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HomeMy WebLinkAbout12289ORDINANCE N0. 122289 AN ORDINANCE AUTHORIZING THE AMENDMENT OF A LEASE AND AGREEMENT-BY AND BETWEEN THE CITY OF LITTLE ROCK, ARKANSAS, AS LESSOR, AND STRICKLAND TRANSPORTATION COMPANY, INC., A TEXAS CORPORATION, AS LESSEE, IN SUBSTANTIALLY THE FORM AND WITH SUBSTANTIALLY THE CONTENTS SET FORTH IN AND-MADE A PART OF THE ORDINANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF SAID AMENDMENT BY THE MAYOR-AND CITY CLERK, FOR AND ON BEHALF OF THE CITY; PRESCRIBING OTHER MATTERS PERTAINING THERETO; DECLARING - AN EMERGENCY; AND FOR OTHER PURPOSES. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That there be and there is hereby authorized the execution and delivery of an Amendment to Lease and Agreement wherein the City of Little Rock, Arkansas, (herein sometimes referred to as City) is Lessor, and Strickland Transportation Company, Inc., a Texas corporation, is Lessee, in substantially the form and with substantially the contents hereafter set forth, and the Mayor and City Clerk be and they are hereby authorized to execute, acknowledge and deliver said Amendment to Lease and Agree- ment for and on behalf of the City. The form and contents of said amendments, which are hereby approved and which are made a part hereof, shall be substantially as follows: Cc C- _ ( `t r -3 -2- SECTION 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute and acknowledge the foregoing Amendment on behalf of the City. SECTION 3. That the provisions of this Ordinance are hereby declared to be separable, and if any section, phrase or provision shall be invalid for any reason, such declaration shall not affect the validity of the remainder of the sections, phrases, or provisions. SECTION 4. That all ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5. That there is hereby found and declared to be an emergency need for the construction of the lodging accommodation facilities provided for by said Amendment herein, which will better enable the Lessee to conduct:its business; that the execution and delivery of the Amendment-to the Lease and Agreement authorized by this ordinance are necessary for the accomplishments of the public benefits and purposes. It is, therefore, declared that an emergency exists and this ordinance, being necessary for the immediate preservation of public health, safety and welfare, shall be in force and take effect immediately upon and after its passage. PASSED: November 3, 1969 ATTEST: City Cler ME 0 AMENDMENT TO LEASE AND AGREEMENT WHEREAS, the City of Little Rock, Pulaski County, Arkansas, hereinafter called Lessor, and Strickland Transportation Company, Inc. a Texas corporation, but authorized to do business in the State of Arkansas, hereinafter called Lessee, entered into a Lease and Agreement dated May 1, 1964, under the terms of which the Lessee leased from the Lessor the lands more particularly described in said Lease and Agreement; and WHEREAS, in the same instrument the Lessee was granted an option to purchase said lands; and WHEREAS, said Lease and Agreement was duly authorized by the Board of Directors of the City of Little Rock, Arkansas, by Ordinance No. 11, 515, passed August 17, 1964; and WHEREAS, Lessee is desirous of providing lodging facility accomodations for Lessee's drivers and construct or cause said facilities to be constructed upon lands particularly described as follows which are a part of the leased premises, to -wit: Part of the SE4 NE4, Section 30, T -1 -N, R -12 -W, Pulaski County, Arkansas, more particularly described as: Starting at the Northwest corner of the SE'-4 NE4 said Section 30; thence N 00 8' E along the West line of said SE4 NE4 60.5 feet; thence S 890 09' E, 906.85 feet; thence S 00 08' W 46.1 feet to the point of beginning of the tract of land herein des- cribed; thence continue S 00 08' W, 110.0 feet; thence N 890 52' W, 80.0 feet; thence N 0008' E, 110.0 feet; thence S 890 52' E, 80.0 feet to the point of beginning; and WHEREAS, Lessor desires to cooperate with Lessee in its effort to provide such lodging facilities and with Lessee's request that the said improvements remain personal property and that title to such not vest in Lessor in keeping with pro- visions of Section 503, Article 5 of the Lease and Agreement; NOW THEREFORE, Lessor and Lessee acknowledge that the amendment of the aforesaid Lease and Agreement as hereafter set forth will be of benefit to both. The parties hereto, therefore, - 2 - agree that the said Lease and Agreement is amended as follows: 1. Lessee is hereby granted the right and privilege of constructing and erecting or causing to be constructed and erected facilities for lodging accomodations for its drivers upon the parcel of land herein described which parcel is a part of the leased premises covered by said Lease and Agreement and that as between Lessor and Lessee the said lodging facilities once erected shall be treated as personalty as opposed to real property; and that such lodging facilities shall not become property of Lessor as is provided for by Section 503 Article 5 of said Lease and Agreement. 2. It is expressly understood and agreed between Lessor and Lessee that the said Lease Agreement dated May 1, 1964, shall remain in full force and effect in each and every respect and detail except to the extent that the said Section 503, is amended as above provided to make provision for the said lodging accomodations herein identified to be constructed upon the parcel of land herein specifically described. 3. Lessor and Lessee by execution of this amendment authorize and direct that a copy of same be delivered to and filed with Mercantile National Bank at Dallas, Dallas, Texas, Trustee named in Little Rock City Ordinance No. 11,515, passed August 17, 1964, for the sole and only purpose that Trustee's records in the premises will reflect this amendment to the said Lease and Agreement. IN WITNESS WHEREOF, the parties have caused this amendment to be signed in several counterparts, each of which may be considered an original without the presentation of the others by their duly authorized officials and officers. This Agreement shall be deemed to be dated November 4, 1969 although authorized, executed and acknowledged on different dates. - 3 - CITY OF LITTLE ROCK, ARKANSAS L E S S O R i ATTEST: City Clerk (SEAL) Mayor STRICKLAND TRANSPORTATION COMPANY, INC. L E S S E E ATTEST: Secretary (SEAL) Title ACKNOWLEDGMENT STATE OF ARKANSAS) COUNTY OF PULASKI ) On this day of 1969, before me, a Notary Public duly commissioned, qualified and acting, within and for the State and County aforesaid, appeared in person the within named Haco Boyd and Jane Czech, Mayor and City Clerk, respectively, of the City of Little Rock, Arkansas, a municipality of the State of Arkansas, to me personally known, who stated that they were duly authorized in their respective capacities to execute the foregoing instrument for and in the name of said municipality, and further stated and acknowledged that they had signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of My commission expires: 1969. Notary Public ACKNOWLEDGMENT STATE OF TEXAS ) COUNTY OF DALLAS) On this day of , 1969, before me, a Notary Public duly commissioned, qualified and acting, within and for the County and State aforesaid, appeared in person the within named and and respectively, of Strickland Transportation Company, Inc. a Texas corporation, to me personally known, who stated that they were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that they had so signed, executed and delivered said foregoing instru- ment for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of , 1969. Notary Public My commission expires: