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HomeMy WebLinkAbout5248 RESOLUTION NO 5,248 A RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT TO PROVIDE OFFICE SPACE FOR THE PER- SONNEL EMPLOYED BY THE UNITED STATES BUREAU OF CENSUS FOR A PERIOD OF THREE MONTHS; AND FOR OTHER PURPOSES BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS . SECTION 1. The City Manager, acting for and on behalf of the City of Little Rock is hereby authorized to execute a Lease Agreement in form and substance as reflected by Exhibit "A" attached hereto for 4 ,000 square feet of office space to be used by the personnel of the United States Bureau of the Census in taking a special census for the City of Little Rock. Said space is situated in the Gay Building at 308 S. Broadway, Little Rock, Arkansas . Said rental price shall be at the rate of $1 ,750 .00 per month for a period not to exceed three months . SECTION 2 . This Resolution shall be in full force and effect from and after its adoption. ADOPTED: July 23, 1974 ATTEST : , APPROVED: litJi ,1 ity Clerk Mayor • oyt i+ j �rrkA nn 'ltt j,7 S�fi;`'.�T My OFFICE OF THE CITY ATTORNEY Pyramid Life Building LITTLE ROCK, ARKANSAS- 72201 JOSEPH C. KEMP clIT ATm•NEY July 3 , 1974 Mr. Carleton E. McMullin City Manager City Hall Little Rock, Arkansas Dear Mr. McMullin: I have reviewed the enclosed agreement of lease between the ' City of Little Rock and Gay Oil Company and approve same as amended. The amendment deletes numbered paragraphs 12 and 29. This I have cleared with agents for the Lessor. Both Lessor an. - • • . • initial the deleted paragraphs at the time of execution. I further recommend that the matter be presented to the Board of Directors for Approval. Sincerely, Joseph C. Kemp) JCK/mg Enclosure r - . • t.w AGREEMENT OF LEASE THIS AGREEMENT, entered into this __day of _ __________ , 19______, by and between Gay_Qii__Company _________ who, whether one or more, will hereinafter be designated as Lessor, and City_of_Uttle_R ck —— - — - - ------------------. who, whether one or more, will hereinafter be designated as Lessee, WITNESSETH: Lessor leases to Lessee the following described premises in the City of Little Rock, State of Arkansas, to-wit: approximately 12,700 square feet on the Second Level of the Gay Oil Company Building located at the southwest corner of Third and - Broadway on Lots 11 and 12, Block 118 of the Original City of Little • Rock, Arkansas. months The term of this lease is .3-.. ..xxxoc, commencing on the 15th day of July , 19-7.4.., and ending on the 14th day of________.__________October -__ 74. The Lessee agrees to pay to Lessor the following rental, to-wit: Five Thousand Two Hundred ___ Fifty and No/100 ($5,250.00) Dollars in equal monthly installments of One Thousand Seven Hundred Fifty and No/100 ($1,750.00) Dollars each Lessee agrees to pay the rental in monthly installments, in advance, on the _15th day of each month. The pay- ments are to be made to Barnes, Quinn, Flake and Anderson, Inc., 310 Louisiana, Little Rock, Ark., or to such other per- son and at such other place as the Lessor may designate. Any installment of rent which is not paid when due shall bear interest at the rate of 10 per cent per annum from the due date until paid. The parties hereto covenant as follows: 1. Lessee will promptly pay the stipulated rental at the place designated. 2. The leased premises will be used by the Lessee only for the following purpose, to-wit: _._.. . . General Offices — — -----__-- 3. The Lessee will not do, or permit anything to be done, in, upon or about the leased premises that increases the fire hazard beyond that which exists by reason of the ordinary use or occupancy of the premises for the purpose speci- fied in paragraph 2 hereof. Lessee agrees to pay to Lessor, on demand, any increase in fire insurance premiums on the building and improvements which Lessor may have to pay because of Lessee's use or occupancy of the premises. Lessee will not do or permit to be done anything which will make uninsurable the leased premises or any part thereof. 4. Lessee will not do or permit to he done anything in, about or upon the leased premises that interferes with the rights or, or tends to annoy, other tenants of Lessor; that conflicts with the State or Municipal laws, or the regulations of the Fire Department or Board of Health; that creates a nuisance; or that is dangerous to persons or property. 5. This lease shall not be assigned or any part of the leased premises sublet without the written consent of the Les- sor first endorsed hereon. If Lessor consents to an assignment or subletting, the Lessee shall remain liable for payment of the specified rental and the due performance of all the agreements and conditions herein. G. Lessor's interest in this lease shall pass to and vest in Lessor's heirs, devisees, successors and assigns. 7. Lessee will not make any alterations, changes or improvements without Lessor's prior written consent. If consent is given, then the cost of such alterations, additions or improvements shall be paid by Lessee. Upon the termination of this lease, Lessor shall have the right to retain the premises as altered, changed or improved by Lessee, or Lessor may re- quire the Lessee to restore the premises to the conditions existing as of the date Lessee went into possession of the leased premises under the terms of this Lease. 