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HomeMy WebLinkAbout5996 RESOLUTION NO . x,996 A RESOLUTION PROVIDING FOR THE EXECUTION OF A PROPOSED MEMORANDUM OF AGREEMENT BY AND BETWEEN THE HOUSING AUTHORITY OF THE CITY OF LITTLE ROCK AND THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1 . The proposed Memorandum of Agreement by and between the Housing Authority of the City of Little Rock , and the City of Little Rock, Arkansas (herein called the "City") is hereby in all respects approved. A copy of the Memorandum of Agreement is attached to this Resolution and made a part hereof as though set out herein word for word . SECTION 2 . The Mayor is hereby authorized and directed to execute said Agreement in five (5) counterparts on behalf of the City and the City Clerk is hereby authorized and directed to impress and attest the official seal of the City on each such counterpart and to forward such counterparts to the Department of Housing and Urban Development , together with such other documents relative to the acceptance and execution thereof as may be required by the United States of America (herein called the "Government") . SECTION 3 . The City agrees to abide by all of the provisions , terms and conditions of said Memorandum of Agreement . SECTION 4. This Resolution shall be in full force and effect from and after its adoption . ADOPTED: August 15, 1978 ATTEST : p, (44.C.14// APPROVED: City Clerk Mayor I MEMORANDUM OF AGREEMENT This Agreement, made and entered into this day of , 1978, by and between the City of Little Rock, Arkansas, hereinafter referred to as "City," and the Housing Authority of the City of Little Rock, Arkansas, hereinafter referred to as the "Agency," and concurred in by the United States Department of Housing and Urban Development, hereinafter sometimes called "Government" or "HUD" or "Department." WITNESSETH: WHEREAS, the Agency has heretofore entered into that certain Loan and Capital Grant Contract dated July 3, 1962, as amended, with the United States of America providing for financial assistance to the Agency under Title I of the Housing Act of 1949, as amended, identified as Loan and Capital Grant Contract No. Ark. R-12(LG) , Project No. Ark. R-12; and WHEREAS, pursuant to the terms of such Agreement, and a cooperation contract between the City and Agency, the City is obligated to pay one-third of the net project cost through the furnishing of local grants-in-aid; and WHEREAS, the City and the Agency contend that it has become necessary, due to the sub- stantial completion of project urban renewal activities insofar as same may be completed from a practical and financial standpoint, to close out the project; and WHEREAS, it has become necessary to evaluate further the continued carrying out of the urban renewal project, hereinafter called "project" or "projects;" and WHEREAS, the City is willing to assume additional obligations respecting the carrying out of certain necessary duties and responsibilities imposed upon the Agency by the Loan and Capital Grant Contract relating to the disposal of project lands presently under the control of the Agency; NOW, THEREFORE, the Agency and the City do hereby mutually agree and represent as follows: 1. The City and Agency concur in the use of unearned grant funds from Project No. Ark. R-12 in an amount totaling $593,320.00, to pay for the outstanding loan and interest due on the subject project. The project deficit amounting to $166,851.82, shall be paid for with unearned grant funds from Project No. Ark. R-12. 2. A11 land remaining unsold as of July 1, 1978, is identified on Attachment A which is attached hereto and made a part hereof, the total value of which amounts to $1,416,320. 