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HomeMy WebLinkAboutS-1571-A Application06-15-' 07 09: 27 FMM-PENDER 4, MCCASTLAIN 501-312-2021 T-059 P01,'24 U-130 4001 Rodtey Parham Rd., Bldg. 1, Suite 101 Little Rock, AR '72212 ................... Phone: (501) 221-0101 ,r e t.. N a ....... FAX.: (501) 221 2392 C. o m p u ,n y jpeo.der(apmppa.cotn FAX TRANSMITTAL Date: June 15, 2007 Time: 9.08 AM Pages including this cover page: 23 To: Donna Company: City Planning_ Commission Fax: 399-3435 From: Sherrie Berry Company: First 1Natioual Title Company Phone: 01221-0101 - -- Fax: (501) 221-2392 RE: Case No. 0706-179-JP SUBJECT- Arkansas Riverview Development Donna, Follows find the Bill of Assurance for Vinson Plaza- Please note that Bonnie Eng-ster, the notary for Mr. Stodola and Ms. Wood, camp leted the wrong acknowledgment. Nichule Lovell's office is cantacting them to get it correeted and we should bane it soon. If you require say further iaformation, please do not lbesitate to contact me. TdaulC you. Sherrie ZIPORTANT NOTE: Should any of these papers require an ORIGINAL SIG NkruRF, kiease take a x��ts►x COPY B]E F[]RE SIN4YC• We will not accept an Original Signature oa FAX paper. Thank you for your cooperation In this matter. TKIS MESSAQE IS INTENDED ONLY FOR TY.E L'SE OF TiI I\DIViDUAL OR EN-17Y TO RICH 17 15 ADDRESSED, A.yD MAY CCNT.3N (NF0R1ti:AT[0)4 THAT IS Pn;rEikGF.D OR COVPIDEW)AL, 1F I'tll: P&%DFR .Of THIS KES5Alab SS ?NOT THE NTENDED RECMENT, OR THE 961PLMEE OR .1UM RESPONSIBLE FOR MUVERTNG THE idF5S+3F TO 144k INTEVDED REL'i M47, YOU ARE HEREBY 40TLFap ?FLIT AWY D'SSEIANATION, 0)STRI3ir1=0?d OR COPYWC, [Y.-' rMS CON, 4UNICATION !S STRICTLY iRONIMTED. IF ME: HA'+5 RcAD T1,0 COMMtNtiUMVON W V4&DR, PLEASE tiCYifiY US 441EDIATELx BY TEL5PHONE AND RE-TEMN TIM GKONAL MEd45AJ05 TO L18 AT r'fE ABOVE ADDRESS VIA THE CI.c, POSTAL SERVICE- -15-' 0 i 09: 27 Fhr l-PE1Ji�ER �: Mr1;�, ILA 501-312-2021 T-05'9 Pa'2 "24 U-130 Ibis huv zzprepeW by Thomas na razMAa OFr1Ci UE —am CITY Arr WEY 360 A4st Mwkgxa ,Suit; 310 Little K00L, AxW=i 72201 (501) 375•6875 Hat Anph Kcnp. P.A. A=aey At Law Swte 1300. 111 Oceff Stec[ Link R0* 1d9.mea "2201 (501) 372-7243 D. NmIc LurHl 9M IANO k ANUMON PLC fweaty-%,a and nM7 t I ceo:tx Stsn Little R*4: t,6an, u M01 (501) 372-ma BILL OF ASSURANCE KATQW ALL I ENE BY THESE PRESErM. WHEREAS, the City of Tittle Bock, Pirkansas, a city of the first class and an Arkansas municipal corporation (herein referred to as the "City"), with the intention of encumbering the hereinafter described lands with the conditions, covenants, restrictions, easement and agreements herein set forth and in order to establish privity of estate to ensure that Arkansas Riverview development, LJ...C, its successors or assigns, shall bave and retain the right to enforce the conditions, covenants, restrictions, easement and agreements herein set forth as covenants running with the land, has transferred and conveyed to Vinson Plaza HoldlAgs, LLC (herein ret'err+ed to as "VPH"): The property described on Exhibit A being sounetimes collectively referred to herein as the "City Tract"; and, WHEREAS, Arkansas Riverview development, LLC (herein re'fen-ed to as "ARD"), with the iritentiou of encumbering the hereinafter described lands with the condiion% covenants, restrictions, easement and agreements herein set forth and in order to establish privity of estate to ensure that Arkansas Riverview Development, LLC, its successors or assigns, shall have and retain the right to enforce the conditions, covenants, restrictions, easement and agreerneris Itereirr 13iR of Asmuce.0 06-15-' 07 09, 22 FROM-PENDEF & [UASTI.A?ld 501-312-2021 T-059 P03/24 .I-130 BW of Assurance: set forth as covenants running with the land, has transferred and conveyed to W.N: The property described on )Exhibit B being soinetimes collectively referred to herein as the "ARD Tract"; and, WHEREAS, VPH, as the owner of the City Tract and the ARD Tract and in fiu1herance of the intentions of the City and APLD aforesaid, desires to plat and subdivide the City Tract and the ARD Tract as herebmfter described and imposc the conditions,covenants, restsiotions, CnSciTt.eit ant{ agreonents herein set Iarth on the City Tract and the ARD Tract. N®W 'r HE'REFORE, WITNESSETH: That VFH, an, Arlrar~sas limited liability company, acting by and Through its duly authorized and err-pewered Manager (hereinafter referred to as the "Declarant"), for and Jr). consideration of the benefits to accrue to it, t:, the City, to ARD and their respective succi.;sors wid assisp'W, Ewd for the benefit of each and every and any subsequent or owners of the City Tract and the ARTS Tract, and outer good and valuable consideration, the receipt and sufficiency of all of which consideration is hereby acknowledged, has caused the City Tract and zite ARD Tract to be surveyed and a plat (hereinafter referred to as the "Plat") .made thereof by Paul M. White, a Professional Land Sun-eyor, License Number 1281, and Timothy F. Deters, a Pro&ssicnal Engineer, License Number 5033, said Plat bearing the signative of the said Surveyor and Eneinerr and being of record in the office of the Circuit Clerk and Ex-O icis% Recorder of Pulaski County, AAmnsas, in Mat _ _ and the Declarant does hereby make this Declaration ofRestrictive Covenants and Bill of Assurance. SIR of A.suisace v'I 06-:15-'07 09'28 FRCV-FENDER & MCCASTLAIN 501-312-2321 T-059 