8. The Lessor will pay the taxes assessed against the real property and the improvements thereon, subject, how- ever to the provisions of Section 28 hereof, and will keep the outside walls and the roof in repair. Provided, however, that the Lessor will never he held liable for damages for failure to repair the roof or outside walls. Lessor is to have the exclusive use of the roof. In the event the walls should so detequtg to require rebuilding, or if the cost of repair- ing the outside walls or the roof should exceed the sum of $ 1�uvu.uu - , Lessor shall have the right to terminate this lease on giving thirty (30) days notice to the Lessee. 9. Lessee will keep the leased premises, excepting the roof and outside walls, but including plumbing, heating and air conditioning units, water tower, parking area, sidewalks, sewer lines, water pipes, gas pipes, electric wiring, fixtures, floors, plaster, plate glass and glass in repair and will do all necessary painting throughout the term of this lease. Upon the expiration of this lease, in course or by breach of any of its provisions, Lessee will restore the leased premises to Les- sor in as good condition as when possession was taken by Lessee, ordinary wear and tear excepted. 10. Lessee will pay all utility bills, including the sanitary sewer tax which accompanies the monthly water bill. 11. No sign, picture, advertisement, or notice except on the glass of the doors or windows shall be displayed on any part of the outside of said building or on or about the premises hereby demised without the previous consent in writing of the Lessor, and the Lessor may remove the same without notice to the Lessee and at Lessee's expense. Upon termination this lease, Lessee will romove any sign, advertisement or notice painted on or affixed to the leased premises, and oi/vky. re the place it occupied to the condition which existed as of the date this lease takes effect. fro12. ,e ee-aseueres-014-riel 1-o€-acrd-4iabiliby-€ar-elaAwages tt- -pereoAS-er-property-ar-isug-during-th -termJai-this-lease m the-p eee-4-ar-f-etuee-oeed}tiox-ef- he-leased rr1isesr44tialudiagf--walls.and,roof-lath.latent.and-rnanifest,andagrees to-sale-tire-hesser-lrarmless-tlrerefrirrm D E L E T E 13. In-tine-event-(4-a-sea a1A-i01-deetruet4on-(sxbstat ia4--dest-rtretiea-as-1 eia-4,1sQd.unaana-destr etiei which.4vil1 cost 25'/-or more of the value of the improvements prior to destruction to restore such improvements) of the leased prem- - ises by fire, cyclone, or act of God, this lease may be terminated on notice from the Lessor to the Lessee, or Lessor may elect to rebuild for the use of the Lessee, and in that event Lessor shall notify Lessee within sixty days after said destruc- tion, and shall then proceed with all reasonable diligence, delay due to adjustment of insurance loss and other unavoidable delays excepted, to restore the said premises; and this lease shall continue in full force and effect, except that, as the sole A, and exclusive remedy of the Lessee, there shall be a proportionate abatement of the rent payable by the Lessee durng the ' time the said premises are untenantable or in part untenantable. In the event of a partial destruction (partial destruction as herein used means destruction which will cost less than 45 % of the value of the improvements prior to destruction to restore such improvements) of the leased premises by fire, cyclone, or act of God, the Lessor will repair said leased prem- ises for the use of the Lessee, and this lease shall continue in full force and effect, except that, as the sole and exculsive remedy of the Lessee, there shall be a proportionate abatement in the rent payable by the Lessee during the time the leased premises are untenantable or in part untenantable. 14. This lease shall not be renewable except by written agreement between Lessor and Lessee. Should Lessee be allowed to remain in possession after termination of this lease, either in course or by reason of the breach of any of its provisions by the Lessee, or should Lessor accept any rent after such termination, then neither the remaining in posses- sion nor the acceptance of the rent shall be deemed a renewal of this lease or a tenancy from year to year, but, on the contrary, the status of the Lessee shall be deemed that of a tenant at will, and the Lessee will immediately vacate the premises upon being notified to do so by the Lessor. 15. Lessee will not permit the leased premises to remain vacant or unused for the purposes for which leased for more than thirty consecutive days without the written consent of the Lessor. 16. The Lessor hereby subordinates this lease to any mortgage, deed of trust or encumbrance which the Lessor may have placed, or many hereafter place, on the premises. Lessee agrees to execute, on demand, any instrument which may be deemed necessary or desirable to render such mortgage deed of trust or encumbrance. whenever made, superior and prior to this lease. 17. In the event of a breach of any of the terms or conditions hereof by Lessee, Lessor may: (a) take possession of the leased premises and lease the same for the account of the Lessee upon such terms as may be acceptable to Lessor, and apply the proceeds received from such leasing, after paying the expenses thereof, toward the payment of the rent which the Lessee herein is obligataed to pay and collect the balance thereof from the Lessee; or (b) to take possession of the leased premises and collect from Lessee all damages sustained by reasons of such breach, or (c) to pursue any remedy or remedies which may be available at law or in equity. 