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Home My WebLink About206902013006955 Received: 1/24/2013 12:57:36 PM Recorded: 01/24/2013 01:11:06 PM Filed & Recorded in Official Records of Larry Crane, PULASKI COUNTY CIRCUIT /COUNTY CLERK Fees $40.00 1 ORDINANCE NO. 20,690 2 3 AN ORDINANCE TO AMEND ORDINANCE NO. 18,286 (JUNE 6, 2000) 4 TO REAFFIRM AND EXTEND TO FWH II LITTLE ROCK, LLC, THE 5 EXCLUSIVE FRANCHISE GRANTED PURSUANT TO ORDINANCE 6 NO. 18,286 FOR THE PURPOSE OF THE OPERATION AND 7 MAINTENANCE OF SURFACE PARKING; TO DECLARE AN 8 EMERGENCY; AND FOR OTHER PURPOSES. 9 10 WHEREAS, the City of Little Rock ( "City ") adopted Ordinance No. 18,286 on June 6, 2000 11 ( "Ordinance No. 18,286 "), for the purpose of granting an exclusive franchise, including the right to 12 exclude public vehicular traffic, in and to the right -of -way of Ashley Street lying between the eastern and 13 western portions of Block 80, Original City of Little Rock, Pulaski County, Arkansas, as currently 14 configured, for the purpose of the operation and maintenance of surface parking, and for other purposes 15 (the "Franchise "); 16 WHEREAS, BG Excelsior Limited Partnership ( "BGE "), with the approval of the City, intends to 17 assign its interest in that certain Amended, Restated and Substituted Lease and Concession Agreement 18 dated September 18, 2000, as amended (the "Hotel Lease "), to FWH II Little Rock, LLC, a Delaware 19 limited liability company ( "FWH ") which will in turn assume the obligations of BGE in connection with 20 the Hotel Lease as further amended and restated in that certain Lease and Concession Agreement by and 21 among the City, BGE and FWH (the "New Hotel Lease "; 22 WHEREAS, FWH has asked the City to reaffirm and extend the Franchise for the benefit of FWH 23 and the City, subject to the terms of this Ordinance, has agreed to such reaffirmation and extension. 24 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY 25 OF LITTLE ROCK, ARKANSAS: 26 Section 1. The City of Little Rock (hereafter, "Grantor "), hereby reaffirms and extends for the 27 benefit of FWH II Little Rock, LLC, the exclusive franchise originally granted in favor of BG Excelsior 28 Limited Partnership, its successors and assigns in and to the right -of -way of Ashley Street lying between 29 the eastern and western portions of Block 80, Original City of Little Rock, Pulaski County, Arkansas, as 30 configured on the date of approval of Ordinance No. 18,286, as more particularly described on Exhibit 31 "A" attached hereto and made a part hereof (the "Property"), for the exclusive use of the surface of 32 Ashley Street, including the right to control access to said street for any purpose whatsoever, subrjgct to Qj [Page 1 of 61 C I ` "4 t 1 Grantor's right to access said street for police, fire and governmental purposes, and the right of access as 2 needed by any utilities for which a valid and enforceable franchise with the Grantor is in place. 3 Section 2. No amendment or modification of the Franchise shall occur without express written 4 notice to the adjoining property owners, particularly the Arkansas Commemorative Commission, or its 5 successor, which outlines the nature of the proposed change, provided that this special notice provision is 6 not intended to defeat any proposed change to the Franchise, but to assure that any such change 7 recognizes, and is compatible with, the aesthetic and historic nature of the surrounding property in 8 general, and the Old State House in particular. 9 Section 3. (A) This Franchise shall expire on the date the New Hotel Lease between the Grantor 10 and FWH terminates as provided therein which New Hotel Lease is attached to this Ordinance as Exhibit 11 "B" and made a part hereof. 12 (B) This ordinance shall benefit and run in favor of FWH, and its successor and 13 assigns, in accordance with the terms and provisions of the New Hotel Lease. 14 (C) Notwithstanding the above, or any other provision of this ordinance, the Board of 15 Directors reserves the right to exercise any and all legislative authority with regards to this Ordinance. 