3. All of the land identified in said Attachment A remain subject to covenants under the provisions of which: a. The use of the. property by the Agency, City or its assignees shall be in accordance with the Urban Renewal Plan for Project No. Ark. R-12; b. Any improvements on such property required by the Urban Renewal Plan shall be begun within a reasonable time after property is acquired for redevelop- ment by the City or its assignees; c. Any proposed reconveyances of such property by the Agency or the City for purposes of redevelopment shall be subject to the public disclosure require- ments already applicable to local public agencies in the disposition of project land to redevelopers under Section 105(e) of Title I of the Housing Act of 1949, as amended; and d. Discrimination upon the basis of race, color, religion, sex, or national origin in the sale, lease or rental or in the use or occupancy of such land or any improvements erected or to be erected thereon shall be pro- hibited and the Agency, City and the United States shall be beneficiaries of and entitled to enforce such covenant. 4. Immediately following the execution of the Memorandum of Agreement by all necessary parties, the Agency shall proceed with all due diligence to transfer and convey to the City title to all land remaining to be sold for redevelopment at such time, and as identified in Attachment A. • r_______ 5. It is noted by the City and Agency that the future of the buildings identified as A. Tannenbaum Co., Little Rock Cold Storage Company and Pruitt Hide and Fur Company remain undetermined at this time. Therefore, the property is identified in Attachment A to provide for two possible dispositions -- first, if the buildings and the land under the buildings are sold for restoration and use as commercial buildings and the surround- ing land is developed by the City as public open space, and second, if the buildings are demolished and all of the land involved is developed by the City as public open space. 6. All proceeds from the sale or lease of property identified in Paragraph 2 herein- above shall be treated as Community Development Block Grant (CDBG) program income of the City under the provisions of 24 CFR 570.506, provided, however, that such proceeds may be applied to the reimbursement of any funds of the City, other than funds made available un- der 24 CFR 570.800, et seq. , or cash local grants-in-aid required on the basis of incurred net project costs, which were used for the payment of temporary loans for the project. 7. The Agency represents to the City that the following demolition work, Item I ac- tivities, as that term is used in the Agency's contract with the Government, remain to be completed. a. Parcels A-3-7, A-3-8 and A-3-9, J. C. Howard Construction Company, Inc., Con- tract dated July 9, 1976, in the amount of $37,777.00. b. Parcel B-3-1, Northwestern Lumber and Wrecking Co. , Inc. Contract dated Feb- ruary 15, 1978, in the amount of $21,500.00. Funds required for meeting demolition obligations shall be provided with surplus grant funds from Project No. Ark R-12. 8. In the event Parcels A-3-7, A-3-8 and A-3-9 are not cleared and the buildings thereon are not demolished, J. C. Howard Construction Company, Inc. is expected to claim costs for insurance and bonding the company has incurred since the demolition contract was executed on July 9, 1976. Estimated additional costs including legal fees amount to $10,500.00. Funds for meeting any such obligation that might arise shall be provided under the Community Development Block Grant Program. 9. The City and Agency recognize that in accordance with Section 23 of Act 298 of 1937 (Arkansas Statutes (1947) Section 19-3027) , the Agency has been collecting taxes on the following properties which are temporarily being used as parking lots: t n Lessor Legal Description Deposit siAmount a. Teminal Building Lots 1, 2, 3, and a fractional $1,082.76 Inc. part of Lot 4, Part of Lot 9 and all of Lots 10, 11, and 12, Block 7, Pope's Addition to the City of Little Rock, Arkansas b. M&Iarty Leasing West 50 feet of Lots 1-2-3 except 819.26 Company railroad right-of-way. Also E-'z of alley lying West of said lots. Also West 100 Feet of 10, 11, and 12, except railroad right-of-way. All in Block 10, Pope's Addition to the City of Little Rock, Ar. c. Rodney D. Lots 10, 11, 12, Block 8, Pope's 578.91 I Williams Addition and Fractional Block "F", Original City of Little