13766 2013065297 Received: 9/512013 8:08:51 AM
Recorded: 09,0512013 08:16:22 AM Filed &
Recorded in Official Records of Larry Crane.
1 RESOLUTION NO. 13,176a S3 l,p COUNTY CIRCUIT/COUNTY CLERK
2
3 A RESOLUTION TO AUTHORIZE THE MAYOR TO EXECUTE AN
4 AMENDMENT TO THE FRANCHISE AGREEMENT WITH THE
5 OWNER OF LOT 38, CEDAR HILL TERRACE, TO CHANGE THE
6 PAYMENT SCHEDULE AND TO ADD CERTAIN CONDITIONS FOR
7 TERMINATION OF THE FRANCHISE; AND FOR OTHER PURPOSES.
8
9 WHEREAS, the City entered into a franchise agreement with Jim Shue, the owner of Lot 38,
10 Cedar Hill Terrace, which abuts Allsopp Park, to allow a driveway from his home across the edge of
11 Allsopp Park to Cedar Hill Road under certain strict conditions, including stabilization of the slope,
12 provision of natural landscaping on each side of the driveway in keeping with the existing greenery in the
13 park; and the provision of significant monetary payments for three thirty(33)-year periods; and
14 WHEREAS, Shue paid $15,000 for the first thirty (30)years of the franchise and adhered to the
15 other conditions of the franchise; and
16 WHEREAS, Lot 38, Cedar Hill Terrace is now owned by John Garner, a person who obtained
17 the property from Shue's successor,and who is not related to Shue; and
18 WHEREAS, Garner is interested in selling his Cedar Hill Terrace property and is seeking an
19 amendment of the franchise agreement to allow the home to be sold more easily; and
20 WHEREAS,Garner is willing to pay on an expedited basis the $20,000 payment due in 2020 and
21 to make advance payment of yearly nominal franchise fees for the next seventy-five (75)years, as well as
22 to adhere to the other conditions of the existing franchise agreement and the additional conditions of
23 termination imposed by the proposed amendment; and
24 WHEREAS, the Board of Directors has determined that it is in the City's best interests to
25 approve an amendment to the franchise agreement.
26 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
27 CITY OF LITTLE ROCK,ARKANSAS:
28 Section 1. The mayor is hereby authorized to enter into the attached Amendment to Franchise
29 Agreement with John E. Garner to allow a driveway within Allsopp Park under certain conditions stated
30 in the amendment.
31 Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase,
32 or word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or
33 adjudication shall not affect the remaining portions of the resolution which shall remain in full f '
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1 effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the
2 resolution.
3 Section 5. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent
4 with the provisions of this resolution, are hereby repealed to the extent of such inconsistency.
5 ADOPTED: September 3,2013
6 ATTEST: APPROVED:
7
8 owls:.
9 .us• La gley,City Clerk Mark Stodola,Mayor
10 AP RO DASTOLEGALFORM:
11
12 i de 441)4,17...---__
13 Thomas M. Carpenter,City Attor1y
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[Page 2 of 5]
1 AMENDMENT TO FRANCHISE AGREEMENT
2
3 WHEREAS, on December 12, 1990, the City of Little Rock ("City") entered into a
4 Franchise Agreement with Jim Shue ("Shue"),then the owner of Lot 38, Cedar Hill Terrace, City
5 of Little Rock, Arkansas ("Lot 38"), being shown on the plat of record in Plat Book 9, Page 94 of
6 the records of Pulaski County, Arkansas; and
7
8 WHEREAS, Lot 38 lies east of and adjacent to the south ravine of Allsopp Park, which is
9 adjacent to Cedar Hill Road; and
10
11 WHEREAS, the franchise provided by the City pursuant to the Franchise Agreement
12 allowed Shue to utilize a small portion of Allsopp Park along the east edge of the park,
13 comprising approximately 3,868 square-feet as shown on Attachment A of the Franchise
14 Agreement, for a driveway from his Lot 38 residence to Cedar Hill Road under certain
15 conditions and with certain periodic payments; and
16
17 WHEREAS, in December, 1990, Shue made an initial payment of$15,000 for the first
18 thirty (30) years of the above-described franchise and adhered to the other conditions of the
19 Franchise Agreement, including those pertaining to stabilization of the site and the provision of
20 natural landscaping appropriate for proximity to Allsopp Park on each side of the portion of the
21 driveway lying between the Lot 38 residence and Cedar Hill Road; and
22
23 WHEREAS, according to the Franchise Agreement, a payment of$20,000 for the second
24 thirty (30)-year increment of the franchise will be due December 12, 2020, and a payment of
25 $25,000 will be due for the third thirty (30)-year increment on December 12, 2050; and
26
27 WHEREAS, Lot 38 is now owned by John E. Garner, who obtained it through a Trustee
28 Deed recorded in Pulaski County Circuit and County Clerk records as document No.
29 2013004530 filed on January 16, 2013, and Garner would like the City to review the Franchise
30 Agreement so as to not dissuade potential buyers of the property; and
31
32 WHEREAS, the City is willing to enter into an amendment to the Franchise Agreement
33 to modify its terms while still protecting the City's interests.
