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HomeMy WebLinkAboutS-1413-D ApplicationCity of Little Rock Planning and Development Filing Fees Date 1 , 20� Annexation $ Board of Adjustment $ Cond Use Permit/T UP $ Final Plat $ 1 Planned Unit Dev $ Preliminaiy Plat $ Special Use Permit Rezoning $ Site Plans $ Street Name Change $ s Street Name Signs Number at ea $ Public Hearing Signs Number at ea $ Total File No Location ,n 2013061771 Received: 8/2112013 2:33:33 PM Recorded: 08/21/2013 02:41:23 PM Filed & Recorded in Official Records of Larry Crane, PULASKI COUNTY CIRCUIT/COUNTY CLERK Fees $60.00 This Instrument Prepared by: Price C. Gardner FRIDAY, ELDREDGE & CLARK, LLP 400 West Capitol Avenue, Suite 2000 Little Rock, Arkansas 72201 BILL OF ASSURANCE FOR LOT 1, VILLAGE AT BRODIE CREEK THIS BILL OF ASSURANCE (this "Bill of Assurance") is made as of the day of s, •�ul , 2013, by LLEJ LOT I, LLC, an Arkansas limited liability company ("LLEJ" or hereinafter referred to as the "Grantor"). RECITALS WHEREAS, the Grantor is the fee owner of and has caused the lands described on Exhibit A- 1 attached hereto (the "Property") to be surveyed by White-Daters, Inc., and a final plat made thereof, identified by the title "Lot 1, Village at Brodie Creek, an Addition to the City of Little Rock, Arkansas" ("Lot 1"). The proposed plat bears the signatures and seals of Timothy C. Daters, Registered Professional Engi ner, and Paul White, Registered Professional Land Surveyor (the "Plat"), a copy of which is attached hereto as Exhibit A-2 and made a part hereof; P LPc 1 LV 1 -�)v Lp I —1Z WHEREAS, the Property is subject to certain covenants, restrictions and charges set forth in that certain Declaration of Restrictions and Covenants The Village at Brodie Creek Addition dated December 20, 2012, and recorded as Instrument 2012084291 on December 21, 2012, in the Official Records of the Pulaski County, Arkansas Circuit/County Clerk (the "Declaration") and other recorded easements; and WHEREAS, the Grantor hereby establishes, to the fullest extent permitted by law, certain additional covenants, restrictions and obligations (collectively, the "Restrictions") as are hereinafter set forth, subject to which all of Lot 1 shall be improved, held, exchanged, leased, sold and/or conveyed. Each of the Restrictions is imposed upon Lot 1 as an equitable servitude. Each of the Restrictions shall creat: a private contract and estate between current and future owners of Lot 1 and their successors and assigns keach an "Owner"); and they shall be and operate as covenants running with the land for the benefit of the Property in each and every part and portion thereof. NOW, THEREFORE, in consideration of the foregoing, and the covenants and agreements set forth herein, the Grantor agrees as follows: Design and Construction of Buildings - (a) Grantor must approve all initial construction on Lot 1, including architectural theme, design, color, access, fencing and parking, said approval not to be 28276.0018/2236176.3 unreasonably withheld. If following initial construction of buildings on Lot 1, the existing exterior of any then existing building or exterior building or enclosure is substantially remodeled or there is a rebuilding following a casualty, then unless the remodeling or reconstruction is substantially similar to the prior existing exteriors, the architectural theme, design, color, materials, such remodeling or rebuilding shall be subject to the approvals required under this Paragraph 1. Once initiated, all building construction must be diligently prosecuted to completion. All fencing on Lot 1 shall remain consistent with the materials and appearance of such fencing installed during the initial construction so long asLot Is used as a fast food restaurant. (b) Obligation to Rebuild. In the event the improvements on Lot 1 are destroyed or damaged by fire