PO4(24 'J-130 Bill of .Assurance: IN FURTHERANCL 7l'I EREOF, Declarant warrants and repr;�:sents that it has laid off, replatted and subdivided, and does hermby lay rs£l; plat, subdivide and replat the City Tract and the ARD Tract herein described, in accordance with the aforesaid Plat. The lands embraced in said flat shall be forever known as: Lots 1, 2,3 and 4, Vinson Plaza, an Addition to the City of Little Rock, Pulaski County, Arkansas, as shown on the Plat, grad Tract D and Tract 789, Vinson Plaza, an Addition to The City of Little Rock, Pulaski County, Arkansas, a9 shown 09A the Plat; and any and every deed of conveyance of any lot or tract in said addition describing the same by the tract, lot and block number shows; on said. Plat shall always be deemed a sufficient description thereof Furthermore, any word contained herein shall be read as the singular or the plural and as the rnasculine, feminine or neuter gender as may be applicable in the particular context and the following words shall have the M. canings attributed to them below: (i) " 4didon" means Vinson Plaza, an Addition to the City of Little Rock, Pulaski County, Arkansas as shown on the Plat; (ii) "Lot"or "lot" means aav plot shown, identified and platted by and depicted on the Plat as a Lot. (iii) "Owner" means the revved title holder, whether one or rnme, persons or entities, of fee simple title to any Lot or Tract, but excluding any person or entity merely holding a lien on or security intemst in. a Lot or Tract. (iv) "Tract" or "tract" means any plot shown, identif ed and platted by and depicted on the Plat as a Tract. Moreover, Declarant, for the consideration and benefits aforesaid, covenants, agrees and declares that the Lots and Tracts shall be owned, possessed, held, occupied, developed, platted, subdivided, sold and conveyed subject to the terms, provisions, restrictions, conditions, easements and covenants hereinafter prescribed and contained, each of which and all of which shall be covenants running with the said Lots and Tracts, and each of which shall be binding upon the Declarant, its successors and assigns and asp QFAasuraocc v9 06-15' 07 09 29 FP,OP1-PENDEk in MCC4STLAII4 501.-312-2021 T-059 P05/24 i1-130 Bill of Assurance: upon each, every and any subsequent owner or owners thereof, and any part +.hereof, and their respective heirs, successors and assigns forever, to -wit: ARIFICLE I RESMCT)IONS 1.1. No building, structure or improvement built, wrtstructed or situated on Lot 2 or Lot 3 or any portion of said building, structure, improvement or lot shall be used, occupied, rented or possessed as a hotel, motel or other similar facilin'. 1..2 No building, structure or improvement built, constructed or situated on or vAthin Lot 2 or Lot 3 or any portion of said building, structure, improvement or lot shall be used as a public or private restawattt; cafe, cafeteria, delicatessen, drive-in testaur tit, carry -out restaurant, concession stand or other similar business or entity proAding prepared foods and beverages (including liquor., heer or wine) for on or o$premises coxi tunption (other than a restaurant limited in size, and operation to provide food or beverages only for tenants and owne, occupying a building(s) constructed on Lot2- or 1'-t)t 3 i. 1.3 No building, structure or improvement, including any supporting piers or columns, shall be built, constructed, situated, erected, txmaimained, re -erected or pe►ynitted to remain on or upon Lot 2 or I.ot 3 the total occupied load of which exceeds the capacity of the weight that can be borne by the existing p&Wz►g deck and any e.,Jsting supporting Piers or existing support colutnns. 1.4 A Building as presently contracted /herein the "Existing Tower Building") is situated and located on Lot 2 and Lot 3. The highest seven floors of the Existing Tower Building shall be used only for single tarnily residential purposes or quiet office proposes as quiet office is now d-, uied under the City of Little Rock's zoning ordinances as shown in Exhibit C, or as amended at the time any question wises, provided that no future definition of "quiet office," is rnom restrictive than that contained ie Exhibit C. Said floors shall be used for no other purpose except only those ainenities Mated to the operation of those floors as residential condorninittms or quiet ofFce condominiums, including without limitation a private fitness center or business canter. 1.: 1~ toors three (3) through six (6) of the Existing ToNver Building located on Lot 2 and Lot ; shall,_ be used only for "quiet office" purposes alone as quiet office is now defined under the City cf Little Rock's zoning ordinances as shown in Exhibit C, or as amended at the tinge any question arises, pro-vided that no future definition of "quiet of ice," is snore .restrictive than than, contained in Exhibit C. Said floors shall be.. used fvr Bin iifAsSur9nusv4 06-15-' 07 03;?_9 FROM-.'E-' CTIER 5 ffIG ,S"LAI1a 5t71-312-2321 -059 Y0F/24 J-13@ IRM of Assurance. no other purlsose except only those amenities related to the operation of those floors as quiet office condominiums, including without 1.;rritation a private fitness center or business center. 