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RESOLUTION NO. 8,006
A RESOLUTION AUTHORIZING THE MAYOR
AND THE CITY CLERK TO ENTER INTO A
LEASE AGREEMENT WITH THE ARKANSAS
HIGHWAY AND TRANSPORTATION
DEPARTMENT; AND AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO
A LEASE WITH THE LITTLE ROCK
AMBULANCE AUTHORITY.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS:
SECTION 1. The Mayor and the City Clerk are hereby
authorized to enter into a lease with the Arkansas Highway and
Transportation Department for additional property adjacent to
the current leasehold at 8th and Ringo Streets for Little Rock
Ambulance Authority expansion. That lease is attached hereto as
Exhibit A.
SECTION 2. The Mayor and City Clerk are hereby authorized
to enter into a sub -lease with the Little Rock Ambulance
Authority for additional property adjacent to the current
leasehold at 8th and Ringo Streets for Little Rock Ambulance
Authority expansion. That lease is attached hereto as Exhibit
B.
ADOPTED: September 6, 1988
AT
CITV CLERK, JAA CZECH
APP U S TO 0
MARK STODOLA, CITY ATTORNEY
APPRO D:
31u
� -30
F_
4 41 -rr
89-07401
4 �-��
f, lL '.t, PROPERTY LEASE a ,Z_,p„s ?-4rj
AND RECORDER t- `' °i• ''l :.e
(ARKANSAS STATE HIGHWAY COMMISSION AND THE CITY OF LITTL CKV" .t S. �_r•,4
',..`,-16 )11��r'f*t
This agreement made and entered into on the 12th day of
September- , 1988 , by and between the Arkansas State
Highway Commission, LESSOR and the City of Little Rock, Arkansas,
! LESSEE.
WHEREAS, on May 21, 1985 , LESSOR leased property within
`; the right-of-way of I-630 along the south side of 8th Street
'� between Cross and Ringo Streets in Little Rock, Pulaski County,
Arkansas, to LESSEE for the purpose of constructing a building
to house the Little Rock Ambulance Authority; and
WHEREAS, LESSOR and LESSEE desire to enter into a new
lease encompassing the property included in the May 21 , 1985,
lease plus two adjacent parcels within the right-of-way; and
WHEREAS, LESSOR and LESSEE intend that said adjacent
properties be used for employee parking, MEMS transit vehicle
' parking, an addition to the existing Little Rock Ambulance
Authority building, and a helicopter pad; and
WHEREAS, LESSOR understands that LESSEE intends to sublease
the property described herein to the Little Rock Ambulance
Authority; and
WHEREAS, LESSOR approves such a sublease provided LESSEE
stands willing and able to fulfill the covenants herein, and to
assure that the property described herein will always be used
for a public purpose as that term is currently understood by
LESSOR and LESSEE,
WITNESSETH:
LESSOR, for and in consideration of the sum of One Dollar
($1. 00) , and undertakings of the LESSEE hereinafter contained,
has leased and let, and by these presents does hereby lease
and let unto LESSEE for the term, and for the purposes and on
the conditions hereinafter contained, the following described
real estate situated in Pulaski County, to-wit:
EXHIBIT A
Aft
-2-
Part of Blocks 264 , 288 and adjacent Ringo and Cross
Streets, Original City of Little Rock, Pulaski County,
Arkansas, more particularly described as follows:
Beginning at the Northeast Corner of Block 307 , thence
South 78° 43 ' 47" East a distance of 59 . 92 feet to the
Northwest Corner of Block 288 ; thence South 80° 23 ' 19"
East along the North line of Block 288 a distance of
300. 02 feet to the Northeast Corner of said Block;
thence South 80° 09 ' 51" East a distance of 60 . 0 feet
to the Northwest Corner of Block 264 ; thence South 80°
22 ' 24 " East along the North line of Block 264 a dis-
tance of 90 . 39 feet to a point on the Northerly
Control of Access Line of I-630; thence in a Westerly
direction along said Control of Access Line a distance
of 586 feet more or less to a point on the West line
of Cross Street; thence in a Northerly direction along
said West line a distance of 59 feet more or less to
the point of beginning and containing 54 , 720 square
feet more or less.
To have and hold the same unto the said LESSEE for and
. during the term hereinafter provided and the conditions here-
inafter expressed.
Term of Lease. This lease shall be for a term of one
(1) year, beginning on the day of �cf06e-r
19 88 , and ending on the 16 day of 4e7k4t0r
1987 , renewable annually for seventy-five (75) years . The
rent shall be One Dollar ($1 . 00) per year.
