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HomeMy WebLinkAbout130093 A RESOLUTION TO AUTHORIZE THE MAYOR, CITY MANAGER AND 4 CITY CLERK TO EXECUTE ANY AND ALL DOCUMENTS TO ACCOMPLISH 5 AN AMENDED AND SUBSTITUTED LEASE AGREEMENT WITH THE WAR 6 MEMORIAL STADIUM COMMISSION; AND FOR OTHER PURPOSES. 7 8 WHEREAS, the Board of Directors adopted Little Rock, Ark., Resolution No. 10,473 (February 16, 9 1999), to allow entry into a lease agreement with the War Memorial Stadium Commission ( "the Commis - 10 sion ") as to parking within War Memorial Park; and 11 WHEREAS, after further negotiations to update the provisions of the lease agreement new terms 12 have been reached for an amended and substituted agreement; and, 13 WHEREAS, state statute requires that the Mayor and City Clerk be authorized to enter into this 14 amended and substituted lease agreement; 15 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 16 OF LITTLE ROCK, ARKANSAS: 17 Section 1. Pursuant to Ark. Code Ann. § 15 -54 -302 (West 2004), the Mayor, City Manager and City 18 Clerk are authorized to execute any and all documents required for an amended and substituted lease 19 agreement to replace the lease agreement authorized by the City in Little Rock, Ark., Resolution No. 20 10,473 (February 16, 1999). 21 Section 2. Because the City Manager shall be responsible for the administration of this agreement, 22 the Board of Director further requires that the City Manager execute any and all documents required for 23 an amended and substituted lease agreement. 24 Section 3. The Amended and Substituted Lease agreement shall be in substantially the same form as 25 that attached as Exhibit A to this resolution. 26 Section 4. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 27 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or adju- 28 dication shall not affect the remaining portions of the resolution which shall remain in full force and ef- 29 fect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the 30 ordinance. 31 32 33 34 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistei�� with the provisions of this resolution are hereby repealed to the extent of such inconsistency. •```` v ADOPTED: August 3, 2009 = w ; [PAGE 1 OF 141 Resolution to authorize amended and substituted lease agreement with War Memorial Stadium Commission for parking G 'ttltP }tAS 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 ATTEST: Susan Lranger,g City Clerk APPROVED O LEGAL FORM: Lr�lg�y1 Thomas M. Carpenter, City to ney // // // // // // // // // // // // // // // // // // // // // // // // Resolution to authorize amended and substituted lease agreement with War Memorial Stadium Commission for parking [PAGE 2 OF 14] Mayor 1 EXHIBIT "A" 2 AMENDED AND SUBSTITUTED LEASE AGREEMENT 3 THIS AMENDED AND SUBSTITUTED LEASE AGREEMENT made and entered into this 4 day of , 2009, by and between the City of Little Rock, Arkansas, a political subdivision 5 of the State of Arkansas, as lessor (the "Lessor "), and the War Memorial Stadium Commission, a body 6 corporate and political subdivision of the State of Arkansas, as lessee (the "Lessee "). 7 WITNESSETH: 8 1. LEASED PREMISES. 9 The Lessor, for the consideration, uses, purposes and covenants hereinafter set forth, does hereby let, 10 lease and demise unto the Lessee all paved areas utilized as parking facilities which are owned by the 11 Lessor as of the date of this Lease and are immediately adjacent to the War Memorial Stadium (the "Sta- 12 dium ") in the City of Little Rock, Arkansas, designated on the map attached hereto and incorporated 13 herein as Exhibit "A ", and the aerial photograph attached hereto and incorporated herein as Exhibit `B ". 14 The Leased Premises are bound on the North by Markham Avenue, on the East by Monroe Street, on the 15 South by Zoo Drive, and on the West by Fair Park Avenue, together with appurtenances and rights -of- 16 way incident thereto (the "Leased Premises ", or "Lease Area" on Exhibits "A" and `B "). However, no 17 parking will be allowed within the areas so designated and marked in red on Exhibits "A" and "B ". The 18 parties reserve the right to add a survey or legal description of the Leased Premises at a later date. 19 TO HAVE AND TO HOLD the same unto said Lessee for and during the term hereof, upon and sub- 20 ject to the terms and conditions hereinafter set forth. 