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HomeMy WebLinkAboutapplicationJOE WHITE & ASSOCIATES, INC. CIVIL ENGINEERING - CONSULTING SERVICES - LAND SURVEYING January 18, 2022 Mr. Monte Moore City of Little Rock Neighborhoods and Planning 723 W. Markham Street Little Rock, AR 72201 RE: Mr. Moore, 12807 Kanis Road Rezoning to C-3 Attached are the application, survey, affidavit and filing fee for the above referenced project. This project contains approximately 2.79 acres and is located on Kanis Road near the intersection with Point West Drive. The parcel to the east is currently zoned C-3. The owner of the property has it under contract and would like to rezone the property to C-3 to match the existing zoning to the east. Please place this item on the next available Planning Commission agenda. Please do not hesitate to call if you have any questions or require additional information. Your help in this matter is greatly appreciated. 25 RAHLING CIRCLE, SUITE A-2 LITTLE ROCK, ARKANSAS 72223 PHONE: (501) 214-9141 City of Little Rock of LITTLE RD Department of Planning and Development C; �� �¢ 723 West Markham Street Little Rock, Arkansas 72201-1334Ek s i,...:.. Phone: (501) 371-4790 Fax: (501) 399-3435 www.littlerock.gov PLANNING &DEVELOPMENT APPLICATION rOR A LAND USE AMENDMENT Application is hereby made to the Little Rock Board of Directors, through the Planning Commission, pursuant to the provisions of Act 186 of 1957, as amended, petitioning to change the Land Use classification of the following described area: Legal Description: Street Address: Title to this property is vested in: Property owner (print) If an individual other than the title owner(s) files this application, attachment of form "Authorization of Representation Affidavit" is required for each owner. It is desired that the boundaries shown on the Land Use Map be amended and that this area be reclassified from the present S C) classification to � classification. Present use of property: VAL�Gin !9 �►`�` t 4 �a< Proposed use of property: C D �+ep6jt^ 1 (to verify requested classification is appropriate) \AIIA Owner/Agent (Printed Name): �n� YYYIi Je ��G[�LL71L Owner /Agent Street, City, State, & Zip: Z LOkrJMeI n Owner /Agent Phone Number: Owner /Agent Email: j�AY l�l ►t r1C e o�P u91+�� 0��4� �J • �� DO NOT FILL IN -FOR STAFF USE ONLY PLANNING COMMISSION DOCKETED FOR CASE FILE # LU PLANNING COMMISSION ACTION: APPROVED: DENIED: DATE: DOCUMENTING OFFICIAL SIGNATURE: FILING FEE: $ BOARD OF DIRECTORS ACTION: APPROVED: DENIED: DATE: ORDINANCE #: DATE: LUPLAN2020.docx Page 2 of 3 revised 5/8/2020 72zz3 N U 44 CA U U cct c S� N cd cd a �O v +'C3 N U U° o o bn M cd (D a 0 O y O 42 �. M •� o C3 �(D tip CY) M ° ° °° u o �; cd ° (D ed a� 41 w o o \ JCncd U jmj lo cad a 00 U 3 !J U �" SUS" sU M 1 4:;Cd O coo ct � o cn �� ° � �y cd N O v° d '° N O n Q rA N O V o c� pa d Q. wo' H H U a w 3' bn N UO w M z w Q w Q W d Q w Q J bn 0 N U � U F--i DocuSign Envelope ID: BE12E542-9171-4CFD-AB7D-8F1A77F930DB OFFER AND ACCEPTANCE Date: December• 3, 2021 BUYER and SELLER: PROPERTY: Maunish Shah or assigns, ("Buyer") submits this offer to RaML rM Properties, LLC, (the "Seller"), to buy the +/= 2.85 acres of land and all improvements situated thereon, located at 12807 Kanis Road in Little Rock, Arkansas ("The Prope`ty") and more particularly as shown and described on attached Exhibit A, 2. PURCHASE PRICE: Buyer will Property (the "Purchase Price"), _ 3. INTENTIONALLY DELETED 4. SELLER'S ENVIRONMENTAL PROPERTY DISCLOSURES: Seller hereby represents and warrants to Buyer that to the best of Seller's knowledge and belief: A. The Properly is not the subject of any administrative or judicial notice or action relating to asbestos, polychlorinated biphenyls, dioxin or other hazardous, toxic or contaminated substances or environmental waste; B. Seller has not received any notice of any claim or assertion that the Property is in violation of any enviromnental protection law, rule or regulation. C. No hazardous or toxic substance has been stored, processed or disposed of on the Property while Seller has owned the Property and Seller has no actual knowledge of such prior to Seller acquiring title. D. No underground storage tanks are located on the Property and Seller has no actual knowledge of storage tanks ever having been located on the Property. 