THE PARTIES HERETO COVENANT AND AGREE AS FOLLOWS:
1 . The premises shall be used during the tenancy hereof
exclusively for the purpose of housing the Little Rock Ambu-
lance Authority offices, maintenance area, equipment, parking
(including MEMS transit vehicle parking) , and a helipad. The
lease and all rights granted LESSEE hereunder shall terminate
with right of possession reverting to the LESSOR in the event
that the use of the premises is changed without the prior
written consent of LESSOR and the Federal Highway Administration.
Vehicular access to the area described in this agreement directly
from the established grade line of Interstate 630 is specifi-
cally prohibited.
2 . LESSEE is granted permission to install facilities for,
and to operate on the premises, a gasoline supply station;
vehicles used or designed for the transportation of gasoline
0 U
-3-
or petroleum products shall be permitted on the premises;
bulk storage of gasoline or petroleum products shall be
permitted on the premises. LESSEE shall also be permitted to
operate a liquid oxygen refilling system on the premises (not
cascading system) . In storing, maintaining, dispensing, and
operating the materials enumerated in this paragraph, LESSEE
shall at all times comply with applicable safety rules,
regulations, and statutes and shall act so as to minimize the
risk of death, injury, or property damage due to fire, ex-
plosion, or other danger attendant to the materials .
3 . No permanent improvements or alteration shall be
made in, on, or upon the premises without the consent and
approval of the LESSOR and the Federal Highway Administration,
being first obtained in writing, under penal ty of cancella-
tion of the agreement.
4 . No materials or supplies of any nature will be stored
on the premises except as required in the daily operation of
the facilities and then only if same are stored in a manner
that obviates any fire hazard. All structures located or
constructed on the premises will be fireproof.. LESSEE shall,
at its own expense or at the expense of its approved sub-
lessee, take out and keep in force during the within tenancy,
fire and other hazard insurance in a company or companies to
be approved by the LESSOR to protect the highway structure
against fire or other hazard damage resulting from any and
every cause occurring in and about the premises and incident
to the use of the premises, with a policy limit of not less
than $100, 000.00 for any one accident. (Lessee shall furnish
the Lessor a certificate of such insurance which shall obli-
gate the insurance carrier to notify the Lessor in writing
not less than 15 days prior to cancellation of material
modification thereof. )
5 . LESSEE shall, at its own expense, or at the expense
of its approved sublessee, take out and keep in force during
-4-
the within tenancy;
(a) public liability insurance, in a company or
companies to be approved by LESSOR to protect against any
liability to the public Incident to the use of, or resulting
from injury to, or death of, any person occuring in, or about,
the premises, in the amount of not less than $100, 000. 00 in-
demnity against the claim of one person and in the amount
of not less than $200, 000. 00, against the claims of two or
more persons resulting from any one accident; and
(b) property damage or other insurance, in a company
or companies to be approved by the LESSOR, to protect LESSEE,
any approved sublessee, and LESSOR against any and every
liability incident to the use of or resulting from any and every
cause occurring on or about the premises, including any and
all liability of the LESSEE, approved sublessee and LESSOR,
for damages in the amount of not less than $50, 000 . 00. The
LESSEE shall obligate the insurance carriers to notify
LESSEE and LESSOR, in writing, not less than fifteen (15)
days prior to the cancellation thereof, or any other change
affecting the coverage of the policies. If said policies
contain any exclusion concerning property in the care, custody,
or control of the insured, an endoresement shall be attached
thereto stating that such exclusion shall not apply with
regard to any liability of LESSEE, approved sublessee and
LESSOR.
6 . LESSEE agrees:
(a) to provide for payment of all taxes and assess-
ments that may be legally assessed on LESSEE' S possessory
interest, or on any improvements or equipment placed by
LESSEE on said premises during the continuance of the tenancy
hereby created;
(b) to provide for payment of all charges for water
furnished to the herein described premises through a meter
to be contracted for by LESSEE or its approved sublease
is any; and
-5-
(c) to provide for payment of all charges for elec-
tricity furnished or supplies to or upon any part of the
premises, if any; and that said electricity shall enter
said premises through a meter to be contracted for by the
LESSEE, or its approved sublessee.
7 . No signs, displays or devices shall be erected on
the premises designated in the agreement without approval of
the LESSOR and the Federal Highway Administration as to type,
number, size, location and design.
8 . No vending of any kind or character shall be con-
ducted, permitted, or allowed upon the premises except vend-
ing machines for drinks or foot maintained solely for the
convenience of the ambulance company employees.
9 . LESSEE shall, at its sole expense or at the expense
of its approved sublessee keep and maintain the premises free
of all grass, weeds, debris, and inflammable materials of
every description and at all times in an orderly, clean,
safe, and sanitary condition. The area will be adequately
lighted. LESSEE also agrees not to permit hazardous or
unreasonable objectionable smoke, fumes, vapor or odors to
rise above the grade line of the highway.
