HomeMy WebLinkAbout16953 1 RESOLUTION NO. 16,953
2
3 A RESOLUTION TO AUTHORIZE AN AMENDMENT TO THE SECOND
4 AMENDED LEASE AGREEMENT BY AND BETWEEN THE CITY OF
5 LITTLE ROCK, ARKANSAS, AS LESSOR AND WOMEN AND
6 CHILDREN FIRST: THE CENTER AGAINST FAMILY VIOLENCE
7 ("CENTER')AS TENANT,WHOSE ADDRESS IS P.O. BOX 1954, LITTLE
8 ROCK,ARKANSAS, 72203; AND FOR OTHER PURPOSES.
9
10 WHEREAS, the City of Little Rock is the owner of certain real property located in Little Rock,
11 Pulaski County,Arkansas,hereinafter referred to as the"Leased Premises"within park property located in
12 the Southwest Community Park,more particularly described as and hereinafter referred to as"Premises".
13 WHEREAS, the Center is seeking a mortgage from Ozark Bank, which shall require a Third
14 Amendment to the Lease Agreement dated October 16,2019;and,
15 WHEREAS,the City of Little Rock previously adopted Little Rock, Ark.,Resolution No. 15,083
16 (October 15, 2019), allowing the City of Little Rock to enter a lease and further amended by Little Rock,
17 Ark.,Resolution No. 15,785 (September 12, 2022),which amended the Title to Improvements; and,
18 WHEREAS,the Parties now desire to amend Article 13-Leasehold Mortgages. Specifically,the
19 City shall add Section 13.2, which allows Ozark Bank as Mortgagor to use the property in the event of
20 foreclosure for any lawful purpose, subject to approval of the Little Rock Planning Commission and City
21 of Little Rock Board of Directors, including all conditions of approval until either early termination or
22 expiration of the lease. Center anticipates obtaining a loan from Bank OZK to finance the construction of
23 the Premises, which loan will be secured by a mortgage on Center's interest in the Premises. If after a
24 default by Center of its obligations related to the loan, Bank OZK or another party obtains title to the
25 Premises,whether by judicial foreclosure,deed-in-lieu of foreclosure,or other means,then Bank OZK and
26 such other transferee of the Premises, and their successors and assigns(collectively, a"Transferee"), shall
27 have the right to use the Premises for any lawful purpose until the termination or expiration of the Lease.
28 The right under this section to use the Premises for any lawful purpose shall apply notwithstanding any
29 other terms of this Lease to the contrary. City shall further cooperate with Bank OZK and any other
30 Transferee to consider any reasonable request to rezone the Premises or modify any applicable Planned
31 Commercial District to permit the Premises to be used for any lawful purpose. Further notwithstanding any
32 terms of this Lease to the contrary, Bank OZK and any other Transferee shall have the right to enforce the
33 terms of this section.
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1
2 NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
3 OF LITTLE ROCK,ARKANSAS:
4 Section 1.City Manager is hereby authorized to execute any necessary documents,in a form acceptable
5 to the City Attorney, to amend the Women and Children First Lease, the premises which are mere
6 particularly described as:
7 Section 2. Premises. City of Little Rock, Arkansas - Daily Drive A part of the
8 N1/2 of the NWI/4 of Section I, Township 1 South, Range 13 West, Pulaski
9 County,Arkansas, more particularly described as follows: Commencing from
10 the SE comer of the N1/2 of the NWI/4 of Section 1, Township I South, Range
11 13 West; thence ( PT NW NE & PT NE NW MPDA COM SW COR NW NE
12 TH S87*11'39"E AL SLN OF SD NW NE 154.94' TO POB TH NO2*07'40"
13 E550.68' TH S87*47'40"W300.0' TH S02*07'43"E550.68' TH S87*11'39"E
14 AL TH N BOUNDARY OF LTS 6 & 7 BLOCK 11 FAIRFIELD SUB &
15 CONTINUING E IN R/W OF WARREN ROAD 300') to the point of
16 beginning.This land is known as Parcel Number 45L0010000703 and contains
17 3.79 acres; and,
18 Section 2.Severability.In the event any title,section,paragraph,item,sentence,clause,phrase,or word
19 of this resolution is declared or adjudged to be invalid or unconstitutional,such declaration or adjudication
20 shall not affect the remaining portions of the resolution which shall remain in full force and effect as if the
21 portion so declared or adjudged invalid or unconstitutional was not originally a part of the resolution.
22 Section 3.Repealer. All laws, ordinances, resolutions,or parts of the same,that are inconsistent with
23 the provisions of this resolution,are hereby repealed to the extent of such inconsistency.
24 ADOPTED: February 3,2026
25 ATTEST: APPROVED:
26
27 Ail/06Y1 : _________________
28 Allison Segars,City C Frank Scott Jr.,Mayor
29 APPROVED AS TO LEGAL FORM:
30
31
32 AAWIAM hi
33 Thomas M.Carpenter,City Atto ey
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