5. INSPECTIONS AND REPAIRS: Buyer certifies that Buyer has inspected or will inspect, personally or through its representatives, the Property, and that Buyer is not relying upon any warranties, representations or statements of Seller or Seller's agent as to the age or condition of the Property or improvements thereon, other than those expressly set forth herein, if any. 6. RISK OF LOSS: The risk of loss or damage to the Property by fire or other casualty occurring up to the time of Buyer's closing is assumed and retained by Seller. 7. SURVEY: Within THREE 3 days after the Acceptance Date hereof Seller shall furnish to Buyer a copy of all surveys of the Property currently in Seller's possession or control. In addition, Buyer may procure a new ALTA Certified Survey of the Property, satisfactory to Buyer and certified to Buyer, at Buyer's expense. Half of the cost shall reimbursed by Seller at Closing, up to $1,200 00 (the "Survey"). 8. TITLE INSURANCE: Within FOURTEEN (14) days after the Acceptance Date hereof Seller shall furnish to Buyer and to the Surveyor, at Seller's cost, an ALTA commitment for an owner's policy of title insurance for each property in the amount of the Purchase Price, naming Buyer as the proposed insured and noting thereon (but not insuring) the current zoning classification of the Property, together with legible and complete copies of each special exception noted on or referred to in such commitment (such commitment and exception documents being collectively referred to as the "Title Commitment"), issued by a title company acceptable to both Buyer and Seller (the "Title Company"), which is a company that is authorized to insure title to real property in the State of Arkansas. Within SEVEN 7 days after Seller delivers both the Title Commitment and the Survey to Buyer, Buyer shall deliver written notice to Seller of any exceptions set forth in the Title Commitment to which Buyer objects, and of any deficiencies in or objections to the Survey. Buyer's notice to the Title Company (regarding the Title Commitment) and/or the Surveyor (regarding the Survey), copied to Seller, shall also constitute proper notice to Seller of objections. If Buyer does not timely raise objections to the Title Commitment or Survey they shall be deemed accepted by Buyer. Within SEVEN (7) days after Buyer's delivery of notice of objections to the Title Commitment or the Survey, if any, Seller may cure such objections or have the exceptions waived, removed or, when appropriate and acceptable to Buyer, insured over, by the Title Company agreeing to issue a policy consistent with a revised title commitment, or via endorsement thereto, and by Surveyor correcting, completing or modifying and recertifying the Survey. If Seller fails to timely have such objections and/or exceptions waived, removed, corrected or insured over, or within that period of time, Seller delivers written notice to Buyer that it will not so cure, then Buyer shall have the option, by giving written notice to Seller, to: (a) terminate this contract; or (b) purchase the Property subject to such objections and exceptions with an appropriate reduction in the Purchase Price as negotiated and agreed to by Seller and Buyer; or (c) agree to extend the closing date for up to THIRTY (30) days to give Seller additional time to cure such objections. 1 Allied Drive, Suite 1500, little Rock, AR 72202 0ost Office Box 3546 1 Zip 72203 DocuSign Envelope ID: BE12E542-9171-4CFD-AB7D-8F1A77F930DB If Buyer fails to timely deliver a notice indicating option (b) or (c) above Buyer will be deemed to have elected option (a) and this contract shall be null and void and, and the parties hereto will have no further rights or obligations hereunder. Seller agrees to cooperate in all respects with the Title Company, both before and after closing, and to promptly provide to the Title Company such documents and information (including social security number or federal tax identification number, as appropriate) as may be reasonably requested to facilitate the closing. Seller shall furnish to Buyer the owner's policy of title insurance consistent with the accepted Title Commitment as soon as practicable after closing and in all events within thirty (30) days after closing. 