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HomeMy WebLinkAbout6898216 RESOLUTION NO. 6,898 A RESOLUTION GRANTING THE'CONSENT OF THE CITY OF LITTLE ROCK AS LESSOR IN LEASE AND AGREEMENT DATED FEBRUARY 17, 1971, AS AMENDED, AND AS LESSOR WITH THE LITTLE ROCK MUNICIPAL PARKING AUTHORITY IN PARKING LEASE AGREEMENT DATED FEBRUARY 17, 1971, AS AMENDED, TO THE ASSIGNMENT BY CAMELOT INN - LITTLE ROCK, INC. AS LESSEE OF LESSEE'S INTERESTS IN SAID LEASES TO DP.. HORST D. OSTERKAMP OR TO A LIMITED PARTNERSHIP IN WHICH HE IS A GENERAL PARTNER, PURCHASER OF THE CAMELOT INN FROM CAMELOT INN - LITTLE ROCK, INC.; AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE CONSENT IN SUBSTAN- TIALLY THE FORM OF THE CONSENT ATTACHED TO AND MADE A PART OF THIS RESOLUTION. BE IT RESOLVED by the Board of Directors of the City of Little Rock, Arkansas: Section 1. That the sale of the Camelot Inn by Camelot Inn - Little Rock, Inc. to Dr. Horst D. Osterkamp or to a limited partnership in which he is a general partner is approved and accordingly at the request of Camelot Inn - Little Rock, Inc. the assignment by Camelot Inn - Little Rock, Inc. of its interests as Lessee in Lease and Agreement and in Parking Lease Agreement both dated February 17, 1971, as amended, and also its interests in the Auditorium Concession Agreement dated February 17, 1971, as amended, be and is hereby approved and the Mavor and City Clerk be and they are hereby authorized and directed to execute, acknowledge and deliver a Consent for and on behalf of the City of Little Rock. The form and contents of the Consent which are hereby approved and which are made a part hereof, shall be substantially as follows: 217 CONSENT The City of Little Rock, Arkansas does hereby grant its consent to the assignment by Camelot Inn - Little Rock, Inc. to Dr. Horst D. Osterkamp or to a limited partnership in which he is a general partner of all of the right, title and interest of Camelot Inn - Little Rock, Inc. in and to the following instruments being assigned in carrying out the sale of the Camelot Inn, to -wit: 1. Lease and Agreement dated February 17, 1971, between the City of Little Rock, as Lessor, and Camelot Inn - Little Rock, Inc., as Lessee, as amended; 2. Parking Lease Agreement dated February 17, 1971, between the City of Little Rock and the Little Rock Municipal Parking Authority as Lessors and Camelot Inn - Little Rock, Inc., as Lessee, as amended; and 3. Auditorium Concession Agreement dated February 17, 1971 between Little Rock Auditorium Commission (now Little Rock Advertising and Promotion Commission) and Camelot Inn - Little Rock, Inc., as amended. Consent is granted with the express understanding that Camelot Inn - Little Rock, Inc. and Kinark Corporation as guarantor of the obligations of Camelot Inn - Little Rock, Inc. shall remain obligated upon and are not released from their obligation upon the three instruments referred to C hereinabove. This /'J day of November, 1982. CITY OF LITTLE ROCK, ARKANSAS ATTEST: $y'. Mayor cip Clerk l • • ACKNOWLEDGMENT STATE OF ARKANSAS) COUNTY OF PULASKI) On this day, before me personally appeared Charles Bussey and Jane Czech, to me personally well know, who acknowledged that they were the Mayor and City Clerk of the City of Little Rock, Arkansas,duly authorized by Resolution No. 6 ;r9,? adopted the /j(OL& day of 6 . , 1982, and that they, as such officers, being authorized so to do, had executed the foregoing instrument for and on behalf of the City of Little Rock, Arkansas. WITNESS my hand and official seal this /76C day of 'Aea , 1982. My Commission Expires: :6�- a -9a 218 Page 2 219 Section 2. Consideration has also been given to the request by Kinark Corporation for a release of its Guarantee Agreements with the City pertaining to the instruments referred to hereinabove. In order that the closing of the sale of Camelot Inn may proceed at an early date on schedule, the approval of the assignments to the purchaser are hereby made but with a reservation at this time of a decision upon the requested release from the Guarantee Agreements, pending the submission of the financial statements required by the Guarantee Agreements. This Board does, however, by the adoption of the Resolu- tion indicate its willingness to grant the requested release upon the compliance with the terms of the Guarantee Agreements. Section 3. That the provisions of this Resolution are hereby declared to be separable, and if any section, phrase or provision shall, for any reason, be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions. Section 4. That all ordinances and resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 5. This Resolution shall be in full force and effect from and after its adoption. PASSED: November 16 , 1982. RITUMTOORM By z!� ✓ �` Mayor ATTEST: C' y Clerk