Rock, Pulaski County, Arkansas d. Downtown Little All of Block 3, Original City of 3,437.01 Rock Unlimited, Little Rock, Arkansas, less the Inc. West 19' of Lots 1,2,3,4,5, & 6. $5,917.94 10. The Agency represents to the City that it holds 89 shares of Cannon Stock in Mangel Stores Corporation, No. NCB 1311, which it received as payment of a debt by a tenant in connection with Parcel B-28-6 at 422 Main Street. Immediately after the exe- cution of the Memorandum of Agreement by all necessary parties, the Agency shall trans- fer to the City the subject Cannon Stock. The City shall be recipient of any monies that the Agency is entitled to as a Class 2 creditor in connection with the bankruptcy of Mangel Stores Corporation. • -2- • 11. The Agency further agrees that HUD may conduct audits and inspection of books, papers, certifications, accounts and all other documents with respect to the administra- tion of the operating account and completion of all activities and to establish require- ments for proper certifications with respect to the administration of said operating account and completion of all activities. 12. In the event that the City should succeed the Agency with respect to any duties, activities, obligations or otherwise connected with completion or carrying out of the project the City hereby agrees to be bound by the terms of this Agreement and to perform the Agency's duties, obligations, and activities to the same extent as the Agency is herein obligated. 13. Any costs or obligations incurred in connection with the project with respect to claims which are disputed, contingent, unliquidated or unidentified and for the payment of which insufficient project funds have been reserved under the financial settlement, shall be borne by the City. Such additional expenses may be paid from funds made avail- able from Community Development Block Grant Funds under 24 CFR 570, et seq. 14. Obligatibns under this Agreement are made specifically subject to the program management requirements of Subpart (J) of 24 CFR 570.900, et seq. 15. It is specifically understood and agreed that the concurrence of this Agreement by the United States Department of Housing and Urban Development shall not constitute a waiver of the terms of the Loan and Capital Grant Contract with the Agency. IN WITNESS WHEREOF, the parties by these presents have executed the Agreement on the date hereinabove shown. HOUSING AUTHORITY OF THE CITY OF LITTLE ROCK ARKANSAS I ' Attest: � -- `� By �. d f. .r irman/ j V IOW Abb. Secretary CITY OF LITTLE ROCK, ARKANSAS Attest: By Mayor I Secretary - Concurred in: UNITED STATES OF AMERICA Secretary of Housing and Urban Development r I By Assistant Regional Administrator for Community Planning and Development I -3- ATTACHMENT A, - Page 1 Ark. R-12, Little Rock DISPOSITION LAND LNtORY As of July 1, 1978 . Disposition Estimated Square Parcel No. Value Zoning Footage A-6-2GB $ 59,000 General Business 19,757 Legal Description: Lots 10, 11 and 12, Block 8, Pope's Addition and all fractional Block "F", Original City of Little Rock, Arkansas, except an irregular strip of land containing 845.05 square feet, described as follows: Beginning at the northeast cor- ner of Lot 10, Block 8, Popes Addition running south on east line of said Lot 10, 18 feet, thence in a northwesterly direction 31 feet to a point a distance of 10-1/2 feet from the north line of said Lot 10, thence Oontinuing in northwesterly direction 49.05 feet to a point a distance of 6-1/2 feet from north line of said Lot 10, thence 6-1/2 feet to the north line of said lot, thence east along north line of said Lot 10, 80 feet to the point of beginning, conveyed to C.O. and G. Railroad, and except also a strip 6-1/2 feet off north end of West 60 feet of Lot 10 dedicated for an alley. A-7-1GB - 122,670 General Business 44,017 Legal Description: Lots- 1, 2, 3, 10, 11, 12, Block 7, Pope's Addition, City of Little Rock, Arkansas. A-9-1HDR 97,000 HD Residential 35,970 A-9-2RW Legal Description: Lots 1, 2, 3, 10, 11, 12, Block 10, Pope's Addition (Note: The Housing Authority is