10 . LESSEE, or its approved sublessee, shall secure all
necessary permits required in connection with operations on
the premises and shall comply with all federal, state and
local statutes, ordinances, or regulations which may affect
in any respect, LESSEE' S use of the premises.
11 . LESSEE, at its own cost and expense or that of its
approved sublessee, shall maintain said premises, including
all driveways and fences and guardrails heretofore, or here-
after erected, provided that the LESSEE, at no expense to
LESSOR, may install and maintain such additional entrances
as may be required by its use of said premises, subject to
the approval as to the location thereof by the LESSOR.
LESSEE shall be liable to and shall reimburse the LESSOR
for any damage to fences, guardrails, piers, or columns in
Oft s
-6-
any way resulting from or attributable to the use and oc-
cupancy of said premises by the LESSEE or any person entering
upon the same with the consent of the LESSEE, expressed or
implied. Proposed plans for driveways, surfacing and
lighting shall be filed with and approved by the LESSOR prior
to the commencement of any work hereunder by the LESSEE.
12 . When the commencement of any repair, painting,
maintenance, safety or construction work on the highway or
highway structures is anticipated by LESSOR in reasonably
sufficient time to notify LESSEE so that it may take pre-
cautionary measures for the protection of persons and property
on the premises, or to contact its approved sublessee, LESSOR
agrees to give written notice of same to the LESSEE stating
the location and nature of anticipated work in reasonably
sufficient time and detail that LESSEE may take whatever
precautionary measures it deems appropriate.
Except when LESSOR fails to comply with said notice re-
quirement, LESSEE agrees to occupy and use said premises at
its own risk and expense and to save LESSOR, its officers,
agents, and employees, harmless from any and all claims for
damage to property, or injury to, or death of, any person,
entering upon same with LESSEE ' S consent, expressed or
implied.
13. LESSOR specifically reserves the right of entry by
any authorized officer, engineer, employee, contractor, or
agent of LESSOR or the Federal Highway Administration for
the purpose of inspecting said premises in connection with
the protection, maintenance, painting, and operation of the
freeway structures and its appurtenances; provided further,
that LESSOR reserves the further right at its discretion,
to immediate possession of the same only in case of any
national or other emergency, or for the purpose of pre-
venting sabotage, and for the protection of said freeway
structures, in which event the terms of this agreement shall
Aft
-7-
be extended for a period equal to the emergency occupancy
by LESSOR, and during said period LESSEE shall be relieved
from the performance of any conditions or covenantsspeci-
fied herein.
14 . LESSOR hereby covenants and agrees with the LESSEE
that LESSEE, keeping and performing the covenants and agree-
ments herein contained on the part of LESSEE to be kept and
performed, shall at all times during the said tenancy,
peaceably and quietly have, hold and enjoy the premises,
without suit, trouble, or hindrance from LESSOR: provided,
however, and it is further agreed, that if LESSEE shall not
perform and fulfill each and every one of the conditions
and covenants herein contained to be performed by said
LESSEE; or if LESSEE discontinues use of each and every
part of the premises for more than a continuous period of
one hundred eighty (180) days; or if LESSEE attempts to
sell or assign these premises without the written concent
of LESSOR said act or acts of omission or commission may at
the option of LESSOR constitute a forfeiture of all rights
under this agreement, and the further occupancy of said
premises after such forfeiture by said LESSEE shall be
deemed, held and taken as a forcible detainer thereof by
said LESSEE, and said LESSOR may without notice reenter
and take possession thereof, and with or without force,
and with or without legal process, evict and disposses
said LESSEE from said above premises and if any suit be
brought the LESSOR against LESSEE from breach of any
condition or covenant herein contained by said LESSEE or
any summary action be brought by said LESSOR for forfeiture
of this agreement, or to recover possession of said pre-
mises, said LESSEE agrees to pay reasonable attorney' s
fees and costs for commencing and prosecuting said action
of which shall be ascertained and fixed by the Court.
-8-
15. In the event of the termination of this Agreement by
the expiration thereof, or for any other reason, LESSEE will
peaceably and Quietly leave, surrender, and yield up to the
LESSOR all LESSOR-owned premises in good order, condition and
repair, reasonable use and was thereof, and damage by earth-
quake, fire, public calamity, by the elements, by act of God,
or by circumstances over which LESSEE has no control, excepted.
Any improvements, signs, or appurtenances placed on LESSOR' S
premises pursuant to any provision hereof shall be removed by
LESSEE, or its approved sublessee upon the termination of the
Agreement and said premises shall be restored to their previous
condition, all at the expense of the LESSEE or its approved
sublessee; provided that if any such improvements, signs or
appurtenances are not so removed after thirty (30) days
written notice from LESSOR to LESSEE, LESSOR may proceed to
remove the same and to restore the said premises, and LESSEE
shall pay LESSOR upon demand, the reasonable cost and expense
to it of such removal and restoration, or LESSOR may, in its
absolute discretion, elect to declare the same the property
of LESSOR whereupon all right, title and interest of the
LESSEE therein shall forthwith terminate.
