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HomeMy WebLinkAbout130011 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. 13,001 A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO EXECUTE A PERMIT WITH THE UNITED STATES GENERAL SERVICES ADMINISTRA- TION FOR THE INSPECTION OF 2020 VANCE STREET, LITTLE ROCK, AR- KANSAS; AND FOR OTHER PURPOSES. WHEREAS, the City has indicated an interest in the possible acquisition of the Little Rock Job Corps Center, located at 2020 Vance Street, Little Rock, Arkansas, as a potential location for homeless services and programs to be supported by the City; and, WHEREAS, in order to conduct an appropriate due diligence review of the property before any negotiations or further discussions with the United States General Services Administration (GSA) must be completed; and WHEREAS, GSA is willing to allow such inspection, but only upon the execution of a "Permit for Non - Federal Inspection of Real Property," authorized by governing body of the City; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LIT- TLE ROCK, ARKANSAS: Section 1. The City Manager, City Clerk, and City Attorney, are authorized to execute a GSA "Permit for Non - Federal Inspection of Real Property," in substantially the form as set forth in Exhibit A to this Resolution. Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the resolution which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the resolution. Section 3. Repealer. All laws and parts of laws inconsistent with the provisions of this resolution are hereby repealed to the extent of such inconsistency. ADOPTED: July 21, 2009 APPROVED: Mark Stodola, Mayor 31 32 APPROVED AS TO LEGAL FORM: 33 34 � 35 Thomas M. Carpenter, City Att t ney 36 37 [PAGE 1 OF 5] I EXHIBIT "A" 2 3 PERMIT FOR NON - FEDERAL INSPECTION OF REAL PROPERTY 4 This form must be prepared by each person inspecting Federal Property and delivered to GSA at time of 5 arrival 6 7 GSA CONTROL NO. 7 -L -AR -0573 8 The United States General Services Administration ( "GSA "), hereby grants THE CITY OF LITTLE 9 ROCK, ARKANSAS, (hereinafter referred to as the "Permit Holder "), its officers, employees, 10 agents, representatives and designated contractors hereinafter ( "Permit Holder ") a revocable permit grant - 11 ing consent to permit the Permit Holder to enter onto and inspect the real property hereinafter described 12 (the "Property "), subject to the following terms and conditions for the purpose(s) described below: 13 14 This permit is granted to the Permit Holder for the express and sole purpose of making entry on the Prop - 15 erty to complete it's environmental due diligence inspection for a period of time effective 16 _through 17 18 Lots 1 and 2, and Tract "A" RED CARPET INN ADDITION to the City of Little Rock, in 19 Pulaski County, Arkansas; AND, 20 21 Lots 5 and 6, Block 18, BRAGG'S SECOND ADDITION to the City of Little Rock, in 22 Pulaski County, Arkansas, LESS AND EXCEPT that part of said Lots 5 and 6, more par - 23 ticularly described as starting at the Southwest corner of said Block 18, said point being 24 at the Northeast intersection of East 20th Street and Vance Street; thence South 8739' 25 East along the South line of Lot 6 for a distance of 73.27 feet to a point on the Westerly 26 right -of -way of the Little Rock Expressway, for a point of beginning; thence North 27 66 °29' East along said right -of -way line for a distance of 4.75 feet to a point; thence 28 North 66 °15' East along said line for a distance of 10.40 feet to a point; thence North 29 61'28' East along said line for a distance of 10.70 feet to a point; thence North 31'44' 30 East along said line for a distance of 10.87 feet to a point; thence North 28 °54' East along 31 said line for a distance of 10.40 feet to a point; thence North 26 °59' East along said line 32 for a distance of 10.22 feet to a point; thence North 14 °08' East along said line for a dis- 33 tance of 9.89 feet to a point on the North line of Lot 6; thence North 14 °08' East along 34 said line for a distance of 14.17 feet to a point; thence North 20 °09' East along said line 35 for a distance of 10.77 feet to a point; thence North 23 °21' East along said line for a dis- 36 tance of 10.03 feet to a point; thence North 39 °03' East along said line for a distance of 37 12.14 feet to a point; thence North 51 °41' East along said line for a distance of 10.03 feet 38 to a point; thence North 5707' East along said line for a distance of 0.40 feet to a point 39 on the North line of Lot 5; thence South 8739' East along the North line of Lot 5, for a 40 distance of 4.60 feet to the Northeast corner of Lot 5; thence South 01'49' West along the 41 East line of Lots 5 and 6 for a distance of 100.00 feet to the Southeast corner of Lot 6; 42 thence North 8739' West along the South line of said Lot 6, a distance of 69.51 feet to 43 the point of beginning. 44 45 The Property is also identified as 2020 Vance Street, Little Rock, Arkansas 72206. 46 47 Together with that certain easement across Tract A, Red Carpet Inn Addition to the City 48 of Little Rock, Pulaski County, Arkansas, recorded in Deed Book 1278 at Page 115, 49 50 By the acceptance of this permit, the Permit Holder agrees to abide and be bound by the following terms 51 and conditions: PAGE 2 OF 5] 2 1. The Property under the custody and control of the United States of America which is subject to this 3 permit. 4 5 2. Any inspection, assessment, testing, evaluation or reporting by the Permit Holder, shall be coordi- 6 nated with GSA. The following GSA point of contact person or project representative is: 7 8 William Rollings, Realty Specialist 9 General Services Administration 10 817 -978 -4324 11 12 3. It is understood and agreed that the Permit Holder shall provide reasonable advance. notice to the 13 GSA representative of its requirement(s) for access to the Property. 14 15 4. THE PERMIT HOLDER AGREES THAT ANY ENTRY MADE BY -IT OR ITS OFFICERS, 16 EMPLOYEES, REPRESENTATIVES, AGENTS AND CONTRACTORS IS AT ITS OWN SOLE 17 AND EXCLUSIVE RISK AND EXPENSE. 