1.6 Floors one (1) and two (2.) of the Existing Tower Building an located in Lot 4 and shall.be used only as an easement for ingress and egress and for utilities and shall be maintained in their currant locations as an elevator lobby, elevator shaft, and st"a area, for use by the owners, tenants and invitees of the Existing Tower Building, the South Building (as defined in Section 1.7) or any other building constructed on Lot 2 and Lot 3 and for no other purposes. 1.7 In addition to the Existing Tower Building there is constructed and situated on Tit 3 an existing building which will be renovated and expanded to the south (herein refereed to as the "South Building"). ARD shall cause the restrictions set forth in this Section 1.7 to be itichaded in any Master Deed filed in wmiection w-M the formation of a horizontal property re&ne and in addition to the enfvrecernent remedies available haretmder, the Master Deed shalt provide that the City may enforce said restrictions and that no amen' mcnt of these restrictions shall be valid withcant• the conmt of the City. Other thwthe antenna allowed pursuant to Section 1.9 bereof, no television, radio or other electronic antenna or device of any type shall be orected, constructed, placed or permitted to remain on any part of the Existing Tower Building. No wiring or insta lation of air conditioning or other machines shall be installed on the exterior of the Existing Tod3v,r Building or the South Building or be allowed to protrude tbrough the walls or roof of the: Existing Tower Building or the South Building with the excepticm of that installed as part of the initial construction. or renovation of the South Building. No 611uit owner sha11 make any exterior addition, change or 4temtion to the Existing Toa�-,r Building or the South Building. Nothing shall be done in a unit or iaa or to the contmon elements which will or may tend to impair the stnicturai int :grity of any irtpmvel eta in the Existing Tower Building or the South Building or which would siructt mEy alter ary suet, improvement. No doors or Mudows in the Existing Tower BuDding shall be. covered or obstructed, so as to be visible from the extRt7iOr of the Bvildi�ng. All rubbish, trash, Exrbage and other -waste shall be regularly removed t7t -m each unit in the Existing Tower Building or the South Building and s'iaall not be allowed to accumulate therein. 1.8 Lot does not extend beyond 447 feet MSL, and accordingly no building, structure or improvement shall be built, constructed, situated, erected, maintained., re - erected or permitted to remain on or upon Lot 2 that exceeds or extends beyond 447 feet IASL. No building, mactures, facilities, equipment, systems, conaponents or improvements, including but not limited to antenna, dishes, walls, uni s or other iterns, Bill of'Amw=;n _v9 06-15— 07 09 30 FROM-PE14DE-9 & tMD7AS LA11-4 531-312-2021 7_-055 P07/24 iJ--130 Sill of Assurance: shall be built, installed, erected, placed; or attacbed on the roof of the Existing Tower Building on Lot 2 other than the structures, equipment, and other improvelneses located tItea,eoii as of Ma+-ch 8, 2007. The intent of this covenant is to freeze and forever 6x the height and configuration of that ,part of the Existing Tower Building on Lot 2 to the height and configuration existing on Match 8, 2007, and to prevrnt any further structures, equipment or other improvements from being built, placed on or affixed to, or permitted to remain on, the roof of the Existing Tower Building of yr said date. 1.9 No building, structures, facilities, Nuipment, systems, cocuponents or improvements, incluxting but not limited to antenna, dishes. walls, units or other items, shall be built, installed, erecters, placed or permitted to remain on Lot 3 that "me3.s a height of 427 feet (other than the Existing Tower Building and the antenna currently locaated thereon, a portion of which is located on Lot 3), 1.10 Other than routine maintemice and replacement of existing equipment, there shall be no material alteration or change to the exterior of tha. Existing Tower Building or the South Buisditig upon completion of its expansion and renovation (or any part or portion thereof observable from the outside), and there, sbAll be no change to the. exterior color of the Existing ToNver Building or the South Building upon completion of its expansion and renovation, without tl:e prior written consent of the City, which consent shall ))ot be aareasoriably withheld. There shall be no expansion of tfae South Building to the east or to the west of the existing most eastarn or western wall of the existing South Building without the Crier written consent of the City, which consent shall not be unreasonably withheld. ARTICLE 11 OTHER AGREEMENT'S 2.1_ No portion of the Existing Tower Building or the South Building or any portion o�'Lot 2 or 4,ot 3 shall be or remain occupied or used by the o,-wer(s) thereof for the purposes allowed herein unless within the es her of (i) the completion of the renovation of the South Building or (ii) one, (1) year from the date for recordation beteof, the owner(s) of thereof shall cause the HVAC eglaipmerxt and ,Facilities situ.-rted on the roof of the South Building luc:ated on Lot 3 to be screened so that no poAion of the HVAC equipment or facilities are visible from the plaza or Marl:iia,ti Sawa. Noise from the HVAC shall be reduced to the extent reasonably practical consistent with recornnicndadons for ARD's engineers and architects. 2.2 No portion of the Existing Tower Building or the South Building or any portion of Lot 2 or Lot 3 shall be or retnaim occupied or used by the w.