16 . Time is the essence of each and all of the terms and
provisions of this Agreement.
17. Notwithstanding anything herein contained to the con-
trary this Agreement may be terminated, and the provisions of
this Agreement may be altered, changed, or amended by mutual
written consent of the parties hereto.
18 . It is understood and agreed by and between the parties
hereto that LESSEE , or its approved sublessee, shall first
obtain permission in writing from LESSOR to install additional
lighting facilities, if LESSEE desires such facilities. All
lighting facilities shall be installed at LESSEE ' S expense.
19 . The terms and provisions of this Agreement shall
extend to and be binding upon and inure to the benefit of
ADA
-9-
of any successor or assignee of LESSEE only upon written
approval of LESSOR and concurrence of the Federal Highway
Administration. It is expressly agreed by the parties
that LESSEE may sublease this property to the Little Rock
Ambulance Authority subject to the terms and conditions
herein.
20 . LESSEE for itself, successors in interest and
assigns, as a part of the consideration hereof, does here-
by covenant and agree as a covenant running with the land
that:
(1) No person on the grounds of race, color, sex,
national origin or handicap, shall be excluded from parti-
cipation in, denied the benefits of, or be otherwise subject
to discrimination, in the use of said facilities ,
(2) That in the construction of any improvements on,
over or under such land and the furnishing of services
thereon, no person on the grounds of race, color, sex,
national origin, or handicap, shall be excluded from parti-
cipation in, denied the benefits of, or otherwise subjected
to discrimination.
(3) That the LESSEE shall use the premises in com-
pliance with all other requirements imposed by or pursuant
to Title 49 , Code of Federal Regulation, Department of
Transportation, subtitle A, Office of the Secretary, Part
21 , Non-discrimination in Federally-assisted programs of the
Department of Transportation Effectuation of Title VI of
the Civil Rights Act of 1964 , and as said Regulations may
be amended.
That in the event of breach of any of the above non-
discrimination covenants, LESSOR shall have the right to
terminate the lease and to reenter and repossess said
land and the facilities thereon, and hold the same as if
said lease had never been made or issued.
Ir►
-10-
21 . It is to be understood that LESSOR by execution
of this Agreement with LESSEE for the use of this area
as an ambulance center does not impair or relinquish the
LESSOR' S right to use such land for right-of-way purposes
when it is required for the construction or reconstruction
of the traffic facility for which it was acquired, nor shall
use of the land as an ambulance center under such Agreement
ever be construed as abandonment by the LESSOR of such land
acquired for highway purposes.
22 . It is understood by the parties that this Agreement
may be executed in any number of copies, each of which so
executed shall be deemed to be an original, and such
executed copies together shall constitute but one and the
same contract, which shall be sufficiently evidenced by any
such original executed copy.
Executed on the 12.th day of Seppernbetc
19 88
ARKANSAS STATE HIGHWAY COMMISSION, LESSOR
BY: ''
DIRECTOR OF HIGHWAYS AND TRANSPORTATION
CITY OF LITTLE ROCK, ARKANSAS, LESSEE
BY: --X1417-P--
7—
\ y .,s7" MAYO
ATTEST:
/
.1)
U CITY CL' - '
ACKNOWLEDGMENT
STATE OF ARKANSAS)
SS
COUNTY OF PULASKI)
On this / 2, day of ) , 1988 , before
me a Notary Public, duly commissioned and acting within and for
said County and State, appeared the within named a flit
and 4Q _, 5 i 446 being the City Clerk and the Mayor,
respectively, of L the Rock, Arkansas, to me well personally
known, who stated that they were the City Clerk and Mayor of
said Little Rock, Arkansas, and were duly authorized in their
respective capacities to execute the foregoing instrument for
and in the name and on the behalf of said City of Little Rock,
and further stated and acknowledged that they 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 sez my hand and
seal this /L day of }r1 . , 19 $3.
OTARY—VU 1 6
MY COMMISSION EXPIRES:
'4,- 3 - 90
ACKNOWLEDGMENTA6b, ANL
•
STATE OF ARKANSAS
SS
COUNTY OF PULASKI
BE IT REMEMBERED, that on this day came before me, the
undersigned Notary Public in and for said County and State,
Maurice Smith, whose name as Director of Highways and
Transportation, Arkansas State Highway and Transportation
Department, is signed to the foregoing instrument and who
is known to me, acknowledged before me on this day that he
in his capacity as such Director of Highways and Transportation
executed the same voluntarily on this day. ,
/1
Given under my hand and seal of office this „i day
of 1��.u'/,;,P_ , 19 W .