or other casualty, the Owner of such Lot 1 shall proceed with due diligence to repair and rebuild such improvements in a timely manner. In the event such Owner elects not to rebuild on Lot 1 within forty-five (45) days of such damage, then such Lot 1 shall be cleared of all debris, including the former foundation of any building constructed thereon, and all non -paved areas shall be covered with sod or other landscaping materials consistentwith the appearance of any other unimproved lots located within the Property, if any. 2. Use. The types of commercial uses permitted on Lot 1 shall include a fast food restaurant with drive through service consistent with the zoning coveringLot 1 and not otherwise prohibited herein below 3. Si na e. Owner shall have the right to maintain such building, monument, pylon and other signs on Lot 1 permitted under applicable laws; provided, however, any freestanding signs erected by Owner or Owner's tenant or licensee shall be located along the adjacent street within the area designated on Exhibit "B", where indicated on the attached Exhibit "C", and elsewhere along any of the streets at its expense, subject to Grantor's reasonable approval of design and location, taking into account Grantor's need to minimize impairment of visibility to any development sign installed in the median of Colonel Glenn Plaza Drive. Owner or Owner's tenant or licensee may also, at its sole cost and expense, install directional signage either side of any approved curb cuts within Lot 1. Owner or Owner's tenant or licensee may at any time or from time to time remove such signs or change them to reflect new designs. Owner or Owner's tenant or licensee may use its standard colors and logo in all signage. No temporary standalone signage shall be permitted on Lot 1 along Colonel Glenn Road or Colonel Glenn Plaza Drive followingthe initial construction and occupancy of improvements on such Lot, which prohibition shall include, but not be limited to, the placement of "For Lease", For Sublease", "For Sale," "Financing Provided By" or other similar signs on Lot 1 which are not intended to be permanent in nature. 2 28276.0018/2236176.3 4. Dedication of Additional Right of Way. There is shown on the Plat an additional Right of Way Dedication Area consisting of 9,462 square feet along Colonel Glenn Road and at the intersection with Colonel Glenn Plaza Drive, which Grantor forever donates and dedicates to the City of Little Rock, Arkansas, effective upon the filing of the Plat to be added to and become a part of the right of way of Colonel Glenn Road. Lot i Building Lines. The Plat sets forth the forty foot (40') building setback on the southern boundary along Colonel Glenn Drive and thirty foot (30') building setback on the eastern boundary along Colonel Glenn Plaza Drivewhich will applicable toLot 1. 6. Ratification and Confirmation of Existing Easements and Dedication of Utilijy Easement. The Plat reflects the following easements of record and the dedication of a twenty foot (20') wide utility easement, which are hereby ratified and confirmed: (a) Non -Exclusive Easement Agreement executed by and between Colonel Glenn Bowman Road Development I, LLC, an Arkansas limited liability company, and LLEJ LOT I, LLC, an Arkansas limited liability company, filed for record May 7, 2004, and filed for record as Instrument No. 2004036910, records of Pulaski County, Arkansas. (b) Non -Exclusive Easement Agreement executed by and between LLEJ LOT I, LLC, an Arkansas limited liability company, and Colonel Glenn Bowman Road Development, LLC, an Arkansas limited liabilitycompany, filed for record May 7, 2004, and filed for record as Instrument No. 2004036915, records of Pulaski County, Arkansas. (c) Right -of -Way Easement executed in favor ofthe Board of Commissioners, Central Arkansas Water, filed August 4, 2006, and recorded as Instrument No. 2006061235, records of Pulaski County, Arkansas. (d) Right -of -Way Easement in favor of the Board of Commissioners, Central Arkansas Water, filed August 4, 2006, and recorded as InstrumentNo. 