HomeMy WebLinkAbout18344I ORDINANCE NO. 18,344
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3 AN ORDINANCE TO DECLARE IT IMPRACTICAL AND
4 UNFEASIBLE TO BID THE CONCESSION SERVICES FOR THE
5 STATEHOUSE CONVENTION CENTER; TO AWARD SUCH
6 SERVICES TO BG EXCELSIOR LIMITED PARTNERSHIP
7 PURSUANT TO THE TERMS AND CONDITIONS OF THE
8 AMENDED, RESTATED AND SUBSTITUTED LEASE AND
9 CONCESSION AGREEMENT; TO DECLARE AN EMERGENCY;
10 AND FOR OTHER PURPOSES.
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12 WHEREAS, the City has agreed to various terms and conditions for an
13 Amended, Restated, and Substituted Lease and Concession Agreement between the
14 City, the Little Rock Advertising & Promotion Commission, and BG Excelsior Limited
1s Partnership, for the lease that effects the Statehouse Convention Center properties and
16 certain property of the area commonly and generally referred to as the Excelsior Hotel,
17 and
18 WHEREAS, as aspect of this agreement includes the right exclusively to provide
19 catering services within the properties in areas that under the control of the City of Little
20 Rock, Arkansas, acting on its own behalf or through the Little Rock Advertising &
21 Promotion Commission, and
22 WHEREAS, in light of the fact that BG Excelsior Limited Partnership intends
23 to invest approximately $28,000,000 in the renovation of the properties, and in light of
24 the fact that it is not practical to permit multiple entities to provide concessions within
25 the areas covered by the Amended, Restated and Substituted Lease and Concession
26 Agreement, and
27 WHEREAS, under these circumstances, the Little Rock Advertising &
28 Promotion Commission recommends such an exclusive concession agreement,
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1 NOW, TBEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
2 THE CITY OF LITTLE ROCK, ARKANSAS:
3 Section 1. The Board authorizes an exclusive concession agreement between the City
4 of Little Rock and BG Excelsior Limited Partnership for the areas covered by and included in
5 the Amended, Restated and Substituted Lease and Concession Agreement ( "Amended Lease "),
6 provided such agreement is executed by the close of business on September 15, 2000.
7 Section 2. In light of the commitments and other terms and conditions set forth in the
8 Amended Lease, the Board declares that it is impractical and unfeasible to submit this
9 agreement for concessions to competitive bidding.
10 Section 3. Severability. In the event any title, section, paragraph, item, sentence,
11 clause, phrase, or word of this ordinance is declared or adjudged to be invalid or
12 unconstitutional, such declaration or adjudication shall not affect the remaining portions of the
13 ordinance which shall remain in full force and effect as if the portion so declared or adjudged
14 invalid or unconstitutional was not originally a part of,the ordinance.
15 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are
16 inconsistent with the provisions of this resolution are hereby repealed to the extent of such
17 inconsistency.
18 Section 5. Emergency. The ability to operate a successful convention center hotel, and
19 to assure that concessions are properly provided in such a hotel, is essential to the public health,
20 safety and welfare, particularly in a city and state, like Little Rock, Arkansas, that considers
21 tourism to be a major portion of its economy; an emergency is, therefore, declared to exist and
22 this ordinance shall be in full force and effect on the date of closing and execution and delivery
23 of the revised form of the Amended, Restated and Substituted Lease and Concession Agreement
24 by and between the City of Little Rock, Arkansas, the Little Rock Advertising and Promotion
25 Commission, and BG Excelsior Limited Partnership, approved this same date in Little Rock,
26 Ark., Resolution No. 10,884, and scheduled to be executed no later than September 15, 2000.
27 PASSED: August 29, 2000
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ATTEST: APPROVED:
Nancy Wood Q21ty Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City ttorney
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