NOTARY PUBLIC
(SEAL)
My Commission Expires :
1
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. ixt,i0 RECuRD PROPERTY LEASE
. .' :-,, i, ,Ti'•,:t.:. :,..r,
(CITY OF LITTLE ROCK TO LITTLE ROCK AMBULANCE AUTHORITY)„... ..—
.
This Agreement made and entered into on the 12t/ti - . day--.
of Sep.tembe,t , 1988, by and between the City of "-J,:i'Etle .
Rock, LESSOR, and the Little Rock Ambulance Authority, LESSEE.
WHEREAS, on July 3 , 1985, LESSOR leased property within
,-1 the right-of-way of 1-630 along the south side of 8th Street
c)
1
m between Cross and Ringo Streets in Little Rock, Pulaski County,
H
m
1 Arkansas to LESSEE; and
4q
WHEREAS, LESSOR and LESSEE desire to enter into a new
lease encompassing the property included in the July 3 , 1985,
lease plus two adjacent parcels within the right-of-way; and
WHEREAS, LESSOR has previously entered into a lease
agreement for this land with the Arkansas State Highway
Commission (hereafter COMMISSION) ; and
WHEREAS, LESSOR and LESSEE intend that said adjacent
properties be used for employee parking, MEMS transit vehicle
parking, an addition to the existing Little Rock Ambulance
Authority building, and a helicopter pad; and
WHEREAS, LESSOR desires to protect its rights, interests
and obligations, as well as the rights, interests, and
obligations of the COMMISSION, in this land, and to assure its
continued use for a public purpose as that term is currently
understood by LESSOR and the COMMISSION,
WITNESSETH:
The LESSOR, for and in consideration of the sum of One
Dollar ($1) , and the undertakings of the LESSEE hereinafter
contained, has leased and let, and by these presents does hereby
lease and let unto LESSEE for the term, and for the purposes and
on the conditions hereinafter contained, the following described
real estate situated in Pulaski County, to-wit:
Part of Blocks 264, 288 and adjacent Ringo and
Cross Streets, Original City of Little Rock,
Pulaski County, Arkansas, more particularly
described as follows:
. Exhibit B
. ..
Beginning at the Northeast Corner of Block 307 ,
thence South 78 ° 43 ' 47" East a distance of 59 . 92
feet to the Northwest Corner of Block 288 ; thence
South 80° 23 ' 19" East along the North line of
Block 288 a distance of 300. 02 feet to the
Northeast Corner of said Block; thence South 80 °
09 ' 51" East a distance of 60. 0 feet to the
Northwest Corner of Block 264 ; thence South 80 °
22 ' 24" East along the North line of Block 264 a
distance of 90. 39 feet to a point on the
Northerly Control of Access Line of I-630 ; thence
in a Westerly direction along said Control of
Access Line a distance of 586 feet more or less
to a point on the West line of Cross Street;
thence in a Northerly direction along said West
line a distance of 59 feet more or less to the
point of beginning and containing 54 , 720 square
feet more or less.
To have and hold the same unto the said LESSEE for and
during the term hereinafter provided and the conditions
hereinafter expressed.
Term of Lease. This lease shall be for a term of one (1)
year, beginning on the rte!" day of 7:2,-,72 „, ,
and ending on the /-i, day of (1C-�Zek'19Y-7. , renewable annually
for seventy-five (75) years. The rent shall be One Dollar ($1)
per year.
THE PARTIES HERETO COVENANT AND AGREE AS FOLLOWS:
(1) The premises shall be used during the tenancy hereof
exclusively for the purpose of housing the LESSEE's offices,
maintenance area, equipment, parking (including MEMS transit
vehicle parking) and a helipad. The lease and all rights granted
the LESSEE hereunder shall terminate with right of possession
reverting to the LESSOR in the event that the use of the
premises is changed, without the prior written consent of
LESSOR, the COMMISSION, and the Federal Highway Administration.
Vehicular access to the area described in this agreement
directly from the established grade line of Interstate 630 is
specifically prohibited.
(2) LESSEE is granted permission to install facilities
for, and to operate on the premises, a gasoline supply station;
vehicles used or designed for the transportation of gasoline or
petroleum products shall be permitted on the premises ; bulk
storage of gasoline or petroleum products shall be permitted on
the premises. The LESSEE shall also be permitted to operate a
liquid oxygen refilling system on the premises (not cascading
system) . In storing, maintaining, dispensing, and operating the
materials enumerated in this paragraph, the LESSEE shall at all
times comply with applicable safety rules, regulations, and
statutes and shall act so as to minimize the risk of death,
injury, or property damage due to fire, explosion, or other
danger attendant to the materials.
