HomeMy WebLinkAboutHDC1984-004 Letter From Overbey, Peace, McClain & Yancey Attorneys At Law To Mr. Mike Dooley 04/04/1984OVERBEY, PEACE, MCCLAIN & YANCEY
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
THOMAS L_OVERBEY
502 FIRST FEDERAL PLAZA
JOHN B. PEACE
JAMES E_McC1A1N, JR.
CAPITOL AND SPRING STREETS
H, LAWRENCE YANCEY
LITTLE ROCK, ARKANSAS 72201
NEIL DEININCER
April 4, 1984
Mr. Mike Dooley
Office of Comprehensive Planning
305 City Hall
Little Rock, Arkansas 72201
Re: MacArthur Park Historic District Commission
Cherry House
Dear Mr. Dooley:
TELEPHONE
(501) 378-0001
At the direction of Bill Rector, I am enclosing herewith the form
and substance of the Parking Lot Agreement among the First Lutheran
Church of Little Rock, The Winthrop Rockefeller Foundation and J.
Tucker Morse that relates to the rehabilitation project to be undertaken
by Mr. Morse. This is the form of the Agreement that is agreeable to
all parties.
Please feel free to contact me if you have any questions or if I can
be of further assistance.
Sincerely yours,
H. La� ene1 cey
jw/4r
Enclosure
cc: J . Tucker Morse
Bill Rector
PARKING LOT AGREEMENT
WHEREAS, the First Lutheran Church of Little Rock, Arkansas (the
"Church") ,
The
Winthrop
Rockefeller Foundation
("Foundation") and
J. Tucker
Morse
("Morse")
own or occupy, either
in fee simple title or,
- pursuant to long-term leasehold interest, a substantial amount of land
located in Block 42 of the Original City of Little Rock, Arkansas;
WHEREAS, the Church, the Foundation and Morse each conduct
various endeavors and activities on such land and Morse conducts a
substantial amount of commercial and residential real estate activity on
such land; and
WHEREAS, the Church, the Foundation and Morse have deemed it to
be in their
best interest that a
parking lot
for
their
mutual use be
constructed
on their mutual land
and desire
to
enter
this agreement
evidencing the same,
NOW, THEREFORE, FOR ADEQUATE AND FULL CONSIDERATION,
THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, IT IS HEREBY
MUTUALLY AGREED AS FOLLOWS:
1. Morse
will be responsible to construct, or
arrange for
the
construction of,
a commercial grade asphalt parking
lot, on the
land
identified on the
plat attached as Schedule A hereto.
The Church,
the
Foundation and Morse hereby agree to execute reasonable and necessary
instruments (in a form appropriate for recording) evidencing their
mutual consent for the construction of such parking lot on such land if
counsel for the respective parties require the same as necessary for the
consummation of this transaction.
. PAIIKING LOT AGREEMENT
2. The number of parking spaces to be provided by the
construction of such a parking lot and the allocation of such parking
spaces to the respective users ' thereof shall be as set forth on the plat
attached hereto as Schedule A. The Church, the Foundation and Morse
shall be allocated certain parking spaces as identified on such plat. •
3. The cost of maintenance and repairs of such parking lot shall
be shared by each party hereto on a pro rata' basis in accordance with
the proportions of spaces and allocated to each party. 'Such percentage
of sharing of maintenance and operating expenses shall be identified on
Schedule B attached -hereto. The operating -and maintenance expenses to
be shared by the parties hereto shall include, but not be limited to,
normal expenses of repair, paint striping, insurance, real estate taxes
and management fees, if any.
4. Morse shall serve as the Parking Lot Manager under the terms
of this agreement, maintain a parking lot account for the payment of
expenses and receipt of income (if any) from the operation of such
parking lot and shall have the general operating and managerial
authority therefor. However, Morse shall not undertake any repair or
maintenance expenses in excess of $1, 000 per occurrence without first
obtaining the written consent of the other parties to this agreement.
5. Each party hereto specifically acknowledges that parking lot
spaces may be rented to other parties who own or occupy property
located in Block 42 of the Original City of Little Rock and who are not
parties to this agreement provided that a 'reasonable parking lot rental
fee can be obtained from such parties and further provided that•
sufficient parking spaces are available for sucli .rental without infringing
upon the use of the parking lot by the parties. _to this agreement.
.2
PARKING LOT AGREEMENT
IN WITNESS WHEREOF, this agreement is executed this 30th day of
January, 1984.
L-m
FIRST LUTHERAN CHURCH OF
LITTLE ROCK, ARKANSAS
THE WINTHROP ROCKEFELLER FOUNDATION
J. TUCKER MORSE,
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