2006061237, records of Pulaski County, Arkansas. (e) Right -of -Way Easement for the use and benefit of the Little Rock Sanitary Sewer Committee, filed October 14, 2008, as Instrument No. 2008069655, correction filed October 23, 2008, as Instrument No. 2008071391, records of Pulaski County, Arkansas. (f) Right -of -Way Easement executed for the use and benefit of the Little Rock Sanitary Sewer Committee, filed May 5, 2011, and recorded as Instrument No. 2011026654, records of Pulaski County, Arkansas. 2 8276.0018/223 6176.3 (g) Right -of -Way Easement executed for the use and benefit of Entergy Arkansas, filed April 15, 2013, and recorded as Instrument No. 2013027728, records of Pulaski County, Arkansas. (h) Dedication Deed executed by Colonel Glenn Bowman Road Development I, LLC, an Arkansas limited liability company, to City of Little Rock, filed February 28, 2012, and recorded as Instrument No. 2012011337, records of Pulaski County, Arkansas and (i) That certain twenty foot (20') wide easement located along the length of the western boundary of Lot 1 as shown on the Plat for utilities which the Grantor hereby donates and dedicates to and for the use of public utilities, the same being, without limiting the generality of the foregoing, electric power, gas, telephone, water, sewer and cable television with the right hereby granted to the persons, firms or corporations engaged in the supplying of such utilities to use and occupy such easements, and to have free ingress and egress therefrom for the installation, maintenance, repair and replacement of such utility services, provided, however, that all such utilities (other than electric power provided by Entergy or its successors) shall (unless otherwise agreed) be installed underground at the expense of the party requesting slch utilities and at no cost to the Owner of Lot 1. Landscaping. All landscaping shall be natural materials. All beds and other landscaped areas that are not sodded shall be covered with rocks or bark of a natural color. No red bark or red dyed landscaping materials shall be used on Lot 1. All on -site water detention areas shall be sodded with Zoysia grass and natural stone. No rip rap shall be used on Lot In any detention areas. Modifications. All negotiations and oral agreements acceptable to the Grantor have been incorporated herein. Except as otherwise provided herein, this Bill of Assurance may not be modified in any respect whatsoever or rescinded, in whole or in part, except by a writing executed by the Grantor until such time as the initial use requirements in Paragraph 1 above have been satisfied. 9. Duration. Unless otherwise canceled or terminated, all of the easements reflected and created by the Plat and described in this Bill of Assurance shall continue in perpetuity and all other rights and obligations hereof shall automatically and be of no further force and effect ninety-nine (99) years after the date of filing hereof. 10. Effect of Bill of Assurance. The Restrictions set forth herein shall be in addition to and not in limitation of the covenants, restrictions and obligations affect Lot 1 set forth in that certain Declaration of Restrictions and Covenants The Village at Brodie Creek Addition dated December20, 2012, and recorded as Instrument 2012084291 on December 21, 2012, in the Official Records of the Pulaski County, Arkansas Circuit/CountyClerk. Grantor shall have the right to commence any action to enforce the obligations of the fee owner of Lot 1 under this Bill of Assurance. 