-. ne: (s) thereof for Frill,d&,,SUj M,,V9 06-15-'07 09::W FRCV-PENDER & MCCA5TLAIN 501-312-2021 T-059 P08124 TJ-130 B11 of Assurance: the purposes allowed herein runless the owner(s) thereof shall procure and continuously maintaiu commercial general public liability insurance or its contemporary equivalent on an occurrence basis and property damage insurance protecting and indemnifying the City, its Advertising and Promotion Commission and any lessee or operator of the adjacent conyendon hotel, as Additional Insureds, against any and all cl' ms; (including all costs and expenses of defending against same) for bodily injury, sickness, disease or death or for damage or injury to or destruction of property (including loss of ruse) arising out of ownership, maintenance or use of. the Fxxisting Tower Building or the South Building or any building or structure or improvennent constructed or situated on or within Lot 2 or Lot 3, the limits of which insurance shall be not less than $2,500,000.00. The ituTj=ce coverage regwyed to be procured and continuously maintainei by the Owner *.hall be evidenced by Certificates of Insurance issued annually by the Insurer delivered to the City and showing the City, its AdverbsWg acid Promotion Commissiou and any lessee or operation of the adjacent convention hotel as Additional Insureds and all certificates shall provide that they shall not use amended or canceled on less than ?0 nays' prior written notice to all insureds and beneficiaries of the policies 2.3 City will snake available to the owner or the property owners' association of the Ex;Wng Toltver Building located on Lot 2 and lot 3 ten (10) parking spaces rent- free. 2A Tract 789 shalt be used as a parldng deck, and the stuface of the rcxaf thereof (at its current elevation) shall be used only as a park or plaza or for those uses similar or related to a park or plaza, including but not limited to, ingress and egress and landscapisng and public events on the plaza until dune 7, 2026, on and after which date Tract 789 nn.�uy be used for any lawful pin -pose, including but not limited to, a building or other Wuctture. 1.5 'Ile Ortimer of Lot 3, at the Owners expense, shall maintain all the existing brick pavers situated on and being a part of Lot 3 lying east and vest cif tht: South Building as renovated and will replace any brick pavers disturbed or damaged during any Tenkwation or repair. of the South Building acid shall maintain all areas of Lot 3 oafride ulna South Building as open space urdess the City so approves otherwise. in the event that the City no longer utaintains the surface of Tract 789 as a park or plaza, the obligations of this Section 2.5 shall be of no fiz1her force or effect. HI of Awurnm.v9 16--15-'3? ':19 21 FROM-PENDRR 8, MCCASMA`"N 501-312-2321 "-359 P09124 U-1' 0 Bill of Assurance: ARTICLE III EASEME:NUS 3-1 The City does hereby establish, give, grans and convey to ARD, and its successors, successors -in -lade and assigns the right to use the ,cast wall of the adjw ent convention hotel (the " Flmel Building) (tire "East WWI") as the west wall of the Existing Tower Building and +he :ddiit to abut the Existing Tower 1Nildiug w the East Wall, Subject to the terms and conditions expressed herein: (a) the Existing Tosser Building, and pa+'ficularly the partion abura: g the East '4i'all, shall be constructed in a good rind worlcmaa]ike manner in accordance ,.0th all applicable stanites and ordinances. (b) Neither the City nor any lessee or subsequent owner or opemor of the Hole! Building shall be responsible for any preparation or Modification o f the T,:,zt "Vail to enabit, the E.xisti€rg Tower Building to be can�vui;wd, and neither the City nor any lessee of subsequent owner or operator of the Hotel Building warrant or reMsent that the East Wad! ;s adequate for the rnvposes for wluch it is to be used by any Owner or Owners of the GYistiag Tower Building or any other abutting building constructed on or -Allbin, Lot 2 or Lot :3 or their successors and assigns. (c) The Owner of the Existing Towtrr FlUding or any other abutting building constructed on or virithin Lzi 2 or Lot 3, or their successors and assigns, shall .not have any right to create or rnaintain any openings through the East Wall without &,e express written s unw.ot of the City. (d) ARD and each Owner of the Existing Building or any other abutting building comstruotecl on or within. Lot 2 or '[lot x (according to that Owner's pro rasa ownership percentage thereof) or iheir st>,Coessors and assigns shall acid do agree jointly arrd severally (up to that Owner's LJ rata ownership perce*rit�ge), to indertuaify and hold the City, any lessee or subsequent owner or operator of the Hotel Building harmless from any expense, claim, charge or loss of any kind whatever, caused by the ahutmew of the Existing Tower Building or axy oilier abutfwa building ronsmicted on or within Lot 2 or Lot 3 to the East wall, including, tour li sot limited to, any loss or damage to third parties from the construction or use of the East Wall by the owner of the Existing Tower Building or any other abutting building constructed on or wiftu Lot 2 or Lot 3. Bill ofAssw'ncc.v9 36-15-''41"r 09 32 EOM--FENUEY. E; MCC STLA N 531-312--2021 T-059 P11`24 .1-133 2ii,11 mf P�saartiure: (e) In The evert of substantial destiuction of the East Wall by fire or other casualty, neither the City nor any lessee or subseque.