(3) No permanent improvements or alterations shall be
made in, on, or upon the premises without the consent and
approval of the LESSOR and concurrence of the COMMISSION and
Federal Highway Administration being first obtained, in writing,
under penalty of cancellation of the agreement.
(4) No materials or supplies of any nature will be stored
on the premises except as required in the daily operation of the
facilities and then only if same are stored in a manner that
obviates any fire hazard. All structures located or constructed
on the premises will be fireproof. LESSEE shall, at its own
expense, take out and keep in force during the within tenancy
fire and other hazard insurance in a company or companies to be
approved by the LESSOR to protect the highway structure against
fire or other hazard damage resulting from any and every cause
occurring in or about the premises and incident to the use of
the the premises, with a policy limit of not less than $100, 000
for any one accident.
(5) LESSEE shall , at its own expense, take out and keep
in force during the within tenancy:
(a) public liability insurance, in a company or
companies to be approved by LESSOR to protect against any
liability to the public incident to the use of, or
resulting from injury to, or death of, any person
occurring in, or about, the premises, in the amount of
not less than $200, 000, against the claims of two or more
persons resulting from any one accident; and
(b) property damage or other insurance, in a company
or companies to be approved by LESSOR, to protect LESSEE
and LESSOR against any and every liability incident to
the use of or resulting from any and every cause
occurring in or about the premises, including any and all
liability of the LESSEE and LESSOR, for damages in the
amount of not less than $50, 000. Said policies shall
insure the contingent liabilities, if any, of LESSEE and
LESSOR and shall obligate the insurance carriers to
notify LESSEE, LESSOR, and the COMMISSION, in writing,
not less than fifteen (15) days prior to the cancellation
thereof, or any other change affecting the coverage of
the policies. If said policies contain any exclusion
concerning property in the care, custody, or control of
the insured, an endorsement shall be attached thereto
stating that such exclusion shall not apply with regard
to any liability of the LESSEE, LESSOR, and the
COMMISSION.
(6) The LESSEE agrees:
(a) to pay all taxes and assessments that may be
legally assessed on LESSEE's possessory interest, or on
any improvements or equipment placed by LESSEE on said
premises during the continuance of the tenancy hereby
created;
(b) to pay all charges for water furnished to the
herein described premises though a meter to be contracted
for by LESSEE if any; and
(c) to pay all charges for electricity furnished or
supplied to or upon any part of the premises, if any; and
that said electricity shall enter said premises through a
meter to be contracted for by LESSEE.
(7) No signs, displays or devices shall be erected on the
premises designated in the agreement without approval of the
LESSOR, the COMMISSION and the Federal Highway Administration as
the type, number, size, location and design.
(8) No vending of any kind or character shall be
conducted, permitted, or allowed upon the premises except
vending machines for drinks or food maintained solely for the
convenience of LESSEE's employees.
(9) LESSEE shall , at its sole expense, keep and maintain
the premises free of all grass, weeds, debris, and inflammable
materials of every description and at all times in an orderly,
clean, safe, and sanitary condition. The area will be adequately
lighted. LESSEE also agrees not to permit hazardous or
unreasonable objectionable smoke, fumes, vapor, or odors to rise
above the grade line of the highway.
(10) LESSEE shall secure all necessary permits required
in connection with operations on the premises and shall comply
with all federal , state and local statutes, ordinances, or
regulations which may affect, in any respect, LESSEE's use of
the premises.
(11) LESSEE, at its own cost and expense, shall maintain
said premises, including all driveways and fences and guard
rails heretofore, or hereafter erected, provided that the LESSEE
may at its expense install and maintain such additional
entrances as may be required by its uses of said premises,
subject to the approval as to the location thereof by LESSOR.
LESSEE shall be liable to and shall reimburse the LESSOR,
or the COMMISSION, for any damage to fences, guard rails, piers,
or columns in any way resulting from or attributable to the use
and occupancy of said premises by LESSEE or any person entering
upon the same with the consent of LESSEE, expressed or implied.
Proposed plans for driveways, surfacing and lighting shall be
filed with and approved by LESSOR prior to the commencement of
any work hereunder by LESSEE.
(12) When the commencement of any repair, painting,
maintenance, safety or construction work on the highway or
highway structures is anticipated by the COMMISSION in
reasonably sufficient time to notify LESSEE so that it may take
precautionary measures for the protection of persons and
property on the premises, the COMMISSION agrees to give written
notice of same to the LESSOR stating the location and nature of
anticipated work in reasonably sufficient time and detail that
LESSEE may take whatever precautionary measures it deems
appropriate.
