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RESOLUTION NO. 13,545
3 A RESOLUTION TO AUTHORIZE THE MAYOR, THE CITY CLERK
4 AND THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO
5 THE AMENDED AND SUBSTITUTED LEASE AGREEMENT WITH THE
6 WAR MEMORIAL STADIUM COMMISSION; AND FOR OTHER
7 PURPOSES.
8
9 WHEREAS, the Board of Directors, pursuant to Little Rock, Ark. Res. No. 13,009 (August 3, 2009),
10 authorized the Amended and Substituted Lease between the City and the War Memorial Stadium
11 Commission ( "the Commission "), which regards parking within War Memorial Park; and
12 WHEREAS, after further negotiations to update the provisions of the Amended and Substituted
13 Lease Agreement, revised terms have been reached for an amendment to such lease agreement to allow
14 certain improvements to be made to the special event area of War Memorial Park by the City with
15 $250,000 in funds provided by the Commission, all for the mutual benefit of the City and the Commission
16 as well as City residents and visitors.
17 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
1s OF LITTLE ROCK, ARKANSAS:
19 Section 1. Pursuant to Ark. Code Ann. § 15 -54 -302 (West 2004), the Mayor and City Clerk, as well
20 as the City Manager, are authorized to execute a First Amendment to Amended and Substituted Lease
21 Agreement.
22 Section 2. The First Amendment to Amended and Substituted Lease agreement shall be in
23 substantially the same form as that attached as Exhibit A to this resolution.
24 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
25 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 were not originally a part of the
28 ordinance.
29 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent with
30 the provisions of this resolution are hereby repealed to the extent of such inconsistency.
31 ADOPTED: August 7, 2012
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ATTEST:
Susan
Clerk
LEGAL FORM:
Thomas M. Carpenter, City A
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APPROVED
Dean Ktrm puris, Vice Mayor
[Page 2 of 5]
I EXHIBIT "A"
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3
4 FIRST AMENDMENT TO AMENDED AND SUBSTITUTED LEASE AGREEMENT
5
6
7 This FIRST AMENDMENT TO AMENDED AND SUBSTITUTED LEASE AGREEMENT
8 ( "Amendment') is entered into by and between the CITY OF LITTLE ROCK, a political subdivision of
9 the State of Arkansas, as lessor ( "Lessor ") and the WAR MEMORIAL STADIUM COMMISSION, a
10 body corporate and political subdivision of the State of Arkansas, as lessee ( "Lessee ").
11
12 WHEREAS, the Lessor and Lessee entered into an Amended and Substituted Lease Agreement
13 ( "Lease Agreement') for certain War Memorial Park property on October 18, 2011; and,
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15 WHEREAS, pursuant to Little Rock, Ark. Res. No. — (August 7, 2012), the Board of
16 Directors of the City of Little Rock authorized the Lessor to enter into an agreement for an amendment to
17 the Amended and Substituted Lease to address certain improvements to the Special Event area of War
18 Memorial Park that will be mutually beneficial to the parties.
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20 NOW, THEREFORE, the Lessor and the Lessee hereby agree to execute this Amendment as
21 follows:
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23 WITNESSETH:
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25 1. Section 6 of the Lease Agreement dated October 18, 2011, shall be amended to add a new
26 subsection (c) to read as follows:
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28 (c) The Lessor and the Lessee agree that the Lessor shall make certain improvements
29 to the Special Event area of War Memorial Park as shown on Attachment A. These
30 improvements will be for the mutual benefit of the Lessee and the Lessor and its residents
31 and visitors. The improvements will include: 1) a fifteen (15) -foot wide asphalt paved
32 path running 2,600 linear -feet that vehicles may access for parking in connection with
33 Special Events designated by the Lessor (such as Arkansas Razorback football games and
34 concerts) and that will be available otherwise to pedestrian and bicycle traffic; 2) top soil
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I and sod to be placed along the sides of the asphalted path described in subsection (1)
2 above; 3) a new pedestrian and bicycle bridge approximately sixty (60) feet long, exact
3 length dependent on results of hydrological studies, over Coleman Creek that on
4 Arkansas Razorback football game days at War Memorial Stadium can be accessed not
5 only by tailgaters and persons parking beyond the creek to walk to and from the stadium
6 but also by vehicular traffic, thus facilitating parking and traffic within War Memorial
7 Park on Arkansas Razorback football game days; 4) a boardwalk with alcoves along
8 Coleman Creek for additional pedestrian and bicycle traffic; and 5) five (5) interpretive
9 signs. The Lessee shall pay the Lessor for the above - described improvements in the
10 amount of Two Hundred and Fifty Thousand Dollars ($250,000) and the Lessor shall
11 provide any additional funding required for the construction of the improvements. The
12 Lessor shall design the improvements described above and shall manage the bidding and
13 the construction work. The Lessor shall ensure that the improvements described above as
14 designed and constructed shall not cause any loss of parking spaces during Arkansas
15 Razorback football game days at War Memorial Stadium. The parties agree that the
16 asphalted path to be constructed is not to be deemed a public or private street. The
17 parties agree that this subsection is contingent on funds being made available to Lessee as
18 provided by state law.
19
20 2. Section 6 of the Lease Agreement dated October 18, 2011, shall be amended to add a new
21 subsection (d) to read as follows:
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23 (d) The Lessee may make additional improvements to the Special Event areas that it
24 believes to be beneficial to the Lessee, but only with the prior written approval of the
25 City Manager.
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27 3. All other terms and conditions of the original Lease Agreement shall remain the same and in full
28 force and effect.
29
30 4. This Amendment shall be effective upon execution by all parties hereto and shall be made a
31 permanent part of the Lease Agreement dated October 18, 2011.
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33 IN WITNESS WHEREOF, the parties have hereunto executed this Amendment.
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LESSOR:
CITY OF LITTLE ROCK
By:
Bruce T. Moore, City Manager
Date:
By:
Mark Stodola, Mayor
Date:
ATTEST:
Susan Langley City Clerk
Date:
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City Attorney
Date:
LESSEE:
WAR MEMORIAL STADIUM COMMISSION
By:
Kevin Crass, Chairman
Date:
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