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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 That all ordinances and resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict .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 -2- • ` 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 : -3-