HomeMy WebLinkAbout15598 1 RESOLUTION NO. 15,598
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3 A RESOLUTION TO APPROVE THE SETTLEMENT OF STATE
4 LITIGATION; AND FOR OTHER PURPOSES.
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6 WHEREAS, on October 14, 2020, the Optimist Club of Rosedale, Arkansas ("Optimist"), filed a
7 lawsuit in the Circuit Court of Pulaski County, Arkansas. This litigation was officially styled Optimist
8 Club of Rosedale, Arkansas,60CV-20-5723; and,
9 WHEREAS, it is recommended that the settlement be approved.
10 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
11 OF LITTLE ROCK,ARKANSAS:
12 Section 1. Cell Tower Revenue. The City of Little Rock, upon execution of Settlement Documents,
13 shall transfer to the Optimist Club all Cell Tower Revenue the City has received from the SBA Properties,
14 LLC, lease dated September 24, 2018. The parties agree that the City of Little Rock will continue to
15 collect the monthly SBA Cell Tower Revenue, which it will then transfer to the Optimist Club on a
16 monthly basis so long as the Optimist Club remains in good standing with Optimist International.
17 Section 2. Optimist Room/Banquet Hall. The Parties agree that the Banquet Hall shall be the room
18 that the Optimist Club uses for its meetings. The parties agree that the Optimist Club has priority to use
19 the room for its meetings, workshops and other scheduled activities. The City will limit access into the
20 room while the Optimist Club is conducting its meetings unless emergency access is needed.
21 Section 3. Repairs. The Optimist Club agrees to open an account for the purpose of repair and
22 upkeep of the kitchen. The Optimist Club agrees to be responsible for one-half of the expense of kitchen
23 repairs, so long as the Optimist Club is consulted and the Optimist Club and the City agree on any
24 proposed repairs.
25 Section 4. Kitchen. The parties agree that the Optimist Club has use of the kitchen when conducting
26 meetings or engaging in Optimist activities. The Optimist Club can choose to have their own refrigerator
27 that has the ability to lock,and shall be permitted to install such a refrigerator at their own expense.
28 Section 6. Restroom. The parties agree that the Optimist Club has restroom facilities within the
29 West Central Community Center that they may use during their meetings and project activities.
30 Section 7. Parking. The parties agree that the Optimist Club has sufficient parking on the east side
31 of the building unless they are having a District Meeting. In the event of a District Meeting, the Optimist
32 Club shall notify the Facility Manager, or the Parks & Recreation Department, for the need to make •
33 necessary arrangements to accommodate District Meeting.
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1 Section 8. Attorney Fees.The parties agree that the City of Little Rock shall reimburse the Optimist
2 Club's Attorney Fees in the amount of Six Thousand, Six Hundred Fifty Dollars ($6,650.00); and the
3 expense shall be charged to AU 101002-62010
4 Section 9. Authorization of the City Attorney to Approve Settlement Documents. The Settlement of
5 the Litigation, and the fulfillment of the requirements set forth in this Resolution, shall be accomplished
6 after the City Attorney has approved the legal form and substantive content of any documents, necessary
7 to fulfill the terms and conditions of the settlement of the litigation.
8 Section 10. Authorization of the Mayor, City Manager, City Clerk, and City Attorney. The Mayor,
9 City Manager, City Clerk and City Attorney, are authorized to execute and sign any and all documents, in
10 compliance with Section 9 of this resolution, necessary to fulfill the terms and conditions of the
11 Litigation.
12 Section 11. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
13 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or
14 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and
15 effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the
16 resolution.
17 Section 12. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent
18 with the provisions of this resolution, are hereby repealed to the extent of such inconsistency.
19 ADOPTED: December 21,2021
20 r� zw' APPROVED:
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23 usa an. • ill Clerk rank Sc tt, .,
24 APPR I ` D AS TO LEGAL FORM:
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26 r I Ada." `.i I A. /
27 Thomas M. Carpenter, ity Attof ey
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