9. INVESTIGATION PERIOD: Within FIVE (5I days after the Acceptance Date hereof Seller shall deliver to Buyer, to the extent in the possession of or available to Seller or Seller's agents, representatives, employees or contractors, all: (1) leases, subleases and other occupancy agreements pertaining to the Property, together with a current rent roll indicating rent payment and security deposit status (if the Property is leased to tenants whose terms will continue 30 or more days beyond the closing), (2) service and maintenance agreements for the Property, (3) warranties for fixtures and equipment that comprise any part of the Property which is to be sold hereunder, (4) other material contracts incidental to the ownership or operation of the Property, and (5) engineering, environmental and other studies with regard to the Property. Buyer shall have NINETY (90) days after Seller's Acceptance (the "Investigation Period") to review such materials and conduct such further examinations of the Property, studies, tests and any other inspections and analysis as Buyer shall deem necessary or desirable (including the roof, foundation, parking lots, heating, ventilation and air conditioning systems, plumbing systems, electrical systems and other infrastructure and improvements) to satisfy itself as to such matters which Buyer, in its sole and absolute discretion, considers relevant to its decision to purchase the Property. Seller agrees to have utilities connected and turned on for the entire Investigation Period for Buyer's inspections. Seller expressly grants Buyer authority to meet with Seller's Property Manager during said Investigation Period. Seller further grants Buyer and its engineers, representatives and consultants, a license to go upon the Property and conduct such tests and explorations as are reasonably deemed necessary by Buyer. In the event Buyer, its engineers, representatives and consultants, need access to the interior of the Property in order to conduct such investigations Seller shall grant Buyer such access at reasonable times so as not to unreasonably disturb any current occupant of the Property; Buyer agrees to use good faith efforts to be considerate of any current occupant of the Property so as not to disturb or inconvenience them incre than necessary. Buyer shall have the option to extend the Investigation Period for a thirty 30 -day period with a non-refundable deposit to the title company in the amount of $5,000 within two business days of extension, to be applied towards purchase price at Closing. Buyer shall obtain satisfactory financing for purchase of the Property, at Buyer's sole discretion, during the Investigation Period. Should Buyer elect to terminate this contract for any reason whatsoever on or before the end of the Investigation Period, then Buyer may, at its option, do so by giving Seller written notice of termination. If Buyer does not deliver, on or before the expiration of the Investigation Period, either a notice of termination or a notice removing this investigation contingency, this contract shall be deemed null and void. 10. PROBATIONS: Taxes and special assessments due on or before closing shall be paid by Seller•. Any deposits and pre- paid rent on rental property are to be transferred to Buyer at closing. Current general taxes and special assessments, rental payments and any interest on assumed loans shall be prorated at closing unless otherwise specified herein. 