working on an agreement pertaining to approximately 7,742 square feet within the parcels, the exact configuration of which is yet to be determined, with the Rock Island Railroad. Further, it has not been determined what portions of the 7,742 square feet are fee or easements) . A-13-1HDR 268,350 HD Residential 90,000 Legal Description: Block 15, Pope's Addition, City of Little Rock, Arkansas. B-15-1iC 718,000 Metrocentre 90,000 Legal Description: Block 3, Original City of Little Rock, Arkansas C-23-2HDR 18,750 Residential HD 15,000 Legal Description: Lots 5 and 6, Block 196, Original City of Little Rock, Arkansas. C-36-3HDR 22,500 HD Residential 21,000 Legal Description: Lots 1, 2, 3, Block 168, Original City of Little Rock, Arkansas. C-44-1MDR 8,250 'D Residential 11,825 Legal Description: East 85 of Lot 12, East 85 ft. of North 15 ft. of Lot 11, North 7 ft. , of Lot 10, Block 93, Original City of Little Rock, Arkansas. C-36-1HDR 2,750 HD Residential 7,000 Legal Description: Lot 5, Block 168, Original City of Little Rock, Arkansas. C-39-1HDR 12,000 HD Residential 21,000 (10% downpayment) Legal Description: North 1/2 of Lot 8, 9, 10, S 1/2 of 11, Block 21, Original City of Little Rock, Arkansas. *(1)A-3-7 & A-3-8 (A. Tennenba n Co. & Little Rock Cold Storage Company) Legal Description: Lot 2 and the West 75' of Lot 1; Block "A", Pope's Addition to the City of Little Rock; Less and Except a strip of the South end of Lot 2, described as beginning at the Southwest corner of said Lot 2; thence run East on the South line thereof 95' ; thence North 18' parallel to the West line of said lot; thence West to a point 28' North of the point of beginning; thence South 28' to the point of beginning. Said ownership containing a total of 17,617.7 square feetmore or less. A-3-9 (Pruitt Hide and Fur Company) AZTACI- aNT A - Page 2 Ark. R-12, Little Rock DISPOSiTICN LAND INVENTORY As of July 1, 1978 . Disposition Estimated Square Parcel No. Value Zoning Footage Legal Description: The East 75' of Lot 1; Block "A", Pope's Addition to the City of Little Rock and a part of Commerce Street as platted and accretion thereto lying East of and adjacent to the Fast 75' of Lot 1, Block "A", Pope's Addition; and containing an aggregate of 3,674.6 square fet, more or less. ** (2) $ 70,000 (A Tannenbaum, Cold Storage - Pruitt. Hide and Fur) Land Under Buildings Legal Description: A Tract of Land situated in the City of Little Rock, Pulaski County, Arkansas, being a part of fractional Section 2, 'Township 1 North, Range 12 Yost of the Fifth Principal Meridian, and also being part of Block "A" and accretion thereto, Pope's Addition, and part of Commerce Street as platted, being more particularly described as follows: BEGINNING at the Southeast corner of said Block "A", Thence N 80° 48' 27" W along the Southerly Block line, 203.93 feet to the southeasterly corner of the property of the Missouri Pacific Railroad Company; thence N 9° 30' 00" E along the easterly line of said property, 11.55 feet to a building corner, said corner being the southeasterly corner of a building encroachment; Thence N 9° 30' 00" E along said easterly property line, 6.05 feet to a point, said point being the northeasterly corner of said encroach- ment; thence N 74° 31' 25" W, 95.02 feet to a point on the westerly line of said Block "A", said point being the northwesterly corner of said encroachment, said point also being N 9° 30' 00" E along said westerly Block line, 0.49 feet from the southwesterly corner of said encroachment, said encroachment containing 310.73 square feet, more or less; thence N 9° 30' 00" E along said westerly Block line, 123.17 feet to a building corner; thence S 56° 44' 05" E along the edge of a building, 104.45 feet to a building corner; thence S 9° 30' 00" W along the edge of a building, 1.86 feet to a building corner; thence S 75° 08' 27" E along the edge of a building, 35.46 feet to a building corner; thence N 11° 00' 37" E along the edge of a building, 28.69 feet to a building corner; thence S 78° 37' 22" E along the edge of a building, 90.68 feet to a building