4 28276.0018 /223 6176.3 11. Miscellaneous (a) Not a Public Dedication. Except for the additional dedication of the 9,462 square feet as part of the additional right of way of Colonel Glenn Road shown on the Plat and described in Paragraph 4 above, nothing herein contained shall be deemed to be a gift or dedication of any portion of Lot 1 to the general public or for any public purposes whatsoever, itbeing the intention of the Owner that this Bill of Assurance shall be strictly limited to and for thepurposes herein expressed. (b) Severability If any term or provision of this Bill of Assurance or the application of it to any person or circumstance shall to any extent be invalid and unenforceable, the remainder of thiBill of Assurance or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each term and provision of this Bill of Assurance shall be valid and shall be enforcedto the extent permitted by law. (c) Governing Law. This Bill of Assurance shall be construed and enforced in accordance with, and governed by, the law of the State of Arkansas. (d) No Presumption. This Bill of Assurance shall be interpreted and construed only by the contents hereof and there shall be no presumption or standard of construction in favor of or against any Owner. (e) Inurement This Bill of Assurance and the easements, covenants, benefits and obligations created hereby shall inure to the benefit and be binding upon each owner, and their respective successors and assigns (f) Other Agreements. Nothing herein shall restrict an owner from imposing upon any tenant of Lot 1 more restrictions and/or higher standards than set forth herein. (g) Entire A reement This Bill of Assurance constitutes the entire agreement regarding this subject matter between the Parties hereto. The Parties do not rely on any statement, promise or representation not herein expressed, and this Bill of Assurance, once executed, delivered and filed, shall not be modified or altered in any respect except as provided herein. (h) No Third Party Beneficiaries. No party, other than the Owners and Grantor shall have any rights or benefits of thisBill of Assurance. 5 2 8276.0018/223 6176.3 IN WITNESS WHEREOF, this Bill of Assurance has been executed as of the date first above written. LLEJ LOT I, LLC /-�" By: "6 ,0 Leonard Boen, Manager ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF PULASKI ) On this day, before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named Leonard Boen, to me personally well known, who stated that he was the Manager of LLEJ LOT I, LLC, an Arkansas limited liability company, and that he was duly authorized in his capacity to execute the foregoing instrument for and in the name and behalf of said limited liability company, and further stated and acknowledged that he had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of 6 12013. ram. Notary Public My Commission Expires: .+A• PRICE C. GARaN£R .;'°=^ ` Camrr1i55ion ti12389626 yam= EXPIRES: aClober 1. 2022 Pulaski Caunt viewed crdy for :n= ;Jsion ci M-11'mtlr+ st2a &kr regt:ired by the City .i UW- sonic scbufvisicn --GLlaticr Bill or As:&raranca provis:cns as=t1ishc-d by -,hc devel r msy exceed Ininir, im : Y :la=icrss subdivision and zoning rrdirluncros_ Ci y of Li a Rnck Planning Ua�rsnlissiort 1 6 28276.0018/223 6176.3 Exhibit A-1 Legal Description for Lot 1, Village at Brodie Creek Addition Part of the Northwest Quarter (NW/4) of Section 21, Township 1 North, Range 13 West, Little Rock, Pulaski County, Arkansas, more particularly described as follows: COMMENCING at the Northeast Corner of said NW/4, Section 21; THENCE North 88'01'13" West 739.76 feet; THENCE South 0103725" West 536.47 feet to the POINT OF BEGINNING; THENCE North 67°49'09" East 215.30 feet; THENCE Southerly along the arc of a 380.00 foot radius curve to the left, a chord bearing and distance of South 20°21'58" East 21.59 feet; THENCE South 68000'26" West 15.32 feet; THENCE South 14°59'35" East 313.16 feet to a point on the North right-of-way line of Colonel Glenn Road, being 25.00 feet from the center line thereof; THENCE South 67°41'25" West along said North right-of-way line 306.96 feet; THENCE North 01°37'25" East 363.87 feet to the Point of Beginning NOW KNOWN as Lot 1, The Village at Brodie Creek, an addition to the City of Little Rock, Pulaski County, State of Arkansas, according to the recorded plat thereof. 