21 2. TERM /RENEWAL OPTION. 22 (a) The term of this Lease Agreement shall commence on the date hereof and shall terminate on De- 23 cember 31, 2018, with a 5 -year renewal option on the same terms and conditions as stated in this Lease 24 Agreement. [PAGE 3 OF 14] Resolution to authorize amended and substituted lease agreement with War Memorial Stadium Commission for parking 1 (b) The renewal option is conditioned upon Lessor's right, exercised in its discretion, to renegotiate 2 the payment of rent as may be agreed to by Lessee upon notice to Lessor of Lessee's desire to exercise the 3 renewal option. 4 (c) The renewal option shall be in writing by the Lessee and received by Lessor no later than ninety 5 (90) days in advance of the expiration of the Lease term. 6 3. CONSIDERATION. 7 The Lessee shall pay to Lessor, and the Lessor agrees to accept as rent for the Leased Premises: 8 (a) One dollar and other good and valuable consideration as follows: 9 1. Lessee agrees to release Lessee's perpetual parking easement East of the Zoo 10 (Parcels 3 and 4 as identified in Exhibit "C "). The Lessor will make the subject 11 property in Exhibit "C" available to Lessee for special event parking during cal- 12 endar year 2009, and continue to make this property available to Lessee on a 13 year -to -year basis for special event parking until such time as Lessor's develop- 14 ment plans make this property no longer available for parking. 15 2. Lessee agrees to design, landscape and maintain all medians and parking lot 16 boundaries as identified as marked in green in Exhibit D, and to define the park 17 edge on the Monroe Street boundary with the installation of appropriate materials 18 as agreed to by Lessor and Lessee. These improvements shall be accomplished 19 under the direction and supervision of the Lessor and shall be acceptable to the 20 Lessor. 21 3. Establish a publicly accessible designated walking track around the outside of 22 War Memorial Stadium. Lessor shall work with Lessee on its design, site line is- 23 sues, with Lessor responsible for the expense of any median relocation which 24 may become necessary. 25 4. Lessee shall reimburse Lessor for all costs incurred by the Lessor in connection 26 with the use of the Leased Premises for Special Events (as defined in Paragraph [PAGE 4 OF 14] Resolution to authorize amended and substituted lease agreement with War Memorial Stadium Commission for parking 1 4), including, but not limited to, lost revenues of the War Memorial Golf Course 2 and the War Memorial Fitness Center related to Special Event parking, and spe- 3 cial supply and equipment costs. Said reimbursement shall not exceed 4 $15,000.00 for each Special event, plus any damages incurred at parking areas. 5 4. USES, RESERVATIONS, AND RESPONSIBILITIES. 6 (a) The Leased Premises shall be used by the Lessee, subject to the reservations of the Lessor set 7 forth below, for the parking of vehicles in connection with Special Events (such as Arkansas Razorback 8 football games and concerts) scheduled inside the Stadium and designated by the Lessor. The Special 9 Event parking area is designated on the map attached as Exhibit "A ". Specifically excluded from the 10 Special Event parking area are all tees and greens of the War Memorial Golf Course, as well as the other 11 areas specifically excluded on Exhibit "A ". No parking will be allowed within the areas so designated 12 and marked in red on Exhibit "A ". The parties reserve the right to add a survey or legal description of the 13 Special Event parking area at a later date. The Special Event parking area will be available to the Lessee 14 on the day of the Special Event beginning at a time to be designated for each Special event by the Les- 15 sor's City Manager or designee. 