HomeMy WebLinkAbout4934ORDINA1vCE i`.' 4934
All ORDI ': i`XE riUTHORIZING THE BOARD OF PUBLIC AFFAIRS TO E! TER I1170 A LEASE
CONTRACT 1,7ITH ARIA MAS VALLEY COMPRESS ADD 11,11AREHOUSE CO1.1PAIL Y FOR CERTAIN
PORTIONS OF THE PROPERTY KivTO'UVi? AS THE LITTLE ROCK AIR DEPOT AIID FOR OTHER
PURPOSES.
:WHEREAS ,,bite Bros. 8c Company has agreed to surrender its lease
with the 7.1ar Department of the United States for that property known as the
Little Rock Air Depot, in Little Rock, Arkansas, and all rights and benefits
which it enjoys under said lease, for and in consideration of the execution
by the City of Little Rock of a sub -lease to the Arkansas Valley Compress
Lei 'larehouse Company of certain hereinafter designated portions of said
airport: and
WHEREAS, the torms of said sub -lease have been agreed upon and
reduced to writing, and the City of Little Rock desires on its part to
carry out and fulfill its agreement with Arkansas Valley Compress P, "J'arehouse
Co mp any :
Now, therefore be it ordained by the City Council of the City of
Little Rock, Arkansas;
Section 1. That the Board of Public. Affairs of the City of Little
Rock is herebir authorized and directed to execute and deliver the lease
contract, hereinafter set forth, which is in words and figures as follows:
LEASE CONTRACT
This lease contract entered into on this da,r of
193 , b;r and bets ,,reen the City of Little Rocr., Arkansas, acting by and through
its Board of Public Affairs who are duly authorized to act on behalf of said
city, hereinafter known as the lessor, and the Arkansas Valley Compress ,�
Warehouse Company a corporation domiciled in Little Rock, Arkansas, acting
by and through its Vice - President and Secretary, duly authorized so to
act, hereinafter known as the lessee.
WITNESSETH:
Whereas, the Arkansas Valley Compress ic ':'arehouse Company as
assignee of hite Brothers 8: Company, a partnership, has a lease on the
property known as the Little Rock Airport, which lease is dated 11ay 23, 1930,
and runs for a period of five years, with tT,e right of renewal for an
additional period of five Tears; and
','WHEREAS, the City of Little Rock has subleased a certain part
of said property from the said "',ite Prothers Company and Arkansas Valley
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Compress &: `';areho -ise Company and desires to tare over and become the
lessee of the entire property under a lease contract with the ?'ar Department
of the United States of America: and
J.Fhereas, ;Pnite Brothers L, Company and _Irsansas Valley Compress II
7,1arehouse Co ipany are willing to cooperate with the City of Little Rock to
promote the welfare of said city and to reduce the cost of maintaining
and operating an airport to said city, tize said I�Yhite Brothers %':: Company
and ztrkansas 'alley Compress & ':arehotrse Company have agreed to surrender
t -eir lease � ith t e `:' ar De �artr.:e�Zt of the U:�itecl States governr,ent for
said airport property, and all of the � -)enefits and profits that accrue to
the,: under said lease, for and in consideration of the agreement on the
part of the Cite of Little Rock that it will enter into this lease with
the said Arkansas Valle- Co:;�p-ress ` "arehouse Com,)any, and in the fulfillment
of that a(7reei ent betv.een the parties hereto, it is hereby, contracted and
agreed as follows:
The said City of Little Rock, lessor, has this day let and, leased
to the ..r.- Kansas Valley Compress 8I 1P?arehouse Coiipany of the City of Little
Rock, Arkansas, lessee, all that part of the property of the United States
knovrn as the Little Rock Air Depot., Arkansas, as outlined on the blue print
of the map attacheu hereto and made a part hereof and enclosea in red
penciled line, and more accurately described as follows:
Beginning at the southeast corner of property beinc described said
corner bein- the southeast corner of the drivevia;, i,':rnediately southeast of
the southeast, corner of Building 'yo. 19, thence norti: alongy the east line
of paved driveway to its intersection with t -.e center line of the three -foot
concrete lined ditch thence west along a center line of the t..ree -foot con-
crete lined ditch to a point fifty (50) feet v,.rest of the west line of the
concrete base of site of Building 'J,1o. 24, thence south along a line parallel
to the west line of Builuinr r, ?o . 24 to a point intersecting c:'i ±,' Air-oort
spur railroad track, thence east along said :=lirport spur railroad track to
t_c, v7' st line of uiluing <o. 19, M nce sout:'. along the '. "t line of '3ullla-
