESOLVED 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
Amended and Substituted Lease and Agreement wherein the City
of Little Rock, Arkansas ( the "City" ) , is Lessor , and Savers
Federal Savings & Loan Association ( "SFS" ) , is Lessee , for
certain airspace pursuant to Ark. Stat . Ann . Sec . 76-137 , in
substantially the form and with substantially the contents
hereafter set forth . The Mayor and City Clerk be , and they
are hereby, authorized to execute , acknowledge and deliver
the Amendment for and on behalf of the City. The form and
contents of the Amendment which are hereby approved and which
are made a part hereof , shall be substantially as shown on
Exhibit A hereto.
SECTION 2. That the Mayor , City Clerk and City Manager ,
or any of them, for and on behalf of the City, be , and they
are hereby, authorized and directed to do all things, execute
all instruments and otherwise take all action necessary to
the realization of the rights of the City and to discharge
the obligations of the City under the terms of the Amendment .
SECTION 3. That the Board of Directors hereby finds and
declares the execution and delivery of the Amendment is in
the furtherance of the public interest , does not impair the
public use of public streets and alleys beneath the airspace
conveyed thereby . and is not in violation of any federal
requirement with respect to any federal aid funds involved in
the construction or improvement of such streets and alley.
SECTION 4. That the provisions of this Resolution are
hereby declared to be separable , and if any section , phrase
or provision shall , for any reason , be declared to be
invalid, such declaration shall not affect the validity of
the remainder of the sections , phrases or provisions .
SECTION 5. That all ordinances and resolutions and
parts thereof in conflict herewith are hereby repealed to the
extent of such conflict .
SECTION 6. This Resolution shall be in full force and
effect from and after its adoption .
PASSED : April 15 , 1980 .
APPROVED :
Ey: -
M YOR
ATTEST x J t z
CITY C /is
EXHIBIT "A"
AMENDMENT TO AMENDED AND
SUBSTITUTED LEASE AND AGREEMENT
THIS AMENDMENT TO AMENDED AND SUBSTITUTED LEASE AND
AGREEMENT, hereinafter referred to as "Lease" , executed and
entered into this 16th day of April , 1980 , by and between THE
CITY OF LITTLE ROCK, a city of the first class , organized and
existing under and by virtue of the laws of the State of
Arkansas , hereinafter referred to as "Lessor" , pursuant to the
authority of Resolution No. 6,320 of the Board of Directors
of the City of Little Rock, Arkansas dated April 15 , 1980 , and
SAVERS FEDERAL SAVINGS AND LOAN ASSOCIATION, a federal savings
and loan association, organized and existing under and by vir-
tue of the laws of the United States of America, hereinafter
referred to as "Lessee" , which lease amends that certain Amended
and Substituted Lease and Agreement by and between the same
parties dated January 29 , 1979 , filed for record January 29 ,
1979 and recorded as document number 79-03865 of the records of
Pulaski County, Arkansas ;
W I T N E S S E T H
WHEREAS , the legal description of Parcel A of the Leased
Premises as described in Exhibit 1 of that certain Amended and
Substituted Lease and Agreement , above mentioned, is incorrect ;
and
WHEREAS , it is the intent of the Lessor and Lessee to amend
that certain Amended and Substituted Lease and Agreement to
correct the legal description of Parcel A of the Leased Premises
contained in Exhibit 1 thereto ;
IT. IS THEREFORE MUTUALLY AGREED by and between Lessor and
Lessee , for and in consideration of the premises , that the legal
description of Parcel A of the Leased Premises contained in said
Exhibit 1 is hereby amended to read as follows :
PARCEL A
Certain airspace beginning 14 feet 6 inches above existing Iiavement on the following
described property located West of Lot 5, Block 95, Original City, Little Rock,
Arkansas: Beginning at the Southwest Corner of Lot 6, Block 95, Original City, Little
Rock, Arkansas; thence North 6 degrees 48 minutes 24 seconds East 63.4 feet to the
point of beginning; thence North 83 degrees 14 minutes 41 seconds West 60 feet; then
North 6 degrees 48 minutes 24 seconds East 19.0 feet ; thence South 83 degrees 14
minutes 41 seconds East 60 feet; thence South 6 degrees 48 minutes 24 seconds West
19.0 feet to the point of beginning; less and except an undivided one—half interest
therein.
It is further agreed by and between the Lessor and
Lessee that all the terms , covenants and conditions contained
in said Amended and Substituted Lease and Agreement shall con-
tinue in full force and effect except as herein amended.
CITY OF LITTLE ROCK, ARKANSAS
LESSOR
By :
•
ATTEST:
CITY CLERK
SAVERS FEDERAL SAVINGS & LOAN
ASSOCIATION, LESSEE
By :
W. P. GULLFY, JR. , President
ATTEST: •
MILDRED M. ORSBURN, Secretary
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• `
ACKNOWLEDGMENT
STATE OF ARKANSAS)
COUNTY OF PULASKI)
On this day personally appeared before me the undersigned,
a Notary Public in and for the County and State aforesaid, duly
qualified and acting , Webb Hubbell and Jane Czech,
to me well known to be the jyor and City Clerk, respectively,
of the City of Little Rock, Arkansas , and stated that they have
executed the foregoing Amendment to Amended and Substituted
Lease and Agreement for the consideration and purposes therein
mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this 16th day of April , 1980 .
Notary Public
My Commission Expires :
ACKNOWLEDGMENT
STATE OF ARKANSAS)
COUNTY OF PULASKI)
On this day, before me , a Notary Public duly commissioned ,
qualified and acting within and for the County and State afore-
said, appeared in person the within named W. P . Gulley , Jr . and
Mildred M. Orsburn being the President and Secretary respectively
of Savers Federal Savings & Loan Association , a federal savings
and loan association, who stated that they were designated by
said Association and were duly authorized in their respective
capabilities to execute the foregoing instrument for and in the
name and behalf of said Association , and further stated and
acknowledged that they had so signed, executed and delivered said
Amendment to Amended and Substituted Lease and Agreement for the
consideration , uses and purposes therein mentioned and set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this day of April , 1980 .
Notary Public
My Commission Expires :
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