Except when the COMMISSION fails to comply with said
notice requirement, LESSEE agrees to occupy and use said
premises at its own risk and expense.
(13) LESSOR specifically reserves the right of entry by
any authorized officer, engineer, employee, contractor, or agent
of LESSOR, the COMMISSION or the Federal Highway Administration
for the purpose of inspecting said premises in connection with
the protection, maintenance, painting, and operation of the
freeway structures and its appurtenances ; provided further, that
LESSOR, for itself and for the COMMISSION, reserves the further
right at its discretion, to immediate possession of the same
only in case of any national or other emergency, or for the
purpose of preventing sabotage, and for the protection of said
freeway structures, in which event the terms of this agreement
shall be extended for a period equal to the emergency occupancy
by LESSOR or the COMMISSION, and during said period LESSEE shall
be relieved from the performance of any conditions or covenants
specified herein.
(14) LESSOR hereby covenants and agrees with LESSEE that
LESSEE, keeping and performing the covenants and agreements
herein contained on the part of the LESSEE to be kept and
performed, shall at all times during the said tenancy peaceably
and quietly have, hold and enjoy the premises, without suit,
trouble, or hindrance from LESSOR; provided, however, and it is
further agreed, that if LESSEE shall not perform and fulfill
each and every one of the conditions and covenants herein
contained to be performed by LESSEE or in an equipment lease
entered into separately but incorporated herein for purpose of
this clause; or if LESSEE discontinues use of each and every
part of the premises for more than a continuous period of one
hundred eighty (180) days; or if the LESSEE attempts to sell or
assign these premises without the written consent of the LESSOR
said act or acts of omission or commission may at the option of
LESSOR constitute a forfeiture of all rights under this
agreement, and the further occupancy of said premises after such
forfeiture by LESSEE shall be deemed, held and taken as a
forcible detainer thereof by LESSEE, and LESSOR may without
notice reenter and take possession thereof, and with or without
force, and with or without legal process, evict and dispossess
LESSEE from said above premises ; and if any suit be brought by
LESSOR against LESSEE for breach of any condition of covenant
herein contained by LESSEE or any summary action be brought by
said LESSOR for forfeiture of this agreement, or to recover
possession of said premises, LESSEE agrees to pay reasonable
attorney' s fees and costs for commencing and prosecuting said
action as ascertained and fixed by the Court.
(15) In the event of the termination of this agreement by
the expiration thereof, or for any other reason, LESSEE will
peaceably and quietly leave, surrender, and yield up to the
LESSOR all LESSOR-owned property in good order, condition, and
repair, reasonable use and wear thereof, and damage by
earthquake, fire, public calamity, by the elements, by act of
God, or by circumstances over which the LESSEE has no control,
excepted. Any improvements, signs, or appurtenances placed on
LESSOR's premises pursuant to any provision hereof shall be
removed by LESSEE upon the termination of the agreement and said
premises shall be restored to their previous condition, all at
the expense of LESSEE; provided, that if any such improvements,
signs or appurtenances are not so removed after thirty (30) days
written notice from LESSOR to LESSEE, LESSOR may proceed to
remove the same and to restore the said premises.
(16) Time is of the essence on each and all of the terms
and provisions of this Agreement.
(17) Notwithstanding anything herein contained to the
contrary this Agreement may be terminated, and the provisions of
this Agreement may be altered, changed, or amended by mutual
written consent of the parties hereto.
(18) It is understood and agreed by and between the
parties hereto that LESSEE shall first obtain permission in
writing from LESSOR to install additional lighting facilities,
if LESSEE desires such facilities. All lighting facilities shall
be installed at LESSEE's expense.
(19) LESSEE for itself, as a part of the consideration
hereof, does hereby covenant and agree as a covenant running
with the land that:
(1) no person on the ground of race, color, sex,
national origin, or handicap, shall be excluded from
participation in, denied the benefits of, or be otherwise
subjected to discrimination, in the use of said
facilities,
(2) that in the construction of any improvements on,
over or under such land and the furnishing of services
thereon, no person on the ground of race, color, sex,
national origin, or handicap, shall be excluded from
participation in, denied the benefits of, or otherwise
subjected to discrimination,
(3) that LESSEE shall use the premises in compliance
with all other requirements imposed by or pursuant to
Title 49 , Code of Federal Regulation, Department of
Transportation, Subtitle A, Office of the Secretary, Part
21, Nondiscrimination in Federally-assisted programs of
the Department of Transportation Effectuation of TITLE VI
of the Civil Rights Act of 1964 , and as said Regulations
may be amended.
It is understood by the parties that in the event of
breach of any of the above nondiscrimination covenants, the
LESSOR or the COMMISSION shall have the right to terminate the
lease and to reenter and repossess said land and the facilities
thereon, and to hold the same as if said lease had never been
made or issued.