11. CLOSING: Closing shall occur at such time as is mutually agreed by the parties hereto, provided that the date shall be no later than TEN (10) days after the later to occur of: (a) the expiration of the Investigation Period and any extensions thereof and (b) the satisfaction of all special contingencies and conditions hereto, unless such requirement is waived in writing by both parties hereto and a new date is substituted therefor. Closing shall occur at the Title Company's office. Unless otherwise agreed by Buyer and Seller, transaction costs will be paid by the party indicated below: Seller: Title examination or search fees, Buyer: Premium for mortgagee's policy of title insurance, Premium for owner's policy of title insurance, Recording fees, IRS notification form, Preparation for loan documents, Preparation of conveyance documents, One-half of escrow fees, One-half of escrow fees, One-half of documentary stamps, One-half of documentary stamps, Other charges customarily paid by buyer. Other charges customarily paid by seller. 12. CONVEYANCE: At closing, Seller shall deliver title to each Property through a duly executed and recordable general warranty deed, conveying to Buyer• good and marketable fee simple absolute title to tine Property, subject only to the matters listed as exceptions, either standard or• special, in the Title Commitment, which exception is not timely objected to or is deemed approved or waived by Buyer under the terms of this contract. Seller shall further deliver to Buyer, at closing, (a) an affidavit certifying that no labor, materials or services have been furnished to or for the benefit of the Property within one hundred twenty (120) days prior to closing, other than those which have been listed in the affidavit of title and have been paid in full by closing with such affidavit having attached thereto receipts evidencing all such payments; (b) all architectural plans and specifications for the Property that are in the possession or control of Seller or its agents or representatives; and (c) all licenses and permits necessary to the operation of the Property, to the extent they are assignable. 1 Allied Drive, Suite 1500, Little Rock, AR 72202 Post Office Box 3546 1 Zip 72203 DocuSign Envelope ID: BE12E542-9171-4CFD-AB7D-8F1A77F930DB 13. POSSESSION: Possession of the Property shall be delivered to Buyer at closing, including all keys, entry codes and other means of access. 14. ATTACHED FIXTURES AND EQUIPMENT: Unless specifically excluded herein, all fixtures and equipment, if any, attached to the Property are included in the Purchase Price. 15, AGENCY: LISTING AGENT FIRM AND SELLING AGENT FIRM ARE THE SAME AND REPRESENT BOTH BUYER AND SELLER: Seller and Buyer hereby acknowledge and agree that the Listing/Selling Agent Firm and all licensed personnel associated with the Listing/Selling Agent Firm are representing both Buyer and Seller in the purchase and sale of the above referenced Property and that Listing/Selling Agent Firm has been and is now the agent of both Seller and Buyer with respect to this transaction. Seller and Buyer have both consented to, and hereby confirm their consent to agency representation of both patties. Further, Seller and Buyer: • agree that the Listing/Selling Agent Firm shall not disclose to either Buyer or Seller any personal, financial or other confidential information concerning the other party without the express written consent of that patty. This restriction does not include information actually known by Listing/Selling Agent Firm which must, at Listing/Selling Agent Firm's discretion, be disclosed. • acknowledge notification that when Listing/Selling Agent Firm represents both parties, a conflict of interest can arise, and Seller and Buyer further agree to forfeit their individual right to receive the undivided loyalty of Listing/Selling Agent Firm. It is understood, however, that Listing/Selling Agent Firm is obligated to treat each party fairly and equitably. • waive any claim now or hereafter arising out of any conflicts of interest from Listing/Selling Agent Firm representing both parties. Buyer and Seller acknowledge the Listing/Selling Agent Firm disclosed that the Listing/Selling Agent Firm represents both parties in this transaction, and Buyer and Seller have given their consent to this representation before entering into this Offer and Acceptance. 