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200905 3169 Received: 3/2412009 1;23:47 PM
Recorded: 08124/2009 03 :13;54 Pal Filed &
Recorded in Official Records of PAT C "BRIEN,
PULASv,Kl COUNTY CIRCUIT/COUNTY CLERK
RESOLUTION NO. 13,008 Fees $25,00
N TO DESIGNATE ACREAGE FOR THE FUTURE EXPAN-
SION OF THE LITTLE ROCK ZOO; TO DISPOSE OF RAY WINDER
FIELD; AND FOR OTHER PURPOSES.
WHEREAS, the City issued a Request for Proposal (RFP) for the purchase of the City's in-
terest in Ray Winder Field; and,
WHEREAS, the two respondents are the University of Arkansas for Medical Sciences
( "UAMS ") and the Arkansas Zoological Foundation ( "the Foundation ") on behalf of the Little
Rock Zoo ( "the Zoo "); and,
WHEREAS, the current applications for the purchase of Ray Winder Field have equally
compelling reasons to merit acquisition of the property; and,
WHEREAS, long range planning efforts conducted by both UAMS and the Foundation con-
tain development visions that are in the best interests of the City; and,
WHEREAS, additional adjacent land not in the Zoo's existing footprint is available for the
Zoo's future growth; and,
WHEREAS, the future growth of the Zoo on this immediately adjacent land is more desir-
able than the future growth at Ray Winder Field since this latter area would require patrons to
navigate across Jonesboro Drive; and,
WHEREAS, the Chairman of the War Memorial Stadium Commission ( "the Commission),
which currently has perpetual leases or easements on the land immediately adjacent to the Zoo,
has expressed his willingness to request of the Commission that this land be made available to
the City for the future growth of the Zoo, provided that UAMS, in conjunction with the City,
make available to the Commission comparable replacement parking area; and,
WHEREAS, members of the Foundation have expressed an interest, upon the adoption of
this Resolution, in voluntarily withdrawing its application for the purchase and acquisition of
Ray Winder Field;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS:
H
[PAGE 1 OF 3]
I Section 1. The Board of Directors states that upon the occurrence of:
2 (a) The affirmative and voluntary withdrawal by the Foundation of its proposal for the
3 acquisition and purchase of Ray Winder Field as identified in Exhibit A to this Reso-
4 lution; and,
5 (b) The receipt from DAMS of a letter of commitment memorializing its agreement to
6 provide comparable replacement parking area to the Commission for 2009 and future
7 years; and
8 (c) An approval by the Commission providing for the removal of the perpetual ease -
9 ments covering the subject property;
10
11 the property identified in Exhibit A to this Resolution will be recorded as property to be con-
12 tained in and added to the Zoo's existing property footprint available for future development.
13 Section 2. The City will make the subject property referred to in Exhibit A available to the
14 Commission for special event parking during calendar year 2009, and will continue to make this
15 property available to the Commission on a year to year basis for special event parking until such
16 time as the Zoo's future development plans make this property no longer available for parking.
17 Section 3. The City will work with the Commission and UAMS to ensure that all underlying
18 agreements, leases and easements properly reflect and honor the underlying rights, privileges,
19 and principles, reflected in the documents referred to in this Resolution.
20 Section 4. Upon the fulfillment of the conditions set out in Section 1 of this Resolution, and
21 subject to an agreement on the purchase price for of the property as approved by the Board of
22 Directors, the Mayor and City Manager are authorized to enter into negotiations with UAMS for
23 the purchase of Ray Winder Field.
24 Section 5. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase,
25 or word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or
26 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and
27 effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the
28 resolution.
29 Section 6. Repealer. All laws and parts of laws inconsistent with the provisions of this resolution
30 are hereby repealed to the extent of such inconsistency.
31 ADOPTED:
32 H
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ATTEST:
212
usan Lan k1 y, c ing City Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City A orney
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[PAGE 3 OF 3]
APPROVED:
Mark Stodola, Mayor