7 28276.0018/2236176.3 EXHIBIT A-2 - PLAT Y g�€ � q €§ 025 0 v s N •1 i� :Y 6 Mel 3 � 921 :�W4i�ac : 1 T AZA vfill e 1 �R 11 coLptiEL°R 91 -or Nd O c' n 1 — — — — i _ < — — - .ce csr axr.rr.xr.. �r?t Exhibit "B" ,� orr■ao.rMmrarri _ C.M.MM ...� Stole 1` 20 R w ar •..,. .- • �l LOT > Permitted Free Stani i / ■ raeo...M.� war:aaa+au7srrasc�r--�—•.....••.... I. �.. R NMI 4 v NEW - ;� ��� m, :sw�.we+r•woa.i.aw�ara .ram {q roar w@ MA mR,Qr 1U9,rL .O.ILI.00.. M m.l �_r,•,.� Ot Nee � tl 011eQ P ilr tlA• M r.e■rr. vy�rr _ �f1..o '��•� �A►. �.IOM W �.■f � M Nef[ a M �A Mt * Mrs fMO�• EXI IIBIT C -SITE PLAN AND SIGN AREA 4L 3gS L a u 1S' �'_ - = I _ - -'_ Ana - �8� ` �_ E � ffiz �rrr ae' ° as CrgQ � rrj � 7%F �3 ' �� �y tj,� •3e� N T E a s "g a a � _ =yl I CIVIL ENGINEERING DIVISION FINAL PLAT FILING APPROVALS NAME —THE SHOPPES AT COL GLENN 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 Improve ents re in uncompleted and a punch list has been prepared and sent. "4-�— Engineering Specialist Date: / 0 2 J " ADDRESSING SPECIA IST'S REPORT I have review d the plat and fi I that the street names and street configuration are acceptable. Addressing Specialist Date: TRAFFIC ENGINEER REPO I have reviewed the plat and find that: 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. N tir t.••�/� Traffic Engineer Date: Ja121 /it 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 Date: ib 2i1 i SURVEYOR'S REPORT I have reviewed the plat and find that: KAll requirements for final plat approval have been satisfied. Surveyor Date: MANAGER PPROVAL All Civii Engineering requirpmentk for filing this final plat have been satisf d. l Date: fl►� / Design Review Engineer/Civil Engineering Manager OCT 20, 2011 C) eel Pau; White From: Tamara Guffey [tguffey@whitedaters.com] Sent: Friday, October 14, 2011 11:49 AM To: 'Bates, Joni B.' Cc: pwhite@whitedaters.com Subject: RE: Plat Approval - Lot 1 Shoppes at Colonel Glenn Thanks Joni Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P. 501-821-1667 F. 501-821-1668 From: Bates, Joni B. [mailto:joni.bates@centerpointenergy.com] Sent: Friday, October 14, 2011 11:41 AM To: Tamara Guffey Subject: RE: Plat Approval - Lot 1 Shoppes at Colonel Glenn Approved From: Tamara Guffey [mailto:tguffey@whitedaters.com] Sent: Friday, October 14, 2011 11:03 AM To: 'Jim Boyd'; Daniel.Tull@CArkW.com; Bates, Joni B.; 'THOMPSON, THEODIS'; 'KEATHLEY, CHRIS' Cc: 'James, Donna'; 'Floriani, Vince'; 'Harper, Vance'; pwhite@whitedaters.com Subject: Plat Approval - Lot 1 Shoppes at Colonel Glenn Page 1 of 1 Attached for your review and approval is a plat copy of Lot 1, Shoppes at Colonel Glenn. The owner of this property intends to file their plat by Wednesday, October 26, 2011. The City of Little Rock requires a sign -off from every utility company before the plat can be recorded. An email response or signed copy via email will suffice in lieu of a signed paper copy. If you would like to review and sign off on a paper copy please let me know and we will have one sent to you without delay. Any questions may be directed to Paul White at pwhite@whitedaters.com or 821-1667. Thank you for your timely response. Respectfully submitted, Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P. 501-821-1667 F. 501-821-1668 10/14/2011 Page 1 of 2 Paul White From: Tamara Guffey [tguffey@whitedaters.com] Sent: Monday, October 17, 2011 1:44 PM To: 'Halford, Seth' Cc: pwhite@whitedaters.com Subject: RE: Plat Approval - Lot 1 Shoppes at Colonel Glenn Thank you, Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P. 501-821-1667 