16 Section 4. All other portions of Ordinance No. 18,286, shall remain in full force and effect as if 17 incorporated into the terms and conditions of this ordinance. 18 Section 5. Severability. In the event any section, subsection, subdivision, paragraph, subparagraph, 19 item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or 20 unconstitutional, such declaration or adjudication shall not affect the remaining portions of the ordinance 21 which shall remain in full force and effect as if the portion so declared or adjudged invalid or 22 unconstitutional were not originally a part of the ordinance. 23 Section 6. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent 24 with the provisions of this resolution are hereby repealed to the extent of such inconsistency. 25 Section 7. Emerzencv Clause. The ability to continue the franchise for surface parking granted in 26 Ordinance No. 18,286, is essential to the operation and maintenance of the hotel and Statehouse 27 Convention Center, which are essential to the public health, safety and welfare since the Convention 28 Center is a major source of business and revenue for the City; an emergency is, therefore, declared to 29 exist and this ordinance shall be in full force and effect from and after the date of its passage. 30 31 32 33 34 PASSED: January 22,2013 APPROVED: Mark Stodola, Mayor [Page 2 of 61 1 APPROVED AS TO LEGAL FORM: 2 3 4 Thomas M. Carpenter, City Ljo rney 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 // [Page 3 of 6] 1 2 3 4 5 EXHIBIT "A" Property Description KKR -h °T ' ?." MCFFATY DESC; R LY7LON A tract aflandlocated jr) the 58�f.,I�r'4, Srcyinn3, 7'ccs�Ahi1, ] Noll , Rance 12 WcsL,1?WE4ki Ceunty, Arkwism, said Liact bring wrsr. a1 FmAimai'OPx:k 80, cuigmal C ityoYLitde 1tvck and Ereirtg more• EuMarulafly dcscriW as h`o-llows. Beginning al a found ?•i' reloai at the intMecthon r: F gybe notth right -uf way line of Nest Mark-hars Str=t }nd the uw - fight -of -way Jinc of Ashley Sucet, said lviDrn being 2.00 iLvt N89 "*Y23 "Vr', of thr or: ginal aDUthwe-Sr eor -her 4 said Fracctk=[ 131ock 80; rhencx NOO't2'36T, 300.C.5 feet aionksaid eest :igh: -Qf way line of ?fth %. Street to a fouW "X° in cx)v!m�(e bed th° intrrsmion of rhr. cast r*.t -ofway line rk Asiley StrGer and thr. south nigh* -0f -way Jive of La Fiarpc 3.L-111smrd: nccrxe NH "15�.,� W, 57, ?3 :ttt along;ait south right -of -way JimA)fLa Haip+eRouitN-ajd 10 .1 fbwd''X" 00 MIX.r0C rruir ing Walt hc�the inGZrS8LK at OIL PL& Zi ht -Cf Way line of F a F mTv Rtn,lcvard and the wesr ri�i,rr.oF- vray]Jn Ashl<ySatet; thence; 80 -Y J2'36 "W, MO.42 feer 210TL5 vidu,,Kt 60A-- of =way Lueflt Achicy Sb, cd Lb Lhc point ofwLecserpc,n of gadd weg; r�rr{r1= -tvay line OF A tjey Stra.K and the iwitli rWir -(�f- -way ;fine a West Nlark;mul Sneer; r]hc)ia' X89 °417'23 "E, 5; . 73 felt along solid north rigbt- of-titiai' ii ne of War Markham sv,):!t to Lre Pow of B40rn" !aid traLt cvlltaMiU 0.348 a+:res (17.331 squaic Fcr), more cn' less, subject to 0 fianchisrs oC=rd. Page 4 of 61 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 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 EXHIBIT "B" Lease and Concession Agreement [Page 5 of 61 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 CERTIFICATE STATE OF ARKANSAS) COUNTY OF PULASKI) CITY OF LITTLE ROCK) I, Susan Langley, City Clerk within and for the City aforesaid, do hereby certify that the foregoing is a true and correct copy of Ordinance No. entitled: AN ORDINANCE TO AMEND ORDINANCE NO. 18,286 TO REAFFIRM AND EXTEND TO FWH II LITTLE ROCK, LLC THE EXCLUSIVE FRANCHISE GRANTED PURSUANT TO ORDINANCE NO. 18,286 FOR THE PURPOSE OF THE OPERATION AND MAINTENANCE OF SURFACE PARKING; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES; that this ordinance was passed by the Board of Directors of the City of Little Rock, Arkansas, during a properly scheduled public meeting held on January , 2013; and that said Ordinance now appears in this office. IN WITNESS WHEREOF, I have hereunto set my hand and seal of office on this _ day of .2013. City Clerk City of Little Rock, Arkansas [Page 6 of 61