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HomeMy WebLinkAbout9827i.. __It 'r kj ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF LITTLE ROCK TO ENTER INTO A LEASE CONTRACT WITH THE TERMINAL WAREHOUSE COMPANY FOR A TRACT OF LAND BOURM BY THE ARKANSAS RIM ON THE NORTH* THE ORIGINAL TRACK OF THE.MISSOURI PACIFIC RAILROAD COMPANY ON THE SOUTH, BLOCK"'r-- POPE:S_ADDITION TO.THE CITY OF LITTLE ROCK ON THE.WEST, AND i 9iSEY tN .ADDITION TO THE - CITY .OF . LITTLE ROCK Obi_ TEE BAST,. AT,L IN-TEE CITY OF LITTLE ROCK, PULASKI OOUNTY0 APJUNBAS, SAID.LAND TO.BE USED FOR AUTOMOBILE PARKING; AND FOR OTHER PURPOSES. WHEREAS, the City of Little Rook is the owner of land in said City described as bounded by the Arkansas River on the North, the original track of the Missouri Pacific Rail" road Company on the South, B1ockfe Popeis Addition to the City of Little Rock on the West, and Masseyls Addition to the City of Little Rock on the East; and WHEREAS, the Terminal Warehouse Company has offered to make such improvements on said land as will make it desirable for automobile parking, provided it secures a lease on the terms and conditions hereinafter set forth; and WHEREAS, additional provisions for off - street parking facilities within the City of Little Rock is desirable, and such additional facilities will be beneficial to the public and in the public interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK* ARKANSAS: Section 1. That the Mayor and the City Clerk of the City of Little Rock be and they are hereby authorized and directed to execute and deliver a lease contract to the Terminal Warehouse Company, a copy of said contract being In words and figures as follows; i _ LEASE CONTRACT THIS LEASE CONTRACT, entered into this day of s 1955s by and between the CITY o Little O , r ansas, acting through its Mayor and its City Clerk, who are duly authorized to act, by virtue of Ordinance Igo. passed by the City Counsil of the City of Little Rack on Aq6djb&L s19559 on behalf of said City (hereinafter designat as "Lessor*), and Terminal Warehouse Company, a corporation organized -under the laws of the State of Arkansas, acting through its President duly authorized to act (herein- after designated as "Lessee "), W I T N E S S E T H: For and in consideration of the sum of money herein.• after agreed to be paid, and the covenants and conditions hereinafter agreed to be performed by both parties, the City of Little Rock, Lessor, does hereby let and lease unto Terminal.Warehouse Company, a corporation organized and existing under the laws of the State of Arkansas, as Lessee, the following described property, to -wit: A tract of land bounded by the Arkansas River on the North, the original track of the Missouri Pacific Railroad Company on the South, BlockOe' Pope's Addition to the City of Little Hoek on the best, and Massey's Addition to the City of Little Book on the East, all in the City of Little Rock, Pulaski County, Arkansas; upon the following terms and conditions: 1. The term of this lease shall be for a period of ten (10) years, at a rental of FIFTY DOLLARS 050.00) per month payable monthly in advance.on or before the 15th day of each month during the term of this lease. 2. As part of the consideration for this lease, the Lessee covenants and agrees as follows: (a) That it will improve the property herein des- cribed by.grading, leveling and paving, and constructing retainin walls, at an expense of approximately Ten Thousand Dollars 410,000.00). (b) That it will use the premises only as a park- ing lot for public parking at a rental to be specified by it. (c) In the event the City as Lessor, needs the property conveyed by this lease for governmental purposes, the Lessee will surrender this lease and convey its interest therein to the Lessor at any time upon sixty (60) days' written notice and payment by the Lessor as follows: The purchase price of the lease shall be at the following percen. tages of the original cost of the improvements, or $ios000.00, whichever sum is the lesser; 100% if purchased within the w 2 M first year of the term of this lease 90% if purchased within the second year of the term, 60% if purchased within the third year of the term, 70% if purchased within the fourth year of the term, 609 if purchased within the fifth year of the term, 50% if purchased within the sixth year of the term, 40% if purchased within the seventh year of the term, 30% if purchased within the eighth year of the term, 20% if purchased within the ninth year of the term, 10% if purchased within the tenth year of the term, and after the lease has been in force for ten (10) years the Lessor may cancel the lease without cost if.it .needs the property for its governmental purposes. The term "governmental purposes" as used herein shall not include the Operation of the property as a commercial public parking lot or the leasing of the property to other parties for that purpose. (d) If the improvements to be placed on the prop- erty are materially damaged by high water, flood, earthquake or other acts of God, the Lessee may at any time within sixty (60) days after such damage, elect to terminate this Lease by giving written notice to the Board of Public Affairs and after the date of the notice of termination, the Lessee shall not be obligated to operate the parking lot. 3. The Lessee shall have the right, upon written notice given at least sixty (60) days prior to the termi# nation of the original lease to the Board of Public Affairs of the City of Little Rock, to renew this lease for an additional five (5) year term upon the same terms and con.• ditions except that the rental for such additional five (5) year period shall be at the rate of One Hundred Dollars ($100.00) per month. 4.. Npon the termination of this lease, all improvements on the property shall revert to the City of Little Rook and the Lessee shall not be obligated to restore the premises to its present condition at the termination of the lease. 5. Lessor shall not be called upon for any expense of any kind in connection with the upkeep and maintenance of the above described property during the term of the lease. 6. The Lessor covenants with the Lessee that it has title to the property described herein, and if the Lessee shall pay the rent as herein provided and shall keep, observe and perform all the other covenants of this lease, that the said Lessee shall and may peaceably and quietly have, hold and enjoy the use of said premises for the term aforesaid subject only to the Lessor's right to terminate the lease as hereinabove provided. IN WITNESS WHEREOF, the parties hereto have caused this lease.to bo executed in duplicate under their respective seals in Little Rock, Arkansas, this day of , 1955. CITY OF LITTLE ROCK, ARKANSAS By mayor City Cie-r2 L E S S 0 R TERMINAL WAREHOUSE COMPANY By President M3.. L E S S E E i Section 2. Because of the fact that there is urgent need for off - street parking facilities in the City of Little Rock, it is hereby ascertained and declared that this ordi. nance is necessary for the public safety and the matter of immediate public convenience, and it is therefore ascertain - k ed, and deelared'tha'Van emergency exist-a. and this ordinance shall be in full force and effect imediately from and after the date of its passage, and that all ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed. PASSED: May 23 , 1955 ATTEST: City Clerk ' e 2i0 ■ L�1� �9091N,