corner; thence S 6° 26' 39" W, 25.84 feet to a point; thence S 80° 55' 34" E, 1.32 feet to a building corner; thence S 80° 55' 34" E along the edge of a building, 73,42 feet to a building corner; thence S 10° 09' 13" W along the edge of a building, 22.00 feet to a building corner; thence S 82° 05' 08" E along the edge of a building, 0.28 feet to a point on the westerly line of the right-of-way of Commerce Street; thence S 82° 05' 08" E along the edge of a building, 2.52 feet to a building corner; thence S 9° 51' 34" W along the edge of a building, 80.55 feet to a building corner; thence N 80° 08' 26" W along the edge of a building, 2.02 feet to a point on said right-of-way line; thence S 9° 30' 00" W along said right-Of-way line 0.31 feet to the point of beginning, said tract containing 0.777 acres, more or less. ***(3) (A Tannenbaum, Cold Storage - Pruitt Hide and Fur) Land Abutting Buildinc Legal Description: A tract of land situated in the City of Little Rock, Pulaski County, Arkansas, being part of fractional Section 2, Township 1 North, Range 12 West of the Fiftr Principal Meridian, and also being part of Block "A" and accretion thereto, Pope's Addi- tion, and part of Commerce Street as platted, being more particularly described as folloce Commencing at the southwest corner of said Block "A", thence N 9° 30' 00" E along the westerly block line, 158.92 feet to the northwesterly corner of a building, said corner being the point of beginning; thence N 9° 30' 00" E along said westerly block line, 74.95 feet to a point on the ordinary high water line of the Arkansas River, the elevation of said high water line being 235.61 feet (M.S.L.) , dated July 10, 1972; thence N 78° 08' 22" E along said high water line, 5.96 feet to a point; thence N 29° 07' 57" E along said high water line, 38.09 feet to a point; thence N 23° 56' 40" E along said high water line, 14.67 feet to a point; thence N 84° 37' 16" E along said high water line, 20.97 feet to a point; thence S 71° 53' 51" E along said high water line, 259.08 feet to a point on the westerly line of the right-of-way of Commerce Street; thence S 9° 30' 00" W along said right-of-way line, 162.63 feet to a point on the edge of a building, thence N 82° 05' 08" W along the edge of a building, 0.28 feet to a building corner; thence N 10° 09' 13" E along the edge of a building, 22.00 feet to a building corner; thence N 8C° 55' 34" W along the edge of a building, 73.42 feet to a building corner; thence N 80° 55' 34" W, 1.32 feet to a point; thence N 6° 26' 39" E, 25.84 feet to a building corner; thence N 78° 37' 22" W along the edge of a building, 90.68 feet to a building corner; thence S 11° 00' 37" W along the edge of a building, 2.8.69 feet to a building corner; thence N 75° 08' 27" W along the edge of a building, 35.46 feet to a building corner; thence N 9° 30' 00" E along the edge of a building, 1.86 feet to a building corner; thence N 56° 44' 05" W along the edge of a building, 104.45 feet to a building corner; said corner being the point of beginning, said tract containing 0.982 acres, more or less • AITAC E=T A - Page 3 Ark. R-12, Little Rock DISPOSITION LAND INVENTORY As of July 1, 1978 . Disposition Estimated Square Parcel No. Value Zoning Footage B-3-1 _ To be dedicated for Public 148,104 Cpen Space Legal Description: A parcel of land located in the fractional NE 1/4 of Section 3, Township 1 North, Range 12 West of the Fifth Principal Meridian, said parcel also being located in the City of Little Rock, Pulaski County, Arkansas, and being more particularly described as follows: Commencing at the SE corner of Block 186 of the Original City of Little Rock, Pulaski County, Arkansas; thence North 256.26 feet along the west right-of-way line and west right-of-way line extended of Spring Street to the intersection of said west line and the ordinary highwater mark (approximate elevation 235.71 feet) of the right bank of the Arkansas River, said intersection being the point of beginning. Thence back along said extended right-of-way line South 44.25 feet to a point on the north line of the