16 (b) The Lessee may also further sublease all or a portion of the Leased Premises, subject to the 17 reservations of the Lessor set forth below, to the State of Arkansas, or instrumentalities, departments or 18 agencies thereof, for the purpose of Monday through Friday vehicle parking. 19 (c) The Lessor hereby reserves the right to use of the Leased Premises and Special Event area for 20 special events and entities which the Lessor deems appropriate in its sole discretion, including, but not 21 limited to the Little Rock Zoo events, the War Memorial Fitness Center, and such other events as may be 22 scheduled by Lessor. 23 (d) The Lessee shall be responsible for the efficient operation and management of all parking op- 24 erations on the Leased Premises. Further, the Lessee shall operate and manage the Leased Premises in a 25 manner that assures public safety and provides a positive experience for visitors by assuring prompt and 26 efficient ingress and egress. [PAGE 5 OF 14] Resolution to authorize amended and substituted lease agreement with War Memorial Stadium Commission for parking 1 (e) The Lessee shall be responsible for the collection of any Parking Fees for parking on the 2 Leased Premises, unless otherwise agreed upon by the Lessor and the Lessee. The price of such Parking 3 Fees shall be determined by the Stadium Commission and shall be reasonable for the Special Event 4 scheduled. 5 (f) The Lessee shall be responsible for the management and operation of the Special Event area 6 identified in Exhibit "A ". 7 (g) Lessee agrees to use and occupy the Leased Premises at its own risk, and Lessor shall have 8 no responsibility or liability for any loss or damage to fixtures or other personal property of Lessee or any 9 sublessee. In addition, to the extent that immunity is enjoyed by the Lessor and Lessee, Lessor or Lessee 10 shall have no responsibility or liability to third parties utilizing the Leased Premises or Special Event area. 11 (h) Lessor may issue permits for its parking reservations indicated in Subparagraph (c) of this 12 Paragraph 4. 13 (i) The Lessee agrees that it will not schedule Special Events without first conferring with the 14 Lessor to ensure that there will be no scheduling conflicts. The Lessor and Lessee will endeavor to re- 15 solve any scheduling conflicts regarding Special Events. However, should there be a conflict between an 16 Arkansas Razorback football game and any other event, the Arkansas Razorback football game has the 17 scheduling priority. The Arkansas Razorback football game also has the scheduling priority if the Razor - 18 back game has to be rescheduled. 19 5. INDEMNITY. 20 To the extent that immunity is not enjoyed, Lessee agrees that it shall indemnify and save harm - 21 less the Lessor, their officers, agents and employees from: 22 (a) any claims or losses for services rendered by any subcontractor, person or firm performing or 23 supplying services, materials or supplies in connection with the performance of this Lease Agreement; 24 (b) any claims or losses resulting to any person or firm injured or damaged by the erroneous or 25 negligent acts, including disregard of federal and state statutes or regulations, by Lessee, its officers, em- 26 ployees or subcontractors in the performance of this Lease Agreement. [PAGE 6 OF 14] Resolution to authorize amended and substituted lease agreement with War Memorial Stadium Commission for parking 1 6. REPAIR, MAINTENANCE AND IMPROVEMENTS. 2 (a) It is agreed that improvements, maintenance of, and repairs to, the Leased Premises may be 3 necessary during the term of this Lease, or any renewal period hereof. At the Lessee's direction, Lessee 4 shall make, at its sole cost and expense, said repairs to, and maintenance of, the Leased Premises. In ad- s dition, the Lessee shall reimburse the Lessor for all costs incurred by the Lessor at Lessee's request in 6 connection with any of said repairs to, and maintenance of, the Leased Premises. The Lessor shall super- 7 vise and approve all maintenance and repairs made by the Lessee to the Leased Premises. Notwithstand- 8 ing anything in this Lease to the contrary, during the term of this Lease, or any renewal period hereof, the 9 Lessee shall be responsible, at its sole cost and expense, for the clean up and repairs to the Special Event 10 Parking area as a result of Special Event Parking under the Lease. The items in this Paragraph 6(a) are 11 not part or the Rent provisions contained in Paragraph 3. 