-ut owner or operator of the Hotel Building shall be obligated to rebuild the Fast Wall and the rtglxts and the duties of the Owner, of the Existing Tower Building and any other aburting building constntcted on or "thin Lti-t 2 or Lot 3 (except for the indettanity given (d) above which shall swrvive) with respect to the East Vv all shall tenrtinate, However, if the Chy elect5 to replace the East Wall after substantial destruction, or in the evert repairs to the Last Wallbeconic necessary, the casts tltureof shall be borne by the City and the ommers of the Existing Tower Biuldin€. or any other abutting building constructed on or vvithiu Lot 2 or Lot 3 in flee proportion in which the Fast `.Nall is used by them respectively. (f) The City reserves the right to deanolishi wid remove the East wall afi-T gi Ning rwtice in writing to all parties hem -to thirty (30) days in advance of deraol'ition, provided, however, that the City shill do as littic damage as possible to the Existing Tower Building in the demolition turd rernoval of the East Wall, but shall aot be litsbie to the owner of the Lx istiatg Tower BuOding or any other abuttirZ Validitg constructed on or within Lot 2 or Lot 3 fo: any damages essential to the completion of the demolition. When demolition is complete, the rights and duties of tdae City, any lessee or %ubsequent owitt;r or opetaW. of !he Hotel Building, and tare Owner of the Existing Tower Building (except fm the indemnity givers (d) above Which. shall survive) with respect ao the East Walt shall terrilinate. (g) ARD and any OwneY or Owners of the Existing Tower Building and any other abuttiatg building constructed (m or within Lot 2 or. Lot 3, shalt make no further attachments to or altexadoos of the East Wall other than as existing or the date hereof without the prior written um sent of the City. 3.2 The City does hereby establish, &Jve, grant, and canny to the Owner of the Existing Tower iuilding its successors, successors-irz: tile, and assigns, and the tenants, customers, employees, and invitees of such pat -ties, a perpewal non-exclusive ewernent: ,a) Ota the surface of the top of the parking deck, to the extent any portion thereof is located on Lot 4, for support of the %3uil&ng(s) anal for passage and use for the purpose of access, ingress and egiess to slid from Lot 2 and Lot 3. trill OfAoSurwv .A 00-15 ' 07 05; 32 FRUf'1-PE'_Y')ER e, MCA T' AIN 501-312-2021 T-05'3 P11124 L-130 Blll of Assurance: (b) On Lot 1 and Lot 4 for the purpose of maintaining and repairing existing support pillars for the, Existing Tower Buildings and the South Building. (c) • On Lot 4, in The existing locations, for the pisrpose of access, ingress and egress and for utilitites and maintained in its current locations (on Floors 1 and 2) as an elevator lobby, elevator shaft, and storage area, for use by the owners, tenants and invitees of the Existing ToweT Building, the South Building or any Other building constructed on Lot 2 and Lot 3 and for no other purposes. (d) On Lot 4 for the right of access, ingress and egress to the elevator lobby for owners, tenwits and invitees of Lot 2 and Lot 3. 3.3 ARD and each subsequent Owner of Lot 2 and Lot 3 does hereby establish, ova, gram, aced oonvey to the City, its successsnrs, successors-iu-title, and assigns, and the tenants, customers, employees, and invitees of such parties, a perpetual non-exclusive eacenrent on and over all areas of Lot 3 outside the South Building for the repair, replacement and .maintenance of the Parking garage deck located on Lot 4 and for the purpose of access, ingress and egress in the orem outside of the South Building. ARTIti:i.i:` IV RIGHT TO ENFORCE The terries, provisions, conditions, restrictions and covenants herein set forth shall rum, with the Tots and the Tmas wid any poriio.n or pit dwreof"and shall hind She present owner, their beirs, successors and assigns and any person, natural or artificial, brreuLafter owning any of the -unit. Declarant and any subsequent Ovoicy sha)l have the rigl-it to six: for ay.nd olrlairn an injunction, prohibitive or matndatory, to prevent the preach. or to enforce the observance of the terms, provisions, conditions, restrictions and covenant,. above set forth, its addition to any ordinary legal action for damages, and the prevatili-stg party or panties shape be ernitle:d recover the costs of such litigation, whether at law or in equity, including any EattotTxy's fees in such aanount as the court may set. The failure of Declarant or any Owner to eafvrce any of the terror, provisions. conditions, testfwdons and covenants herein set forth at the time of its violation, shale, in no event, be deemed to be 4 w?Jver of the right to do so thereafter. 