F. 501-821-1668 From: Halford, Seth [ma iIto: shalfor@entergy.com] Sent: Monday, October 17, 2011 1:30 PM To: tguffey@whitedaters.com Cc: CEARLEY, MICHAEL D; THOMPSON, THEODIS Subject: RE: Plat Approval - Lot 1 Shoppes at Colonel Glenn Tamara, I have reviewed the attached plat and see no problems with it. Thanks, Seth Halford shalfor@entergy.com (501)954-5108 9 Entergy Ct. Little Rock, AR 72211 From: CEARLEY, MICHAEL D Sent: Monday, October 17, 2011 1:13 PM To: Halford, Seth Subject: FW: Plat Approval - Lot 1 Shoppes at Colonel Glenn I think you are dealing with them. Does this look acceptable to you? From: THOMPSON, THEODIS Sent: Monday, October 17, 2011 10:16 AM To: CEARLEY, MICHAEL D Subject: FW: Plat Approval - Lot 1 Shoppes at Colonel Glenn From: Tamara Guffey [mailto:tguffey@whitedaters.com] 10/ 17/2011 Page 1 of 2 Paul White From: Tamara Gulley [tguffey@whitedaters.com] Sent: Thursday, October 20, 2011 8:38 AM To: Daniel.Tull@CArkW.com Cc: pwhite@whitedaters.com Subject: RE: Plat Approval - Lot 1 Shoppes at Colonel Glenn Thank you Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P. 501-821-1667 F. 501-821-1668 From: Daniel.Tull@CArkW.com [mailto:Daniel.Tull@CArkW.com] Sent: Wednesday, October 19, 2011 4:38 PM To: Tamara Guffey Subject: Re: Plat Approval - Lot 1 Shoppes at Colonel Glenn CAW approved with no comments. Thank You Daniel Tull, Engineering Technician Central Arkansas Water 501.377.1245 501.210.4980 (fax) daniel.tull@carkw.com From: "Tamara Guffey" <tguffey@whitedaters.com> To: "'Jim Boyd"' <jim.boyd@l wu.com>, <Daniel Tull@CArkW.com>, "'Bates, Joni B."' <joni.bates@centerpointenergy.com>. THOMPSON, THEODIS"' <TTHOMP1@entergy.com>, "'KEATHLEY, CHRIS"' <ck0826@aft.com> Cc: "'James, Donna"' <DJames@littlerock.org>, "'Floriani, Vince"' <VFloriani@littlerock.org>, "'Harper, Vance <VHarper@littlerock.org>, <pwhite@whitedaters.com> Date: 10/14/2011 11:01 AM Subject: Plat Approval - Lot 1 Shoppes at Colonel Glenn Attached for your review and approval is a plat copy of Lot 1, Shoppes at Colonel Glenn. The owner of this property intends to file their plat by Wednesday, October 26, 2011. The City of Little Rock requires a sign -off from every utility company before the plat can be recorded. An email response or signed copy via email will suffice in lieu of a signed paper copy. If you would like to review and sign off on a paper copy please let me know and we will have one sent to you without delay. Any questions may be directed to Paul White at pwhite(5whitedaters.comor 821-1667. Thank you for your timely response. Respectfully submitted, 10/20/2011 Page 1 of 2 Paul White From: Tamara Guffey [tguffey@whitedaters.com] Sent: Thursday, December 06, 2012 3:20 PM To: 'KEATHLEY, CHRIS' Cc: 'Paul White' Subject: RE: Final Plat Approval for Lot 1, The Shoppes at Colonel Glenn AND Lot 14, The Shoppes at Colonel Glenn Thanks for the quick turn around! Tamara Guffey Office Manager White-Daters & Associates, Inc. 24 Rahling Circle Little Rock, AR 72223 P: (501) 821-1667 F: (501) 821-1668 From: KEATHLEY, CHRIS [mailto:ck0826@att.com] Sent: Thursday, December 06, 2012 2:30 PM To: TAMARA GUFFEY Subject: FW: Final Plat Approval for Lot 1, The Shoppes at Colonel Glenn AND Lot 14, The Shoppes at Colonel Glenn Importance: High AT&T approves final plat request of Final Plat Approval for Lot 1, The Shoppes at Colonel Glenn AND Lot 14, The Shoppes at Colonel Glenn. Thanx Chris Chris Keathley Lead 05P Ping & Eng Dsgn 501.373.6594 0 501.615.5823 C From: NAZI, ALLISON V Sent: Thursday, December 06, 2012 2:24 PM To: KEATHLEY, CHRIS Subject: FW: Final Plat Approval for Lot 1, The Shoppes at Colonel Glenn AND Lot 14, The Shoppes at Colonel Glenn Importance: High Chris - Please respond to Tamara. Thanks, Allison Naji AT& T-Arkansas Mgr. OSP Planning & Engineerinti Design 1111 W. Capitol, Room 465 Little Rock, AR 72201 (501)373-1168 12/6/2012