12 (b) Any and all improvements or repairs made to or upon the Leased Premises by the Lessee 13 shall be acceptable to the Lessor and shall become the sole property of the Lessor upon termination or 14 expiration of this Lease Agreement for any reason whatsoever. Said repairs and improvements to the 15 Leased Premises shall be constructed in full compliance with the City's specifications and drawings, as 16 well as with the ADA, and regulations promulgated pursuant to the ADA, as may be amended from time 17 to time. 1s (c) It is further agreed that in addition to the above Improvements, the Lessee will renovate a 19 portion of War Memorial Stadium at a total cost of over $7,500,000.00. These additional improvements 20 will consist of replacing the existing press box with a newly constructed facility at War Memorial Sta- 21 dium. 22 Said improvements and renovations shall commence pursuant to this paragraph 6(c) on December 23 15, 2009, and shall be completed or before August 31, 2010. [PAGE 7 OF 14] Resolution to authorize amended and substituted lease agreement with War Memorial Stadium Commission for parking 1 7. TAXES AND ASSESSMENTS. 2 It is agreed that during the term hereof, all taxes and special assessments assessed against the 3 Leased Premises, if any, whether now levied or which may in the future be assessed and levied, shall be 4 paid by Lessee, unless otherwise exempt. 5 8. CONDITION OF LEASED PREMISES/RIGHT OF ENTRY. 6 The Lessee agrees that it will not commit waste, nor permit waste to be done to or on said Leased 7 Premises; that the Lessor shall, at all times during the term hereof, have the right to enter upon the Leased 8 Premises for the purpose of inspecting the same; and that Lessee will not permit any public nuisance to 9 exist on the Leased Premises. 10 9. WARRANTY OF TITLE. 11 The Lessor warrants that it has absolute and indefensible title to the Leased Premises, that it has 12 full right and authority to lease the Leased Premises as set forth in this Lease Agreement, and that it will, 13 during the term hereof, defend the same. 14 10. NOTICES. 15 All notices required to be given under the terms of this Lease Agreement shall be given by first 16 class mail or by facsimile transmission to the parties at their addresses as follows: 17 LESSOR: CITY OF LITTLE ROCK, ARKANSAS 18 City Hall, 500 West Markham 19 Little Rock, Arkansas 72201 -1495 20 Attention: City Manager 21 Facsimile: (501) 371 -.6832 22 23 LESSEE: WAR MEMORIAL STADIUM COMMISSION 24 Markham & Van Buren Streets 25 P.O. Box 250222 26 Little Rock, Arkansas 72201 27 Attention: Stadium Manager 28 Facsimile: (50) 663 -6387 29 30 11. ASSIGNMENT AND SUBLET. 31 The Lessee shall not assign or sublease all or any part of the Leased Premises unless the Lessor, 32 acting within its sole discretion, has first provided prior written consent for such assignment or sublease. [PAGE 8 OF 141 Resolution to authorize amended and substituted lease agreement with War Memorial Stadium Commission for parking 1 12. BANKRUPCTY. 2 Should the Lessee make an assignment for the benefit of creditors or be adjudicated bankrupt, 3 such action shall constitute a breach of this Lease for which Lessor, at its option, may terminate all rights 4 of Lessee, or its successors in interest, under this Lease and have the right to immediate possession of the 5 Leased Premises. 6 13. TERMINATION/DEFAULT. 