14 1341ofAs5urmi .v9 06-1"— 07 09:33 FROM-PEMIR' & M3(3,;ST,,A114 501-312-2021 7-959 P12i 24 TJ-130 Bill of Assurance: ARTICLE V MODIFICATION OF RESTRICTIONS Any and all of the terms, provisions, conditions, restrictions and covenants set forth hereitt way be amended, modified, extended, changed or canceled, in whole or io part, only by a wriften instrument signed and acknowledged by a majority of the owners of Lots I - 4. The provisions of any such instrument so executed shall be binding from and after the date it is duly tiled for record in Pulaski County, Arkansas. Each terms, provisions, conditions, restristioms aztd covenants set firth herein, unless =4-,ressly provided otherwise-, sba1L remain in Ul farce and effect until iaAuary 1, 2040. ARTICLE VI EXTENSION All terms, provisions, conditions, restrictions and covenants for which extension is not otherwise provided in this insa:utnent shall automatically be extended for successive periods of ten (10) years each, unless modii5ed, tcnwnated or canceled as provided in Article V. ARTICLE VII SEPARABILITY Invalidation of any restriction set forth herein, or any part thereof by an Order, Judgment or Decree of any court, or, otherwise, shall not invalidate or affect any of the other restrictions, or any part thereof as set forth herein, but they shall remain in foil farce and effect. ARTICLE YIII .MISCELLANEOUS 9.1 :Nothing expressed or implied in this Agreement is intended; or shall be construed, to confer upon or give-: any person, firm or corporation, other than the Parties hereto, their successors and assigns, any benefits, rights or remedies binder or by reason of this Agreement. 8.2 The provisions of this Agreement shall be governed by and construed Linder the laws of the State of Arkansas. 11 Bill of 455urw= v9 06-15-07 09:33 FROH-PEN4EB & MCCASTLAIN 501-312-2021 T-059 P13/24 U-130 Sill of Assurs uce: 8.3 Time is of the esserxce of this Agreement. SA Each party hereto and couttsel for each party have reviewed this Agreement and, accordingly, the normal rule of construction to the effect that any ambiguities are to be Tesoived against the drafting party :shall not be employed in the i'mcrpreiaz c-in of thus Agreement. No inferences shall be drawn from the fact that changes have been agreed to herein from any prior agreements. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 12 W .fA buv9nca W 05-15-'07 09;34 FROf9-PE1IDER & MCCAyTLAIN 501-312-2021 T-059 P14f24 U-130 Bill of Assurance: IN IVI•I NT-135 WHEREOF, 'Ilse parties hereto have hereunto eafixed their signatures on this r"' - day of dum, 2007. VINSON PLAZA HOLDINGS, LLC, an Arkansas limited liability company r Sy:w , es R. Peoder, Mmiaging Member Arkansas Riverview Developoeut, LLC and the City of Little Rock hereby approve and consent to the terms, provisions, grants and, covenants herein contained, with priTer ackwowledgmeRts. ARKANS,AS RIVERVLEW DEVELOPMENT, LLC sit Arkansas a1='l d liability cornpazy BiiBrad Canticle, _Mane ging ember CITY OF,LZJrrLE ROCK an Arkansas mimicipazl corporation By: ATTBST: Nano-%, Wood, City Clerk Mark Stodota, City Mayor :3 Fill mf Assulv=1,9 06-15-'07 09:34 ;.RDM-PENDER hICCASTLAIN 501-312-2021 T-059 P15/24 U-130 Bill of Assurance: IN WITNESS WHEREOF, the Parties hereto have hereunto of mcd their sipaturas on this /? day of lane, 2007. VINSON PX AZA HOLDINGS, LLC, an Arkansas limited H>ability corapany Jarrks R. Pendez, Managing Member. Arkansas Riverview Development, LLC and tine City of Little Rock hereby approve and consent to the tenns, provisions, grants and covenants herein conitained, with proper .acknowledgments. -%RKANSAS RIVERVIEW DFIVELOPIAffNT, LLC an Arkansas limited liability company Brad Canada; Managing Member CITY OF LITTLE ROCK an. Arkansas municipal co mdori By: Mark Stodole, City Mayor A'M rirS'F: r 4�` 2a' Narly Woo City Clerk 13 Bill of Assurance.r9 06-15-' 07 09: •34 FROM -:'ENDER 3k MCCASTI.AIN 501-312-2021 T-059 P16/24 Bill of Assurance: ACKNQO Ni l "7�C h2Z STATE OF' ARKANSAS j COUNTY OF PULASKI } On this i4'� �Svy of .June, 2007, before me, a Notary Public., duly commissio.ml qualified and acti%, with and for said County and State, appc4red it person the -Aiddn tumxi James R. Pender, to me personally well faro°vn, who stated and acknowledged that he is the. Managing Member of the Vinson Plaza Holdings, LLC, and was duly m2horized in his capacity to execute the foregoing inswument for and ack owledged that he had so signed, executed and delivered said foregoing instrtunent for, -the eotLsid"adog, uses and putposes therein mentioried aad set filrth. IN TESTIMONY WNFAZ.'.OJF, I have hereunto set my hared and official seal this La�7daq oaf ]u 7. X..•--'`per RY — _�� 1 Notary Public 14 Hill ofAssurerex:N 06-15-'07 09,35 :FOPS-PE'MDER 6 MC.CASMAIN 501-312-2021 T-959 P17/24 'J-130 Bill ot.AAssurauce: r1�C S VOR'LEP STATE OF.ARKANSAS COUNTY OF PULASKI On >iais tRZ-day of Jane, 2007, before mc, a NNary Puhlfc, duly ruminissioned, qualified aiad acting, with and for said County and State, appeared in,pemm the within named Brad Canada; to me personally well known, who stated and acknowledged that he is the Managing. Member of Arkansas Riveniew Development, LLC. an Arkansas limited liability company, and was duly authorized in his capacity to exe ate the foregoing instrumew for and acknowledged that he had so signed, executed and delivered said foregoing instrunfent for the consideration, uses and purposes therein mentioned aid set fords. FIN TESTIMONYWHEREOF, I have hereunto set my hand and official seal this / 3Wk--day of lime, 2007. ?Notary Public +�tz3ss�a 15 Bill 0 As5WW'Ct.V9 05-15-' i9? 09;'35 FI ?dM-PchlnEB F. ttG'AS"LAIN 501-312-2021 - 54 P1h1-4 U-1'30 B111 of Assut arcs: A Clr?�if]WLEDCMENT STATE OF ARKANSAS COUNTY OF PULASKI On this _ day of June, 2007, before vie, a Notary Public, duly cotmnissioned, qualified and acting, with and for said County and State, appeared in person the within panned Brad Canada, to me personally well known, who stated and acknowledged that he is the Mava.