ing To. 19 to the soutnv:!est corner of building ;o. 19� thenc<, east along
the south line of Building No. 19 to the eastern b� dary of Section T in
Building No. 19, thence south to the south line bJf the paved Driveway south
of Building No. 19, thence east alor_ the lout' line of the driveway immed =ate-
__�- .
ly south of Building No. 19 to i,he point of Yg;nning, together v!ith the
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50,000 gallon water tank situated approximatel =- east of the northeast
corner of Buildin- 'vo. 19 and sufficient space around the same to operate,
and to allow the rircht of ingress and egress to same, for a period of twenty -
five years from Cianuary 1, 1932, with the option of renewal of this lease
for an additional twrenty -five years, for and in consideration of an annual
rental of 9600.00 for the first nine years of this lease, paid quarterly
in advance, and )'1.00 per ;year for the balance of the tern -, of t'r�e lease
or any rene %,:al or reinstatement thereof, and tl:e observance and perforiiiance
by lessee of the coven =ants and conditions hereinafter set forth.
This lease is giver, subject to the following covenants and
conditions:
1. The lessee shall pay to the lessor the rentals in advance
as above reserved, but in the event the lessor is relieved of its present
oblication to _-air an annual rent of X1200.00 to the United States government
for nine years, or said rental is reduced, the rental to be paid by this
lessee shall be proportionately reduced.
2. That the lessee shall at its expense repair and maintain in
good condition and working order and in 'a manner satisfactory to the
chief of air corps, or other competent mili, a.ry authorities, Building To
19 in its entirety, and the lessee shall at its e1_nense put on Uuilding do.
19 a new roof of the type now existing thereon whenever, in the opinion of
the Secretary of :,'a.r, a -et.r roof is required, all work hereunder to be
done under the general supervision and subject to the approval of competent
military authorities.
3. That lessee shall at all /times at its expense, maintain in
good wowing order sufficient fire hydrants for the protection of Building
T'o. 19 includinu the sprinkler system therein. Lessor shall- not be liable
for any expense in connection with the operation of said hydrants, used
exclusively by the lessee.
4. That the lessor shall not be responsible for any damage to
ro ert-, or in,-�zr- to perso-.,s res,.zlting from the use of the dew.1sed »remises
by the lessee, its a -ents, em-lo,.rees, or sub- tenants, or any other persons
that may be on said premises at the lessee's invitation and the lessee shall
hold the lessor har!i ?less . from any and all such claims.
5. The lessee may sublet the demised premises, or any part
thereof, but any s_:b -lease shall be »made on ter1:Is and conditions not
inconsistent e;i •thi.s lease, provided th'e' right to sublet shall not be
construed t,� affect tl'!e obli� ati _)ns of the rkansas Valley Compress
,arehoiase Co;-.:pan to the lessor for the faithful -performance of all of the
covenants contained herein.
6. The lessee shall day for all water and electricity consuired
by it, such cons-uffil Lion to be measi.zred by separate mieters placed to
measure actual consumption of � ,,ater and electricity by lessee.
7. In the event the United States government shall surrender,
eithet temnorarily or permanently, any of the space reserved by it in
Building ido. 19 the right to occupy and use such space cer �,';: terms of
this lease shall belong to the lessee.
8. This lease is sub ect to and shall include all the covenants,
terms, conditions, provi lions, reservations and obligations as set forth
in the lease, a copy of which is attached hereto and made a part hereof,
betir�Jeen the lessor and the '.car Department of the United States of America.