7 (a) The Lessor or Lessee shall be in default under the provisions of this Lease upon the happen- 8 ing of any of the following events: 9 (1) Failure of the Lessee to pay the rentals and taxes provided for herein at the times, 10 in the amounts and in the manner set forth when the same become due; 11 (2) Failure to pay any fees required to be paid by any law or court of competent ju- 12 risdiction regarding this Lease; 13 (3) Failure to keep or perform any of the covenants, terms, conditions or agreements 14 on the part of Lessor or Lessee herein to be kept or performed; 15 or 16 (4) Failure of Lessee to comply with Paragraphs 3 through 9, 11, 12, 15, 18, 21, 22, 17 24, 26, 27, 28, and 31 of this Lease. 18 (b) Provided, that for any default involving the payment of money, the defaulting party shall be 19 notified as provided in Paragraph 10 in writing by the other party of such default and that the default may 20 be cured within twenty (20) days after the mailing or sending of such notice; and provided further, that for 21 any default not involving the payment of money, the defaulting party shall be notified as provided in 22 Paragraph 10 in writing by the other party of such default and that the default may be cured within (3 0) 23 days after the mailing or sending of such notice. However, defaults structural in nature may be cured 24 within ninety (90) days after the mailing or sending of written notice to the defaulting party as provided in 25 Paragraph 10. Notwithstanding the above, defaults that are determined by the Lessor to be life safety is- 26 sues shall be corrected immediately by the Lessee. [PAGE 9 of 14] Resolution to authorize amended and substituted lease agreement with War Memorial Stadium Commission for parking I (c) Furthermore, if there are outstanding bonds issued by the War Memorial Stadium Commis - 2 sion regarding the subject matter of this Lease, Lessor or Lessee may terminate this Lease Agreement, or 3 any renewal term thereof, only upon default or nonrenewal as provided in the Lease. Still further, if said 4 bonds are outstanding and the Lessee is in default of the Lease, the Lessor shall have the right to correct 5 the default and charge Lessee for the cost to correct the default, plus any attorneys fees incurred in its ef- 6 forts to collect the costs or correct the default. 7 (d) Notwithstanding the above, the Lessor shall have the option to terminate this Lease upon 8 thirty (30) days' prior written notice to the Lessee if University of Arkansas Razorback football games 9 cease to be scheduled and played at the War Memorial Stadium in Little Rock. This termination option 10 shall be without any penalty whatsoever to the Lessor. Upon termination pursuant to this Paragraph 11 13(d), the Lessor shall have the right to retain any and all improvements or repairs to the Leased Prem- 12 ises. 13 14. REMEDIES UPON DEFAULT. 14 (a) The Lessor or Lessee shall, during the primary lease term, or any renewal term thereof, have 15 the option to terminate this Lease in the event a default by either party has not been cured within the time 16 periods set forth in Paragraph 13 of this Lease. 17 (b) No delay in or failure to exercise any of the options herein granted to the Lessor or Lessee by 18 reason of a default shall be a waiver thereof, and the waiver on one occasion of a default shall not be 19 deemed a waiver of the Lessor's or Lessee's right to exercise their remedies by reason of the same or a 20 similar default at any later occasion. 21 15. EXPIRATION OF LEASE. 22 At the end of the term of this Lease, and all extension or renewal terms thereof, or should either 23 party terminate the Lease as provided for herein, Lessee agrees promptly and peaceably to restore posses - 24 lion of the Leased Premises to Lessor in good condition and repair, ordinary wear and tear excepted. 25 26 [PAGE 10 OF 141 Resolution to authorize amended and substituted lease agreement with War Memorial Stadium Commission for parking 1 16. FORCE MAJEURE. 2 Anything contained herein to the contrary notwithstanding, the Lessor and Lessee shall be ex- 3 cused for the period of delay in the performance of any and all of their obligations under this Lease, and 4 shall not be considered in default when prevented from so performing by a cause or causes beyond the 5 control of the Lessor or Lessee, limited to all labor disputes, civil commotion, war, fire or other casualty, 6 shortage of supplies and materials, or acts of God. 7 17. RELATIONSHIP OF PARTIES. 