Missouri Pacific Railroad right-of-way; thence along said north railroad right-of-way line the following: S 75° 09' 50" E, 66.71 feet; S 70° 45' 52" E, 148.42 feet; S 70° 12' 20" E, 118.87 feet; S 6p° 27' 57" E, 45.08 feet; N 20° 32' 03" E, 1.08 feet; S 71° 30' 21" E, 25.08 feet; S 79° 25' 42" e, 6.33 feet; S 69° 19' 30" E, 33.95 feet; S 12° 56' 43" w, 11.0 feet; thence continuing along said north railroad right-of-way line, along a line parallel to and 23.5 feet to the north of the original center line of the Missouri Pacific Main Line Railroad tracks said north right-of-way line also being along the arc of a curve to the left with a radius of 865.32 feet, for a distance of 249.12 feet, said arc having a chord bearing and distance of S 85° 18' 09" E, 248.26 feet to a point; thence continuing parallel to and 23.5 feet from said center line and continuing along said north right-of-way line the following: N 86° 27' 00" E, 66.52 feet; thence along the arc of a curve to the right with a radius of 1,156.57 feet, and said arc having a chord bearing and distance of S 87° 09' 30" E, 257.51 feet for 258.04 feet; thence S 80° 46' E, 64.16 feet; thence along the arc of a curve to the left with a radius of 1,518.36 feet, said arc having a chord bearing of S 81° 17' 13" E, 27.58 feet for a distance of 27.58 feet to a point, said point being the intersection of said parallel line and the west right-of-way line extended of Main Street; thence along said west right-of-way line extended of Main Street N 0° 06' 20" E, 181.85 feet to a point on the ordinary high water mark (elevation 235.71± feet) of the right bank of the Arkansas River; thence westerly along the meanders of the ordi- nary high water mark the following approximate bearings and distances: S89° 13' 31" W, 45.86 feet; N 75° 34' 48" W, 13.43 feet; N 63° 01' 42" W, 16.39 feet; N 84° 25' 03" W, 13.07 feet; S 85° 25' 07" W, 15.40 feet; N 85° 20' 43" W, 30.62 feet; N 69° 15' 40" W, 16.27 feet; N 88° 03' 08" W, 12.24 feet; N 67° 53' 20" W, 17.18 feet; N 76° 37' 15" W, 59.39 feet; N 87° 51' 17" W, 12.85 feet; S 80° 40' 16" W, 15.81 feet; N 73° 09' 06" W, 16.04 feet; N 84° 51' 57" W, 29.31 feet; S 85° 55' 51" W, 44.81 feet; S 47° 27' 53" W, 13.96 feet; S 37° 48' 44" W, 28.05 feet; S 42° 59' 25" W, 8.35 feet; S 75° 40' 32" W, 14.36 feet; N 81° 22' 44" W, 13.55 feet; N 57° 54' 06" W, 10.91 feet; S 79° 02' 58" W, 32.17 feet; N 79° 10' 38" W, 20.80 feet; S 59° 08' 09" W, 14.59 feet; N 84° 24' 30" W, 21.40 feet; N 85° 00' 53" W, 59.16 feet; S 73° 09' 51" W, 14.95 feet; N 86° 02' 26" W, 24.46 feet; S 82° 12' 23" W, 20.69 feet; N 69° 52' 17" W, 21.04 feet; N 87° 27' 54" W, 31.47 feet; N 85° 56' 32" W, 30.37 feet; S 53° 47' 40" W, 22.52 feet; S 87° 25' 44" W, 19.84 feet; N 55° 11' 40" W, 15.10 feet; N 79° 32' 18" W, 42.3 feet; S 88° 40' 20" W, 18.55 feet; N 79° 32' 18" W, 99.9 feet; S 39° 02' 04" W, 13.59 feet; N 79° 13' 41" W, 45.05 feet; N 46° 27' 20" W, 29.87 feet; N 63° 04' 01" W, 12.61 feet; S 79° 29' 01" W, 15.83 feet; N 83° 29' 00" W, 64.46 feet to the point of beginning. Said parcel contains 3.40 acres, more or less. C-367 2,700 "F" Ccrrzn. 7,500 Legal Description: West 50 ft. of lots 7, 8, 9, Block 234, Original City of Little Rock, Arkansas. C-361 7,500 "F" Comm. 7,500 Legal Description: Lot 1, Block 234, Original City of Little Rock, Arkansas. C-236 5,000 "F" Comm. 7,000 Legal Description: Lot 3, Block 174, Original City of Little Rock, Arkansas. Q-222 1,750 Resident i A7 5,000 Legal Description: Lot 5, Block 286, Original City of Little Rock, Arkansas. Ai1A- lt.N1 A - Page 4 Ark. R-12, Little Rock • DISPOSiTICa LAND INVENTORY As of July 1, 1978 . Disposition Estimated Square Parcel No. Value Zoning Footage R-442 $ 100 Residential 5,200 Legal Description: lot 3, North 1/2 of 4, North 1/2 of 9, Block 320, Original City of Little Rock, Arkansas. TOTAL ESTIMATED VALUE: $1,416,320.00 *Cleared land to be dedicated to City in accordance with approved Plan. **Land under buildings proposed to be sold to developer for $70,000. ***Provided ** above occurs, this land to be dedicated to City. • •