(20) It is to be understood by LESSEE that execution of
this agreement with LESSOR for the use of this area as an
ambulance center does not impair or relinquish the COMMISSION'S
right to such land for right-of-way purposes when it is required
for the construction or reconstruction of the traffic facility
for which it was acquired, nor shall use of the land as an
ambulance center under such agreement ever be construed as
abandonment by the COMMISSION of such land acquired for highway
purposes.
(21) It is understood by the parties that this agreement
may be executed in any number of copies, each of which so
executed shall be deemed to be an original , and such executed
copies together shall constitute but one and the same contract,
which shall be sufficiently evidenced by any such original
executed copy.
Executed this / fi(,,, day of „ 19!!.
CITY OF LITTLE ROC , ARKANSAS
LESSOR
BY: i ( t aeil
MAYOR 7
LITTLE ROCK AMBULANCE AUTHORITY,
LESSEE
7
BY: f 14' t r ‘,1 )y -C"` X4
ATTEST: -\ \
n
CITVLERK
mis:80405
ACKNOWLEDGMENT
STATE OF ARKANSAS)
SS
COUNTY OF PULASKI)
BE IT REMEMBERED, that on this day came before the
undersigned, a Notary Public, within and for the County and
State aforesaid, duly commissioned and acting, , A,
to me well known as the Chairman of the Little Rock Ambulance
Authority, who stated that he had executed the foregoing
instrument as Director for the consideration and purposes
therein mentioned and set forth.
WITNESS my hand and seal as such Notary Public on this
// day of � , 191r.
NOTARY PUBLIC
MY COMMISSION EXPIRES:
-y-9a
ACKNOWLEDGMENT
STATE OF ARKANSAS)
SS
COUNTY OF PULASKI)
On this 12th day of Septembek , 1988 , before
me a Notary Public, duly commissioned and acting within and for
said County and State, appeared the within named Jane Czech
and Lott-1e Shacke o)Ld , being the City Clerk and the Mayor,
respectively, of Little Rock, Arkansas, to me well personally
known, who stated that they were the City Clerk and Mayor of
said Little Rock, Arkansas, and were duly authorized in their
respective capacities to execute the foregoing instrument for
and in the name and on the behalf of said City of Little Rock,
and further stated and acknowledged that they 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
seal this 12th day of Septembetc , 1988
NOTARY PUBIC
MY COMMISSION EXPIRES :
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ARKANSAS STATE HIGHWAY&TRANSPORTATION DEPARTMENT
MINUTE ORDER
Pulaski2
Page of Pages
Count}'
District Numbe- 6
1 3:LREAS, the Arkansas State Eighway Commission on May 21,
1985, leased to the City of Little Rock for one year certain
highway right of way for use by the Little Rock Ambulance
Authority; and
EREAS, the City of Little sock has requested that
additional property, adjacent to that now an use, be leased
to it and a new lease executed covering the expanded area,
which area is described as follows
Part of Blocks 264, 288 and adjacent Ringo and
Cross Streets, Original City of Little Rock,
Pulaski County, Arkansas, more particularly
described as follows
Beginning at the Northeast Corner of Block 307;
thence South 78' 43' 470 rest a distance of 59.92
feet to the Northwest Corner of Elock 288: thence
South 80' 23' 19" East along the north line of
Block 288 a distance of 300.02 feet to the North-
east Corner of said Block; thence nth 80. 09'
51" East a distance of 60.0 feet to the Northwest
Corner of Block 264; thence South 80. 22' 24" Last
along the North line of Block 264 a distance of
90.39 feet to a point on the Northerly Control of
Access Line of 1-630; thence in a Westerly
direction along said Control of Access Line a
distance of 586 feet more or less to a point on
the West line of Cross Street: thence in a
Northerly direction along said West line a
distance of 59 feet more or less to the point of
beginning and containing 54,720 square feet more
or less: and
ARKANSAS STATE HIGHWAY&TRANSPORTATION DEPARTMENT
MINUTE ORDER
Pii1a County Page of Pages
District Number__
WHEREAS, the Chief of :,i ht of Way, after conferrins with:
the Lavironmental and Traffic Divisions, has recommended the
proposed lease, which reco:mendation has been concurred in by
the Regional Administrator of the Federal }.tion ay Administration.
NOR, iTil:aLrOR, to r irector is ac:thoritled to execute the
f=ropo ed lease of the: above described property to the City of
Little Rock: for the sum of One Dollar ($1. ) per year.
Approved: Submitted by:
Chairman
(Title)
Vice-Chairman Approved:
Member
Director
p //�
Member Minute No.
8S ` '2s
Member Date Passed
Form D-456 •