8 It is understood and agreed that the relationship of the parties hereto is strictly that of Lessor and 9 Lessee. This Lease shall not be construed as a joint venture or partnership. Further, Lessee is not and 10 shall not be deemed an agent or representative of the Lessor, and Lessee shall have all the rights and li- 11 abilities of an independent contractor. 12 18. HOLD OVER BY LESSEE. 13 Should Lessee hold over and remain in possession of the Leased Premises after the expiration or 14 termination of the Lease term, or any renewal term thereof, it shall not be deemed to be a renewal or ex- 15 tension of the Lease, but shall only operate to create a month -to -month tenancy which may be terminated 16 by Lessor at the end of any month upon thirty (30) days' prior written notice to the Lessee. Rent for the 17 Leased Premises shall be the then prevailing average rate in the area or, should the Leased Premises be 18 subleased, then the rent shall be the remaining pro -rata share as received by the Lessee, whichever is 19 greater. 20 19. SEVERABILITY. 21 In the event any section, subsection, subdivision, paragraph, subparagraph, item, sentence, clause, 22 phrase, or word of this Lease Agreement is declared or adjudged to'be invalid or unconstitutional, such 23 declaration or adjudication shall not affect the remaining provisions of this lease, as if such invalid or un- 24 constitutional provision were not originally a part of this Lease. 25 ME [PAGE 11 OF 14] Resolution to authorize amended and substituted lease agreement with War Memorial Stadium Commission for parking 1 20. LEASE BINDING. 2 This lease and its terms, covenants, conditions and agreements contained herein shall inure to the 3 benefit of, and shall extend to and be binding upon the parties hereto, their respective heirs, successors in 4 interest, legal representatives and assigns, except as expressly limited otherwise herein. 5 21. COMPLIANCE WITH LAWS /AMERICANS WITH DISABILITY ACT COM- 6 PLIANCE. 7 8 (a) The Lessee shall use, occupy, manage and operate the Leased Premises in compliance with 9 all applicable laws and regulations of governmental bodies having jurisdiction, including, without limita- 10 tion, the Americans with Disabilities Act, and regulations promulgated pursuant thereto, all as may be 11 amended from time to time. ADA compliance, as stated in this Lease, includes compliance with appro- 12 priate regulations regarding handicap parking. 13 (b) The Lessee shall bear all responsibility and liability for any ADA violations under this Lease. 14 (c) The Lessee shall indemnify and hold harmless the Lessor for any causes of action or awards 15 against the Lessor regarding the ADA. 16 22. ENVIRONMENTAL DISCLOSURE. 17 The Lessor has no knowledge, as of the Effective Date of this Lease, of any deposit, storage, re- 18 moval, burial, discharge, spillage, uncontrolled loss, seepage or filtration of any pollutant, oil, petroleum 19 or chemical liquids or solids, liquid or gaseous products, or any toxic waste, hazardous waste or hazard - 20 ous substances, as those terms are defined in any appropriate and applicable law, regulation, code or ordi- 21 nance including, but not limited to, the Comprehensive Environmental Response, Compensation and Li- 22 ability Act of 1980, as amended, at, upon, under or within the Leased Premises as a consequence of own- 23 ership or other use thereof. 24 23. LEASE EFFECTIVE DATE. 25 This Lease Effective Date shall be when said Lease has been executed by all parties hereto upon 26 the date of the last party signing or initialing hereunder. 27 [PAGE 12 OF 14] Resolution to authorize amended and substituted lease agreement with War Memorial Stadium Commission for parking 1 24. AUTHORITY TO EXECUTE LEASE. 