9. Lessee shall be allowed space on the south and east sides
of Building Pao. 19 sufficient for fire hose houses, and also the control
and management of a sufficient number of fire hydrants located on the south
and east sides of said Building No. 19 to protect said Building 11o. 19.
Provided than .lessee sriall have right to close axrainst public traffic the
paved roads imiiediately west, north, and east of Building o. 19. Lessor
agrees zot to erect any building within twenty -five (25) feet of the western
boundary of subleased premises.
10. It is the intention of the parties hereto that as long as
the Cityl of Little Roc'-, has a lease from the United States government,
or the 'afar Departlient, on the Little Rock Air Depot, that the lessee shall
have the right to use and occupy Building No. 19 and the area enclosed in
red on the blue print of the map attached hereto and as previously described;
and ir. t'l,.e event of so ;",e emergency, the United. States government shall
exercise its right to suspend all use of demised premises or resume possession
and occupy the deraised premises or to revoke its lease to the City of Little
Roci: in its entirety; but shall later either reinstate sai lease, surrender
rossessi on and occupancy of the demised premises to the City of Little Roc',
or make a new lease for said property, then the rights of this lessee shall
immediately revive and attach to the area enclosed in red on the blue print
of the ma, attached hereto acid as ,previously described, under the terms and
conditions of thi.; lease, �cst as thou i"1 there had been no interruption,
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suspension or revocation whatsoever.
11. ILA the event, the lessor should become, during the term of
this lease, or any renewal or reinstatement thereof, the ov,ner in fee
of the area covered by this lease, such ovinership shall not change the
leasehold rights of lessee, as herein set forth.
12. The lessor hereby agrees with the lessee that in the event
it shall become unable or unwilling to carry o_y,t or keen the terms, cove-
nants and conditions of its lease v.ith the United States government, it �TJi11
notify the lessee of such impending default in time to give the lessee an
opportunity to prevent default, and in the event the lessor, by its failure
to keep and perfori' this lease, shall lose the ,deriiised premises the lessor
shall then be liable to the lessee for all loss and damages suffered by
.lessee by reason of lessor's failure, unless before such default the lessor
shall execute to the Lessee a good and sufficient sublease on the entire
airport premises leased by the lessor from the 77ar Department for the re-
mainder of lessor's leasehold and subject to paragraph 11 of the covenants
of lessor's lease with the `tar Department, upon the identical rental terms set
out in said lease between lessor and the '17ar Department.
13. Lessee shall at its oven expense comply with all rules, re-
quirements, agreements, and conditions contained inthe lease from the
United States to tlie lessor herein upon the propert<< or irii-proverients herein
leased to lessee.
14. Lessee shall execute a satisfactory bond in the sum of Ten
Thousand Dollars (':IO,Ov0.0� i for the use and benefit of the City of
Little Rock guaranteeing the faithful perforgiance on the part of the
lessee of all the covenants and obligations to 1-,e by it performed. Said
bond shall not be affected by any sublease which may be executed by the
lessee, but the lessee shall have the ri -ht from time to time to substitute
the surety or sureties upon said Mond rrovided said substituted sureties
are satisfactory to the lessor.
IN t'V=I`TESS ` "'HEREOF, the parties hereinabove named have caused
this lease to be executed in duplicate under their respective seals, in
Little Roc �, %.rcansas , this day of
CITY OF LITTLE ROCK, ARIKA `?SitS
Lessor
By
'1e?:iber Board of Public affairs
Eember Board of Public affairs
6.
By
Eeriber Board of Public affairs
ARKANSAS VALLEY 'CO£ "PRESS & "'iAREHOuSE CO.
By
Vice- President
Secretary
Section 2. Because of the fact that there is urgent need
for a municipal airport, and the lac of landing facilities imperils the
continuance of air mail service and endangers the lives of aviators and others
landing,• on and taking off from said air field, it is hereby ascertained and
declared that this ordinance is necessary for the preservation of pulliic
safety and the matter of immediate public convenience and it is therefore
ascertained and declared that an emergency exists and this ordinance shall
be in force and effect immediately 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: DEC 2 2 1931
Attest: //)Approved:
t er