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Home My WebLink About6874� I mw� a • • _ RESOLUTION NO. 6,874 I A RESOLUTION AUTHORIZING A LEASE AND AGREEMENT BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR, AND DAVID J. JONES, LITTLE ROCK, ARKANSAS, AS LESSEE, IN SUBSTANTIALLY THE FORM r� AND WITH SUBSTANTIALLY THE CONTENTS SET FORTH IN AND MADE A PART OF THIS RESOLUTION; AUTHORIZING THE EXECUTION AND DELIVERY OF THE LEASE AND I AGREEMENT; AND PRESCRIBING OTHER MATTERS RELATING d THERETO. i BE IT RESOLVED by the Board of Directors of the City of Little Rock, Arkansas: Section 1. That there be, and there is hereby, authorized the execution and delivery of a Lease and Agreement wherein the City of Little Rock, Arkansas (the "City "), is Lessor, and David J. Jones, is Lessee, for certain airspace pursuant to Ark_ Stat. Ann. Sec. 76 -137, in substantially the form and with substantially the contents hereafter set forth. The Mayor and City Clerk be, and they are hereby, authorized to execute, acknowledge and deliver the Lease and Agreement for and on behalf of the City. The form and contents of the Lease and Agreement which are hereby approved and which are made a part hereof, shall be substantially as shown on Exhibit 1 hereto. erection 2. That the Mayor, City Clerk and City Manager, or any of them, for and on behalf of the City, be, and they are hereby, authorized and directed to do all things, execute all instruments and otherwise take all action necessary to the realization of the rights of the City and to discharge the obligations of the City under the terms of the Lease and Agreement. Section 3. That the Board of Directors hereby finds and declares the execution and delivery of the Lease and Agreement is in the furtherence of the public interest, does not impair the public use of the alley beneath the airspace conveyed thereby, and is not in violation of any federal requirement kU� J B with respect to any federal aid funds involved in the 167 construction or improvement of such alley. Section 4. 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 5. That all ordinances and resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Resolution shall be in full force and effect from and after its adoption. PASSED: October 19 , 1982. M�I APPROVED: Mayor 2 EXHIBIT 1 • 7 • This Lease and Agreement (called "Lease ") - made this day of , 1982, by and between the Citv of Little Rock, Arkansas, a city of the first class under the laws of the State of Arkansas (called "City" or "Lessor "), pursuant to authority of Resolution No. of the Board of Directors of the City of Little Rock, Arkansas, dated , 1982, and David J. Jones (called "Lessee "); K 1 2 I3 E a a z T U 1. LEASED PREMISES Lessor hereby leases to Lessee subject to the conditions hereafter expressed, a certain parcel of real estate situated in Pulaski County, Arkansas, described on Exhibit 1 attached hereto. 2. LESSOR'S TITLE Lessor hereby represents that it owns the fee simple title to the right -of -way for the alley located within Block 83, Original City of Little Rock, which alley is open to vehicular traffic as a public way. The Lessor further represents that it has authority to make this Lease and that it will defend its title to the leased premises and the right to make this lease. 9011wrW The term of this Lease shall be for ninety -nine (99) years, commencing on the date of execution, unless otherwise terminated. E. •�_ •� As consideration for this Lease, Lessee agrees to pay and Lessor agrees to accept as rent for the premises for the lease term the sum of Ninety -nine Dollars ($99.00) payable as follows: The sum of One Dollar ($1.00) upon the execution and delivery of this Lease and a like sum on or before the same day • of each succeeding year thereafter during the entire term of the Lease. 5. USE OF LEASED PREMISES Lessee shall use and occupy the leased premises throughout the term hereof for the purposes of operating, occupying, and maintaining an overhead structure across the alley within Block 83 of the Original City of Little Rock. 6. TAXES Lessee shall pay all taxes and assessments upon the leased premises and improvements placed therein and thereon after such improvements are constructed. 7. REPAIRS AND MAINTENANCE Lessee shall at all times during the term of this Lease, at its own expense, put and maintain in thorough repair and in good and safe condition, all improvements on the leased premises and their equipment and appurtenances both inside and outside, structurally and nonstructurally, extraordinary and ordinary, however the necessity or desirability for repairs may occur, and whether or not necessitated by wear, tear, obsolescence or defects, latent or otherwise. 