2 The officials who have executed this Lease hereby represent and warrant that they have full and 3 complete authority to act on behalf of the Lessor and Lessee, and that their signatures below, the terms 4 and provisions hereof, constitute valid and enforceable obligations of each. 5 25. TIME IS OF THE ESSENCE. 6 Time is of the essence of each of the agreements and conditions herein to be performed by the Lessor 7 and Lessee. The failure of the Lessor or Lessee to insist upon performance of any of the agreements and 8 conditions herein in any one or more instance shall not be a waiver of the right thereafter to insist upon 9 full and complete performance of such agreements and conditions at any time during the term, or renewal 10 period, of this Lease. 11 26. INSURABILITY. 12 Lessee will not do, or permit anything to be done, upon or about the Leased Premises that increases 13 the fire hazard beyond that which exists by reason of the ordinary use or occupancy of the Leased Prem- 14 ises for the purpose specified herein. Lessee will not do or permit to be done anything which will make 15 uninsurable the Leased Premises, or any part thereof. 16 27. SIGNAGE. 17 The Lessee may place signage on the Leased Premises, provided that the size and design of such 18 signage is approved by Lessor prior to its installation. Lessee agrees that it shall executed any document 19 or documents required for any necessary permits or variances to be obtained regarding the placement of 20 signage under this Paragraph 27, provided Lessor has approved the signage. Upon expiration or termina- 21 tion of this Lease, the Lessee shall remove any such signage and restore the place it occupied to the condi- 22 tion which existed as of the Effective Date of this Lease Agreement. 23 28. MISCELLANEOUS. 24 For any Event held, the Lessee agrees to grant parking access to the Event without charge for up to 25 fifty (50) vehicles per Event identified from time to time by a Lessor representative. The Lessee agrees [PAGE 13 of 141 Resolution to authorize amended and substituted lease agreement with War Memorial Stadium Commission for parking I that a representative of the Lessor designated by its City Manager will be invited to all meetings of the 2 War Memorial Stadium Commission. 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 29. GOVERNING LAW. This Lease Agreement shall be construed in accordance with the laws of the State of Arkansas. Noth- ing in this Lease Agreement shall be construed to waive existing Arkansas statutes, City of Little Rock ordinances or current agreements to which the Lessor or Lessee is a party. 30. BINDING EFFECT. This Lease Agreement shall benefit and bind the parties hereto, and their personal representatives, successors and assigns. 31. ENTIRE AGREEMENT /AMENDMENTS. This Lease represents the entire agreement between the parties hereto, and no further oral or written representations or warranties have been made. This Lease, or any Exhibits to this Lease, shall not be amended, changed, altered or modified except by an instrument in writing signed by the authorized repre- sentative of the parties hereto. LESSOR: CITY OF LITTLE ROCK Bruce Moore, City Manager DATE: :;;kA =imq LESSEE: WAR MEMORIAL STADIUM COMMISSION By: Gary Smith, Chairman DATE: APPROVED AS TO LEGAL FORM: Thomas M. C rpenter,, �City Attorney By: [PAGE 14 OF 14] Resolution to authorize amended and substituted lease agreement with War Memorial Stadium Commission for parking I EXHIBIT "A" o University Avenue a PL Q co r a co U. air p ak t4 0 n 7C' O O r� r I 0 m I N i 'd t � 1 � Cr- Po — a. CD ti xz y CD a 0 x r s� a� x (D CD z � 1 o z © ID -p lk 1 r !v 7C' f „U„ ZIgIH!;H EXHIBIT «B" L� 1-7 - Original Parking Parcel Layout - Easement between the City & War Memorial Commission - began in 811947- continues in perpetuity - Alternative Parking Locations - Potential Loss of Parking Areas - €' EXHIBIT "C" e I 1'r r EXHIBIT - C War Memorial Parking Lot Parcels • ,p9 €axt�SaKZxru�etia-, CITY OF LITTLE ROCK - PARKS & RECREATION DEPARTMENT - 500 WEST MARKHAM STREET - SUITE 108 - LITTLE ROCK, ARKANSAS'- 501 - 3714770 EXHIBIT "D" _ -------- _, - --- - - - - -- ------- _