34
35 NOW, THEREFORE, in consideration of the mutual promises contained herein, the
36 parties hereby agree as follows:
37
38 1. The undersigned John E. Garner ("Garner"), as current owner of record for Lot 38, is
39 recognized as having succeeded Shue and Shue's successor as the holder of the
40 franchise provided through the Franchise Agreement.
41 2. Section 2 of the Franchise Agreement shall be deleted and replaced with the
42 following sentence: The remaining term of this franchise shall be for seventy-five
43 (75) years from the date the Amendment to Franchise Agreement is signed, unless
44 otherwise terminated pursuant to paragraph 7 or paragraph 9 of the Franchise
45 Agreement. Any extensions of the Franchise Agreement shall be by mutual
46 agreement of the parties.
[Page 3 of 5]
1 3. Section 3 of the Franchise Agreement is deleted and replaced by the following
2 language: As consideration for this franchise, Garner agrees to pay to the City on an
3 expedited basis and the City agrees to accept, the second periodic payment for the
4 franchise that Shue was to pay, which amounts to $20,000, with payment due no later
5 than October 31, 2013. Thereafter, a payment of$1.00 per year shall be due for the
6 remainder of the term of the franchise, which total amount shall also be paid in
7 advance by Garner by the same date. Consideration for any term after this term
8 expires shall be renegotiated by the City and the holder of the franchise, and it is the
9 intent of the parties that the franchise payment during any renewal term shall be at a
10 nominal cost so long as Lot 38 continues to be used as a residence.
11 4. A new section 9 to the Franchise Agreement, titled "Destruction; Revocation", shall
12 be added as follows: If at any time during the initial term of the franchise, the
13 residence on Lot 38 is destroyed by at least 50% or is condemned as unfit for human
14 habitation, the franchise provided through the Franchise Agreement shall terminate, it
15 being understood that a significant rebuilding of the residence would entail a
16 reconfiguring of the driveway to avoid placement of any part of it on Allsopp Park
17 property. In such case and at such time, as with any revocation of the franchise, the
18 owner of Lot 38 shall be responsible, at the owner's sole cost, for the expeditious
19 removal of the driveway and for landscaping and returning the site to a natural state
20 consistent with the adjacent park property. If at any time during a term of the
21 franchise, whether initial or renewal, the structure on Lot 38 is used for any other
22 purpose other than as a residence, the franchise shall be deemed revoked.
23 5. All other terms and conditions in the Franchise Agreement shall remain in effect
24 during the remainder of the seventy-five (75)-year term.
25
26 IN WITNESS WHEREOF, the parties have executed this Amendment to Franchise
27 Agreement this day of , 2013.
28
29
30
31 CITY OF LITTLE ROCK FRANCHISEE
32
33
34 By:
35 Mark Stodola, Mayor John E. Garner
36
37
38 ATTEST:
39
40
41
42 Susan Langley, City Clerk
43
Page 4 of 51
1
2 ACKNOWLEDGMENT
3
4 STATE OF ARKANSAS )
5 )ss:
6 COUNTY OF PULASKI )
7
8 On this day before me, a notary public, personally appeared Mark Stodola, who
9 acknowledged himself to be the Mayor of Little Rock, Arkansas, and Susan Langley, who
10 acknowledged herself to be the City Clerk of Little Rock, Arkansas, and that they, as such Mayor
11 and City Clerk, being authorized so to do, executed the foregoing instrument for the
12 consideration and purposes therein contained.
13
14 IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this
15 day of , 2013.
16
17
18 Notary Public
19 My Commission Expires:
20
21
22 (SEAL)
23
24
25
26 ACKNOWLEDGMENT
27
28 STATE OF ARKANSAS )
29 )ss:
30 COUNTY OF PULASKI )
31
32 On this day before me, a notary public, personally appeared John E. Garner, who
33 acknowledged that he had executed the foregoing instrument for the consideration and purposes
34 therein contained.
35
36 IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this
37 day of , 2013.
38
39
40 Notary Public
41
42 My Commission Expires:
43
44
45 (SEAL)
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