18. Should bankruptcy, insolvency or receivership proceedings of any kind he instituted by or against Lessee, or any one of the Lessees if more than one are included in the designation "Lessee" herein, or should Lessee's interest in this lease, or the interest of any one of the Lessees, if more than one are included under the designation "Lessee" herein, devolve or pass by operation of law to any other person or corporation, then, at the option of Lessor, that shall be con- sidered a breach of the terms and conditions of this lease, and Lessor may pursue the remedies provided for in Para- graph 17 hereof. 19. On termination of this lease in course Lessee agrees to surrender possession of the leased premises without de- mand. Failing to do so, Lessee will, in addition to the damages generally recoverable, be liable to Lessor for all damages Lessor may sustain, including claims made by any succeeding tenant against Lessor which are founded upon delay or failure in delivering possession of the leased premises to the succeeding tenant. 20. As security for the rent herein provided for, and as security for the payment of all damages which may be sustained by Lessor in the event there is a breach of any of the terms hereof by Lessee, the Lessor shall have a lien on all the furniture, fixtures and other property, excepting merchandise carried in stock for sale, which may he brought into or upon the leased premises. The Lessor shall have the power to sell such furniture, fixtures and other property at public sale, and to apply all amounts realized therefrom to the payment of the accrued rentals or to the claim or claims of Les- sor for damages. Before making such sale, Lessor shall publish a five day notice thereof by one insertion in a daily news- paper published in the City of Little Rock; such sale is to be for cash; Lessor may bid thereat as any third person might do; and Lessee hereby waives any and all rights of redemption granted by the laws of Arkansas. 21. Time is of the essence of each of the agreements and conditions herein to be performed by the Lessee. The fail- ure of Lessor to insist upon performance of any of the agreements and conditions herein in any one or more instances shall not be a waiver of the right thereafter to insist upon full and complete performance of such agreements and condi- tions. Receipt by the Lessor of rent with knowledge of the breach of any of the agreements and conditions hereof shall not be deemed a waiver of such breach. 22. Any notice provided for herein will be deemed to have been given Lessee when deposited in registered mail addressed to Lessee, or any lessee if more than one are included under the designation "Lessee" herein, at City Hall, Markham and Broadway Street, Little Rock, Arkansas. 23. Upon termination of this lease in course or for breach of any of its terms or conditions Lessee agrees to restore the leased premises to Lessor in as good condition as when possession is delivered to Lessee, ordinary wear and tear excepted. 24. Lessor may place a "for rent" sign or signs on the leased premises during the last thiry days this lease is in force. 25. In the event any changes, alterations or additions are reuirqed by any law, ordinance, or regulation of the Fire Department or Board of Health, then the cost of such change, alterations or additions shall be paid by the Lessee. 26. If the leased premises be subjected to any eminent domain proceedings, the lease shall terminate if all of the leased premises are taken or if the portion taken is so extensive that the residue is wholly inadequate for Lessee's pur- poses, as set out in paragraph 2 hereof. If the taking he partial, then Lessee's rentals shall be reduced in the proportion which the space taken hears to the space originally leased. In such condemnation proceedings Lessee may claim compen- sation for the taking of any removable installations which by the terms of this lease Lessee would be permitted to remove at the expiration of this lease, but Lessee shall be entitled to no additional award, it being agreed that all damages allo- cable to full fee simple ownership of the entire leased premises shall in any event be payable to Lessor. 27. Lessor may at any time enter the leased premises for inspection purposes. 28. In the event the amount of general taxes assessed and levied against the leased premises should be increased at any time during the term of this lease, Lessee will in each remaining year of this lease pay the Lessor the difference between the amount of general taxes paid by Lessor for the year preceding such increase and the amount of general taxes paid by the Lessor after such increase. 29. Lessee.-hae-exec ined-the-premises-hereinr}eased;ur n}-rreepts.them-irr tire-cmrditiatrtn-wtdetr-tiny'Wrier present. Lessee ag ' If',,M -, repreef+tat son--of-ara-rrairtg agreenrent-has-bery madby the-L ssorr trrryetrwhich is-rao ! • - • oxpreased, D E L E T IN WITNESS WHEREOF, the parties have executed this lease on t./date f rat abo ' en. GAY Gi C I ,0,4 KANSAS I. ..... ,-_, Lessee