16. MERGER CLAUSE: This contract, when executed by both Buyer and Seller, shall contain the entire understanding and agreement between Buyer and Seller with respect to the Property and shall supersede all prior or contemporaneous agreements, representations, discussions and understandings, oral or written, with respect to such matters. This contract shall not supersede any agency agreements entered into by Buyer or Seller and Listing Agent Firm or Selling Agent Firm. 17. TIME IS OF THE ESSENCE: Buyer and Seller agree that time is of the essence to this contract and any failure to perform within the time specified shall constitute a breach hereof. All times stated herein shall mean Central time. 18. ATTORNEYS' FEES: In the event this contract is breached by either party and the other party hereto subsequently obtains legal counsel to enforce the contract or obtain any remedies to which the non -defaulting party may be entitled, the defaulting party agrees to pay the attorneys' fees and court costs of the non -defaulting party, whether or not litigation, arbitration, mediation or some other form of action is instigated. 19. COUNTERPARTS: This contract may be executed in one or more counterparts, each of which shall be regarded as an original hereof but all of which together shall constitute one and the same instument. 20, NOTICE: Any time notice is required or pennitted hereunder, notice to Buyer's real estate salesperson or attorney shall be deemed notice to Buyer and notice to Seller's real estate salesperson or attorney shall be deemed notice to Seller. Notice may be given by (a) personal delivery, (b) first class U.S. Mail, (c) Federal Express or any other reputable form of mail or courier service, or (d) electronic mail if: (i) the sending party is able to confirm receipt and (ii) no more than ten (10) letter or legal size pages (and no larger pages) are being sent, with bigger deliveries to be sent only by method (a), (b) or (c). Notices shall be deemed delivered on the earlier of when received or three (3) business days following deposit into the mail. Notices for Buyer should be emailed to Buyer's agent at: Bill Pendereistna Colliers.com Notices to Seller should be entailed to Seller's agent at: Justin Bentleya.Colliers.com 21. ASSIGNMENT: Buyer may assign its rights under this contract provided Buyer will remain obligated under the terms hereof as though no assignment had occurred until the completion of the closing to either Buyer or its assignee. 22, SPECIAL CONTINGENCIES: Seller shall sign an eighteen (18) month lease at $10/SF, absolute net, with a one-year option to renew upon the same terms and conditions. remises, but Seller shall replace the door with a new one. Existing door with stickers does not convey with the P 1 Allied Drive, Suile 1500, Little Rock, AR 72202 Post Office Box 3546 I Zip 72203 DocuSign Envelope ID: BE12E542-9171ACFD-AB7D-8F1A77F930DB Colliers This offer is executed by Buyer on December 3 2021 and shall expire unless accepted in writing by Seller at or before 4:00 PM Central time on December 7 2021 with such acceptance being promptly thereafter communicated to Buyer, Colliers Arkansas, Inc. _ dba Colliers / r r4�. � � I B c�1d m4h Shah or assigns Selling Agent Firm —��-- Mark A. Bentley, C,¢o/o'coslgnedby; '1 Principal Broker Y• 6d p1'IA'�1,VY�l�f Narric: F 7d��1�"S�h Shah Y7VTH V P@.'Iffiraist, Selling Agent Title: The above offer is accepted by Seller on December 6, zo2t tlt 10:30 Date"). At closing, Seller agrees to pay a sales commission as per a separate —�7PM Central time (tile "Acceptance agreement, Colliers Arkansas, Inc. db0liiers Listing Agent Firm � 7, Justin Bentley Listing Agent Mark A. Ben Principal Broker I A111nA Dnvn Su,ln ISrN1, L,Ipr Rock. AR 7i202 Pntl olficn ao� a5•I� I liry 72207 �Ilcr: Raymegan P By: Name: V a-{�j�_x3• � ,��� Title:�1/ht �, �-- Colliers l I �t �PTfi 4`F T F2dOr1 nair •'Par ttirlk'lt)<, I1 fl 1_ Iti��fti . I �ifcPlF1'I) 1Nc 'fi. rr add I 11 1� Pos 1 F I 1r ,i 11 r k; — I ,� , - N - PIP I - •T i N- I.riuJtill'r�" .�t.Yf add aft I �L I r•. I __ rlil I t, a. _ .a�_a�,f;;; r �r� L I I III •rf � T�[� )rz rn , r a: r Poe Is ad I _—{ t 2ao; Aid Pr rr ! 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