18 19 5 IT IS UNDERSTOOD BY THE PERMIT HOLDER THAT THE PROPERTY TO BE IN- 20 SPECTED, SURVEYED OR EVALUATED MAY CONTAIN ASBESTOS (INCLUDING FRI- 21 ABLE ASBESTOS) LEAD BASED PAINTS OR OTHER MATERIALS, OR HAZARDOUS 22 MATERIALS OR HAZARDOUS CONDITIONS. THE PERMIT HOLDER IS GRANTED AC- 23 CESS ONLY AT ITS OWN SOLE RISK AND EXPENSE AND ONLY UPON ITS ASSUMP- 24 TION OF THE COMPLETE AND ENTIRE RISK FOR EXPOSURE TO ANY SUCH ELE- 25 MENTS, MATERIALS OR CONDITIONS. IT IS AGREED THAT THOSE WISHING ENTRY 26 UPON THE PROPERTY WILL TAKE SUCH PRECAUTIONS, AND HAVE SUCH TRAINING 27 AND EQUIPMENT, INCLUDING RESPIRATORS, MASKS, PROTECTIVE CLOTHING OR 28 OTHER SUCH SAFETY EQUIPMENT AS IS WARRANTED BY THE PARTICULAR FACTS 29 AND CIRCUMSTANCES. 30 31 6. The GSA representative shall coordinate access to buildings, facilities or space located on the 32 Property. Nothing in this permit shall be construed to provide the Permit Holder access to space 33 occupied by other federal agencies. Under no circumstances shall the operational capability of any 34 federal agency be impaired by the use of the Property. 35 36 7. The conduct of any actions or activities by the Permit Holder and its representatives on the subject 37 federal property shall be in accord with accepted industry practices, sound engineering practices 38 and such standards of care as are ordinary, usual and customary within the industry, field, trade, or 39 profession. Any areas of the Property which are disturbed will first be cleared with agency person - 40 nel so that utility, gas, telephone or other such facilities, whether expressly mentioned herein or 41 not, are not damaged or disturbed. 42 43 8. The Permit Holder shall provide, at no risk or expense to GSA within three (3) business days of its 44 own receipt of such information, evaluation, survey, inspection or assessment results or informa- 45 tion; a copy of any report, correspondence, findings or information obtained, together with such 46 raw data, method, scientific methods, sample locations, analysis or other such material as would 47 aid in review evaluation and assessment of the information. 48 49 9. It is understood that such inspection, investigation, testing and evaluation report or results are being 50 obtained solely to permit the Permit Holder to reach a reasonable business decision regarding ac- 51 quisition of the property. [PAGE 3 OF 5] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 10. The Permit Holder shall comply with all security procedures, measures, or restrictions in, on or about the Property under the custody and control of the United States of America. Permit Holder further agrees that it shall not make a record of, film, draw, report or discuss any security methods, measures or procedure in, on or about property under the custody and control of the United States of America, such as, but not limited to, security cameras, alarms, building designs or blueprints, guard posts, tenant lists check points, access or departure procedures without the prior written con- sent of GSA. 11. The Permit Holder shall confine activities on the Property strictly to that necessary for the Purpose of making a visual inspection of the property. The Permit Holder shall take every measure to avoid injury or other damage to Government property. 12. The Permit Holder shall comply with all applicable Federal laws, rules, and regulations and all ap- plicable State and local laws, rules and regulations in its activities on the Property. 13. If the Permit Holder requests other than visual inspection of the Property, the Permit Holder shall, at its sole expense, inform, obtain and carry hazard insurance in a form acceptable to GSA in such amounts and under such terms and conditions as may be required by GSA to protect its interests in the property involved throughout the term of this permit. 14. Certified copies of the policy endorsements, certificates, and proof of insurance as may be required by GSA shall be furnished to the Government within 15 days of obtaining any such hazard insur- ance. Such endorsements shall be manually countersigned with GSA named as an additional in- sured. 15. Any property of the United States of America which must be removed to permit exercise of the purpose for which this Permit is given shall be stored, preserved and restored, relocated or removed from the site and returned to its original location at the sole cost and expense of the Permit Holder, under the direction of the GSA Contracting Officer. 16. At the sole option of GSA, the breach by the Permit Holder of any of the aforementioned terms and conditions shall constitute sufficient cause for cancellation and revocation of this permit. Accepted and agreed to this day of 12009. Bruce Moore Phone Title: City Manager Email PAGE 4 OF 5] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 CERTIFICATION I, Bruce Moore certify that I am the City Manager for the City of Little Rock Arkansas, an Arkansas mu- nicipal corporation, with principal offices at 500 West Markham, Little Rock, Arkansas 72201 , who signed this Permit on behalf of Permit Holder and that said Permit was duly signed for and on behalf of said City of Little Rock, Arkansas by authority of its governing body and is within the scope of authority of the City of Little Rock, Arkansas. (Seal) Signature of Certifying Official CERTIFICATE OF CITY ATTORNEY I, Thomas M. Carpenter, acting as City Attorney for the City of Little Rock, a municipal corporation es- tablished in the State of Arkansas, do hereby certify: That I have examined the foregoing Permit and the proceedings taken by the Purchaser relating thereto, and find that the execution thereof by the Purchaser has been duly authorized and that the execution thereof is in all respects in accordance with the laws of the State of Arkansas and the City of Little Rock, Arkansas, and further that, in my opinion, the Permit constitutes a legal and binding obligation of the Pur- chaser in accordance with the terms thereof. Signature of City Attorney Date [PAGE 5 OF 5]