- - Member of Aa-kansas Riverview Development, LLC, an Axkansas limited liability company, and was duly authmaaed in his capacity to execute the foregoing instrurnent for and acknowledged that he had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes tbereian mentioned and set forth. IN TESTIMONY)XWREOF, I have hereunto set my hand and official seal this day of June, 2007. • 'IV z 0�� Notary Fi Wir _�._.... _ "CIO Y-�. Is Bill ofnssumce.v9 CSC, 1`5 09:35 FROM -i' IDE,-� & Ili" (:,A 3TLAT.N 501-212-2021 T-K3 F19!Z4 U-130 Hill of Asaurance: STATE OF ARKANSAS COC 'STY OF PU.LASKI On this _ day of Juzse, 2007, before inc, a Notary Public, duly conm-dssioned, qualified and acting, wi-di and for said County and State, appeared in person the within named :!dark Sxodola aad Nancy Wood., to one personally well known, who stated and acknowledged that they are the City Mayor and the City Clerk, respectively, of the City of Little lock, Arkansas, artArkansas municipal corporation, and were duly authorized in their respective capacities to execute the foregoing instnunent for and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein in,entioned and set forth. U% TESTIMONY WHEREOF, I have horn--mto set ..wv )wid and official sea] this day of June, 2007. Notary Public 16 BiUef 4cswwnc.v9 06-15—Id7 99; 36 FflOrl-pENn R & M(,C'A5YLA_4 501-312-2021 "-859 F20..`24 U-130 Bill of Assurance: Exhibit A Lots 7, 8, and 9, Block 99, Original City of Little Rock, Pulaski County, Arkansas: And All that portion of a tract of land lying -entirely within the R.O.W of Garland Street and immediately North of Lot 6, Block 99, Original City of Little Rock, more particularly described as follows: Beginning at a point on the South RAW of Garlarid Street which is 35.0 feet East of the northwest comer of Lot 6; thence West along said R.O.W 10.42 feet; thence North 51.0 feet to a paint on the South curb of State Hwy. #10 (La Harpe Blvd.); thence East 10.42 feet; thence South .51.0 to the point of beginning, lying below elevation 427.01 msl And All that portion of a tract of land lying entirely within the R-O-W of Garland Street and itntnediately North of Lots 4, 5 & 6, Block.. 99, Original City of Little Rock, more particularly described as follows: Beginning at the northeast corner of Lot 4, Block 99, Original City of Little Rock said point being on the south R--O-W of Garland Street; thence West 85.0' along said R-O-W and along the north lines of Lois 4, 5 & 6 to a point which is 35.0'east of the west line of Lot 6, said line also being the east R-tO-W of Spring Street thence North and parallel to said East R-O-W, 51' to a point on the south curb of State Hwy *10 (La Harp Blvd); thence easterly 85' along said Hw^r #10 south curb line to its point of intersection with the east litre (extended) of Lot 4, Block 99, Original City of Little Rock; thence south 46' along said extended line to the point of beginning, lying below elevation 447.01 msl; less and except any portion of the property occupied by the Doubletree Hotel.. And That portion of the property described below which is above elevation 3461 (mean, sea I evel, NGNm 1929) and below elevation 427 (mean sea level, NGVD 1929); A tract of land lying -entirely within the R.O.W of Garland Street and immediately Nortb of. Lot h, Block 99, Original City of Little Rock, more particularly described as follows: Begi.nmug at a point on the South R.O. W of Garland Street which is 35.0 feet East of the northwest corner of Lot 6; thence West along said R.OAV 10.75 feet; thence North 51..0 ®lit Cf Amure ce.la- 06-15-'07 09:36 FROM-PENDEP & MCCASTLAIN 531-312-2021 T-359 P21/24 Bell of Assuraoce: feet to a point on the South curb of State Hwy. 010 (La Hatpe Blvd.); thence East 10.75 feet; thence South 51.0 to the point of beginning. And The property lying between the following upper and lower .rectangles, the lower being at elevation 333.22 (mean sea level, NGVD 1929) and described as: A tract of land lying -entirely within the R.O. W of Garland Street and immediately North of Lot 6, Block 99, Original City of Little hock, more particularly described as follows; Beginning at a point on the South R.O.W of Garland St[---t which is 35.0 feet Fast of the northwest comer of Lot 6; thence West along said R.O.W 10.42 feet; thence North 51.0 feet to a point on the South stub of State Hwy. #10 (La Hatpe BIvd.), -thence East M42 feet; thence South 51.0 to the point of beginning. The upper rer_tangle being at elevation 1.46.1 (mean sea level, NGVD 1929) and described as: A tract of land lying -entirely within the R.O.W of Garland Street and immediately North of Lot 6, Block 99, Original City of Little Rock, more particularly described as follows: Beginning at a point on the South R.O.W of Garland Street which is 35.0 feet Last ofthe northwest corner of Lot 6; thence West along said R.O.W 10.75 feet; thence North 51.0 feet to a point on the South curb of State Hwy. 410 (La Harpe Blvd.); thence East 10.75 feet; thence South 51.0 to the point of beginning. Arid That portion of the property describes below which is above elovation 437 (tile -an sea level, NCrNT 1929) and below elevation 432 (paean sea level, NGVD 1929): ,A tract of land lying-entixels• within the R.O.W of Garland Street and in niediately North of Lot 6, B1Rxk 99, Original City of Little Rock, more particularly described as follows: Beginning at a point cm the South ]Z.O.W of Garland Street which is 35.0 feet Last of the norihvmst corner of Lot 6; thence West along said R.O.W 6.75 feet; thence North 51.0 feet to a point on the South curb of State Hwy. #10 (La Harpe Blvd.); thence l=.nst 6.75 feet; thence South 51.0 to the point of beginning; USS AND EXCEPT any portion «f this space occupied by the Double Tree Hotel. building. 