8. COMPLIANCE WITH LAWS The Lessee at its sole expense shall comply with all laws, orders and regulations of federal, state and municipal authorities, and with any direction of any public officer, pursuant to law, which shall impose any duty upon the Lessor or the Lessee with respect to the leased premises. The Lessee, at its sole expense, shall obtain all licenses or permits which may be required for the conduct of their business within the terms of this Lease and Agreement, or for the making or repairs, alterations, improvements or additions, and the Lessor, where necessary, will join with the Lessee in applying for all such permits or licenses. 9. SURRENDER At the expiration of the lease term, the Lessee shall surrender the leased premises in as good condition as they were 2 169 � at the beginning of the term, reasonable use and wear by the 170 elements excepted. 10- ALTERATIONS AND MODIFICATIONS Lessee shall have the right from time to time to make all such alterations and impro4ments on the leased premises as shall be reasonably necessary or appropriate in Lessee's judgment, provided all such alterations and improvements will not otherwise violate any other provisions of this Lease. 11- UTILITIES The Lessee shall pay all charges for gas, electricity, lights, heat, power, telephone or other communication services used, rendered or supplied upon or in connection with the leased premises and shall indemnify the Lessor against any liability or damages on such account. 12- TNS13RAIICE After improvements are constructed thereon, Lessee shall keep the leased premises insured throughout the term of this lease against the following: (a) Comprehensive public liability insurance with the limits of such of at least $1,000,000 for bodily injury and $100,000 for property damage. (b) Lessee shall further indemnify Lessor against any expense of whatever nature resulting from any claim arising out of the erection, maintenance and operation of buildings or business and activities conducted thereon throughout the term of this lease. i All policies of insurance shall name the City of Little Rock (where appropriate) as an additional insured. All such policies shall, to the extent obtainable, contain an agreement by the insurers that such policy shall not be cancelled without at least ten (10) days prior written notice to the City. All such policies or certificates on their issuance shall be delivered to the City. 13. PSSIGNNENT Lessee shall have the right to assign, sublet or mortgage an undivided interest in the leased premises. 3 r' r�� r r �■ � r ■r r r �■ r r 14. LEASE BINDING ON SUCCESSORS AND ASSIGNS This Lease shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. 15. NOTICES Any notice required or permitted to be given under this Lease must be in writing and must be sent by registered or certified mail to the last address of the party to whom notice is being given as designated by the party. Lessor designates its address as: City of Little Rock c/o City Clerk pity Hall Little Rock, Arkansas 72201 Lessee desiqnates its address as: David J. Jones c/o KARK -TV 4 3rd & Louisiana Tittle Rock, Arkansas 72201 Either party may change its address by written notice to the other party. Any notice or other communication shall be deemed to have been given at the time_it is deposited or certified in any United States Post Office or Branch Post Office. IN WITNESS WHEREOF, the parties have executed this Lease and Agreement this day of 1982. ATTEST: City Clerk CITY OF LITTLE ROCK, ARKA14SAS LESSOR M Vice Mayor DAVID J. JONES LESSEE WE 4 171 CSo �[i]wWolejIlofth STATE OF ARKANSAS) COUNTY OF PULASKI) On this day personally appeared before me the undersigned, a Notary Public in and for the County and state aforesaid, duly qualified and acting, and , to me well known to be the Vice Mayor and City Clerk, respectively, of the City of Little Rock, Arkansas. and stated that they had executed the foregoing Lease and Agreement for the consideration and purposes therein mentioned and set forth. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of , 1982. Notary Public My Commission Expires: ACKNOWLEDGMENT STATE OF ARKANSAS ) COUNTY OF PULASKI) On this day, before me, a Notary Public duly commissioned, qualified and acting within and for the county and state, aforesaid, appeared in person the within named David J. Jones, who was duly authorized to execute the foregoing instrument and further stated and acknowledged that he had so signed, executed and delivered said Lease and Agreement for the consideration, uses and purposes therein mentioned and set forth. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of 1982. My Commission Expires: Notary Public 5 172 EXHIBIT 1 173 All that certain airspace beginning 13' 6" above existing pavement on the following described property in the alley located within Block 83, Original City of Little Rock, Arkansas: The twenty -foot alley running north and south intersecting Block 83, Original City of Little Rock, Arkansas, adjoining lots 1 -12 of said Block 83. Cl