041 of M5,nance.V9 06-15--'07 09:37 F1O1-PENUEF & 113r.ASTLAIN 501-312-2021 T-059 P22/24 U-130 BM of Assurance: £KHXBIT B Tots 4, y and 6. BWk 99, Original City of Little Rock, Pulaski Cowry, Arkansas AND the East-West Alley in Block 99, Original City of Little Rock, Pulaski County, Arkansas lying immediately south of Lots 4, 5 and 6, Block 99, Original City of Little Rock, Pulaski County, Arkansas. Bill ofAssw MIV9 0.5-15-' 07 09:377 FPGM-PENDLI & MCCAS71T AiN 501-312-2021 T - 0 5 9 P23/24 J-130 Bill of Assurance: Sec, 36-279. 0-1 quiet office district. (a) Purpose and intent. The 0-1 quiet office district is established in order to provide for orderly conversion of older structures no longer useful, serviceable or desirable in their present uses to office use. This section applies to such disrriet. The area standards provided in the 0-1 quiet office district anticipate that office uses w1.11 be located in established areas of the city and in close proximity to apartments and other residential uses. Height area and off-street parking regulations are designed to assure that office uses will be compatible with adjacent residential districts. New construction designed to reinforce existing desirable characteristics of the neighborhood and not detrimental to the continued use of surrounding properties for residential purposes shall also be accommodated in this district. (b) Use regulatiom. (1) Permuted uses. Permitted uses are as follows; a. Bank or saving and loan office. b. Church. c. Clinic (medical, dental or optical). d, Day nursery or day care center. e. Day care center., adult. E Establishment of a religious; charitable or philmthropic organization. g. Family care faciliry. h. Fire station. I Group care facility. j. Library, art gallery, museum or similar public use. k. Office (general and professional). 1. Orphanage. m. Private school, kindergarten or institution fox special education n. Rooming orboardirig. o. School (public or denominational). p. Studio (art, music, speech, drama, dance or other artistic endeavors). q. 'Travel bureau r, Single-family residences;. s. 'Two-family residextres. Bill OFAUuraMS9 06-15-' 07 05: 37 FMM-PINDER & MCCASPLAIN 501-312- 2021 T-059 ?24/24 U-130 Bill of Asgurance: (2) Conditional uses. Conditional uses are as follows a. Animal clinic (enclosed). b. Barber and beauty shoos. C. Cemetery or Mausoleum. d. College donnitory- e. Colirge, university or seminazy. f.. Community, welfare or health center. g. Convent or monastery, h. Establishment for Care of alcoholic, narcotic or psychiatric patien.is. i. Lodge or fraternal organizatiorL j. Mortuary or funeral home (vdth retail sales). k. h•.luldfamily dwellings (per R-5 district). 1. Nursing .home or convalescent home. rn. Photography studio. r:. School (busi:aess). o. Studio (broadcasting or recording). p. [Reserved]. q. ,Antique shop. Bili orAsai¢ance.v9 © WHITE - DATERS & ASSOCIATES, INC. 24 Rahling Circle r7 Little Rock, Arkansas 72223 0 Phone: 501-821-1667 Fax:501-821-1668 June 13, 2007 Ms. Donna James, Subdivision Administrator City of Little Rock 723 W. Markham St. Little Rock, Arkansas 72201 RE: Final Plat — Vinson Plaza Ms. James, Please find attached three copies of the Final Plat for the above referenced project. Please contact me if you need any additional information. Sincerely, Timothy E. Daters, P.E. Encl: 3 copies of Final Plat CIVIL ENGINEERING, LAND PLANNING & DEVELOPMENT, SURVEYING CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS FINAL PLAT NAME VINSON PLAZA ADDITION LOTS1,2,3,4 TRACT D AND TRACT 789 INSPECTOR REPORT I have made a final inspection of the improvements and find that: All improvements shown on construction drawings for the development are constructed and in conformance with City requirements/standards. Certain Improvements remain uncompleted and a punch list has been prepared and sent. Engineering Specialist ADDRESSING SPECIALIST'S REPORT Date: I have reviewed the plat and find that the street names and street configuration are acceptable. Addressing Specialist TRAFFIC ENGINEER REPORT I have reviewed the plat and find that: Date: All streetlight installation, stripping, signage and other traffic improvements have been constructed and are in conformance with City requirements/standards. Work orders have been prepared for signage and street lights. Indicate the number of street signs ordered for this plat for billing to developer Certain improvements remain uncompleted and a punch list has been prepared and sent. Traffic Engineer Date: CIVIL ENGINEER REPORT I have reviewed the file for this matter and find that: The maintenance bond has been submitted and it is the proper type and amount. Financial assurance for the uncompleted improvements listed above has been received. All other requirements for final plat approval have been satisfied. Civil Engineer I/II SURVEYOR'S REPORT I have reviewed the plat and find that: All requirements for fin t approval have been satisfied. Surveyor MANAGER APPROVAL All Civil Engineering requirements for filing this final plat have been satisfied. Date: Design Review Engineer/Civil Engineering Manager February 2007 Date: Date: � %